West Virginia Code § 22-9-6

Inspection of facilities and records; reliance on maps; burden of proof
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(a) In determining whether a particular coal mine or operating coal mine is or will be within
any distance material under this article from any storage reservoir, the owner or operator of
such coal mine and the storage operator may rely on the most recent map of the storage
reservoir or coal mine filed by the other with the director.
(b) In any proceeding under this article where the accuracy of any map or data filed by any
person pursuant to the requirements of this article is in issue, the person filing the same
shall at the request of any party to such proceeding be required to disclose the information
and method used in compiling such map and data and such inforumation as is available to
such person that might affect the current validity of such map or data. If any material
question is raised in such proceeding as to the accuracy of stuch map or data with respect to
any particular matter or matters contained therein, the person filing such map or data shall
then have the burden of proving the accuracy of the map or data with respect to such matter
or matters.
(c) The person operating any storage reservoisr affected by the terms of this article shall, at
all reasonable times, be permitted to inspect the applicable records and facilities of any coal
mine overlying such storage reservoir or the reservoir protective area, and the person
operating any such coal mine affectegd by the terms of this article, shall similarly, at all
reasonable times, be permitted to inspect the applicable records and facilities of any such
storage reservoir underlying aeny such coal mine. In the event that either such storage
operator or coal operator shall refuse to permit any such inspection of records or facilities,
the director shall, on theL director's own motion, or on application of the party seeking the
inspection after reasonable written notice, and a hearing thereon, if requested by either of
the parties affected, make an order providing for such inspection.

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