H. B. 4288
(By Delegates Martin, Varner, Kuhn,
Warner, Collins and Walters)
[Introduced February 6, 1998; referred to the
Committee on Finance.]
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
underground mines; miners health, safety and training; fees
for certificate of approval and permits; providing that the
fees collected for certificates of approval and permits be
placed in the miners health, safety and training fund; and
providing for expenditure of moneys placed in the fund.
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 of approval not transferable;
section to be printed on certificates of approval;
creation of miners' health, safety
and training fund; deposits into fund; and
expenditures from the fund.
(a) After the first day of July, one thousand nine hundred
seventy-one, no mine shall may be opened or reopened unless prior
approval has been obtained from the director of the office of
miners' health, safety and training, which approval shall may not
be unreasonably withheld. The operator shall pay for such the
approval a fee of one hundred dollars, which payment shall be
tendered 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 a permit to open a mine shall apply for
the extension of such permit for an additional year. Such The
permit, evidenced by a document issued by the director, shall be
granted as a matter of right for a fee of one hundred dollars 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 of this chapter. 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 one hundred dollars.
(b) Permits issued pursuant to this section shall not be are
not transferable.
(c) If the operator of a mine is not the permit holder as
defined in subsection (a) above of this section, then such the
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 the mine on the tenth day of April, one thousand nine
hundred ninety-three, 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 one hundred
dollars, which payment shall be tendered with the application for
approval. Such The 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 the applicant for the certificate of approval under article one
of this chapter.
(d) In addition to the director's authority to file a
petition for enforcement under subdivision (4), subsection (a),
section twenty-one, article one of this chapter, if an operator
holding a certificate of approval issued pursuant to subsection
(c) of this section, against whom a civil penalty is has been
assessed a civil penalty in accordance with section twenty-one,
article one of this chapter, and implementing regulations rules,
and which the penalty has become final, fails to pay the penalty
within the time prescribed in such the order, the director or the
authorized representative of the director, by certified mail,
return receipt requested, shall send a notice to such the
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 the operator's certificate of approval:
Provided,
That such the 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 seventeen,
article one of this chapter, and implementing rules, including
application for temporary relief. Once such the operator's
certificate of approval is revoked pursuant to this subsection, such the operator shall be is 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
shall be is deemed to be an operator and beginning the first day
of January, one thousand nine hundred ninety-five, must apply for
and obtain a certificate of approval prior to commencing
operations: Provided,
That such these persons shall only be
required to obtain one certificate annually: Provided, however,
That persons such as, but not limited to, consultants, mine
vendors, office equipment suppliers and maintenance and delivery
personnel are excluded from this requirement to obtain a
certificate of approval. Any such operator Operators who are
required to obtain a certificate of approval pursuant to the
provisions of this subsection shall pay a fee of one hundred
dollars which shall be tendered with the application for
approval. Such approval Approval evidenced by a certificate
issued by the director, shall be granted if, at the time such the
application is made, the applicant has paid or otherwise appealed
all coal mine assessments imposed on such the applicant under
article one of this chapter.
Within thirty days after the first day of January of each year, the holder of such certificate of approval shall apply for
the extension of such that approval for an additional year.
Applications for extension must be accompanied by a fee of one
hundred dollars. An extension 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 the applicant
under article one of this chapter. All delinquent assessments
which have been imposed upon a certificate of approval holder or
applicants under this section shall may not be imposed upon any
permit holder or certificate of approval holder or any applicant
pursuant to subsection (a) or (c) of section sixty-three.
(f) 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) herein.
(g) The district mine inspector shall be contacted for
conduct a pre-inspection of the area proposed for underground
mining prior to issuance of any new opening permit approval.
(h) After the first day of July, one thousand nine hundred
ninety-eight, all moneys collected by the office of miners'
health, safety and training for the approval fees set forth in
subsections (a), (b) and (e) of this section shall be deposited
with the treasurer of the state of West Virginia to the credit of
the general administration--operating permit fees fund. The
operating permit fees fund shall be used by the director who is authorized to expend the moneys in the fund for the
administration of this chapter.
NOTE: The purpose of this bill is to provide that fees
collected for permits and certificates of approval to open or
reopen underground mines are deposited into a special fund in the
office of the state treasurer entitled "Operating Permit Fees
Fund. Moneys collected for these fees shall be placed into the
fund and expenditures from the fund shall be for the purposes of
enforcing the provisions of Chapter 22A dealing with underground
mines and may be made by the director of the Office of Miners'
Health, Safety and Training.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.