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 (2), subsection (u), section three, article three of this chapter.
In addition to any other powers or duties heretofore or hereinafter granted, the director has the following powers and duties:
(a) To control and exercise regulatory authority over all quarry operations in this state and enforce the provisions of this article;
(b) To employ all necessary personnel to carry out the purposes and requirements of this article;
(c) To propose any necessary legislative rules, in accordance with the provisions of chapter twenty-nine-a of this code to implement the provisions of this article; and
(d) To make investigations and inspections necessary to ensure compliance with the provisions of this article.
(e) Nothing in this article may be construed as vesting in the director the jurisdiction to adjudicate property-rights disputes.
Structure West Virginia Code
Chapter 22. Environmental Resources
Article 4. Quarry Reclamation Act
§22-4-4. Director of the Division of Environmental Protection; Powers and Duties
§22-4-5. Quarry Permit Requirements
§22-4-6. Application Review, Public Notice and Comment, and Permit Approval
§22-4-7. Denial of Quarry Permit
§22-4-8. Limitations; Mandamus
§22-4-9. Permit Renewals and Revisions
§22-4-10. Modification of Permits
§22-4-12. Preblast Survey Requirements
§22-4-14. Performance Standards
§22-4-15. Groundwater Protection
§22-4-16. Water Rights and Replacement; Waiver of Replacement
§22-4-17. Quarrying and Reclamation Plan
§22-4-18. Land Reclamation Requirements
§22-4-19. Time Period for Reclamation
§22-4-20. Fiscal Responsibility
§22-4-23. Quarry Reclamation Fund
§22-4-26. Required Fees, Quarry Inspection and Enforcement Fund
§22-4-27. Exception for Certain Existing Quarries