Senate Bill No. 395
(By Senators Bailey, Wagner,
Wooton, Schoonover, Holliday, Sharpe and Humphreys)
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[Introduced February 21, 1994; referred to the Committee
on Energy, Industry and Mining; and then to the Committee
on Finance.]
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A BILL to amend and reenact section sixty-three, article two,
chapter twenty-two-a of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, relating to
the establishment of a procedure for obtaining a certificate
of approval from the director of the office of miners'
health, safety and training to open or reopen a mine or to
contract production and other services at such mine; and
establishing a reasonable fee therefor.
Be it enacted by the Legislature of West Virginia:
That section sixty-three, article two, chapter twenty-two-a
of the code of West Virginia, one thousand nine hundred thirty-
one, as amended, be amended and reenacted to read as follows:
ARTICLE 2. UNDERGROUND MINES.
§22A-2-63. No mine to be opened or reopened without prior
approval of the director of the office of miners' health,
safety and training; certificate of approval; approval fees;
extension of certificate of approval; certificates ofapproval not transferable; section to be printed on
certificates of approval.
(a) After the first day of July, one thousand nine hundred
seventy-one, no mine shall be opened or reopened unless prior
approval has been obtained from the director of the division
office of miners' health, safety and training, which approval
shall not be unreasonably withheld. The operator shall pay for
such approval a fee of ten one hundred dollars, which payment
shall be tendered by United States postal money order or
cashier's check with the application for such approval.
Provided, That mines producing coal solely for the operator's use
shall be issued a permit without charge if coal production will
be less than fifty tons a year.
Within thirty days after the first day of January of each
year, the holder of such permit to open a mine shall apply for
the extension of such permit for an additional year. Such
permit, evidenced by a document issued by the director, shall be
granted as a matter of right and without charge if, at the time
such application is made, the permit holder is in compliance with
the provisions of section seventy-seven of this article and has
paid or otherwise appealed all coal mine assessments issued to
the mine if operated by the permit holder and imposed under
article one-a, chapter twenty-two-a of this code. Applications
for extension of such permits not submitted within the time
required shall be processed as an application to open or reopen
a mine and shall be accompanied by a fee of ten dollars.
(b) Permits and certificates of approval issued pursuant to
this section shall not be transferable.
(c) If the operator of a mine is not the permit holder as
defined in subsection (a) above, then such operator must apply
for and obtain a certificate of approval to operate the mine on
which the permit is held prior to commencing operations. An
operator who is not the permit holder operating such mine on the
effective date of this section must apply for a certificate of
approval on or before the first day of July, one thousand nine
hundred ninety-three. The operator shall pay a fee of ten
dollars in the same amount and manner of payment as provided
above for opening and reopening a mine, which payment shall be
tendered with the application for approval. Such approval,
evidenced by a certificate issued by the director, shall be
granted if, at the time such application is made, the applicant
is in compliance with the provisions of section seventy-seven of
this article and has paid or otherwise appealed all coal mine
assessments imposed on such applicant for the certificate of
approval under article one-a, chapter twenty-two-a of this code.
(d) In addition to the authority to file a petition for
enforcement under subdivision (4), subsection (a), section
nineteen, article one-a, chapter twenty-two-a of this code, if
an operator holding a certificate of approval issued pursuant to
subsection (c) of this section, against whom a civil penalty is
assessed in accordance with section nineteen, article one-a,
chapter twenty-two-a of this code, and implementing regulations,and which has become final, fails to pay the penalty within the
time prescribed in such order, the director or the authorized
representative of the director, by certified mail, return receipt
requested, shall send a notice to such operator advising the
operator of the unpaid penalty. If the penalty is not paid in
full within sixty days from the issuance of the notice of
delinquency by the director, then the director may revoke such
operator's certificate of approval:
Provided,
That such operator
to whom the delinquency notice is issued shall have thirty days
from receipt thereof to request, by certified mail, return
receipt requested, a public hearing held in accordance with the
procedures of section fifteen, article one-a, chapter twenty-two-
a of this code, and implementing regulations, including
application for temporary relief. Once such operator's
certificate of approval is revoked pursuant to this subsection,
such operator shall be prohibited from obtaining any certificate
of approval under the provisions of this section to operate any
other mine until such time as that operator pays the delinquent
penalties that have become final.
(e) Every firm, corporation, partnership or individual that
contracts to perform services or construction at a coal mine must
apply for and obtain a certificate of approval prior to
commencing operations:
Provided,
That mine vendors, office
equipment suppliers, and maintenance and delivery personnel are
excluded from this requirement. The firm, corporation,
partnership or individual shall pay a fee in the same amount andmanner of payment as provided above for opening and reopening a
mine, which payment shall be tendered with the application for
approval. Such approval, evidenced by a certificate issued by
the director, shall be granted if, at the time such application
is made, the applicant has paid or otherwise appealed all coal
mine assessments imposed on such applicant under article one-a,
chapter twenty-two-a of this code.
(f) Within thirty days after the first day of January of
each year, the holder of any permit or certificate of approval
issued under this section shall apply for the extension of such
permit or approval for an additional year. Applications for
extension must be accompanied by a fee in the same amount and
manner of payment as provided above for opening or reopening a
mine or obtaining a certificate of approval. An extension shall
be granted if, at the time such application is made, the
applicant is in compliance with the provisions of section
seventy-seven of this article and has paid or otherwise appealed
all coal mine assessments imposed on such applicant under article
one-a, chapter twenty-two-a of this code.
(e) (g) The provisions of this section shall be printed on
the reverse side of every permit issued under subsection (a) and
certificate of approval issued under subsection (d) subsections
(c) and (e) herein.
(f) (h) The district mine inspector shall be contacted for
a preinspection of the area proposed for underground mining prior
to issuance of any new opening permit approval.
NOTE: The purpose of this bill is to protect miners' health
and safety through the establishment of a procedure for obtaining
a certificate of approval to open a mine, or to contract
production and other services at such mine; and to establish a
reasonable fee therefor.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.