West Virginia Code 22-4-7 – Denial of quarry permit
(a) The director may deny a permit application, modification or transfer for one or more of the following reasons:
Terms Used In West Virginia Code 22-4-7
- Director: means the director of the Division of Environmental Protection and his or her authorized agents. See West Virginia Code 22-4-3
- Judgment: includes decrees and orders for the payment of money, or the conveyance or delivery of land or personal property, or some interest therein, or any undertaking, bond or recognizance which has the legal effect of a judgment. See West Virginia Code 2-2-10
- Permit area: means the area of land indicated on the approved map submitted by the permittee and designated in the permit including the location of end strip markers, permit markers and monuments. See West Virginia Code 22-4-3
- Person: means any individual, partnership, firm, society, association, trust, corporation, other business entity or any agency, unit or instrumentality of federal, state or local government. See West Virginia Code 22-4-3
- Quarrying: means any breaking of the ground surface in order to facilitate the extraction of minerals. See West Virginia Code 22-4-3
- Reclamation: means returning disturbed areas to a stable condition which does not create health or safety hazards or adverse environmental impact, and when appropriate or required by permit, returning disturbed quarry areas to a designated postmining land use. See West Virginia Code 22-4-3
- State: when applied to a part of the United States and not restricted by the context, includes the District of Columbia and the several territories, and the words "United States" also include the said district and territories. See West Virginia Code 2-2-10
(1) Any requirement of federal or state environmental law, rule or regulation would be violated by the proposed permit.
(2) The proposed quarry operation will be located in an area in the state which the director finds ineligible for a permit pursuant to section eight.
(3) The applicant or any person required to be listed on the application pursuant to section five of this article has not corrected all violations of any prior permit issued pursuant to this article which resulted in:
(A) Revocation of a permit;
(B) Cessation of the operation by order of the director;
(C) Forfeiture of all or part of the permit bond or other surety; or
(D) A court order issued against the applicant related to mining or quarrying;
(E) The applicant or any person required to be listed on the application pursuant to section five of this article has not paid all fines or fees assessed by the agency or by court judgment imposed pursuant to the provisions of this article.
(b) An applicant whose application for a permit, modification or transfer was denied may petition the director for review of the denial decision. The director, in his or her discretion, may approve an application which was previously denied because of a past permit revocation or forfeiture if the person whose permit was revoked or bond forfeited pays into the abandoned quarry reclamation fund an amount determined by the director as adequate to reclaim the area disturbed under the prior permit or completes reclamation of site upon which the permit or bond was revoked or forfeited, and demonstrates to the director's satisfaction that he or she will comply with this article and rules promulgated thereunder.
(c) The director may approve a portion of a permit area upon a finding that approval of the entire permit area would otherwise be denied pursuant to the provisions of this section.