Article 3 - SURFACE COAL MINING AND RECLAMATION ACT
- Section 22-3-1 - Short title
- Section 22-3-2 - Legislative findings and purpose; jurisdiction vested in Division of Environmental Protection; authority of secretary; inter-departmental cooperation
- Section 22-3-3 - Definitions
- Section 22-3-4 - Reclamation; duties and functions of secretary
- Section 22-3-5 - Surface-mining reclamation supervisors and inspectors; appointment and qualifications; salary
- Section 22-3-6 - Duties of surface-mining reclamation inspectors and inspectors in training
- Section 22-3-7 - Notice of intention to prospect, requirements therefor; bonding; secretarys authority to deny or limit; postponement of reclamation; prohibited acts; exceptions
- Section 22-3-8 - Prohibition of surface mining without a permit; permit requirements; successor in interest; duration of permits; proof of insurance; termination of permits; permit fees
- Section 22-3-9 - Permit application requirements and contents
- Section 22-3-10 - Reclamation plan requirements
- Section 22-3-11 - Bonds; amount and method of bonding; bonding requirements; special reclamation tax and funds; prohibited acts; period of bond liability
- Section 22-3-11a - Special reclamation tax; clarification of imposition of tax; procedures for collection and administration of tax; application of Tax Procedure and Administration Act and Tax Crimes and Penalties Act
- Section 22-3-12 - Site-specific bonding; legislative rule; contents of legislative rule; legislative intent
- Section 22-3-13 - General environmental protection performance standards for surface mining; variances
- Section 22-3-13a - Preblast survey requirements
- Section 22-3-14 - General environmental protection performance standards for the surface effects of underground mining; application of other provisions of article to surface effects of underground mining
- Section 22-3-15 - Inspections; monitoring; right of entry; inspection of records; identification signs; progress maps
- Section 22-3-16 - Cessation of operation by order of inspector; informal conference; imposition of affirmative obligations; appeal
- Section 22-3-17 - Notice of violation; procedure and actions; enforcement; permit revocation and bond forfeiture; civil and criminal penalties; appeals to the board; prosecution; injunctive relief
- Section 22-3-18 - Approval, denial, revision and prohibition of permit
- Section 22-3-19 - Permit revision and renewal requirements; incidental boundary revisions; requirements for transfer; assignment and sale of permit rights; operator reassignment; and procedures to obtain inactive status
- Section 22-3-20 - Public notice; written objections; public hearings; informal conferences
- Section 22-3-21 - Decision of secretary on permit application; hearing thereon
- Section 22-3-22 - Designation of areas unsuitable for surface mining; petition for removal of designation; prohibition of surface mining on certain areas; exceptions; taxation of minerals underlying land designated unsuitable
- Section 22-3-22a - Blasting restrictions; site specific blasting design requirement
- Section 22-3-23 - Release of bond or deposits; application; notice; duties of secretary; public hearings; final maps on grade release
- Section 22-3-24 - Water rights and replacement; waiver of replacement
- Section 22-3-25 - Citizen suits; order of court; damages
- Section 22-3-26 - Surface-mining operations not subject to article
- Section 22-3-27 - Leasing of lands owned by state for surface mining of coal
- Section 22-3-28 - Special permits authorization for reclamation of existing abandoned coal processing waste piles; coal extraction pursuant to a government-financed reclamation contract; coal extraction as an incidental part of development of land for commercial, residential, industrial or civic use; no cost reclamation contract
- Section 22-3-29 - Experimental practices
- Section 22-3-30 - Certification and training of blasters
- Section 22-3-30a - Blasting requirements; liability and civil penalties in the event of property damage
- Section 22-3-31 - Conflict of interest prohibited; criminal penalties therefor; employee protection
- Section 22-3-32 - Special tax on coal production; mines and minerals operations fund
- Section 22-3-32a - Special tax on coal; clarification of imposition of tax; procedures for collection and administration of tax
- Section 22-3-33 - Attorney fees and costs
- Section 22-3-34 - Office of explosives and blasting terminated; transfer of functions; responsibilities, personnel and assets
- Section 22-3-35 - Legislative rules on surface-mining blasting; disciplinary procedures for certified blasters
- Section 22-3-36 - Claims process for blasting
- Section 22-3-37 - Rules, orders and permits to remain in effect regarding blasting; proceedings not affected
- Section 22-3-38 - Transfer of personnel and assets
- Section 22-3-39 - Benefits derived from substances separated by treatment of pollution from mine drainage in the waters of the state; applicability