Current through Register Vol. XLI, No. 45, November 8, 2024
Section 47-30-1 - General1.1. Scope. -- This rule establishes requirements implementing the powers, duties, and responsibilities of W. Va. Code § 22-11-1 with respect to all coal mines and preparation plants and all refuse and waste therefrom in the State.1.2. Authority. -- W. Va. Code § 22-11-4(a)(16)1.3. Filing Date. -- April 30, 20151.4. Effective Date. -- July 1, 20151.5. Applicability. -- This rule applies to all facilities covered under the "West Virginia Surface Coal Mining and Reclamation Act."1.6. Incorporation by Reference. -- Whenever federal statutes or regulations are incorporated into this rule, the reference is to the statute or regulation in effect on July 1, 2006.1.7. Promulgation History. -- This rule originally became effective on May 30, 1985. Amendments to this rule were made effective on April 24, 1986; May 29, 1987; May 15, 1997; June 1, 2004; July 1, 2009; and July 1, 2013.1.8. Conflict of Interest. -- The Secretary or his or her authorized representative who has or shares authority to approve all or portions of permits, either in the first instance or as modified and reissued, shall not be a person who receives or has during the previous two (2) years received, a significant portion of income directly or indirectly from permit holders or applicants for a permit. 1.8.a. For the purposes of this paragraph: 1.8.a.1. "Significant portion of income" means five thousand dollars ($5,000) or ten percent (10%) or more of gross personal income for a calendar year, whichever is less, except that it means fifty percent (50%) or more of gross personal income for a calendar year if the recipient is over sixty (60) years of age and is receiving that portion under retirement, pension or similar arrangement.1.8.a.2. "Permit holders or applicants for a permit" does not include any department or agency of the State.1.8.a.3. "Income" includes retirement benefits, consultant fees, and stock dividends.1.8.a.4. Income is not received "directly or indirectly from permit holders or applicants for a permit" when it is derived from mutual fund payments or from other diversified investments for which the recipient does not know the identity of the primary sources of income.