Current through Register Vol. XLI, No. 49, December 6, 2024
Section 38-2D-2 - General Regulations2.1. Definitions. (a) The abadoned mine reclamation fund, is a trust fund established under Title 4 of the federal Surface Mining Control and Reclamation Act (PL-95-87) for the purpose of accumulating revenue designated for reclamation of abandoned mine lands and other activities authorized by the act.(b) Allocate means the administrative identification in the records of the Office of Surface Mining Reclamation and Enforcement of moneys in the fund for a specific purpose; e.g., identification of moneys for exclusive use by the State of West Virginia.(c) Emergency means a sudden danger or impairment that presents a high probability of substantial physical harm to the health, safety, or general welfare of people before the danger can be abated under normal program operation procedures.(d) Expended means that moneys have been paid out by the state of West Virginia for work that has been accomplished or services rendered.(e) Extreme danger means a condition that could reasonably be expected to cause substantial physical harm to persons, property, or the environment and to which persons or improvements on real property are currently exposed.(f) Left or abandoned in either an unreclaimed or inadequately reclaimed condition means lands and water: (1) Where all mining processes ceased and no current permit for continuing operations existed as of August 3, 1977, or, if a permit did exist on that date, but all mining processes had ceased, it has since lapsed and has not been renewed or superseded by a new permit as of the date of the request for reclamation assistance, and(2) Which continue, in their present condition, to substantially degrade the quality of the environment, prevent or damage the beneficial use of land or water resources, or endanger the health or safety of the public.(g) OSMRE means Office of surface Mining Reclamation and Enforcement, United States Department of the Interior.(h) Reclamation activities means restoration, reclamation, abatement, control, or prevention of adverse effects of mining.(i) Reclamation plan means a plan submitted and approved under OSMRE criteria.(j) state reclamation program means a program established by West Virginia in accordance with this chapter for reclamation of land and water adversely affected by past mining, including the reclamation plan and annual applications for grants under the plan.(k) means the West Virginia Division of Environmental Protection - The agency as designated by the Governor of West Virginia to administer the State reclamation program and to receive and administer grants under this part.