Current through Register Vol. XLI, No. 24, June 14, 2024
Section 38-8-3 - Definitions3.1. Unless the context in which a word or phrase appears clearly requires a different meaning, all terms used in these rules and regulations, which are not defined herein, shall have the meanings set forth in Section 1, Article 1A, Chapter 22A of the Code. 1. Active Mining Operation -- The term "active mining operation" shall mean, when used herein, any active surface mining operation or active underground coal mine which is ventilated and in which miners are extracting coal from its natural deposit. a. The term "active underground mining operation" shall mean an underground coal mine which is ventilated and in which miners are extracting coal from its natural deposit.b. The term "active surface mining operation" shall mean a surface coal mine where the operator's direct activity and the miners are extracting coal from its natural deposit.2. Comprehensive Mine Safety Program -- The term "comprehensive mine safety program" "comprehensive safety program," or "program" shall mean the particular safety program at each mine as required in Section 34, Section 1A, Chapter 22A of the Code, which is developed and submitted by the coal operator, approved by the Commissioner, and includes such level of the safety program components set forth in Section 7.2 of these rules and regulations as the operator deems appropriate. Such program shall include and address the extraction, production, processing and preparation activities of the active mining operation.3. Code -- The term "code" shall mean the West Virginia Code of 1931, as amended.4. Commissioner - The "Commissioner" shall mean the Commissioner of the Department of Energy.5. Mine -- The term "mine," when used herein, shall mean any surface coal mine or underground coal mine as defined herein.6. Surface Coal Mine -- The term "surface coal mine" shall mean a surface area of land and all structures, facilities, machinery, tools, equipment, excavations, and other property, real or personal, placed upon or above the surface of such land by any person, which are used in, or to be used in, or resulting from, the work of extracting coal from its natural deposits in the earth by any means or method, and the work of preparing the coal so extracted, and includes custom coal preparation facilities. It is identified by one federal identification number.7. Underground Coal Mine -- The term "underground coal mine" shall mean a mine as defined in Section 1 (a) (6), Article 1A, Chapter 22A of the Code.