Current through Register Vol. XLI, No. 19, May 10, 2024
Section 56-8-3 - Definitions3.1. Unless the context in which a word or phrase appears clearly requires a different meaning, all terms used in this rule that are not defined herein, shall have the meanings set forth in W. Va. Code § 22A-1-2. 3.1.1. Active Mining Operation. -- The term "active mining operation" shall mean, when used herein, any active surface mining operation or active underground mining operation. 3.1.1.a. The term "active underground mining operation" shall mean an underground coal mine which is ventilated, and in which miners are employed.3.1.1.b. The term "active surface mining operation" shall mean a surface coal mine where miners are employed. 3.1.2. Annual Review. -- The term "annual review" shall mean those annual reviews required by section 8.4. of this rule.3.1.3. 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 W. Va. Code § 22A-1-3G, which is developed and submitted by the coal operator or independent contractor, approved by the director, and includes such level of the safety program components set forth in Section 7.2. of this rule as the director deems appropriate. Such program shall include and address the extraction, production, processing and preparation activities conducted by the mine operator or independent contractors.3.1.4. Code. -- The term "code" shall mean the West Virginia Code of 1931, as amended.3.1.5. Director. -- The term "director" shall mean the director of the office of miners' health, safety and training.3.1.6. Independent Contractor. -- The term "independent contractor" shall mean any firm, corporation, partnership, or individual that contracts to engage in the extraction, production, processing or preparation activities associated with a coal mine.3.1.7. Mine. -- The term "mine," when used herein, shall mean any surface coal mine or underground coal mine as defined herein.3.1.8. Operator. -- The term "operator" means any firm, corporation, partnership, or individual operating any coal mine or part thereof, or engaged in the construction of any facility associated with a coal mine.3.1.9. 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.3.1.10. Underground Coal Mine. -- The term "underground coal mine" shall mean a mine as defined in W. Va. Code § 22A-1-2(a)(6).