§22-4-2. Legislative Findings
The Legislature finds that: The extraction of noncoal minerals by quarrying is a basic, essential and vital industry making an important contribution to the economic well-being of West Virginia. From the small family-owned chert pit to the multinational limestone quarry, quarry aggregate production plays a vital role in West Virginia's economy and the quality of […]
§22-4-3. Definitions
Unless the context in which it is used clearly requires a different meaning, as used in this article: (1) "Abandoned quarry" or "abandoned quarry lands" means:
§22-4-4. Director of the Division of Environmental Protection; Powers and Duties
The Director of the Division of Environmental Protection is vested with jurisdiction over all aspects of quarrying and with jurisdiction and control over land, water and soil aspects pertaining to quarry operations, and the restoration and reclamation of quarries and areas affected thereby. This article does not address coal mining activities unless covered by subdivision […]
§22-4-5. Quarry Permit Requirements
(a) It is unlawful for any person to engage in quarrying without having first obtained from the division a permit as required by this article. The application shall fully state the information required by the director. Each new quarry permit shall be issued for a term of five years and is renewable for subsequent terms […]
§22-4-6. Application Review, Public Notice and Comment, and Permit Approval
(a) The director shall, upon receipt of an application for a permit, determine if the application is complete and contains the information required in the application. The director has thirty days to review the application for technical completeness. An application is complete when all required information has been submitted to the director. If the application […]
§22-4-7. Denial of Quarry Permit
(a) The director may deny a permit application, modification or transfer for one or more of the following reasons: (1) Any requirement of federal or state environmental law, rule or regulation would be violated by the proposed permit.
§22-4-8. Limitations; Mandamus
The Legislature finds that there are certain areas in the State of West Virginia which are impossible to reclaim either by natural growth or by technological activity and that if quarrying is conducted in these certain areas such operations may naturally cause stream pollution, landslides, the accumulation of stagnant water, flooding, the destruction of land […]
§22-4-9. Permit Renewals and Revisions
(a) Any valid permit issued pursuant to this article carries with it the right of successive renewal upon expiration with respect to areas within the boundaries of the existing permit. All permittees shall publish a Class I legal advertisement in accordance with the provisions of article three, chapter fifty-nine of this code. (b) If an […]
§22-4-10. Modification of Permits
(a) Prior to expanding or otherwise altering quarrying operations beyond the activities authorized under an existing quarry permit, a permittee shall obtain approval for modification from the director. The application shall be in writing on forms provided by the division, or the application may be submitted electronically. Applicants shall verify electronic submissions by signed affidavit. […]