W. Va. Code R. § 150-27-4

Current through Register Vol. XLI, No. 45, November 8, 2024

Section 150-27-4 - Reporting of Coal Shipments

4.1. All shippers and all receivers of coal which is transported over any coal resource transportation road must register with the Commission by providing the information required on Form 2 (attached hereto) no later than the date they are required to report coal shipments under these rules.

4.2. Shippers and receivers shall report timely and accurately the gross weight in pounds of every coal shipment by commercial motor vehicle over any coal resource transportation road, including the date and time when the shipment was weighed. Receivers of coal shipments who are residential, school, or hospital end users are not required to report.

4.3. Shippers and receivers transporting coal in a commercial motor vehicle over any coal resource transportation road shall begin reporting on October 1, 2003.

4.4. Reports concerning shipments of coal upon a coal resource transportation road shall be submitted using one of the following methods:

4.4.a. ASCII semicolon delimited file transferred to a site provided to individual shippers and receivers by the Commission; OR

4.4.b. Manual entry via a Commission provided internet application which will be provided after users register. Access to the web form will require a user ID and password provided by the Commission if requested on Form 2.

4.5. Reports concerning shipments of coal upon a coal resource transportation road shall be submitted electronically in the order listed below and shall specify:

4.5.a. Transaction Number: up to 25 character alphanumeric, a unique identifier for the transaction beginning with the reporter's site ID;

4.5.b. Shipper Transaction Number: up to 25 character alphanumeric, beginning with the shipper's site ID - the shipper's transaction number;

4.5.c. Shipper ID: up to 10 character alphanumeric, Commission assigned identifier for the shipper - usually the WV Permit number assigned by Miner's Health Safety & Training;

4.5.d. Receiver ID: up to 10 character alphanumeric, Commission assigned identifier for the receiver - usually the WV Permit number assigned by the West Virginia Office of Miners' Health Safety & Training;

4.5.e. Source: 1 character alphanumeric, this is being reported by the - S for shipper or R for receiver;

4.5.f. CRTS Permit Number: up to 13 character alphanumeric, overweight permit number (if applicable, otherwise a space);

4.5.g. Shipment Date & Time: mm/dd/yyyy hh:mm (24 hour military time), when the shipment was weighed;

4.5.h. Gross Weight: up to 6 digit numeric, weight in pounds;

4.5.i. CRTS Shipment: 1 character alphanumeric, A for All, P for Partial, or N for None.

4.6. In order to constitute timely reporting under the statute and these rules concerning shipments of coal upon a coal resource transportation road, shippers and receivers must meet the following requirements:

4.6.a. Shipper. A shipper must submit its report by 4:00 p.m. of the next business day following the date of shipment. Business days will be considered Monday through Friday excluding official state or federal holidays.

4.6.b. Receiver. A receiver must submit its report by 4:00 p.m. of the next business day following the date of receipt. Business days will be considered Monday through Friday excluding official state or federal holidays.

4.7. In order to constitute accurate reporting under the statute and these rules concerning shipments of coal upon a coal resource transportation road, shippers and receivers must meet the following requirements:

4.7.a. Shipper. A shipper may weigh the gross vehicle weight of each coal shipment by scales certified by the Division of Labor or may weigh and report the weight by estimate, provided that the method of estimating weight is reasonably accurate, the gross vehicle weight does not exceed legal limits, the weight of the truck and its load will be determined by the receiver using certified scales, and the shipper accepts responsibility for monetary administrative penalties imposed for excess weight as provided for in W. Va. Code § 17C-17A-9.

4.7.b. Receiver. A receiver shall determine and report the gross vehicle weight of such coal shipment with scales certified by the Division of Labor.

4.8. Concerning shipments of coal upon a coal resource transportation road, shippers shall provide a bill of lading to the operator before leaving the site. The information on the document shall include the shipper transaction number, the shipper ID number, the gross vehicle weight, the coal weight, the date and time of shipment, and the origin of the shipment and destination. The document shall be available for inspection by law enforcement personnel and shall be presented to the receiver for communication of the shipper transaction number and shipper ID number for the receiver report to the Commission.

4.9. An owner of a commercial motor vehicle who transports coal on a coal resource transportation road in this state shall report to the Commission all citations issued to an operator of that vehicle for an unsafe vehicle condition or for speeding or other unsafe vehicle operation. Reports must be submitted to the Commission's Transportation Division no later than 10 business days following issuance of the citation.

4.10. Any receiver receiving any vehicle transporting coal in excess of 88,000 pounds on any non-coal resource transportation highway shall file a report with the Commission, identifying the vehicle and its driver within twenty-four hours of being received. The report may be mailed by first class mail, postmarked within twenty-four hours of the coal shipment being received, signed by an authorized representative of the receiver, addressed to the

Public Service Commission

Attn: Director of Transportation Division

201 Brooks Street

Post Office Box 812

Charleston, West Virginia 25323

4.11. If a shipper, receiver or owner fails to timely or accurately report as required by these rules, he or she shall be subject to an administrative penalty of up to $100 per shipment.

4.12. When the Commission staff becomes aware of untimely and/or inaccurate reports, a notice of violation will be issued by letter directed to the shipper, receiver and/or vehicle owner. The notice will be issued by the staff, establishing the amount of administrative penalty. The letter shall provide that the penalty be paid no later than twenty days after receipt. The payment of the penalty should be mailed to:

Public Service Commission

Attn: Executive Director

201 Brooks Street

Post Office Box 812

Charleston, West Virginia 25323

4.13. The imposition of an administrative penalty is final unless a request for a hearing is received by the Commission within twenty days from the receipt of the notice. If a hearing is requested, the procedures under section 5, "Administrative process for issuing administrative sanctions" will be followed.

W. Va. Code R. § 150-27-4