Bill Text: WV HB2955 | 2011 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Authorizing the Division of Mining and Reclamation to assess certain fees to coal mine operators
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2011-06-16 - Effective Date [HB2955 Detail]
Download: West_Virginia-2011-HB2955-Introduced.html
H. B. 2955
(By Delegates Caputo and Barker)
(By Request of the Department Environment Protection)
[Introduced February 1, 2011; referred to the
Be it enacted by the Legislature of West Virginia:
That §22-3-7, §22-3-8 and §22-3-19 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 3. SURFACE COAL MINING AND RECLAMATION ACT.
(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 thedirector secretary, at least fifteen days prior to commencement of
any disturbance associated with prospecting, a notice of intention
to prospect, which notice shall include a description of the
prospecting area, the period of supposed prospecting and such any
other information as required by rules promulgated pursuant to this
section: Provided, That prior to the commencement of such
prospecting, the director secretary may issue an order denying or
limiting permission to prospect where the director secretary finds
that prospecting operations will damage or destroy a unique natural
area, or will cause serious harm to water quality, or that the
operator has failed to satisfactorily reclaim other prospecting
sites, or that there has been an abuse of prospecting by previous
prospecting operations in the area.
(b) Notice of intention to prospect shall be made in writing on forms prescribed by thedirector secretary and shall be signed
and verified by the applicant. The notice shall be accompanied by:
(1) A United States Geological Survey topographic map showing by
proper marking the crop line and the name, where known, of the seam
or seams to be prospected; and (2) a bond, or cash, or collateral
securities or certificates of the same type and form and in the
same manner as provided in section eleven of this article, in the amount of five hundred dollars per acre or fraction thereof for the
total estimated disturbed area. If such the bond is used, it shall
be payable to the State of West Virginia and conditioned that the
operator faithfully perform the requirements of this article as
they relate to backfilling and revegetation of the disturbed area.
(c) Any person prospecting under the provisions of this section shall ensure thatsuch the prospecting operation is
conducted in accordance with the performance standards in section
thirteen of this article for all lands disturbed in explorations,
including excavations, roads, drill holes, and the removal of
necessary facilities and equipment.
(d) Information submitted to thedirector secretary pursuant
to this section as confidential, concerning trade secrets or
privileged commercial or financial information, which relates to
the competitive rights of the person or entity intended to prospect
the described area, is not available for public examination.
(e) Any person who conducts any prospecting activities which substantially disturb the natural land surface in violation of this section or rules issued pursuant thereto is subject to the provisions of sections sixteen and seventeen of this article.
(f) No An operator shall may not remove more than two hundred
fifty tons of coal without the specific written approval of the
director secretary. Such approval shall be requested by the
operator on forms prescribed by the director secretary. The director secretary shall promulgate rules governing such operations
and setting forth information required in the application for
approval. Each such application shall be accompanied by a $2000
filing fee.
(g) The bond accompanying said notice of intention to prospect shall be released by thedirector secretary when the operator
demonstrates that a permanent species of vegetative cover is
established.
(h)In the event If an operator desires to mine the area
currently being prospected, and has requested and received an
appropriate surface mine application (S.M.A.) number, the director
secretary may permit the postponement of the reclamation of the
area prospected. Any part of a prospecting operation, where
reclamation has not been postponed as provided above, shall be
reclaimed within a period of three months from disturbance.
(i) For the purpose of this section, the word "prospect" or "prospecting" does not include core drilling related solely to taxation or highway construction.
(a) No person may engage in surface mining operations unless he or she has first obtained a permit from thedirector 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 a specified longer term is reasonably needed to allow the applicant to obtain necessary financing for equipment and the opening of the operation, and if the application is full and complete for the specified longer term, thedirector secretary may extend a permit for a
longer term: Provided, however, That subject to the prior approval
of the director secretary, with the approval being subject to the
provisions of subsection (c), section eighteen of this article, a
successor in interest to a permittee who applies for a new permit,
or transfer of a permit, within thirty days of succeeding to the
interest and who is able to obtain the bond coverage of the
original permittee, may continue surface mining and reclamation
operations according to the approved mining and reclamation plan of
the original permittee until the successor's permit application or
application for transfer is granted or denied.
(2) Proof of insurance is required on an annual basis.
(3) A permit terminates if the permittee has not commenced the surface mining operations covered by the permit within three years of the date the permit was issued: Provided, That thedirector
secretary may grant reasonable extensions of time upon a timely
showing that the extensions are necessary by reason of litigation precluding commencement, or threatening substantial economic loss
to the permittee, or by reason of conditions beyond the control and
without the fault or negligence of the permittee: Provided,
however, That with respect to coal to be mined for use in a
synthetic fuel facility or specific major electric-generating
facility, the permittee shall be considered to have commenced
surface mining operations at the time the construction of the
synthetic fuel or generating facility is initiated.
(4) Each application for a new surface mining permit filed pursuant to this article shall be accompanied by a fee of$1,000
$3,000. All permit fees and renewal fees provided in this section
or elsewhere in this article shall be collected by the director
secretary and deposited with the Treasurer of the State of West
Virginia to the credit of the Operating Permit Fees Fund and shall
be used, upon requisition of the director secretary, for the
administration of this article.
(5) Prior to the issuance of any permit, thedirector
secretary shall ascertain from the Commissioner of the Division of
Labor whether the applicant is in compliance with section fourteen,
article five, chapter twenty-one of this code. Upon issuance of
the permit, the director secretary shall forward a copy to the
Commissioner of the Division of Labor, who shall assure continued
compliance under the permit.
(6) (A) Prior to the issuance of any permit thedirector secretary shall ascertain from the Executive Director of Workforce
West Virginia and the Insurance Commissioner whether the applicant
is in compliance with the provisions of section six-c, article two,
chapter twenty-one-a of this code and section five, article two,
chapter twenty-three of this code with regard to any required
subscription to the Unemployment Compensation Fund or to the
Workers' Compensation Fund, the payment of premiums and other
charges to the fund, the timely filing of payroll reports and the
maintenance of adequate deposits. If the applicant is delinquent
or defaulted, or has been terminated by the executive director or
the Insurance Commissioner, the permit may not be issued until the
applicant returns to compliance or is restored by the executive
director or the Insurance Commissioner under a reinstatement
agreement: Provided, That in all inquiries the Executive Director
of Workforce West Virginia and the Insurance Commissioner shall
make response to the Department of Environmental Protection within
fifteen calendar days; otherwise, failure to respond timely is
considered to indicate the applicant is in compliance and the
failure will not be used to preclude issuance of the permit.
(B) It is a requirement of this article that each operator maintain continued compliance with the provisions of section five, article two, chapter twenty-three of this code and section six-c, article two, chapter twenty-one-a of this code and provide proof of compliance to thedirector secretary on a quarterly basis.
(a) (1) 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. The holders of the permit may apply for renewal and the renewal shall be issued: Provided, That on application for renewal, the burden is on the opponents of renewal, unless it is established that and written findings by thedirector secretary are made that:
(A) The terms and conditions of the existing permit are not being
satisfactorily met: Provided, however, That if the permittee is
required to modify operations pursuant to mining or reclamation
requirements which become applicable after the original date of
permit issuance, the permittee shall be provided an opportunity to
submit a schedule allowing a reasonable period to comply with such
revised requirements; (B) the present surface-mining operation is
not in compliance with the applicable environmental protection
standards of this article; (C) the renewal requested substantially
jeopardizes the operator's continuing responsibility on existing
permit areas; (D) the operator has not provided evidence that the
bond in effect for said operation will continue in effect for any renewal requested as required pursuant to sections eleven or twelve
of this article; or (E) any additional revised or updated
information as required pursuant to rules promulgated by the
director secretary has not been provided.
(2) If an application for renewal of a valid permit includes a proposal to extend the surface-mining operation beyond the boundaries authorized in the existing permit, that portion of the application for renewal which addresses any new land area is subject to the full standards of this article, which includes, but is not limited to: (A) Adequate bond; (B) a map showing the disturbed area and facilities; and (C) a reclamation plan.
(3) Any permit renewal shall be for a term not to exceed the period of time for which the original permit was issued. Application for permit renewal shall be made at least one hundred twenty days prior to the expiration of the valid permit.
(4) Any renewal application for an active permit shall be on forms prescribed by thedirector secretary and shall be accompanied
by a filing fee of two thousand dollars $2,500. The application
shall contain such information as the director secretary requires
pursuant to rule.
(b)(1) During the term of the permit, the permittee may submit to thedirector secretary an application for a revision of the
permit, together with a revised reclamation plan.
(2) An application for a significant revision of a permit is subject to all requirements of this article and rules promulgated pursuant thereto and shall be accompanied by a filing fee of $500.
(3) Any extension to an area already covered by the permit, except incidental boundary revisions, shall be made by application for another permit. If the permittee desires to add the new area to his or her existing permit in order to have existing areas and new areas under one permit, thedirector secretary may so amend the
original permit:
Provided, That the application for the new area
is subject to all procedures and requirements applicable to
applications for original permits under this article and a filing
fee of $500.
(c) Thedirector secretary shall review outstanding permits of
a five-year term before the end of the third year of the permit.
Other permits shall be reviewed within the time established by
rules. The director secretary may require reasonable revision or
modification of the permit following review:
Provided, That such
revision or modification shall be based upon written findings and
shall be preceded by notice to the permittee of an opportunity for
hearing.
(d) No transfer, assignment or sale of the rights granted under any permit issued pursuant to this articleshall may be made
without the prior written approval of the director secretary,
application for which shall be accompanied by a filing fee of
$1,500 for transfer or $1,000 for assignment.
(e) Each request for inactive status shall be submitted on forms prescribed by the secretary, shall be accompanied by a filing fee of $500, and shall be granted in accordance with the procedure established in the Surface Mining and Reclamation Rule.
NOTE: The purpose of this bill is to authorize the Division of Mining and Reclamation to assess certain fees to coal mine operators.
Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.
Bill Title: Authorizing the Division of Mining and Reclamation to assess certain fees to coal mine operators
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2011-06-16 - Effective Date [HB2955 Detail]
Download: West_Virginia-2011-HB2955-Introduced.html
(By Delegates Caputo and Barker)
(By Request of the Department Environment Protection)
[Introduced February 1, 2011; referred to the
Committee on Energy, Industry and Labor, Economic Development and Small Business then Finance.]
A BILL to amend and reenact §22-3-7, §22-3-8 and §22-3-19 of the Code of West Virginia, 1931, as amended, all relating to environmental resources; surface coal mining and reclamation act; and fees assessed to coal mining operators by the Division of Mining and Reclamation.
Be it enacted by the Legislature of West Virginia:
That §22-3-7, §22-3-8 and §22-3-19 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 3. SURFACE COAL MINING AND RECLAMATION ACT.
§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
(b) Notice of intention to prospect shall be made in writing on forms prescribed by the
(c) Any person prospecting under the provisions of this section shall ensure that
(d) Information submitted to the
(e) Any person who conducts any prospecting activities which substantially disturb the natural land surface in violation of this section or rules issued pursuant thereto is subject to the provisions of sections sixteen and seventeen of this article.
(f)
(g) The bond accompanying said notice of intention to prospect shall be released by the
(h)
(i) For the purpose of this section, the word "prospect" or "prospecting" does not include core drilling related solely to taxation or highway construction.
§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
(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 a specified longer term is reasonably needed to allow the applicant to obtain necessary financing for equipment and the opening of the operation, and if the application is full and complete for the specified longer term, the
(2) Proof of insurance is required on an annual basis.
(3) A permit terminates if the permittee has not commenced the surface mining operations covered by the permit within three years of the date the permit was issued: Provided, That the
(4) Each application for a new surface mining permit filed pursuant to this article shall be accompanied by a fee of
(5) Prior to the issuance of any permit, the
(6) (A) Prior to the issuance of any permit the
(B) It is a requirement of this article that each operator maintain continued compliance with the provisions of section five, article two, chapter twenty-three of this code and section six-c, article two, chapter twenty-one-a of this code and provide proof of compliance to the
§22-3-19. Permit revision and renewal requirements; incidental boundary revisions; requirements for transfer; assignment and sale of permit rights;andoperator reassignment; and procedures to obtain inactive status.
(a) (1) 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. The holders of the permit may apply for renewal and the renewal shall be issued: Provided, That on application for renewal, the burden is on the opponents of renewal, unless it is established that and written findings by the
(2) If an application for renewal of a valid permit includes a proposal to extend the surface-mining operation beyond the boundaries authorized in the existing permit, that portion of the application for renewal which addresses any new land area is subject to the full standards of this article, which includes, but is not limited to: (A) Adequate bond; (B) a map showing the disturbed area and facilities; and (C) a reclamation plan.
(3) Any permit renewal shall be for a term not to exceed the period of time for which the original permit was issued. Application for permit renewal shall be made at least one hundred twenty days prior to the expiration of the valid permit.
(4) Any renewal application for an active permit shall be on forms prescribed by the
(b)(1) During the term of the permit, the permittee may submit to the
(2) An application for a significant revision of a permit is subject to all requirements of this article and rules promulgated pursuant thereto and shall be accompanied by a filing fee of $500.
(3) Any extension to an area already covered by the permit, except incidental boundary revisions, shall be made by application for another permit. If the permittee desires to add the new area to his or her existing permit in order to have existing areas and new areas under one permit, the
(c) The
(d) No transfer, assignment or sale of the rights granted under any permit issued pursuant to this article
(e) Each request for inactive status shall be submitted on forms prescribed by the secretary, shall be accompanied by a filing fee of $500, and shall be granted in accordance with the procedure established in the Surface Mining and Reclamation Rule.
NOTE: The purpose of this bill is to authorize the Division of Mining and Reclamation to assess certain fees to coal mine operators.
Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.