H. B. 3091
(By Delegates Hrutkay, Dempsey, Butcher,
Kuhn, Ferrell, Kominar and H. White)
[Introduced March 29, 2001; referred to the
Committee on the Judiciary then Finance.]
A BILL to amend and reenact section ten, article three, chapter
twenty-two of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to surface-mining
reclamation plans; including recommendations by local economic
redevelopment authorities in reclamation plans; and
promulgation of emergency rules.
Be it enacted by the Legislature of West Virginia:
That section ten, article three, chapter twenty-two of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 3. SURFACE COAL MINING AND RECLAMATION ACT.
§22-3-10. Reclamation plan requirements.
(a) Each reclamation plan submitted as part of a
surface-mining permit application shall include, in the degree of
detail necessary to demonstrate that reclamation required by this article can be accomplished, a statement of:
(1) The identification of the lands subject to surface mining
over the estimated life of these operations and the size, sequence
and timing of the operations for which it is anticipated that
individual permits for mining will be sought;
(2) The condition of the land to be covered by the permit
prior to any mining, including: (A) The uses existing at the time
of the application and, if such the land has a history of previous
mining, the uses which preceded any mining; (B) the capability of
the land prior to any mining to support a variety of uses, giving
consideration to soil and foundation characteristics, topography
and vegetation cover and, if applicable, a soil survey prepared
pursuant to subdivision (15), subsection (a), section nine of this
article; and (C) the best information available on the productivity
of the land prior to mining, including appropriate classification
as prime farmlands, and the average yield of food, fiber, forage or
wood products from such the lands obtained under high levels of
management;
(3) The use which is proposed to be made of the land following
reclamation, including a discussion of the utility and capacity of
the reclaimed land to support a variety of alternative uses and the
relationship of such the use to existing land use policies and
plans, and the comments of any owner of the surface, other state
agencies and local governments, which would have to initiate, implement, approve or authorize the proposed use of the land
following reclamation;
(4) A detailed description of how the proposed postmining land
use is to be achieved and the necessary support activities which
may be needed to achieve the proposed land use;
(5) The engineering techniques proposed to be used in mining
and reclamation and a description of the major equipment; a plan
for the control of surface water drainage and of water
accumulation; a plan where appropriate, for backfilling, soil
stabilization and compacting, grading, revegetation and a plan for
soil reconstruction, replacement and stabilization pursuant to the
performance standards in subdivision (7), subsection (b), section
thirteen of this article for those food, forage and forest lands
identified therein; and a statement as to how the operator plans to
comply with each of the applicable requirements set out in section
thirteen or fourteen of this article;
(6) A detailed estimated timetable for the accomplishment of
each major step in the reclamation plan;
(7) The consideration which has been given to conducting
surface-mining operations in a manner consistent with surface owner
plans and applicable state and local land use plans and programs;
(8) The steps to be taken to comply with applicable air and
water quality laws and rules and any applicable health and safety
standards;
(9) The consideration which has been given to developing the
reclamation plan in a manner consistent with local physical
environmental and climatological conditions;
(10) All lands, interests in lands or options on such the
interests held by the applicant or pending bids on interests in
lands by the applicant, which lands are contiguous to the area to
be covered by the permit;
(11) A detailed description of the measures to be taken during
the surface-mining and reclamation process to assure the protection
of: (A) The quality of surface and groundwater systems, both on
and off-site, from adverse effects of the surface-mining operation;
(B) the rights of present users to such the water; and (C) the
quantity of surface and groundwater systems, both on and off-site,
from adverse effects of the surface-mining operation or to provide
alternative sources of water where such the protection of quantity
cannot be assured;
(12) The results of tests test borings which the applicant has
made at the area to be covered by the permit, or other equivalent
information and data in a form satisfactory to the director,
including the location of subsurface water, and an analysis of the
chemical properties, including acid forming properties of the
mineral and overburden: Provided, That information which pertains
only to the analysis of the chemical and physical properties of the
coal, except information regarding such the mineral or elemental contents which are potentially toxic in the environment, shall be
kept confidential and not made a matter of public record;
(13) The consideration which has been given to maximize the
utilization and conservation of the solid fuel resource being
recovered so that reaffecting the land in the future can be
minimized; and
(14) Such Any other requirements as the director may prescribe
by rule.
(b) Any surface-mining permit application filed after the
effective date of this subsection shall, in addition to the
requirements of subsection (a) hereof, be reviewed by and include
the recommendations of any potentially affected local economic
development or redevelopment authority as to the postmining land
use which would be in the best interest of the local community.
The recommendations may include a reclamation plan, to the extent
permitted under existing federal regulations, that the land not be
restored to its original proximate contour, but rather, used for
further economic development by preserving mine access roads,
infrastructure, buildings and other physical components and by
requiring the initial installation of water, sewerage or other
utilities at mine sites in a manner so as to assure postmining
usage. Notwithstanding any provision of this article to the
contrary, any reclamation plan approved but not implemented or
pending approval as of the effective date of this section may be amended to provide for a revised reclamation plan consistent with
the provisions of this subsection.
(c) The director shall promulgate emergency rules pursuant to
the provisions of article three, chapter twenty-nine-a of this code
to effectuate the provisions of subsection (b) of this section.
(b) (d) The reclamation plan shall be available to the public
for review except for those portions thereof specifically exempted
in subsection (a) of this section.
NOTE: The purpose of this bill is to provide for the review
and recommendations by local economic or redevelopment authorities
of surface mining reclamation plans.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.