Mining Related Codes and Regulations

47 CSR 30B : Administrative Proceedings and Civil Penalty Assessment

Summary: This rule establishes a procedure for the resolution of enforcement actions and the assessment of civil penalties in lieu of the institution of a civil action as provided in W. Va. Code § 22-11-22a(a).
Authority: W.Va. Code §22-11-22a (b) and (d).
Effective Date: July 1, 2016

38 CSR 4: Coal Related Dam Safety Rules

Summary: These rules establish general and specific rules for design, placement, construction, enlargement, repair, removal, or abandonment of dams in this State that are also regulated under West Virginia Surface Mining Reclamation Control Act 22-3 and West Virginia Surface Mining Reclamation Rules 38 CSR-2 by the Department of Environmental Protection, Division of Mining and Reclamation.
Authority: W.Va. Code § 22-14
Effective Date: June 1, 2003
Revised: June 23, 2011

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

38 CSR 2F: Groundwater Protection Rules Coal Mining Operations

Summary: These rules establish a series of practices for the protection of groundwater which are to be followed by any person who conducts coal mining operations subject to the provisions of W. Va. Code §22-12-1 et seq. and subject to regulation under W. Va. Code §22-3, and/or under W.Va. Code §22-11, as it relates to coal mining operations.
Authority: W. Va. Code §22-12-5

47 CSR 30 NPDES Rule for Coal Mining Facilities

Summary: This rule establishes requirements implementing the powers, duties, and responsibilities of W. V a. Code § 22-11-1 with respect to all coal mines and preparation plants and all refuse and waste therefrom in the State.
Authority: W.Va. Code §22-11-4 (a)(16)

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