Current through Register Vol. XLI, No. 24, June 14, 2024
Section 38-3-4 - Bond and Bond Pooling Fund4.1. Operators who have operated for less than five (5) years under West Virginia mining laws shall post a performance bond for each acre previously disturbed and each acre proposed to be disturbed during the next ensuing year. The operator shall provide an estimate of the reclamation liability for the permit area based upon the proposed quarrying and reclamation plan. Documentation shall be provided to ensure that the bond provided is equal to or greater than the reclamation liability. For the purpose of this section, disturbed acres do not include reclaimed areas that meet the release requirements of section 17.1 of these rules. The minimum bond for each permit is ten thousand dollars ($10,000).4.2. Operators or persons who have operated for five (5) or more years under West Virginia mining laws without a serious violation shall contribute to the bond pooling fund. For each permit, permittees contributing to the fund shall make an initial payment of fifty dollars ($50) for each acre or fraction thereof currently disturbed. For each acre or fraction thereof estimated to be newly disturbed during the next ensuing year, the payment shall be fifty dollars ($50). Thereafter, the permittee shall make an annual payment of twelve dollars and fifty cents ($12.50) for each disturbed acre or fraction thereof until the permittee has paid into the fund a total of one thousand dollars ($1,000) for each disturbed acre.