COALEX REPORT 31

	Coalex Report 31

This is the Office of Surface Mining's library of COALEX Research Reports. COALEX is a database of mining and reclamation information, including the Surface Mining Law and regulations, maintained in LEXIS-NEXIS -- a commercial, on-line research service. These reports have been compiled under a cooperative agreement between the Office of Surface Mining and the Interstate Mining Compact Commission, which represents most U.S. coal producing states. The following report includes an analysis of a specific issue requested by a state regulatory authority with responsibility for carrying out the Surface Mining Law. Copies of the research reports and attachments are available to the public, upon request. For additional information, or to obtain copies of the listed attachments, contact Ron Tarquinio by phone at (202) 208-2882 or by e-mail at rtarquin@osmre.gov.

                   

COALEX STATE INQUIRY REPORT - 31
January 4, 1984

Gayle Townley
Deputy Chief Mine Inspector
Department of Mines
4040 N. Lincoln, Suite 107
Oklahoma City, Oklahoma 73105

TOPIC: OPERATOR CERTIFICATION FOR UNDERGROUND MINING; BONDING COSTS; STATE
CIVIL PENALTY DATA; AND NOV VARIANCE.

INQUIRY: (1) Has understanding some states did not require superintendent certification papers
for underground mine operation.  Oklahoma requires superintendent certification for every mine
site.  What states do not require superintendent certification?  (2) Has understanding that OSM
has contracted a study on average bonding costs in each state.  Oklahoma is supplying figures for
the study, are other states required to supply figures?  (3) Oklahoma's civil penalty assessment is
considered high.  Need information concerning other states civil penalty data.  (4) What states
have variance with regard to NOV's (violations)?

SEARCH RESULTS: See below.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

(1) Contacted several states (Colorado, Wyoming, West Virginia, Kentucky, Illinois and Arkansas)
and the Mine Safety Health Administration (MSHA) concerning operator certification requirements
to operate an underground mine.  Survey concluded that any specific requirements for
underground mining operations are regulated by the individual states.  West Virginia's
requirements are comparable to Oklahoma.  Illinois has an extensive background in mine safety
requirements and will be available to explain their procedures.

(2) OSM reported that East Tennessee State is presently working on a basic nationwide
information survey, i.e., number of mines, bonds per acre, etc. -- a gross statistical survey.  It is
not a states comparison survey and the information is on a voluntary basis.  The survey will be
available for distribution in approximately a month.  Chuck Meyers, at OSM, is coordinating the
survey and is available for further details.

(3) The IMCC distributed a questionnaire in 1984 for states' civil penalty system data.  Most of
the states are in line with OSM's point system with the exception of Ohio and Pennsylvania.  A
copy of the questionnaire and several states' reports are enclosed: Indiana, Ohio, Alabama,
Kentucky, Virginia, New Mexico, Pennsylvania, Louisiana, Illinois.

(4) No state has been identified as having received a variance with regard to NOV's.


Search conducted by: Betty Chambers

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