West Virginia Code
Article 3. Surface Coal Mining and Reclamation Act
§22-3-1. Short Title

West Virginia Code

Chapter 22. Environmental Resources

Article 3. Surface Coal Mining and Reclamation Act

§22-3-1. Short Title

§22-3-2. Legislative Findings and Purpose; Jurisdiction Vested in Division of Environmental Protection; Authority of Secretary; Inter-Departmental Cooperation

§22-3-3. Definitions

§22-3-4. Reclamation; Duties and Functions of Secretary

§22-3-5. Surface Mining Reclamation Supervisors and Inspectors; Appointment and Qualifications; Salary

§22-3-6. Duties of Surface Mining Reclamation Inspectors and Inspectors in Training

§22-3-7. Notice of Intention to Prospect, Requirements Therefor; Bonding; Secretary's Authority to Deny or Limit; Postponement of Reclamation; Prohibited Acts; Exceptions

§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

§22-3-9. Permit Application Requirements and Contents

§22-3-10. Reclamation Plan Requirements

§22-3-11. Bonds; Amount and Method of Bonding; Bonding Requirements; Special Reclamation Tax and Funds; Prohibited Acts; Period of Bond Liability

§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

§22-3-12. Site-Specific Bonding; Legislative Rule; Contents of Legislative Rule; Legislative Intent

§22-3-13. General Environmental Protection Performance Standards for Surface Mining; Variances

§22-3-13a. Preblast Survey Requirements

§22-3-14. General Environmental Protection Performance Standards for the Surface Effects of Underground Mining; Application of Other Provisions of Article to Surface Effects of Underground Mining

§22-3-15. Inspections; Monitoring; Right of Entry; Inspection of Records; Identification Signs; Progress Maps

§22-3-16. Cessation of Operation by Order of Inspector; Informal Conference; Imposition of Affirmative Obligations; Appeal

§22-3-17. Notice of Violation; Procedure and Actions; Enforcement; Permit Revocation and Bond Forfeiture; Civil and Criminal Penalties; Appeals to the Board; Prosecution; Injunctive Relief

§22-3-18. Approval, Denial, Revision and Prohibition of Permit

§22-3-19. Permit Revision and Renewal Requirements; Incidental Boundary Revisions; Requirements for Transfer; Assignment and Sale of Permit Rights; Operator Reassignment; and Procedures to Obtain Inactive Status

§22-3-20. Public Notice; Written Objections; Public Hearings; Informal Conferences

§22-3-21. Decision of Secretary on Permit Application; Hearing Thereon

§22-3-22. Designation of Areas Unsuitable for Surface Mining; Petition for Removal of Designation; Prohibition of Surface Mining on Certain Areas; Exceptions; Taxation of Minerals Underlying Land Designated Unsuitable

§22-3-22a. Blasting Restrictions; Site Specific Blasting Design Requirement

§22-3-23. Release of Bond or Deposits; Application; Notice; Duties of Secretary; Public Hearings; Final Maps on Grade Release

§22-3-24. Water Rights and Replacement; Waiver of Replacement

§22-3-25. Citizen Suits; Order of Court; Damages

§22-3-26. Surface Mining Operations Not Subject to Article

§22-3-27. Leasing of Lands Owned by State for Surface Mining of Coal

§22-3-28. Special Permits Authorization for Reclamation of Existing Abandoned Coal Processing Waste Piles; Coal Extraction Pursuant to a Government-Financed Reclamation Contract; Coal Extraction as an Incidental Part of Development of Land for Commer...

§22-3-29. Experimental Practices

§22-3-30. Certification and Training of Blasters

§22-3-30a. Blasting Requirements; Liability and Civil Penalties in the Event of Property Damage

§22-3-31. Conflict of Interest Prohibited; Criminal Penalties Therefor; Employee Protection

§22-3-32. Special Tax on Coal Production; Mines and Minerals Operations Fund

§22-3-32a. Special Tax on Coal; Clarification of Imposition of Tax; Procedures for Collection and Administration of Tax

§22-3-33. Attorney Fees and Costs

§22-3-34. Office of Explosives and Blasting Terminated; Transfer of Functions; Responsibilities, Personnel and Assets

§22-3-35. Legislative Rules on Surface-Mining Blasting; Disciplinary Procedures for Certified Blasters

§22-3-36. Claims Process for Blasting

§22-3-37. Rules, Orders and Permits to Remain in Effect Regarding Blasting; Proceedings Not Affected

§22-3-38. Transfer of Personnel and Assets