§22-2-1. Short Title
This article shall be known and cited as the Abandoned Mine Lands and Reclamation Act.
§22-2-10. Benefits Derived From Substances Separated by Treatment of Pollution From Mine Drainage in the Waters of the State; Public Policy; Legislative Findings, Intent, and Purpose; Severability
(a) Public Policy. It is the long-standing public policy of the State of West Virginia, pursuant to 22-11-1 et seq. of this code, the Water Pollution Control Act, that the state is compelled to maintain reasonable standards of purity and quality of the waters of the state which are consistent with public health and the […]
§22-2-2. Legislative Findings; Intent and Purpose of Article; Jurisdiction and Authority of Director
The Legislature finds that there are a substantial number of acres of land throughout the state that were disturbed by surface-mining operations prior to the time of present day effective control and regulation. There was little or no reclamation conducted and the impacts from these unreclaimed lands impose social and economic costs on residents in […]
§22-2-3. Definitions
(a) All definitions set forth in article three of this chapter apply to those defined terms which also appear in this article, if applicable. (b) For the purposes of this article the following words have the meanings ascribed to them in this subsection: (1) "Director" means the director of the Division of Environmental Protection or […]
§22-2-4. Abandoned Land Reclamation Fund and Objectives of Fund; Lands Eligible for Reclamation
(a) All abandoned land reclamation funds available under Title IV of the federal Surface Mining Control and Reclamation Act of 1977, as amended, private donations received, any state appropriated or transferred funds, or funds received from the sale of land by the secretary under this article shall be deposited with the Treasurer of the State […]
§22-2-5. Powers and Duties of Director; Program Plans and Reclamation Projects
(a) The director shall submit to the secretary a state reclamation plan and annual projects to carry out the purposes of this article. (b) That reclamation plan shall generally identify the areas to be reclaimed, the purposes for which the reclamation is proposed, the relationship of the lands to be reclaimed and the proposed reclamation […]
§22-2-6. Acquisition and Reclamation of Land Adversely Affected by Past Coal Surface-Mining Practices
(a) If the director makes a finding of fact that: (1) Land or water resources have been adversely affected by past coal surface-mining practices;
§22-2-7. Liens Against Reclaimed Land; Petition by Landowner; Appeal; Priority of Liens
(a) Within six months after the completion of a project to restore, reclaim, abate, control or prevent adverse effects of past coal surface-mining practices on a privately owned land, the director shall itemize the moneys so expended and may file a statement thereof in the office of the clerk of the county commission in the […]
§22-2-8. Filling Voids and Sealing Tunnels
(a) The Legislature declares that voids, open and abandoned tunnels, shafts and entryways and subsidence resulting from any previous coal surface-mining operation are a hazard to the public welfare and safety and that surface impacts of any underground or surface-mining operation may degrade the environment. The director is authorized to fill the voids, seal the […]
§22-2-9. General and Miscellaneous Powers and Duties of Director; Cooperative Agreements; Injunctive Relief; Water Treatment Plants and Facilities; Transfer of Funds and Interagency Cooperation
(a) The director is authorized to engage in any work and to do all things necessary and proper, including promulgation of rules, to implement and administer the provisions of this article. (b) The director is authorized to engage in cooperative projects under this article with any other agency of the United States of America, any […]