H. B. 2257
(By Delegates Kiss and Wallace)
[Introduced January 26, 1995; referred to the
Committee on Finance.]
A BILL to amend and reenact section sixty-three, article two,
chapter twenty-two-a of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, relating to
underground mines; miners' health, safety and training; fees
for certificate of approval and permit; providing that the
fees collected for certificates of approval and permits be
placed in the "Miners' Health, Safety and Training Fund";
and providing for expenditure of moneys placed in the fund.
Be it enacted by the Legislature of West Virginia:
That section sixty-three, article two, chapter twenty-two-a
of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, be amended and reenacted to read as
follows:
ARTICLE 2. UNDERGROUND MINES.
§22A-2-63. No mine to be opened or reopened without prior approval of the director of the office of miners'
health, safety and training; certificate of
approval; approval fees; extension of certificate
of approval; certificate of approval not
transferable; section to be printed on
certificates of approval; creation of miners'
health, safety and training fund; deposits into
same; and expenditures from same.
(a) After the first day of July, one thousand nine hundred
seventy-one, no mine shall may be opened or reopened unless prior
approval has been obtained from the director of the office of
miners' health, safety and training, which approval shall may not
be unreasonably withheld. The operator shall must pay for such
this approval a fee of one hundred dollars, which payment shall
must be tendered with the application for such approval:
Provided, That mines producing coal solely for the operator's use
shall be issued a permit without charge if coal production will
be less than fifty tons a year.
Within thirty days after the first day of January of each
year, the holder of such a permit to open a mine shall must apply
for the extension of such that permit for an additional year.
Such permit extension, evidenced by a document issued by the
director, shall be granted as a matter of right for a fee of one
hundred dollars if, at the time such application is made, the permit holder is in compliance with the provisions of section
seventy-seven of this article and has paid or otherwise appealed
all coal mine assessments issued to the mine if operated by the
permit holder and imposed under article one of this chapter.
Applications for extension of such these permits not submitted
within the time required shall be processed as an application to
open or reopen a mine and shall must be accompanied by a fee of
one hundred dollars.
(b) Permits issued pursuant to this section shall not be are
not transferable.
(c) If the operator of a mine is not the permit holder as
defined in subsection (a) above of this section, then such the
operator must apply for and obtain a certificate of approval to
operate the mine on which the permit is held prior to commencing
operations. An operator who is not the permit holder operating
such the mine on the tenth day of April, one thousand nine
hundred ninety-three, must apply for a certificate of approval on
or before the first day of July, one thousand nine hundred
ninety-three. The operator shall must pay a fee of one hundred
dollars, which payment shall must be tendered with the
application for approval. Such approval, evidenced by a
certificate issued by the director, shall be granted if, at the
time such application is made, the applicant is in compliance
with the provisions of section seventy-seven of this article and has paid or otherwise appealed all coal mine assessments imposed
on such applicant him or her for the certificate of approval
under article one of this chapter.
(d) In addition to the director's authority to file a
petition for enforcement under subdivision (4), subsection (a),
section twenty-one, article one of this chapter, if an operator
holding a certificate of approval issued pursuant to subsection
(c) of this section, against whom a civil penalty is has been
assessed a civil penalty in accordance with section twenty-one,
article one of this chapter and implementing regulations rules,
and which the penalty has become final, fails and the operator
has failed to pay the penalty within the time prescribed in such
the order assessing the penalty, the director or the authorized
representative of the director, by certified mail, return receipt
requested, shall send a notice to such the operator advising the
operator of the unpaid penalty. If the penalty is not paid in
full within sixty days from the issuance of the notice of
delinquency by the director, then the director may revoke such
the operator's certificate of approval: Provided, That such the
operator to whom the delinquency notice is issued shall have has
thirty days from receipt thereof to request, by certified mail,
return receipt requested, a public hearing held in accordance
with the procedures of section seventeen, article one of this
chapter, and implementing rules, including application for temporary relief. Once such an operator's certificate of
approval is revoked pursuant to this subsection, such that
operator shall be is prohibited from obtaining any certificate of
approval under the provisions of this section to operate any
other mine until such time as that operator pays the delinquent
penalties that have become final.
(e) Every firm, corporation, partnership or individual that
contracts to perform services or construction at a coal mine
shall be is deemed to be an operator and beginning the first day
of January, one thousand nine hundred ninety-five, must apply for
and obtain a certificate of approval prior to commencing
operations: Provided, That such these persons shall only may be
required to obtain only one certificate annually: Provided,
however, That persons such as including, but not limited to,
consultants, mine vendors, office equipment suppliers, and
maintenance and delivery personnel are excluded from this
requirement to obtain a certificate of approval. Any such
operator shall Operators who are required to obtain a certificate
of approval pursuant to this subsection must pay a fee of one
hundred dollars which shall must be tendered with the application
for approval. Such This approval, evidenced by a certificate
issued by the director, shall be granted if, at the time such
application is made, the applicant has paid or otherwise appealed
all coal mine assessments imposed on such applicant him or her under article one of this chapter.
Within thirty days after the first day of January of each
year, the holder of such a certificate of approval shall must
apply for the extension of such that approval for an additional
year. Applications for extension must be accompanied by a fee of
one hundred dollars. An extension shall be granted if, at the
time such application is made, the applicant has paid or
otherwise appealed all coal mine assessments imposed on such
applicant him or her under article one of this chapter. All
delinquent assessments which have been imposed upon a certificate
of approval holder or applicants under this section shall not be
imposed upon any permit holder or certificate of approval holder
or any applicant pursuant to subsection (a) or (c) of section
sixty-three. No assessment imposed upon an operator which is
either: (1) An applicant under this subsection or (2) a
certificate of approval holder under this subsection, which has
become delinquent, may be imposed upon (1) any permit holder or
applicant therefor under subsection (a) of this section or (2)
any certificate of approval holder or applicant therefor under
subsection (c) of this section.
(f) The provisions of this section shall be printed on the
reverse side of every permit issued under subsection (a) and
certificate of approval issued under subsection (d) herein.
(g) The district mine inspector shall be contacted for conduct a preinspection of the area proposed for underground
mining prior to issuance of any new opening permit approval.
(h) After the first day of January, one thousand nine
hundred ninety-five, all moneys collected by the office of
miners' health, safety and training for the approval fees set
forth in subsections (a), (c) and (e) of this section shall be
deposited with the treasurer of the state of West Virginia in a
special account in accordance with the provisions of subsection
(f), section twenty-one, article one of this chapter, and
entitled, "Health, Safety and Training Fund." The director of
the office of miners' health, safety and training is authorized
to disburse any moneys deposited in said account to insure the
effective enforcement of the provisions of this chapter until the
thirtieth day of June, one thousand nine hundred ninety-six:
Provided, That beginning with the fiscal year commencing the
first day of July, one thousand nine hundred ninety-six,
expenditures from the fund herein created may be made only
pursuant to appropriation by the Legislature.
NOTE: The purpose of this bill is to provide that fees
collected for permits and certificates of approval to open or
reopen underground mines are deposited into a special fund in the
office of the Treasurer entitled, "Miners' Health, Safety and
Training Fund." Moneys collected for these fees shall be placed
into the fund and expenditures from the fund shall be for the
purposes of enforcing the provisions of Chapter 22A of the Code
of West Virginia dealing with underground mines, and may be made
by the director of the Office of Miners' Health, Safety and
Training without appropriation until the fiscal year commencing July 1, 1996.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that
would be added.