§22-3-30a. Blasting Requirements; Liability and Civil Penalties in the Event of Property Damage
(a) Blasting shall be conducted in accordance with the rules and laws established to regulate blasting. (b) If the Department of Environmental Protection establishes after an inspection that a blast at a surface coal mine operation as defined by the provisions of subdivision (2), subsection (a), section thirteen-a of this article was not in compliance […]
§22-3-31. Conflict of Interest Prohibited; Criminal Penalties Therefor; Employee Protection
(a) No employee of the division engaged in the enforcement or administration of this article or employee of the surface mine board performing any function or duty under this article shall have a direct or indirect financial interest in any surface-mining operation. Whoever knowingly violates the provisions of this subsection is guilty of a misdemeanor, […]
§22-3-32. Special Tax on Coal Production; Mines and Minerals Operations Fund
(a) Imposition of tax. — Upon every person in this state engaging in the privilege of severing, extracting, reducing to possession or producing coal for sale, profit or commercial use, there is hereby imposed an annual tax equal to 2¢ per ton of coal produced by such person for sale, profit or commercial use during […]
§22-3-32a. Special Tax on Coal; Clarification of Imposition of Tax; Procedures for Collection and Administration of Tax
(a) It is the intent of the Legislature to clarify that from the date of its enactment, the special tax on coal imposed pursuant to the provisions of section thirty-two of this article is intended to be in addition to any other taxes imposed on every person in this state engaging in the privilege of […]
§22-3-33. Attorney Fees and Costs
(a) As a result of any administrative proceeding under this article, at the request of any person, a sum equal to the aggregate amount of all costs and expenses, including attorney fees, as determined by the court or the Surface Mine Board to have been reasonably incurred by the requesting person for or in connection […]
§22-3-34. Office of Explosives and Blasting Terminated; Transfer of Functions; Responsibilities, Personnel and Assets
The office of explosives and blasting within the Department of Environmental Protection is hereby terminated, and its authority and functions are transferred to the Division of Mining and Reclamation. With this transfer, all records, assets, and contracts, along with the rights and obligations thereunder, obtained or signed on behalf of the office of explosives and […]
§22-3-35. Legislative Rules on Surface-Mining Blasting; Disciplinary Procedures for Certified Blasters
(a) All authority to promulgate rules pursuant to article three, chapter twenty-nine-a of this code is hereby transferred from the office of explosives and blasting to the Division of Mining and Reclamation as of the effective date of enactment of this section and article during the 2016 session of the Legislature: Provided, That any rule […]
§22-3-36. Claims Process for Blasting
(a) The Division of Mining and Reclamation shall establish and manage a process for the filing, administration and resolution of claims related to blasting. (b) Claims which may be filed and determined under the provisions of this section shall be those arising from both of the following: (1) Damage to property arising from blasting activities […]
§22-3-37. Rules, Orders and Permits to Remain in Effect Regarding Blasting; Proceedings Not Affected
(a) All orders, determinations, rules, permits, grants, contracts, certificates, licenses, waivers, bonds, authorizations and privileges which have been issued, made, granted or allowed to become effective prior to the enactment of this article shall remain in effect according to their terms until modified, terminated, superseded, set aside or revoked pursuant to this article, by a […]
§22-3-38. Transfer of Personnel and Assets
The secretary shall transfer to the Division of Mining and Reclamation any personnel and assets presently used to perform or used in the performance of the duties and functions required by sections thirty-four through thirty-nine of this article.