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west virginia department of environmental protection
west virginia department of environmental protection
west virginia department of environmental protection

Mining Related Codes and Regulations

  • WV Code § 22-14:  Dam Control and Safety Act
    • Summary: The Legislature finds that dams may constitute a potential hazard to people and property; therefore, dams in this state must be properly regulated and controlled to protect the health, safety and welfare of people and property in this state. It is the intent of the Legislature by this article to provide for the regulation and supervision of dams in this state to the extent necessary to protect the public health, safety and welfare.
    • Effective Date: June 1, 2003
  • WV Code §22-4: Quarry Reclamation Act
    • Summary: The quarrying of minerals and reclamation of quarry lands as provided by this article will allow the use of valuable minerals and will provide for the protection ofthe state's environment and for the subsequent beneficial use of the quarry and reclaimed land.
  • 47 CSR 2:  Requirements Governing Water Quality Standards
    • Summary:  These rules establish requirements governing the discharge or deposit of sewage, industrial wastes and other wastes into the waters of the state and establish water quality standards for the waters of the State standing or flowing over the surface of the State. It is declared to be the public policy of the State of West Virginia to maintain reasonable standards of purity and quality of the water of the State consistent with (I) public health and public enjoyment thereof; (2) the propagation and protection of animal, bird, fish, and other aquatic and plant life; and (3) the expansion of employment opportunities, maintenance and expansion of agriculture and the provision of a permanent foundation for healthy industrial development. (See W.Va. Code §22-11-2.)
    • Authority: WV Codes §22-11-4 (a)(16) and §22-11-7b (a)(16),
  • 38 CSR 3: Rules for Quarrying and Reclamation
    • Summary: This Legislative rule establishes general and specific rules for quarrying and reclamation operations including requirements for definitions, permit application requirements and contents; bond and bond pooling fund; haulageways and transportation facilities; blasting; drainage system; method of operation; excess spoil disposal; revegetation and standards for evaluating vegetative cover; mapping, approved person, and markers; transfer or sale of permit rights; public hearings, annual Bonding Progress Report Map and permit renewals, permit modification; inspection and enforcement; final release of bond or bond pooling fund, final inspection report; state and federal compliance.
    • Authority: W. Va. Code 22-1-3 and §22-4-1 et seq.
    • Effective Date: August 1, 2001
  • 47 CSR 5A: State Certification of Activities Requiring a Federal Permit
    • Summary: The purpose of this legislative rule is  to cany out the responsibilities placed upon the State by Section 401 of the Federal Clean Water Act, 33 U.S.C. §1341 and WV. Va. Code §§22-1-6(d)(7) and 22-11-7(a). Section 401 of the Clean Water Act requires that any applicant for a federal license or penni! to conduct an activity that will or may discharge into waters of the United States (as defined in the Clean Water Act) to present the federal authority with a certification from the appropriate state agency. This rule establishes the procedures and criteria for the application, processing and review of state water quality certifications that require a federal permit including those from the United States Army Corps of Engineers under Section 404 of the Clean Water Act, 33 U.S.C. §1344; Section 10 of the Rivers and Harbors Act of 1899, 33 U.S.C. §403; and licenses issued by the Federal Energy Regulatory Commission under the Federal Power Act, 16 U.S. C. §1791 et. seq.
    • Authority: W.Va. Code §§22-1-6(d)(7) and 22-11-7(a)
    • Effective Date: May 14, 2014
  • 199 CSR 1: Surface Mining Blasting Rule - OSM APPROVED
    • Summary: This rule establishes general and specific rules for overseeing and regulating blasting on all surface mining operations; implementing and overseeing the pre-blast survey process; inspection and monitoring of  blasting  operations;  seismograph  use;  warning  methods;  site  specific  limitations  for  type,  size,  timing  and frequency  ofblasts;  public  notice  requirements;  maintaining  and  operating  a  system  to  receive  and  address questions, concerns and complaints relating to mining operations; setting the qualifications for individuals and firms performing  pre-blast  surveys;  establishingthe  education,  training,  examination  and  certification  of  blasters; disciplinary procedures for blasters; and administering a claims process, including arbitration, for property damage caused by blasting.
    • Authority: W. Va. Code §§ 22-1-3, 22-3A-4, 22-1-5
    • Effective Date: July 1, 2008
  • 47 CSR 13: Underground Injection Control
    • Summary: These rules set forth criteria and standards for the requirements which apply to the State Underground Injection Control Program (U.I.C.).  The UIC permit program regulates underground injections by five (5) classes of wells.  The five (5) classes of wells are set forth in section 4 of this rule. All owners or operators of these injection wells must be authorized either by permit or rule by the Director.
    • Authority: W. Va. Code § 22-11-8(B)(7)
    • Effective Date: June 1, 2002
  • 38 CSR 2: WV Coal Surface Mining Rule
    • Summary: This rule establishes general and specific rules for permit application requirements and contents;haulageways or access roads;drainage and sediment control systems; blasting; premining and postmining land use; fish and wildlife considerations; revegetation; prime farm lands; insurance and bonding; replacement, release, and forfeiture of bonds; requirements of a notice of intent to prospect; performance standards; performance standards applicable to underground mining operations; subsidence control; small operator assistance program; citizen's actions; designation of areas unsuitable for mining; inspection and enforcement; Surface MineBoard; and Coal Refuse.
    • Authority: W. Va. Code  §§ 22-3-4, 22-3-12, 22-3-13(g), 22-3-23(i), 22-3-35
    • Effective Date: July 1, 2018
    • Updated: 07-02-2018
    • Note: This rule denotes all changes approved by the WV Legislature and are still pending action ​from OSM
  • 38 CSR 2: WV Coal Surface Mining Rule - OSM APPROVED ONLY
    • Note: **OSM APPROVED ONLY**   This rule contains the OSM Approved Rules ONLY
    • Summary: This rule establishes general and specific rules for permit application requirements and contents;haulageways or access roads;drainage and sediment control systems; blasting; premining and postmining lan3d use; fish and wildlife considerations; revegetation; prime farm lands; insurance and bonding; replacement, release, and forfeiture of bonds; requirements of a notice of intent to prospect; performance standards; performance standards applicable to underground mining operations; subsidence control; small operator assistance program; citizen's actions; designation of areas unsuitable for mining; inspection and enforcement; Surface MineBoard; and Coal Refuse.
    • Authority: W. Va. Code §§ 22-1-3 (a), 22-3-4

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