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38 CSR 4: Coal Related Dam Safety Rules
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.
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38 CSR 2F: Groundwater Protection Rules Coal Mining Operations
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.
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38 CSR 3: Rules for Quarrying and Reclamation
- Authority: W. Va. Code §22-1-3 and §22-4-1 et seq.
- Effective Date: August 1, 2001
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.
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38 CSR 2: WV Coal Surface Mining Rule
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.
Note: This rule denotes all changes approved by the WV Legislature and are still pending action from OSM
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38 CSR 2: WV Coal Surface Mining Rule - OSM APPROVED ONLY
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.
Note: **OSM APPROVED ONLY** This rule contains the OSM Approved Rules ONLY
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47 CSR 30B: Administrative Proceedings and Civil Penalty Assessment
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).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).
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47 CSR 30 NPDES Rule for Coal Mining Facilities
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.
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47 CSR 2: Requirements Governing Water Quality Standards
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)
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47 CSR 5A: State Certification of Activities Requiring a Federal Permit
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.
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47 CSR 13: Underground Injection Control
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.
199 CSR
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199 CSR 1: Surface Mining Blasting Rule - OSM APPROVED
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.