Current through Register Vol. XLI, No. 50, December 13, 2024
Section 38-2B-1 - GENERAL1.1Scope - These regulations establish general and specific rules for permit applications and plans and specifications submittals, hazard classification, emergency procedures, hydrology, hydraulics, spillways, diversion channels, concrete structures, pipes, subsurface drainage, stability, abandoned mine openings, combustion control, underground coal refuse disposal, reprocessing of abandoned coal refuse areas, abandonment, and performance standards for signs and markers, topsoil, water quality, drainage, sediment control, haulageways, diversions, spillways, acid producing and toxic materials, water monitoring requirements, site development, quality control, reporting requirements, materials removal, underground coal refuse disposal, and burning coal refuse piles.1.2Applicability - These rules and regulations: a. Apply to all coal refuse disposal areas operated after January 18, 1981. Operated means to enter upon a coal processing waste pile, or part thereof, for the purpose of disposing, depositing, dumping or removing coal processing wastes, or to employ a coal processing waste pile for retarding the flow of or for the impoundment of water.b. Apply to all new and existing coal refuse reprocessing operations. Such operations must obtain a permit prior to commencing operations.c. Operators of new coal refuse disposal areas after January 18, 1981, must submit a complete permit application in accordance with applicable parts of Chapter 20, Article 6 of the Code of West Virginia and these regulations. Owners of all operating coal refuse disposal areas must submit plans and specifications for approval in accordance with Chapter 20, Article 6, Section 13(f) of the Code of West Virginia and these regulations. Upon the expiration or lifting of the injunction in the civil action Allegheny Mining Corporation et al. v. David Callaghan et al. shall submit a complete permit application in accordance with Chapter 20, Article 6, Section 9 of the Code of West Virginia. The following table lists applicable sections of these regulations for impounding and nonimpounding structures: TABLE
Non-Impounding | Impounding | Reprocessing Operations |
A. | A. | A. |
B. | B. | B. |
C.01a | C.01b | C.01c |
D.01 | D.01 | C.02 |
D.02 | D.02 | D.06 |
D.03 | D.03 | E.09 |
D.04 | D.04 | |
D.05a2 | D.05a | |
D.05a3 | D.05b | |
D.05c | D.05C | |
D.05d1 | D.05d | |
D.05d2(b) | D.05e | |
D.05d2(c) | D.05f | |
D.05d3 | D.05g | |
D.05e | D.05h | |
D.05f | D.OSi | |
D.05g | D.05J | |
D.05h | D.07 | |
D.05i | E. | |
D.05J | | |
D.07 | | |
E. | | |
1.3Authority - These regulations are issued under the authority of Article 6, Chapter 20, Code of West Virginia, as amended.1.4Effective Date - These regulations become effective on the 13th day of June, 1985.1.5Filing Date - These regulations were filed in the Office of the Secretary of State on the 13th day of June, 1985. These regulations become effective on the 13th day of June, 1985.