West Virginia Code 22-21-28 – Penalties
(a) Any person who violates any term or condition of a permit issued under this article, and the violation is found by the chief or review board to have rendered unmineable all or a portion of a workable coal seam, is subject to civil penalties, to be imposed and collected by the chief or review board in an amount not to exceed the reasonably expected net profit lost to the coal owner as a result. All penalties collected shall be transferred to the special reclamation fund as provided by section twenty-nine, article six of this chapter.
Terms Used In West Virginia Code 22-21-28
- Chief: means the chief of the office of oil and gas of the Division of Environmental Protection provided for in section eight, article one of this chapter. See West Virginia Code 22-21-2
- Coal owner: means any person who owns or leases a coal seam. See West Virginia Code 22-21-2
- coal seam: means a seam of coal, whether workable or unworkable, and the noncoal roof and floor of said seam of coal. See West Virginia Code 22-21-2
- Conviction: A judgement of guilt against a criminal defendant.
- Director: means the director of the Division of Environmental Protection. See West Virginia Code 22-21-2
- Person: means any natural person, corporation, firm, partnership, partnership association, venture, receiver, trustee, executor, administrator, guardian, fiduciary, other representative of any kind, any recognized legal entity, or political subdivision or agency thereof. See West Virginia Code 22-21-2
- Review board: means the West Virginia coalbed methane review board which shall be comprised of the members of the West Virginia shallow gas well review board provided for in article eight, chapter . See West Virginia Code 22-21-2
(b) Any person who violates any provision of this article, any of the rules promulgated by the chief or review board or any order of the chief or review board other than a violation governed by the provisions of subsection (c) of this section, is guilty of a misdemeanor, and, upon conviction thereof, shall be fined not more than $1,000.
(c) Any person who, with the intention of evading any provision of this article, any of the rules promulgated by the chief or any order of the chief or review board, who makes or causes to be made any false entry or statement in any application or other document permitted or required to be filed under the provisions of this article, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not more than $5,000, or imprisoned in the county jail not more than six months, or both fined and imprisoned.
(d) Any person who knowingly aids or abets any other person in the violation of any provision of this article, any of the rules promulgated hereunder or any order or final decision of the chief or review board or director, shall be subject to the same penalty as that prescribed in this article for the violation by such other person.