Current through Register Vol. XLI, No. 50, December 13, 2024
Section 199-1-2 - DefinitionsAs used in this rule unless used in a context that clearly requires a different meaning the term:
2.1. "Active Blasting Experience" means experience gained by a person who has worked on a blasting crew, or supervised a blasting crew. Two hundred forty working days constitutes one year of experience. Experience may only be gained by "first-hand" participation in activities associated with the storing, handling, transportation and use of explosives or the immediate supervision of those activities within surface coal mines, and the surface areas of underground coal mines. Experience should be related to surface mine blasting; Provided, that other related blasting experience (quarrying operations, etc.) may be accepted by the secretary or on a case-by-case basis as qualifying experience.2.2. "Air Blast" means an airborne shock wave resulting from the detonation of explosives.2.3. "Adjuster" means an outside party that is assigned to investigate, document, evaluate and make recommendations on a reported loss.2.4. "Arbitrator" means an impartial individual appointed by the Secretary with the authority to settle the disputes between property owners and mine operators as they relate to allegations of blasting damage.2.5. "Arbitration" means the referral of a dispute to a neutral or impartial person for total or partial determination. It is intended to be inexpensive, prompt and fair to the parties. 2.6 "Blast" means any planned or unplanned detonation(s) of an explosive(s) being initiated simultaneously by a single energy source.2.7. "Blast Area" means the area surrounding a blast site where flyrock could occur and which should be guarded against entry during the shot.2.8. "Blast Site" means the area where explosive material is handled during loading into boreholes. This includes the perimeter area formed by the loaded blast holes as measured 50 feet in all directions from the collar of the outermost loaded borehole; or that area protected from access by a physical barrier to prevent entry to the loaded blast holes.2.9. "Blaster" means a qualified person in charge of and responsible for the design, loading and firing of a blast. This must be an individual who is certified by the Office of Explosives and Blasting. 2.10. "Blasting Complaint" means a communication to the Office of Explosives and Blasting from a member of the general public expressing concern, aggravation, fear or indications of blasting damage. A blasting complaint may or may not initially indicate damage.2.11. "Blasting Claim" means an allegation by the property owner of blasting related damage to property.2.12. "Blasting Log" means a written record containing all pertinent information about a specific blast as may be required by law or rule.2.13. "Blasting Vibration" means the temporary ground movement produced by a blast that can vary in both intensity and duration.2.14. "Caused By Blasting" means that there is direct, consistent and conclusive evidence or information that the alleged damage was definitely caused by blasting from the mine site in question.2.15. "Certified Blaster" means a person who has taken and passed the examination described in this rule, and has been issued a certification card by the Secretary.2.16. "Certified Examiner/Inspector" means a person employed by the Secretary who administers training or examinations to applicants for certification as certified blasters, or who inspects surface mining operations and who has taken and passed the examination described in this rule.2.17. "Claimant" means the property owner who makes a blasting damage claim.2.18. "Claims Administrator" means the individual, firm or organization that manages the blasting damage claims program for the Secretary.2.19. "Construction Blasting" means blasting to develop haulroads, mine access roads, coal preparation plants, drainage structures, or underground coal mine sites and shall not include production blasting.2.20. "Contiguous or Nearly Contiguous" means surface mining operations that share a permit boundary or are within 100 feet of each other at the nearest point.2.21. " Detonation" means a chemical reaction resulting in a rapid release of energy.2.22. "Department" means the Department of Environmental Protection.2.23. "Explosives" means any chemical compound, mixture or device, the primary or common purpose of which is to function by explosion; including, but not limited to, water gel, slurries, emulsion, dynamites, permissibles, pellet powder, blasting caps, cast primers and boosters, detonating cord, detonating cord delay connectors, and blasting agents.2.24. "Fly Rock" means rock and/or earth propelled from the blast site through the air or along the ground by the force of the detonated explosives.2.25. "Loss Value" means the amount of money indicated in a given loss to include costs of repairs or replacement costs.2.26. "Not Caused By Blasting" means that there is direct, consistent, and conclusive evidence or information that blasting from the mine site in question was definitely not at fault for the alleged property damage.2.27. "Other Structure" means any man made structure excluding "protected structures" within or outside the permit areas which includes but is not limited to, gas wells, gas lines, water lines, towers, airports, underground mines, tunnels, bridges, and dams. The term does not include structures owned, operated, or built by the permittee for the purpose of carrying out surface mining operations.2.28. "Operator" means any person who is granted or who should obtain a permit to engage in any activity covered by W. Va. Code §22.2.29. "Possibly Caused By Blasting" means the physical damage in question is not entirely consistent with blasting induced property damage, but that blasting cannot be ruled out as a causal factor.2.30. "Pre-Blast Survey" means the written documentation of the existing condition of a given structure near an area where blasting is to be conducted. The purpose of the survey is to note the pre-blasting condition of the structure and note any observable defects or damage.2.31. "Probably Caused By Blasting" means that there is physical damage present at the site in question that is entirely consistent with blasting induced property damage, and said damage can be attributed to a specific mine site and/or blast event(s).2.32. "Probably Not Caused By Blasting" means that there is substantial, but not conclusive information that the alleged damage was caused by something other than blasting.2.33. "Production Blasting" means blasting that removes the overburden to expose underlying coal seams and shall not include construction blasting.2.34. "Protected Structure" means any of the following structures that are situated outside the permit area: an occupied dwelling, a temporarily unoccupied dwelling which has been occupied within the past ninety (90) days, a public building, a habitable building for commercial purposes, a school, a church, a community or institutional building, a public park or a water well.2.34.a. "Community or Institutional Building" means any structure, other than a public building or an occupied dwelling, which is used primarily for meetings, gatherings or functions of local civic organizations or other community groups; functions as an educational, cultural, historic, religious, scientific, correctional, mental health or physical health care facility; or is used for public services, including, but not limited to, water supply, power generation or sewage treatment.2.34.b. "Public Building" means any structure that is owned or leased by a public agency or used primarily for public business or meetings.2.35. "Secretary" means the Secretary of the Department of Environmental Protection or the Secretary's authorized agent.2.36. "Structure" means "a protected structure" or "other structure" which is any man-made structures within or outside the permit areas which include, but is not limited to, dwellings, outbuildings, commercial buildings, public buildings, community buildings, institutional buildings, gas lines, water lines, towers, airports, underground mines, tunnels and dams. The term does not include structures built and/or utilized for the purpose of carrying out the surface mining operation.2.37. "Supervised a Blasting Crew" means a person that is responsible for the conduct of a blasting crew(s) and/or that the crew(s) is directed by that person.2.38. "Surface Mine Operations" means all areas of surface mines, and surface area of underground mines (including shafts and slopes), areas ancillary to these operations, and the reclamation of these areas; , including adjacent areas ancillary to the operations, i.e., preparation and processing plants, storage areas, shops, haulageways, roads, and trails, which are covered by the provisions of W. Va. Code § 22-3-1 et seq., and rules promulgated under that article.2.39. "Worked on a Blasting Crew" means that a person has first-hand experience in storing, handling, transporting, and using explosives, and has participated in the loading, connecting, and initiation processes of blasting , and has experience in blasting procedures, and preparation of blast holes.