Current through Register Vol. XLI, No. 50, December 13, 2024
Section 56-17-7 - Enforcement7.1. Upon completion of the analysis, the authorized laboratory technician shall generate a report which shall be forwarded to the Director and identify any samples that fail to meet the minimum coal dust and rock dust ratio.7.2. If a sample fails to meet the minimum coal dust and rock dust ratio, then the Director shall notify the operator and issue a notice of violation with an appropriate abatement period.7.3. At the expiration of the abatement period the Director shall cause a re-surveying of the affected area of the mine utilizing the random sampling methodology anchored by the then location of the working section loading point in a room and pillar mine or no more than one thousand (1,000) feet from the tailgate or maingate in a longwall mine. The samples from the re-survey shall have priority in the thermogravimetric analysis laboratory and the results shall be reported to the Director upon completion.7.4. At the discretion of the Director repeated or serious violations of coal dust and rock dust ratios may be elevated in severity up to and including an imminent danger (as defined in W. Va. Code §22A-1-2(a)(5)).7.5. The Director may request that any operator provide records establishing the quantity of bulk and bag rock dust purchased for a period not to exceed the immediately preceding six (6) month period.