West Virginia Code § 22-4-27

Exception for certain existing quarries
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(a) Quarries that are in operation on or before the effective date of this article, shall comply
with the following:
(1) Within two years of the effective date of this article, all quarry operations shall submit to
the director a quarrying and reclamation plan to bring the facility into compliance with the
requirements of this article and any rules promulgated thereunder. These quarrying and
reclamation plans shall include a reasonable schedule, based on site specific conditions and
the nature of the quarry operation, to allow a transitional time period to bring the operation
into compliance with current reclamation standards. Quarry areaus that are disturbed on the
effective date of this article are exempt from further reclamation requirements. For the
purpose of this section, disturbed areas include existing hightwalls and all material vertically
below the surface of the area disturbed.
(2) Preblast survey and blasting plan requirements as provided for existing quarries as
provided by section twelve of this article. l
(3) Groundwater protection monitoring required by section fourteen of this article will not be
required if the director verifies the operatoir's certification that no groundwater problems at
the quarry have occurred in the pregvious five years.
(b) The exclusions of this section are also applicable to quarries permitted on or before the
effective date of this article and consolidated or renewed pursuant to subsection (f) of
section five of this article.
(c) Quarries in operation as of the effective date of this article for the past five years without
a serious permit viola tion, shall participate in the bond pooling fund created in section
twenty-two ofV this article. All other operations shall comply with the bonding requirements
of section twenty of this article.

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