H. B. 3055
(By Delegates Eldridge, Argento, Shaver,
Kominar, Barker and Ross)
[Introduced March 10, 2009; referred to the
Committee on the Judiciary then Finance.]
A BILL 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 secretary 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 secretary may extend a permit for a
longer term
: Provided, however, That subject to the prior approval
of the
director secretary, 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
secretary 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
secretary 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
secretary 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 secretary 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
secretary shall ascertain from the
commissioner of the Bureau of
Employment Programs executive director of Workforce West Virginia
and the
executive director of the workers' compensation commission
Insurance Commissioner whether the applicant is in compliance with,
respectively, 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
bureau executive director or the
commission Insurance Commissioner, the permit shall not be issued
until the applicant returns to compliance or is restored by the
bureau executive director or the
commission Insurance Commissioner
under a reinstatement agreement:
Provided, That in all inquiries
the
commissioner of the Bureau of Employment Programs executive
director of Workforce West Virginia and the
executive director of
the workers' compensation commission Insurance Commissioner shall
make response to the
division 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 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.
NOTE: The purpose of this bill is to correct 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.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.