Introduced Version
House Bill 2862 History
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Key: Green = existing Code. Red = new code to be enacted
H. B. 2862
(By Delegates D. Poling, Campbell, Skaff,
Diserio and R. Phillips)
(By Request of the Department of Environmental Protection)
[Introduced March 7, 2013; referred to the
Committee on Energy, Industry and Labor, Economic
Development then the Judiciary.]
A BILL to amend and reenact §22-3-20 and §22-3-21 of the Code of
West Virginia, 1931, as amended, all relating to informal
conferences on surface mining permit applications; extending
time to hold informal conferences; and extending time from an
informal conference in which the secretary must issue or deny
a surface-mining permit.
Be it enacted by the Legislature of West Virginia:
That §22-3-20 and §22-3-21 of the Code of West Virginia, 1931,
as amended, be amended and reenacted, all to read as follows:
ARTICLE 3. SURFACE COAL MINING AND RECLAMATION ACT.
§22-3-20. Public notice; written objections; public hearings;
informal conferences.
(a) At the time of submission of an application for a surface-
mining permit or a significant revision of an existing permit
pursuant to the provisions of this article, the applicant shall submit to the division department a copy of the required
advertisement. At the time of submission, the applicant shall
place the advertisement in a local newspaper of general circulation
in the county of the proposed surface-mining operation at least
once a week for four consecutive weeks. The director secretary
shall notify various appropriate federal and state agencies as well
as local governmental bodies, planning agencies and sewage and
water treatment authorities or water companies in the locality in
which the proposed surface-mining operation will take place,
notifying them of the operator's intention to mine on a
particularly described tract of land and indicating the application
number and where a copy of the proposed mining and reclamation plan
may be inspected. These local bodies, agencies, authorities or
companies may submit written comments within a reasonable period
established by the director secretary on the mining application
with respect to the effect of the proposed operation on the
environment which is within their area of responsibility. Such
comments shall be immediately transmitted by the director secretary
to the applicant and to the appropriate office of the division
department. The director secretary shall provide the name and
address of each applicant to the Commissioner of the Division of
Labor who shall within fifteen days from receipt notify the
director secretary as to the applicant's compliance, if necessary,
with section fourteen, article five, chapter twenty-one of this code.
(b) Any person having an interest which is or may be adversely
affected, or the officer or head of any federal, state or local
governmental agency, has the right to file written objections to
the proposed initial or revised permit application for a surface-
mining operation with the director secretary within thirty days
after the last publication of the advertisement required in
subsection (a) of this section. Such objections shall be
immediately transmitted to the applicant by the director secretary
and shall be made available to the public. If written objections
are filed and an informal conference requested within thirty days
of the last publication of the above notice, the director secretary
shall then hold a conference in the locality of the proposed mining
within three weeks
a reasonable time
after the close of the public
comment period. Those requesting the conference shall be notified
and the date, time and location of the informal conference shall
also be advertised by the director secretary in a newspaper of
general circulation in the locality at least two weeks prior to the
scheduled conference date. The director secretary may arrange with
the applicant, upon request by any party to the conference
proceeding, access to the proposed mining area for the purpose of
gathering information relevant to the proceeding. An electronic or
stenographic record shall be made of the conference proceeding
unless waived by all parties. Such The record shall be maintained and shall be accessible to the parties at their respective expense
until final release of the applicant's bond or other security
posted in lieu thereof. The director's secretary's authorized
agent will shall preside over the conference. In the event all
parties requesting the informal conference stipulate agreement
prior to the conference and withdraw their request, a conference
need not be held.
§22-3-21. Decision of secretary on permit application; hearing
thereon.
(a) If an informal conference has been held, the director
secretary shall issue and furnish the applicant for a permit and
persons who were parties to the informal conference with the
written finding granting or denying the permit, in whole or in
part, and stating the reasons therefor within thirty sixty days of
the informal conference, notwithstanding the requirements of
subsection (a), section eighteen of this article.
(b) If the application is approved, the permit shall be
issued. If the application is disapproved, specific reasons
therefor must be set forth in the notification. Within thirty days
after the applicant is notified of the director's secretary's
decision, the applicant or any person with an interest which is or
may be adversely affected may request a hearing before the Surface
Mine Board as provided in article one, chapter twenty-two-b of this
code to review the director's secretary's decision.
NOTE: The purpose of this bill is to extend from three weeks
to a reasonable time after the close of the public comment period
the time in which the Department of Environmental Protection must
hold an informal conference on a surface-mining permit application
and extends from 30 days to 60 days from the informal conference
the time in which the secretary must issue or deny a surface-mining
permit.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.