West Virginia Code 22-9-6 – Inspection of facilities and records; reliance on maps; burden of proof
(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.
Terms Used In West Virginia Code 22-9-6
- coal mine: means those operations in a coal seam which include the excavated and abandoned portions as well as the places actually being worked. See West Virginia Code 22-9-1
- Director: means the Secretary of the Department of Environmental Protection or his or her designee. See West Virginia Code 22-1-2
- operating coal mine: means : (a) A coal mine which is producing coal or has been in production of coal at any time during the twelve months immediately preceding the date its status is put in question under this article and any worked out or abandoned coal mine connected underground with or contiguous to such operating coal mine as herein defined. See West Virginia Code 22-9-1
- person: means any individual, association, partnership or corporation. See West Virginia Code 22-9-1
- reservoir protective area: means all of that area outside of and surrounding the storage reservoir boundary but within two thousand linear feet thereof. See West Virginia Code 22-9-1
- storage operator: means any person as herein defined who proposes to or does operate a storage reservoir, either as owner or lessee. See West Virginia Code 22-9-1
- storage reservoir: means that portion of any subterranean sand or rock stratum or strata into which gas is or may be injected for the purpose of storage or for the purpose of testing whether said stratum is suitable for storage. See West Virginia Code 22-9-1
(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 information 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 such 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 reservoir 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 affected 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 any 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 the 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.