Committee Substitute
for
Senate Bill No. 506
(By Senator Caruth)
[Originating in the Committee on Energy, Industry and Mining;
reported March 27, 2009.]
____________
A BILL to amend and reenact §22-3-14 of the Code of West Virginia,
1931, as amended, relating to conforming the state mine
subsidence laws and rules to federal mining and subsidence
laws and rules.
Be it enacted by the Legislature of West Virginia:
That §22-3-14 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.
§22-3-14. General environmental protection performance standards
for the surface effects of underground mining;
application of other provisions of article to surface
effects of underground mining.
(a) The
director secretary shall promulgate separate rules
directed toward the surface effects of underground coal mining
operations, embodying the requirements in subsection (b) of this
section:
Provided, That in adopting such rules, the
director secretary shall consider the distinct difference between surface
coal mines and underground coal mines in West Virginia. Such rules
may not conflict with or supersede any provision of the federal or
state coal mine health and safety laws or any rule issued pursuant
thereto.
(b) Each permit issued by the
director secretary pursuant to
this article and relating to underground coal mining shall require
the operation at a minimum to:
(1) Adopt measures consistent with known technology in order
to prevent subsidence causing material damage to the extent
technologically and economically feasible, maximize mine stability
and maintain the value and reasonably foreseeable use of overlying
surface lands, except in those instances where the mining
technology used requires planned subsidence in a predictable and
controlled manner:
Provided, That this subsection does not
prohibit the standard method of room and pillar mining: Provided,
however, That notwithstanding the provisions of section three-a,
article one of this chapter or any rule to the contrary, for
underground coal mining operations conducted after October 24,
1992, any obligation of operators to repair or compensate the owner
of any dwelling or structure for damages caused by subsidence shall
be determined by whether the same condition exists under the
federal Surface Mining Control and Reclamation Act of 1977, as
amended;
(2) Seal all portals, entryways, drifts, shafts or other
openings that connect the earth's surface to the underground mine workings when no longer needed for the conduct of the mining
operations in accordance with the requirements of all applicable
federal and state law and rules promulgated pursuant thereto;
(3) Fill or seal exploratory holes no longer necessary for
mining and maximize to the extent technologically and economically
feasible, if environmentally acceptable, return of mine and
processing waste, tailings and any other waste incident to the
mining operation to the mine workings or excavations;
(4) With respect to surface disposal of mine wastes, tailings,
coal processing wastes and other wastes in areas other than the
mine workings or excavations, stabilize all waste piles created by
the operator from current operations through construction in
compacted layers, including the use of incombustible and impervious
materials, if necessary, and assure that any leachate therefrom
will not degrade surface or groundwaters below water quality
standards established pursuant to applicable federal and state law
and that the final contour of the waste accumulation will be
compatible with natural surroundings and that the site is
stabilized and revegetated according to the provisions of this
section;
(5) Design, locate, construct, operate, maintain, enlarge,
modify and remove or abandon, in accordance with the standards and
criteria developed pursuant to subsection (f), section thirteen of
this article, all existing and new coal mine waste piles consisting
of mine wastes, tailings, coal processing wastes and solid wastes
and used either temporarily or permanently as dams or embankments;
(6) Establish on regraded areas and all other disturbed areas
a diverse and permanent vegetative cover capable of
self-regeneration and plant succession and at least equal in extent
of cover to the natural vegetation of the area within the time
period prescribed in subdivision (20), subsection (b), section
thirteen of this article;
(7) Protect off-site areas from damages which may result from
such mining operations;
(8) Eliminate fire hazards and otherwise eliminate conditions
which constitute a hazard to health and safety of the public;
(9) Minimize the disturbance of the prevailing hydrologic
balance at the mine site and in associated off-site areas and to
the quantity and the quality of water in surface and groundwater
systems both during and after mining operations and during
reclamation by: (A) Avoiding acid or other toxic mine drainage by
such measures as, but not limited to: (i) Preventing or removing
water from contact with toxic producing deposits; (ii) treating
drainage to reduce toxic content which adversely affects downstream
water before being released to water courses; and (iii) casing,
sealing or otherwise managing boreholes, shafts and wells to keep
acid or other toxic drainage from entering ground and surface
waters; and (B) conducting mining operations so as to prevent, to
the extent possible using the best technology currently available,
additional contributions of suspended solids to streamflow or
runoff outside the permit area, but in no event shall the
contributions be in excess of requirements set by applicable state or federal law, and avoiding channel deepening or enlargement in
operations requiring the discharge of water from mines:
Provided,
That in recognition of the distinct differences between surface and
underground mining the monitoring of water from underground coal
mine workings shall be in accordance with the provisions of the
Clean Water Act of 1977;
(10) With respect to other surface impacts of underground
mining not specified in this subsection, including the construction
of new roads or the improvement or use of existing roads to gain
access to the site of such activities and for haulage, repair
areas, storage areas, processing areas, shipping areas, and other
areas upon which are sited structures, facilities or other property
or materials on the surface, resulting from or incident to such
activities, operate in accordance with the standards established
under section thirteen of this article for such effects which
result from surface-mining operations:
Provided, That the director
secretary shall make such modifications in the requirements imposed
by this subdivision as are necessary to accommodate the distinct
difference between surface and underground mining in West Virginia;
(11) To the extent possible using the best technology
currently available, minimize disturbances and adverse impacts of
the operation on fish, aquatic life, wildlife and related
environmental values, and achieve enhancement of such resources
where practicable; and
(12) Unless otherwise permitted by the director secretary and
in consideration of the relevant safety and environmental factors, locate openings for all new drift mines working in acid producing
or iron producing coal seams in a manner as to prevent a gravity
discharge of water from the mine.
(c) In order to protect the stability of the land, the
director secretary shall suspend underground mining under urbanized
areas, cities, towns and communities and adjacent to industrial or
commercial buildings, major impoundments or permanent streams if he
or she finds imminent danger to inhabitants of the urbanized areas,
cities, towns or communities.
(d) The provisions of this article relating to permits, bonds,
insurance, inspections, reclamation and enforcement, public review
and administrative and judicial review are also applicable to
surface operations and surface impacts incident to an underground
mine with such modifications by rule to the permit application
requirements, permit approval or denial procedures and bond
requirements as are necessary to accommodate the distinct
difference between surface mines and underground mines in West
Virginia.
NOTE: The purpose of this bill is to conform the state mine
subsidence laws and rules to federal mining and subsidence laws and
rules.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.