§22-3-4. Reclamation; Duties and Functions of Secretary
(a) The secretary shall administer the provisions of this article relating to surface-mining operations. The secretary has within his or her jurisdiction and supervision all lands and areas of the State, mined or susceptible of being mined, for the removal of coal and all other lands and areas of the State deforested, burned over, barren […]
§22-3-5. Surface Mining Reclamation Supervisors and Inspectors; Appointment and Qualifications; Salary
The director shall determine the number of surface mining reclamation supervisors and inspectors needed to carry out the purposes of this article and appoint them as such. All such appointees shall be qualified civil service employees, but no person is eligible for such appointment until he or she has served in a probationary status for […]
§22-3-6. Duties of Surface Mining Reclamation Inspectors and Inspectors in Training
Except as otherwise provided in this article, surface mining reclamation inspectors and inspectors in training shall make all necessary surveys and inspections of surface mining operations required by the provisions of this article, shall administer and enforce all surface mining laws and rules and shall perform such other duties and services as may be prescribed […]
§22-3-7. Notice of Intention to Prospect, Requirements Therefor; Bonding; Secretary's Authority to Deny or Limit; Postponement of Reclamation; Prohibited Acts; Exceptions
(a) Any person intending to prospect for coal in an area not covered by a surface-mining permit, in order to determine the location, quantity or quality of a natural coal deposit, making feasibility studies or for any other purpose, shall file with the secretary, at least fifteen days prior to commencement of any disturbance associated […]
§22-3-8. Prohibition of Surface Mining Without a Permit; Permit Requirements; Successor in Interest; Duration of Permits; Proof of Insurance; Termination of Permits; Permit Fees
(a) No person may engage in surface mining operations unless he or she has first obtained a permit from the secretary in accordance with the following: (1) All permits issued pursuant to the requirements of this article shall be issued for a term not to exceed five years: Provided, That if the applicant demonstrates that […]
§22-3-9. Permit Application Requirements and Contents
(a) The surface mining permit application shall contain: (1) The names and addresses of: (A) The permit applicant; (B) the owner of record of the property, surface, and mineral to be mined; (C) the holders of record of any leasehold interest in the property; (D) any purchaser of record of the property under a real […]
§22-3-10. Reclamation Plan Requirements
(a) Each reclamation plan submitted as part of a surface mining permit application shall include, in the degree of detail necessary to demonstrate that reclamation required by this article can be accomplished, a statement of: (1) The identification of the lands subject to surface mining over the estimated life of these operations and the size, […]
§22-3-11. Bonds; Amount and Method of Bonding; Bonding Requirements; Special Reclamation Tax and Funds; Prohibited Acts; Period of Bond Liability
(a) After a surface mining permit application has been approved pursuant to this article, but before a permit has been issued, each operator shall furnish a penal bond, on a form to be prescribed and furnished by the secretary, payable to the State of West Virginia and conditioned upon the operator faithfully performing all of […]
§22-3-11a. Special Reclamation Tax; Clarification of Imposition of Tax; Procedures for Collection and Administration of Tax; Application of Tax Procedure and Administration Act and Tax Crimes and Penalties Act
(a) It is the intent of the Legislature to clarify that from the date of its enactment, the special reclamation tax imposed pursuant to the provisions of section eleven of this article is intended to be in addition to any other taxes imposed on persons conducting coal surface mining operations including, but not limited to […]
§22-3-12. Site-Specific Bonding; Legislative Rule; Contents of Legislative Rule; Legislative Intent
(a) Notwithstanding the provisions of section eleven of this article, the secretary may establish and implement a site-specific bonding system in accordance with the provisions of this section. (b) A legislative rule proposed or promulgated pursuant to this section must provide, at a minimum, for the following: (1) The penal amount of a bond shall […]