H. B. 2640
(By Delegates Douglas and Davis)
[Introduced February 4, 1999; referred to the
Committee on the Judiciary.]
A BILL to amend article three, chapter twenty-two of the code of
West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new section, designated section
thirty-a, relating to blasting requirements; requiring
compliance with blasting laws; liability and civil
penalties.
Be it enacted by the Legislature of West Virginia:
That article three, chapter twenty-two of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section
thirty-a, to read as follows:
ARTICLE 3. SURFACE COAL MINING AND RECLAMATION ACT.
§22-3-30a. Blasting requirements; liability; civil penalties.
(a) Blasting of overburden and coal shall be done in
accordance with the provisions of the rules pursuant to blasting.
The division of environmental protection shall propose, for
legislative approval, emergency rules amending existing rules to
require preblast surveys to be seven tenths of a mile.
(b) Where inspection by the division of environmental
protection establishes that the blasting was not in compliance
with subsection (a) of this section and damage resulted as
determined from examination of the preblast survey, the following
penalties shall be imposed:
(1) For the first offense in any one permit year, the
surface-mining operator shall be assessed a penalty of not less
than five thousand dollars nor more than ten thousand dollars.
(2) For the second offense in any one permit year, the
surface-mining operator shall be assessed a penalty of not less
than ten thousand dollars nor more than twenty-five thousand
dollars and shall be liable for all resulting damage as
determined from the preblast survey within seven tenths of a mile
of the surface-mining operation, but such liability can be challenged in court;
(3) For the third offense and any subsequent offense in any
one permit year or for the failure to pay any assessment
hereinabove set forth within a reasonable time established by the
director, the surface-mining operator's permit shall be revoked
and the surface-mining operator shall be liable for all resulting
damage as determined from the preblast survey within seven tenths
of a mile of the surface-mining operation.
(c) Where inspection by the division of environmental
protection establishes that the blasting was not in compliance
with subsection (a) of this section and no damage resulted the
monetary penalties and revocation, as set out in subsection (b),
apply.
(d) Where inspection by the division of environmental
protection establishes that the blasting was done within five
hundred feet of any occupied dwelling, public building, school,
church, community or institutional building, public park or
cemetery the monetary penalties and revocation, as set out in
subsection (b), apply.
(e) All penalties and liabilities as set forth in this section shall be assessed by the director, collected by the
director and deposited with the treasurer of the state of West
Virginia, to the credit of the operating permit fees fund.
(f) The director shall propose rules for legislative
approval pursuant to article three, chapter twenty-nine-a of this
code which shall provide for a warning of impending blasting to
the owners, residents or other persons who may be present on
property within seven tenths of a mile to the blasting area, and
establish criteria for the inspectors and director to follow when
assessing penalties and liability.
NOTE: The purpose of this bill is to establish blasting
requirements and penalties and liability for noncompliance.
Section thirty-a is new; therefore, strike-throughs and
underscoring have been omitted.
This bill has been recommended for passage by the Joint
Standing Committee on Government Organization.