ENROLLED
Senate Bill No. 436
(By Senator Kessler)
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[Passed April 3, 2009; in effect ninety days from passage.]
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AN ACT to amend and reenact §22-3-8 of the Code of West Virginia,
1931, as amended, relating to environmental permitting of
surface coal mining; and correcting antiquated language with
respect to the state agencies charged with cooperating with
the Department of Environmental Protection to ensure that
permit applicants comply with certain fiscal and reporting
requirements imposed by the state's unemployment compensation
and workers' compensation laws.
Be it enacted by the Legislature of West Virginia:
That §22-3-8 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 3. SURFACE COAL MINING AND RECLAMATION ACT.
§22-3-8. Prohibition of surface mining without a permit; permit
requirements; successor in interest; duration of
permits; proof of insurance; termination of permits; permit fees.
No person may engage in surface mining operations unless he or
she has first obtained a permit from the director in accordance
with the following:
(1) All permits issued pursuant to the requirements of this
article shall be issued for a term not to exceed five years:
Provided, That if the applicant demonstrates that a specified
longer term is reasonably needed to allow the applicant to obtain
necessary financing for equipment and the opening of the operation,
and if the application is full and complete for the specified
longer term, the director may extend a permit for a longer term:
Provided, however, That subject to the prior approval of the
director, with the approval being subject to the provisions of
subsection (c), section eighteen of this article, a successor in
interest to a permittee who applies for a new permit, or transfer
of a permit, within thirty days of succeeding to the interest and
who is able to obtain the bond coverage of the original permittee,
may continue surface mining and reclamation operations according to
the approved mining and reclamation plan of the original permittee
until the successor's permit application or application for
transfer is granted or denied.
(2) Proof of insurance is required on an annual basis.
(3) A permit terminates if the permittee has not commenced the
surface mining operations covered by the permit within three years
of the date the permit was issued:
Provided, That the director may grant reasonable extensions of time upon a timely showing that the
extensions are necessary by reason of litigation precluding
commencement, or threatening substantial economic loss to the
permittee, or by reason of conditions beyond the control and
without the fault or negligence of the permittee:
Provided,
however, That with respect to coal to be mined for use in a
synthetic fuel facility or specific major electric-generating
facility, the permittee shall be considered to have commenced
surface mining operations at the time the construction of the
synthetic fuel or generating facility is initiated.
(4) Each application for a new surface mining permit filed
pursuant to this article shall be accompanied by a fee of $1,000.
All permit fees and renewal fees provided for in this section or
elsewhere in this article shall be collected by the director and
deposited with the Treasurer of the State of West Virginia to the
credit of the operating permit fees fund and shall be used, upon
requisition of the director, for the administration of this
article.
(5) Prior to the issuance of any permit, the director shall
ascertain from the Commissioner of the Division of Labor whether
the applicant is in compliance with section fourteen, article five,
chapter twenty-one of this code. Upon issuance of the permit, the
director shall forward a copy to the Commissioner of the Division
of Labor, who shall assure continued compliance under the permit.
(6) (A) Prior to the issuance of any permit the director shall ascertain from the Executive Director of Workforce West
Virginia and the Insurance Commissioner whether the applicant is in
compliance with the provisions of section six-c, article two,
chapter twenty-one-a of this code and section five, article two,
chapter twenty-three of this code with regard to any required
subscription to the Unemployment Compensation Fund or to the
Workers' Compensation Fund, the payment of premiums and other
charges to the fund, the timely filing of payroll reports and the
maintenance of adequate deposits. If the applicant is delinquent
or defaulted, or has been terminated by the executive director or
the Insurance Commissioner, the permit may not be issued until the
applicant returns to compliance or is restored by the executive
director or the Insurance Commissioner under a reinstatement
agreement:
Provided, That in all inquiries the Executive Director
of Workforce West Virginia and the Insurance Commissioner shall
make response to the Department of Environmental Protection within
fifteen calendar days; otherwise, failure to respond timely is
considered to indicate the applicant is in compliance and the
failure will not be used to preclude issuance of the permit.
(B) It is a requirement of this article that each operator
maintain continued compliance with the provisions of section five,
article two, chapter twenty-three of this code and section six-c,
article two, chapter twenty-one-a of this code and provide proof of
compliance to the director on a quarterly basis.