W. Va. Code R. § 56-23-16

Current through Register Vol. XLI, No. 24, June 14, 2024
Section 56-23-16 - Maintenance
16.1. Diesel-powered equipment shall be maintained in an approved and safe condition as described in this rule or shall be removed from service.
16.2. An operator choosing to use diesel equipment in an underground coal mine must develop a maintenance plan and submit his or her plan to the director for approval. Failure of the mine operator to comply with the maintenance requirements of this section may result in the revocation of the director's approval of the complete diesel-powered equipment package, provided appropriate notification has been given to the mine operator and the procedures of this section have been taken. Upon receiving such notice, the mine operator shall have thirty days to submit a plan to achieve and maintain compliance. Such plan shall be evaluated by the director, and, upon approval, the mine operator shall implement the plan. The director shall monitor the mine operators compliance. At any time the director determines that the mine operator is unable or unwilling to comply, the director shall revoke the mine operator's approval, which would in turn prohibit use of all diesel equipment at that mine.
16.3. To acquire and maintain approval of a complete diesel-powered equipment package, the mine operator shall comply with the following requirements:
16.3.1. All service, maintenance and repairs of approved complete diesel-powered equipment packages shall be performed by mechanics that are trained and qualified in accordance with section 24 of this rule.
16.3.2. Service and maintenance of approved complete diesel-powered equipment packages shall be performed according to:
16.3.2.a. The specified routine maintenance schedule;
16.3.2.b. On-board performance and maintenance diagnostics readings;
16.3.2.c. Emissions test results; and
16.3.2.d. Component manufacturer's recommendations.

W. Va. Code R. § 56-23-16