Current through Register Vol. XLI, No. 24, June 14, 2024
1.1. Scope. -- This rule governs the safety of employees in and around surface mines.1.2. Authority. -- W. Va. Code §§ 22A-1-38 and 22A-1-42.1.3. Filing Date. -- April 5, 2022.1.4. Effective Date. -- May 5, 2022.1.5. Sunset Provision. -- This rule shall terminate and have no further force or effect upon August 1, 2027.1.6. Applicability. -- This rule shall extend to all surface mining operations. This rule shall not apply to any utility or railroad having facilities in the vicinity of surface mining operations unless such utility or railroad is also the operator of such surface mining operations.1.7. Other law applicable. -- All provisions of the mining laws of this state, specifically chapter 22A, article 2 of the code, are applicable to surface mining, except to the extent that this rule covers the specific requirement, and except to the extent that the context of a specific provision would render its applicability totally inappropriate to surface mining.