Senate Bill No. 417
(By Senators Kessler, Bowman, Hunter and Edgell)
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[Introduced February 3, 1999;
referred to the Committee on Energy, Industry and Mining.]
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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
thirteen-a, relating to pre-blast surveys; requirements for
a pre-blast survey; and promulgation of rules.
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
thirteen-a, to read as follows:
ARTICLE 3. SURFACE COAL MINING AND RECLAMATION ACT.
§22-3-13a. Preblast survey requirements.
(a) At least thirty days prior to commencing surface-mining
activities, the surface-mining operator shall notify in writing
all owners and residents of dwellings within a radius of seven tenths of a mile of a surface-mining operation that the operator
or the operator's designee will perform preblast surveys in
accordance with subsection (c) of this section. An owner or
resident may waive the right to a preblast survey in writing and
shall send copies of the written waiver to the director and the
surface-mining operator.
(b) The surface-mining operator shall keep a list of all
owners and residents within a radius of seven tenths of a mile of
a surface-mining operation and shall annually review and update
the list with new structures, owners and residents. Within ten
days of the update, the surface-mining operator shall notify the
new owners and residents of their right to a preblast survey.
(c) The preblast survey shall include:
(1) The names, addresses or description of structure
location and telephone numbers of the owner and the residents of
the structure being surveyed and the structure number from the
permit blasting map;
(2) The current home insurer of the owner and the residents of the structure;
(3) The names, addresses and telephone numbers of the
surface-mining operator and the permit(s) number(s);
(4) The current insurer of the surface-mining operator;
(5) The name, address and telephone number of the person or
firm performing the preblast survey;
(6) The current insurer of the person or firm performing the
preblast survey;
(7) The date of the preblast survey and the date it was sent
to the division of environmental protection;
(8) General description of the structure and appurtenances
including, but not limited to: (A) The number of stories; (B)
the construction materials for the frame and the exterior and
interior finish; (C) the type of construction including any
unusual or substandard construction; and (D) the approximate age
of the structure;
(9) General description of the survey methods and the
direction of progression of the survey, including a key to
abbreviations used;
(10) Document in writing and by drawings the preblast damage
and other physical conditions of all structures, appurtenances and water sources which could be affected by blasting;
(11) Document in writing and by drawings the exterior and
interior of the structure to indicate preblast damage and
condition;
(12) Document in writing and by drawings the exterior and
interior of any appurtenance of the structure to indicate
preblast damage and condition;
(13) Sufficient exterior and interior photographs, using a
variety of angles, of the structure and appurtenances to indicate
preblast damage and the condition of the structure and
appurtenances;
(14) Document in writing and by drawings any unusual or
substandard construction technique and materials used on the
structure or appurtenances;
(15) Identify and detail the type of water supply, describe
the type of system and treatment being used, perform a water
analysis on water supplies other than public utilities and record
any other pertinent data;
(16) When the water supply is a well the following
documentation is needed: the type of well, the well log, the
depth, age, type of casing or lining, the static water level, flow data, pump capacity, drilling contractor, the source for the
given data and any other pertinent data;
(17) Describe any portion of the structure and appurtenances
not documented or photographed and the reasons;
(18) Signature of the person performing the survey; and
(19) Any other information required by the division of
environmental protection.
(d) The preblast survey must be received, reviewed and
approved by the division of environmental protection prior to the
commencement of any surface-mining activities.
(e) The director of the division of environmental protection
shall propose rules for legislative approval dealing with
preblast survey requirements and setting the qualifications for
individuals and firms performing preblast surveys.
NOTE: The purpose of this bill is to state the preblast
survey requirements.
This bill has been recommended for passage by the Joint
Standing Committee on Government Organization.
Section thirteen-a is new; therefore, strike-throughs and
underscoring have been omitted.