Form Dmm 60C – Fill Out and Use This PDF

DMM-60C	Region _________
	COID __________

State of West Virginia

Office of Miners’ Health, Safety and Training

1615 Washington Street, East

Charleston, West Virginia 25311-2126

Website: www.wvminesafety.org

CERTIFICATE OF APPROVAL

for Independent Contractors on Mine Site

Company Name _________________________________________________________________________________________

West Virginia Permit Number____________________________ MSHA ID Number ____________________________

Mailing Address ________________________________________________________________________________________

________________________________________________________________________________________

City	State	ZIP
Telephone Number ( ) _____________________________	Email (for Official Use Only) ________________________

Having complied with Statutory requirements set forth in WV Code Chapter 22A, Article 2, Section 63, the above named contractor has the right to provide the following services at mine sites in the State of West Virginia:

Site Preparation ______		Drainage	_______
Construction	_______	Maintenance	_______
Electrical	_______	Explosives	_______
Reclamation	_______	Trucking	_______
Other	_______ If Other, please describe ____________________________________________________

NOTE: A copy of this Certificate of Approval must be available at all mine sites where the above name contractor is providing services.

____________________________________________

Contractor Signature
____________________________________________	__________________________
DIRECTOR OR AUTHORIZED REPRESENTATIVE	Date of Approval
Office of Miners’ Health, Safety and Training

NOTE: $100.00 Non-Refundable, Non-Transferable permit fee

PERMITS ARE VALID ONLY FOR CALENDAR YEAR (JAN. THROUGH DEC.) AND MUST BE RENEWED EACH JANUARY.

		FOR OFFICE USE ONLY
Distribution: Original – Contractor		Green/Yellow – Charleston file	Pink/Goldenrod – Regional
Office
_____	Comprehensive Mine Safety Program - Anniversary Date ___________________________
_____	LOOKBLOCK
_____	Exemptions to DOL _______________________________
_____	Workers Compensation ___________________________		Rev. 5/06
_____	Bureau of Employment Programs

22A-3-35

Applicability and enforcement of laws safeguarding life and property; regulations authority of Office of Miner’s Health, Safety and Training regarding enforcing safety laws.

All provisions of the mining laws of this state intended to safeguard life and property shall extend to all surface mining operations insofar as such laws are applicable thereto. The Director shall promulgate reasonable regulations in accordance with the provisions of chapter twenty-nine-a of this code to protect the safety of those employed in and around surface mines. The enforcement of all laws and regulations relating to the safety of those employed in and around surface mines is hereby vested in the Office of Miner’s Health, Safety and Training and shall be enforced according to the provisions of chapter twenty-two-a of this code.

22A-2-63

No mine to be opened or reopened without prior approval of the director of the office of miners’ health, safety and training; certificate of approval; approval fees; extension of certification of approval; certificates of approval not transferable; section to be printed on certificates.

(a)After the first day of July, one thousand nine hundred seventy-one, no mine shall be opened or reopened unless prior approval has been obtained from the director of the Office of Miners’ Health, Safety and Training, which approval shall not be unreasonably withheld. The operator shall pay for such approval a fee of one hundred dollars, which payment shall be tendered with the application for such approval: Provided, that mines producing coal solely for the operator’s use shall be issued a permit without charge if coal production will be less than fifty tons a year.

Within thirty days after the first day of January of each year, the holder of such permit to open a mine shall apply for the extension of such permit for an additional year. Such permit, evidenced by a document issued by the director, shall be granted as a matter of right for a fee of one hundred dollars if, at the time such application is made, the permit holder is in compliance with the provisions section seventy-seven of this article and has paid or otherwise appealed all coal mine assessments issued to the mine if operated by the permit holder and imposed under article one-a, chapter twenty-two-a of this code. Applications for extension of such permits not submitted within the time required shall be processed as an application to open or reopen a mine and shall be accompanied by a fee of one hundred dollars.

(b)Permits issued pursuant to this section shall not be transferable.

(c)If the operator of a mine is not the permit holder as defined in subsection (a) above, then such operator must apply for and obtain a certificate of approval to operate the mine on which the permit is held prior to commencing operations. An operator who is not the permit holder operating such mine on the effective date of this section must apply for a certificate of approval on or before the first day of July, one thousand nine hundred ninety-three. The operator shall pay a fee of one hundred dollars, which payment shall be tendered with the application for approval. Such approval, evidenced by a certificate issued by the director, shall be granted if, at the time such application is made, the applicant is in compliance with the provisions of section seventy-seven of this article and has paid or otherwise appealed all coal mine assessments imposed on such applicant for the certificate of approval under article one-a, chapter twenty-two-a of this code.

(d)In addition to the authority to file a petition for enforcement under subdivision (4), subsection (a), section nineteen, article one-a, chapter twenty-two-a of this code, if an operator holding a certificate of approval issued pursuant to subsection (c) of this section, against whom a civil penalty is assessed in accordance with section nineteen, article one-a, chapter twenty-two-a of this code, and implementing regulations, and which had become final, fails to pay the penalty within the time prescribed in such order, the director or the authorized representative of the director, by certified mail, return receipt requested, shall send a notice of such operator advising the operator of the unpaid penalty. If the penalty is not paid in full within sixty days from the issuance of the notice of delinquency by the director, then the director may revoke such operator’s certificate of approval; Provided, that such operator to whom the delinquency notice is issued shall have thirty days from the receipt thereof to request, by certified mail, return receipt requested, a public hearing held in accordance with the procedures of section fifteen, article one-a, chapter twenty-two-a of this code, and implementing regulations, including application for temporary relief. Once such operator’s certificate of approval is revoked pursuant to this subsection, such operator shall be prohibited from obtaining any certificate of approval under the provisions of this section to operate any other mine until such time as that operator pays the delinquent penalties that have become final.

(e)Every firm, corporation, partnership or individual that contracts to perform services or construction at a coal mine shall be deemed to be an operator and beginning the first day of January, one thousand nine hundred ninety-five, must apply for and obtain a certificate of approval prior to commencing operations: Provided, that such persons shall only be required to obtain one certificate annually: Provided, however, that persons such as, but not limited to, consultants, mine vendors, office equipment suppliers, and maintenance and delivery personnel are excluded from this requirement. Any such operator shall pay a fee of one hundred dollars, which shall be tendered with the application for approval. Such approval, evidenced by a certificate issued by the director, shall be granted if, at the time such application is made, applicant has paid or otherwise appealed all coal mine assessments imposed on such applicant under article one-a, chapter twenty-two-a, of this code.

Within thirty days after the first day of January of each year, the holder of such certification of approval shall apply for the extension of such approval for an additional year. Applications for extension must be accompanied by a fee of one hundred dollars. An extension shall be granted if, at the time such application is made, the applicant has paid or otherwise appealed all coal mine assessments imposed on such applicant under article one-a, chapter twenty-two-a of this code. All delinquent assessments which have been imposed upon a certificate of approval holder or applicants under this section shall not be imposed upon any permit holder or certificate of approval holder or applicants under this section shall not be imposed upon any permit holder or certificate of approval holder or any applicant pursuant to subsection (a) or (c) of section sixty-three.

(f) The provisions of this section shall be printed on the reverse side of every permit issued under subsection (a) and certificate of approval issued under subsection

(b) herein.

(g) The district mine inspector shall be contacted for a pre-inspection of the area proposed for underground mining prior to the issuance of any new opening

approval.