W. Va. Code § 33-61-3
For purposes of this article, the term:
"Commissioner" means the Insurance Commissioner as provided in §33-2-1 of this code.
"Company" means the Mining Mutual Insurance Company created pursuant to the terms of this article.
"Operator" has the same meaning as provided in §22-3-3 of this code and means any person who is granted or who should obtain a permit to engage in any activity covered by §22-3-1, et seq. of this code and any rule promulgated pursuant thereto and includes any person who engages in surface mining or surface mining and reclamation operations, or both. The term shall also be construed in a manner consistent with the federal program pursuant to the federal Surface Mining Control and Reclamation Act of 1977, as amended.
W. Va. Code § 33-61-3