West Virginia Code of State Rules Agency 199 - Explosives And Blasting
Here’s a clearer and up-to-date summary of West Virginia’s Code of State Rules 199 CSR 1 (“Explosives and Blasting”) under Agency 199 — Department of Environmental Protection, Office of Explosives and Blasting (effective July 1, 2008; current through March 21, 2025) (law.cornell.edu):
📌 Key Sections in 199 CSR 1
§ 199‑1‑1 General
Sets the statutory authority and scope: applies to all blasting activities under WV Code § 22‑3 and § 22‑3A (dep.wv.gov).
§ 199‑1‑2 Definitions
Clarifies core terms—e.g., active blasting experience (240 days = 1 year), blaster, air blast, blasting log (law.cornell.edu).
§ 199‑1‑3 Blasting
Outlines requirements for blasting operations, including:
Blasting plans (vibration limits, geologic factors, public notification)
Monitoring & recordkeeping (seismographs, logs retained for 3 years)
Public notice (10–30 days advance, mail & publication)
Daytime-only blasting windows; restrictions near structures and underground mines (dep.wv.gov).
§ 199‑1‑4 Certification of Blasters
Details certification process: must be ≥21 years old, 1 year of experience, pass exam (80%), recertified every 3 years, fitness criteria, reciprocity provisions .
§ 199‑1‑5 & § 199‑1‑6 Blasting Damage Claims & Arbitration
Procedures for property damage claims and binding arbitration between landowners and operators .
§ 199‑1‑7 Explosive Material Fee
Fees based on quantity of explosives used (quarterly remittance), dedicated to DEP blasting program and coalfield community fund (dep.wv.gov).
§ 199‑1‑8 Inspections
Details inspection authorities, notices of violation/cessation, penalties, enforcement timelines .
§ 199‑1‑9 Surface Mine Board
Governs appeals, hearings, and oversight by the Surface Mine Board (law.cornell.edu).
🔍 Historical & Regulatory Context
199 CSR 1 was approved by OSM in December 2000 under SMCRA (federalregister.gov).
In 2020, WVDEP consolidated blasting enforcement into the Division of Mining and Reclamation, with CSR 199‑1 provisions remaining effective (federalregister.gov).
🗂️ Where to Find the Full Text
Official PDF via WVDEP: "TITLE 199 CSR 1 — Surface Mine Blasting" (May 2020 version) (dep.wv.gov).
LII/Cornell Law provides a webpage with all § 199‑1‑1 through § 199‑1‑9 text (law.cornell.edu).
Justia also publishes current text (through March 2025) .
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