Wyoming
Mining Claims Statutes
TITLE
30
MINES
AND MINERALS
CHAPTER
1
GENERAL
PROVISIONS
30-1-101.
Recording mining claims required; requisites of certificate.
(a)
A discoverer of any mineral lead, lode, ledge or vein shall,
within sixty (60) days from the date of discovery, cause the
claim to be recorded in the office of the county clerk and ex
officio register of deeds of the county within which the claim
may exist, by a location certificate which shall contain the
following facts:
(i)
The name of the lode claim;
(ii)
The name or names of the locator or locators;
(iii)
The date of location;
(iv)
The length of the claim and the general course of the vein as
far as it is known;
(v)
The amount of surface ground claimed;
(vi)
A description of the claim by such designation of natural or
fixed object, or if upon ground surveyed by the United States
system of land survey, by reference to section or quarter
section corners, as shall identify the claim beyond question.
30-1-102.
Imperfect certificates void.
Any
certificate of the location of a lode claim which shall not
fully contain all the requirements named in the preceding
section [§ 30-1-101], together with such other description as
shall identify the lode or claim with reasonable certainty,
shall be void.
30-1-103.
Prerequisites to filing location certificates.
(a)
Before the filing of a location certificate in the office of the
county clerk and ex officio register of deeds, the discoverer of
any lode, vein or fissure shall designate the location thereof
as follows:
(i)
Repealed by Laws 1981, ch. 91, §2.
(ii)
By posting at the point of discovery, on the surface, a plain
sign or notice, containing the name of the lode or claim, the
name of the discoverer and locator, and the date of such
discovery;
(iii)
By marking the surface boundaries of the claim, which shall be
marked by six (6) substantial monuments of stone or posts, hewed
or marked on the side or sides, which face is toward the claim,
and sunk in the ground, one (1) at each corner, and one (1) at
the center of each side line, and when thus marking the
boundaries of a claim, if any one (1) or more of such posts or
monuments of stone shall fall, by necessity, upon precipitous
ground, when the proper placing of it is impracticable or
dangerous to life or limb, it shall be lawful to place any such
post or monument of stone at the nearest point properly marked
to designate its right place; provided, that no right to such
lode or claim or its possession or enjoyment, shall be given to
any person or persons, unless such person or persons shall
discover in said claim mineral bearing rock in place.
30-1-104.
Additional location certificate to be filed upon change of
surface boundaries or addition of new territory.
Whenever
it shall be apprehended by the locator, or his assigns, of any
mining claims or property heretofore or hereafter located, that
his or their original location certificate was defective,
erroneous, or that the requirements of the law had not been
complied with before the filing thereof, or shall be desirous of
changing the surface boundaries of his or their original claim
or location, or of taking in any part of an overlapping claim or
location which has been abandoned, such locator or locators, or
his or their assigns, may file an additional location
certificate in compliance with and subject to the provisions of
this act [§§ 30-1-101 through 30-1-126]; provided, however,
that such relocation shall not infringe upon the rights of
others existing at the time of such relocation, and that no such
relocation, or other record thereof, shall preclude the claimant
or claimants from proving any such title or titles as he or they
may have held under any previous location.
30-1-105.
Location certificates shall describe but 1 claim.
No
location certificate shall contain more than one (1) claim or
location, whether the location be made by one (1) or more
locators, and any location certificate that contains upon its
face more than one (1) location claim shall be absolutely void,
except as to the first location named and described therein, and
in case more than one (1) claim or location is described
together so that the first one (1) cannot be distinguished from
the others, the certificate of location shall be void as an
entirety.
30-1-106.
Repealed by Laws 1981, ch. 91, § 2.
30-1-107.
Repealed by Laws 1981, ch. 91, § 2.
30-1-108.
Locators' rights of possession and enjoyment; "mineral
boundaries" defined.
The
locators of all mining locations heretofore made, or which shall
hereafter be made, on any mineral vein, lode or ledge, situated
on the public domain, their heirs and assigns, shall have the
exclusive right of possession and enjoyment of all the surface
included within the lines of their locations, and of all veins,
lodes and ledges throughout their entire depth, the top or apex
of which lies inside of surface lines extended downward
vertically although such veins, lodes, or ledges may so far
depart from a perpendicular in their course downward as to
extend outside the vertical side lines of such surface
locations. But their right of possession to such outside parts
of such veins or ledges shall be confined to such portions
thereof as lie between vertical planes drawn downward as above
described, through the end lines of their locations, so
continued in their own direction that such planes will intersect
such exterior parts of such veins or ledges. And nothing in this
section shall authorize a locator or possessor of a vein or lode
which extends in it downward course beyond the vertical lines of
his claim to enter upon the surface of a claim owned or
possessed by another.
30-1-109.
Relocation of abandoned claims.
Any
abandoned lode, vein or strata claim may be relocated and the
relocation shall be perfected by fixing new boundaries in the
same manner as provided for the location of a new claim. The
relocator shall erect new or adopt the old boundaries, renewing
the posts or monuments of stone if removed or destroyed and fix
a new location stake. The location certificate of an abandoned
claim may state that the whole or any part of the new location
is located as an abandoned claim.
30-1-110.
Location certificate for placer claims.
(a)
Hereafter the discoverer of any placer claim shall, within
ninety (90) days after the date of discovery, cause such claim
to be recorded in the office of the county clerk and ex officio
register of deeds of the county within which such claim may
exist, by filing therein a location certificate, which shall
contain the following:
(i)
The name of the claim, designating it as a placer claim;
(ii)
The name or names of the locator or locators thereof;
(iii)
The date of location;
(iv)
The number of feet or acres thus claimed;
(v)
A description of the claim by such designation of natural or
fixed objects as shall identify the claim beyond question.
(b)
Before filing such location certificate, the discoverer shall
locate his claim:
(i)
By securely fixing upon such claim a notice in plain painted,
printed or written letters, containing the name of the claim,
the name of the locator or locators, the date of the discovery,
and the number of feet or acres claimed;
(ii)
By designating the surface boundaries by substantial posts or
stone monuments at each corner of the claim.
30-1-111.
Assessment work for placer claims; character and kind.
For
every placer claim, assessment work, as hereinafter provided,
shall be done during each and every year after the first day of
September following the date of location. Such assessment work
shall consist in manual labor, permanent improvements made on
the claim in buildings, roads or ditches made for the benefit of
working such claims, or after any manner, so long as the work
done accrues to the improvement of the claim, or shows good
faith and intention on the part of the owner or owners and their
intention to hold possession of said claim.
30-1-112.
Assessment work for placer claims; amount of work required;
suspension by act of congress.
On
all placer claims heretofore or hereafter located in this state
not less than one hundred dollars ($100.00) worth of assessment
work shall be performed during each year from the first day of
July after the date of location provided that whenever annual
assessment work required by United States laws be suspended by
act of congress such assessment work required by this section
shall be suspended for the year or years stated in the act of
congress.
30-1-113.
Assessment work for placer claims; upon contiguous claims.
When
two (2) or more placer mining claims lie contiguous and are
owned by the same person, persons, company or corporation, the
yearly expenditure of labor and improvements required on each of
such claims may be made upon any one (1) of such contiguous
claims if the owner or owners shall thus prefer.
30-1-114.
Assessment work for placer claims; effect of failure to perform.
Upon
failure of the owners to do or have done the assessment work
required within the time above stated, such claim or claims upon
which such work has not been completed, shall thereafter be open
to relocation on or after the first day of July of any year
after such labor or improvements should have been done, in the
same manner and on the same terms as if no location thereof had
ever been made; provided, that the original locators, their
heirs, assigns or legal representatives have not resumed work
upon such claim or claims after failure, and before any
subsequent location has been made.
30-1-115.
Assessment work; rental fee; affidavit required upon completion
or payment.
Upon
completion of the required assessment work or payment of the
annual claim rental fee as required by federal law for any
mining claim, the owner or owners or agent of such owner or
owners shall cause to be made by some person cognizant of the
facts, an affidavit setting forth that the required amount of
work was done or rental fee paid, which affidavit shall within
sixty (60) days of the completion of the work or payment of the
fee, be filed for record, and shall thereafter be recorded in
the office of the county clerk and ex officio register of deeds
of the county in which the said claim is located.
30-1-116.
Patents to placer claims.
When
any person, persons or association, they and their grantors,
have held and worked their placer claims in conformance with the
laws of this state and the regulations of the mining district in
which such claim exists, if such be organized, for five (5)
successive years after the first day of September succeeding the
date of location, then such person, persons or association, they
and their grantors, shall be entitled to proceed to obtain a
patent for their claims from the United States without
performing further work; but where such person, persons or
association, they or their grantors, desire to obtain a United
States patent before the expiration of five (5) years from the
date hereinbefore mentioned, they shall be required to expend at
least five hundred dollars' ($500.00) worth of work upon a
placer claim.
30-1-117.
Use of water.
Whenever
any person, persons or corporation, shall be engaged in mining
or milling in this state, and in the prosecution of such
business shall hoist or bring water from mines or natural water
courses, such person, persons or corporation shall have the
right to use such water in such manner, and direct it into such
natural course or gulch as their business interests may require;
provided, that such diversion shall not infringe on vested
rights. The provisions of this section shall not be construed to
apply to new or undeveloped mines, but to those only which shall
have been open and require drainage or other direction of water.
30-1-118.
Mining claims subject to right-of-way; construction of ditch or
flume.
All
mining claims or property now located, or which may hereafter be
located within this state, shall be subject to the right-of-way
of any ditch or flume for mining purposes, or of any tramway,
pack-trail or wagon road, whether now in use, or which may
hereafter be laid out across any such location, claim or
property; provided, always, that such right-of-way shall not be
exercised against any mining location, claim or property duly
made and recorded as herein required, and not abandoned prior to
the establishment of any such ditch, flume, tramway, pack-trail
or wagon road, without the consent of the owner or owners,
except in condemnation, as in the case of land taken for public
highways. Consent to the location of the easement above
enumerated over any mineral claim, location or property, shall
be in writing; and provided, further, that any such ditch or
flume shall be so constructed that water therefrom shall not
injure vested rights by flooding or otherwise.
30-1-119.
Protection of surface proprietors.
Where
a mining right exists in any case and is separate from the
ownership or right of occupancy to the surface, such owner or
rightful occupant of the said surface may demand satisfactory
security from the miner or miners, and if such security is
refused, such owner or occupant of the surface may enjoin the
miner or miners from working such mine until such security is
given. The order for such injunction shall fix the amount of the
bond therefor.
30-1-120.
Repealed by Laws 1982, ch. 75, § 5; 1983, ch. 171,. § 3.
30-1-121.
Repealed by Laws 1982, ch. 75, § 5; 1983, ch. 171,. § 3.
30-1-122.
Defrauding, cheating or swindling by "salting".
Any
person or persons who shall defraud, cheat, swindle or deceive
any party or parties in relation to any mine or mining property
by "salting," or by placing or causing to be placed in
any lode, placer or other mine, any genuine metals or material
representing genuine minerals, which are designed to cheat and
deceive others, for the purpose of gain, whereby others shall be
deceived and injured by such, shall be guilty of a felony, and
upon conviction thereof shall be fined in a penal sum of not
less than fifty dollars ($50.00), or imprisoned in the
penitentiary for not more than three (3) years, or both, in the
discretion of the court.
30-1-123.
Protection of livestock from mining shafts.
Every
person, persons, company or corporation, who have already sunk
mining shafts, pits, holes, inclines, upon any mining claim, or
upon any mineral property, ground or premises, or who may
hereafter sink such openings aforesaid, shall forthwith secure
such shafts and openings against the injury or destruction of
livestock running at large upon the public domain, by securely
covering such shafts and other openings as aforesaid, in a
manner to render them safe against the possibility of livestock
falling into them or in any manner becoming injured or destroyed
thereby; or by forthwith making a strong, secure and ample fence
around such shafts and other openings aforesaid. Any person,
persons, corporation or company who shall fail or refuse to
fully comply with the provisions of this section shall be guilty
of a misdemeanor, and on conviction thereof shall be subject to
imprisonment in a county jail for not more than ninety (90) days
or fine of not more than one hundred dollars ($100.00) or both
such imprisonment and fine in the discretion of the court
imposing sentence. Any person, persons, corporation or company
who shall fail or refuse to fully comply with the provisions of
this section shall also be liable to the owner thereof for any
damages sustained by injury or loss of livestock thereby.
30-1-124.
Length of lode claim.
The
length of any lode mining claim located within Wyoming, shall
not exceed fifteen hundred (1,500) feet measured horizontally
along such lode or vein. Nor can the regulations of any mining
district limit a location to less than this length.
30-1-125.
Width of lode claim.
The
width of any lode claim located within Wyoming shall not exceed
three hundred (300) feet on each side of the discovery shaft,
the discovery shaft being always equally distant from the side
lines of the claims. Nor can any mining district limit the
location to a width of less than one hundred fifty (150) feet on
either side of the discovery shaft.
30-1-126.
W.S. 30-1-101 through 30-1-126 not applicable to coal mines.
Nothing
in this act [§§ 30-1-101 through 30-1-126] shall apply to the
working of coal mines.
30-1-127.
Charge for assays at university.
Hereafter
the charge for making assays or tests for silver, gold, copper
and lead at the University of Wyoming shall be in accordance
with a fee schedule established by the university for charges to
any resident of the state.
30-1-128.
Construction or operation of railroads or roads by mining
companies.
Any
corporation or association of persons organized under this
article or under the laws of any other state and doing business
in this state, now or hereafter engaged in mining gold or silver
bearing quartz rock, coal, lead, iron, copper or other
materials, may construct or operate a railroad, tramway road or
wagon road from their said mine or mines, to any point or points
desired by them, and shall have the exclusive right-of-way to
the line of their road over the unoccupied public domain for the
space of not exceeding one hundred (100) feet on either side
thereof, and also, the exclusive possession at the termini of
their said road, and at such intermediate points as may be
required, for depots, buildings, turntables, water tanks,
machine shops and other necessary appurtenances of a railroad,
and said corporation or association of persons may file a survey
or diagram of such line of road with the lands claimed by them
on either side thereof, and also the land claimed at the termini
aforesaid, with the secretary of state, and it shall not be
lawful for any person or persons to construct any road or erect
any buildings or otherwise interfere with the possession of the
land so indicated in the survey or diagram as filed aforesaid,
and a certified copy of said survey under the seal of the state
shall be received in evidence in all courts of law or equity
within the state.
30-1-129.
Eminent domain for underground right-of-way easements; right of
condemnation generally.
Every
owner or operator of any mining claims or properties having a
common corner who find it necessary for the practical or
economical development thereof has the right to condemn and to
take, hold and appropriate a right-of-way easement across the
corner and under or through the lands of another for underground
passages or tunnels, including mine access and ventilation
entries. The right-of-way easement shall in no instance exceed
two hundred fifty (250) feet in width and any mineral removed
from under the lands of another shall be accounted for by the
person exercising the rights herein granted to the owner thereof
at the gross value thereof on the surface.
30-1-130.
Eminent domain for underground right-of-way easements; duty to
show good faith and necessity.
In
order to exercise the right of eminent domain herein granted the
person claiming the benefit of such right shall be required to
show that the proceeding is in good faith and that the
right-of-way easement is necessary to continue the practical and
economical development of a commercially feasible mining
operation then being conducted.
30-1-131.
Provisions for indemnity in certain contracts; invalidity.
(a)
All agreements, covenants or promises contained in, collateral
to or affecting any agreement pertaining to any well for oil,
gas or water, or mine for any mineral, which purport to
indemnify the indemnitee against loss or liability for damages
for:
(i)
Death or bodily injury to persons;
(ii)
Injury to property; or
(iii)
Any other loss, damage, or expense arising under either (i) or
(ii) from:
(A)
The sole or concurrent negligence of the indemnitee or the
agents or employees of the indemnitee or any independent
contractor who is directly responsible to such indemnitee; or
(B)
From any accident which occurs in operations carried on at the
direction or under the supervision of the indemnitee or an
employee or representative of the indemnitee or in accordance
with methods and means specified by the indemnitee or employees
or representatives of the indemnitee, are against public policy
and are void and unenforceable to the extent that such contract
of indemnity by its terms purports to relieve the indemnitee
from loss or liability for his own negligence. This provision
shall not affect the validity of any insurance contract or any
benefit conferred by the Worker's Compensation Law [§§27-14-101
through 27-14-805] of this state.
30-1-132.
Provisions for indemnity in certain contracts; definition.
The
term "agreement pertaining to any well for oil, gas, or
water, or mine for any mineral" as used in section 1 hereof
[§ 30-1-131], means any agreement or understanding, written or
oral, concerning any operations related to drilling, deepening,
reworking, repairing, improving, testing, treating, perforating,
acidizing, logging, conditioning, altering, plugging, or
otherwise rendering services in or in connection with any well
drilled for the purpose of producing or disposing of oil, gas or
other minerals, or water, and designing, excavating,
constructing, improving, or otherwise rendering services in or
in connection with any mine shaft, drift, or other structure
intended for use in the exploration for or production of any
mineral, or an agreement to perform any portion of any such work
or services or any act collateral thereto, including the
furnishing or rental of equipment, incidental transportation,
and other goods and services furnished in connection with any
such service or operation.
30-1-133.
Provisions for indemnity in certain contracts; exemption.
Provided
that nothing in this act [§§ 30-1-131 through 30-1-133] shall
be construed to deprive an owner of the surface estate of the
right to secure an indemnity from any lessee, operator,
contractor or other person conducting operations for the
exploration or production of minerals on such owner's land.
CHAPTER
2
MINING
OPERATIONS
ARTICLE
1
IN
GENERAL
30-2-101.
Definitions.
(a)
As used in this act:
(i)
"Approved" means any device or practice approved by
the inspector;
(ii)
"Council" means the state mining council which is
within the department of employment;
(iii)
"Coal mine" means any mine from which coal is produced
for sale, exchange or use;
(iv)
"Cross entry" means an entry from which room entries
are turned;
(v)
"Gassy mine" means a mine:
(A)
In which methane has been ignited;
(B)
In which methane has been found by means of a permissible flame
safety lamp or by air analysis in an amount of twenty-five one
hundredths of a percent (0.25%) or more; or
(C)
Which is contiguous to a gassy mine.
(vi)
"Inspector" means the state inspector of mines;
(vii)
"Interested persons" means authorized members of the
mine safety committee, state and federal inspectors, and, to the
extent required by law, any other person;
(viii)
"Mine" means underground or surface mines, including
coal mines;
(ix)
"Mine foreman" means the person whom the operator
places in charge of the workings of a mine and of persons
employed therein. He is the official responsible for the health
and safety of the employees;
(x)
"Mining operations" include the following whether in
process or development, construction or operation:
(A)
Mines;
(B)
Ore mills;
(C)
Ore processing plants;
(D)
Sampling works;
(E)
Smelters;
(F)
Metallurgical plants;
(G)
Cement manufacturing plants and cement works;
(H)
Rock quarries;
(J)
Clay pits and mines;
(K)
Sand and gravel pits;
(M)
Tunnels and tunneling;
(N)
Excavations or removal of earth for commercial or industrial
purposes;
(O)
All other processes or operations in which mineral materials in
solid form are extracted or processed within Wyoming, but
excluding mining operations and processes relating to highway
and railroad construction and maintenance, other than tunneling,
performed directly under the control and supervision of the
state department of transportation or a railroad company. The
exclusion does not apply to commercial suppliers.
(xi)
"Nongassy mine" means any mine not classed as a gassy
mine;
(xii)
"Operator" means an individual, firm, partnership, or
corporation operating a mine or any part thereof;
(xiii)
"Permissible" means any equipment, device, or
explosive that meets the requirements of the MSHA;
(xiv)
"Unit foreman" means a company employed supervisor
having the same responsibility in the workings under his
supervision as the mine foreman has in the whole mine regarding
this act;
(xv)
"This act" means W.S. 30-2-101 through 30-3-509;
(xvi)
"MSHA" means the federal mine safety and health
administration, department of labor;
(xvii)
"Qualified person" means a person qualified by means
of the proper certification issued by the council or by means of
training and practical demonstration of ability to the inspector
or MSHA.
30-2-102.
Minimum standards.
This
act [§§ 30-2-101 through 30-3-509] and the rules and
regulations adopted under it constitute the body of standards
for mining operations in this state. The laws, rules and
regulations are intended to constitute minimum standards
recognized as necessary for the protection of the public
interest and the safety of employees and the general public.
30-2-103.
General penalty.
Any
person who willfully and knowingly violates any provision of
this act [§§ 30-2-101 through 30-3-509] or rules and
regulations adopted under it for which another penalty has not
been specifically provided is guilty of a misdemeanor punishable
by a fine of not more than seven hundred fifty dollars ($750.00)
or by imprisonment of not more than six (6) months, or both.
30-2-104.
Restrictions upon visitation.
(a)
No person shall enter or remain in any mine, excavation, pit,
quarry, mill, or processing plant unless authorized by the owner
or operator or by law.
(b)
No person other than the owner and operator, his employees and
agents, and inspectors shall enter, be permitted to enter or
remain in any mine, excavation, pit, quarry, mill, or processing
plant unless accompanied by the owner, operator or other
authorized person.
30-2-105.
Alcohol or controlled substances and intoxication by either
prohibited.
No
alcohol or a controlled substance as defined in W.S. 35-7-1014
through 35-7-1022 except a controlled substance in schedule V
not requiring a prescription or as prescribed by W.S. 35-7-1030
shall be taken into or permitted within any mine, excavation,
pit or quarry, or mill or processing plant. No person believed
to be under the influence of alcohol or a controlled substance
as defined in W.S. 35-7-1014 through 35-7-1022 except a
controlled substance in schedule V not requiring a prescription
or as prescribed by W.S. 35-7-1030 shall be allowed to enter or
remain in or around any mine, excavation, pit, quarry, or mill
or processing plant.
30-2-106.
Action for damages; injury to person or property; loss of life;
exception.
For
any injury to person or property occasioned by a violation of or
a willful failure to comply with this act [§§ 30-2-101 through
30-3-509], a right of action against the party at fault shall
accrue to the party injured for the direct damages sustained
thereby. In any case of loss of life, by reason of such a
violation or willful failure, a right of action against the
party at fault shall accrue to the administrator of the estate
of the deceased person for like recovery of damages for the
injuries sustained. Nothing in this section shall be construed
to prevent the recovery of any lawful damages against the person
or company operating a mine if the company is found at fault or
to have contributed to any accident by their carelessness. The
state shall not be liable for damages under this section.
30-2-107.
Prohibited acts generally.
(a)
No person shall intentionally:
(i)
Injure any shaft, lamp, instrument, air course or brattice;
(ii)
Obstruct or throw open airways;
(iii)
Carry any pipe, cigar or cigarette, match or fire-producing
material or appliance into places worked by safety lamps;
(iv)
Handle or disturb any part of the mine machinery;
(v)
Open and fail to close a door;
(vi)
Enter any place of a mine against caution;
(vii)
Disobey any order given in implementing this act [§§30-2-101
through 30-3-509];
(viii)
Commit any act endangering the lives or the health of persons or
the security of a mine or machinery.
30-2-108.
Bathhouses; when required; specifications; requirements as to
use; penalty for failure to provide.
(a)
A mine owner or operator employing twenty (20) or more miners at
any one (1) mine shall provide and maintain in a clean and
sanitary condition a bathhouse for the use of the employees if
sixty percent (60%) of the employees request it in writing.
(b)
The bathhouse shall:
(i)
Be convenient to the mine entrance;
(ii)
Be equipped with:
(A)
Sufficient individual lockers, or baskets or hangers;
(B)
Benches or seats;
(C)
Proper lights, heat, hot and cold water, and shower baths.
(iii)
Be maintained in good order;
(iv)
Have sufficient floor space to accommodate the persons using it;
(v)
Have concrete, tile or cement flooring in the washroom or
bathroom;
(vi)
Be constructed of noncombustible material;
(vii)
Have steel lockers not less than twelve (12) inches by twelve
(12) inches by forty-eight (48) inches in height, or individual
hangers of not less than three (3) hooks with a basket of
suitable size, attached to a proper chain or wire rope, placed
so wearing apparel, when hung thereon, will not be less than
seven (7) feet above the floor of the building, and capable of
being locked in that position. Lockers, or baskets or hangers
shall be sufficient in number to accommodate the employees using
the bathhouse;
(viii)
Have one (1) shower bath with adequate floor space for every
fifteen (15) employees using the bathhouse.
(c)
Employees shall:
(i)
Furnish their own towels, soap and lock for their lockers, or
baskets or hangers;
(ii)
Exercise control over, and be responsible for, property they
leave in their lockers, or baskets or hangers.
(d)
A mine owner or operator violating this section is guilty of a
misdemeanor punishable by a fine of not less than fifty dollars
($50.00), nor more than one hundred dollars ($100.00). Each day
there is a violation of this section constitutes a separate
offense.
ARTICLE
2
INSPECTOR
OF MINES
30-2-201.
Appointment and qualifications of inspector and deputy
inspectors; terms of office; removal; bond coverage; to devote
full time to duties.
(a)
There is created the office of the inspector of mines within the
department of employment. The inspector of mines shall be
appointed by the governor by and with the advice and consent of
the senate but is subject to the Wyoming Government
Reorganization Act of 1989. His term of office is two (2) years.
His office shall be located in the city of Rock Springs,
Sweetwater county, Wyoming. Appointment, term and the filling of
vacancies shall be under W.S. 28-12-101 through 28-12-103. His
salary shall be determined under W.S. 9-3-101. He may be
discharged at any time during his term by the governor as
provided in W.S. 9-1-202. The inspector shall:
(i)
Be a qualified elector of the state and at least thirty-five
(35) years of age;
(ii)
Possess the degree of a graduate engineer from an accredited
school, or the equivalent thereof;
(iii)
Have not less than fifteen (15) years mining experience;
(iv)
Have experience in underground mining operations, and knowledge
of the various problems involving the health and safety of
employees in both underground and surface mining, and in the
upgrading, processing, milling and beneficiation of the various
minerals mined or produced within this state;
(v)
Be thoroughly familiar with:
(A)
Ventilation methods in mining;
(B)
The nature, chemistry, detection and control of noxious,
poisonous or explosive gases or emanations;
(C)
The dangers incident to blasting and the prevention thereof;
(D)
The application and use of electricity in mining operations;
(E)
The methods of fire and explosion prevention and control and
extinguishment of mine fires;
(F)
The health and safety problems involved in small and large scale
surface mining operations and related earth-removal or
excavation;
(G)
The methods of rescue and recovery work following mine
disasters; and
(H)
State mining laws and mining operations.
(vi)
Not be an employee, owner or part owner of any mine or mining
company in this state;
(vii)
Possess a mine foreman's certificate.
(b)
Repealed by Laws 1989, ch. 139, §4.
(c)
Subject to the Wyoming Government Reorganization Act of 1989,
additional deputy inspectors of mines may be employed, one (1)
of which shall be qualified for coal. A deputy inspector of
mines for the inspection of mines other than coal mines shall
have the same qualifications as the inspector of mines except he
shall have had not less than ten (10) years rather than fifteen
(15) years of mining experience. A deputy inspector for coal
mines shall have the same qualifications as the inspector of
mines and also have at least ten (10) years experience in
underground mines in this state as part of the total mining
experience required.
(d)
The inspector of mines and all deputy inspectors shall obtain
faithful performance and fidelity bond coverage under W.S.
9-1-102.
(e)
The inspector of mines and all deputy inspectors shall devote
full time to the duties of their office.
30-2-202.
Duties of inspector; duties of deputy inspectors.
(a)
The inspector shall:
(i)
At reasonable times, day or night, without impeding or
obstructing work, enter, inspect and examine any mining
operation in development, construction or operation, including
the workings and the machinery and may request the assistance of
other state agencies;
(ii)
Collect state mining statistics and report to the governor
annually no later than March 31 for the preceding calendar year.
The report shall include the statistics and may include
recommendations concerning further mining legislation. The
statistics in the report shall include for each mine:
(A)
A record of all mining accidents preventing victims from
returning to work the day following the injury;
(B)
Corrective measures taken;
(C)
Tons produced;
(D)
Number of man-days worked.
(iii)
Maintain a properly indexed, permanent record of all inspections
made and reports filed under this act [§§30-2-101 through
30-3-509];
(iv)
Ensure maps or diagrams of all underground mines in the state
are accurately made and filed in his office. Maps, diagrams and
any plans filed shall be preserved as a permanent and
confidential record. If an adjoining operator can show need for
safety reasons, he shall be given access to individual maps,
diagrams and plans;
(v)
Supervise the deputy inspectors and have full authority over
their official activities;
(vi)
Enforce all laws, rules and regulations pertaining to the safety
of mine operations in this state;
(vii)
Revoke, in writing, any order issued by a deputy inspector
clearing a mine or portion thereof of persons, after he makes a
personal examination of the mine affected and determines it to
be in a safe condition to operate;
(viii)
To the extent possible, collect, organize and make available
studies, information and dates concerning mineral deposits,
geological formations and mining and milling operations in this
state;
(ix)
Exercise supervision necessary for enforcement of this act over
and inspection of all mining exploration mines, mining
operations, upgrading, processing, milling and beneficiation
plants within the state including the inspection of drill holes
to ensure the holes have been properly abandoned.
(b)
Every deputy inspector shall perform inspections and other
activities as the inspector directs or as provided by law.
30-2-203.
Arbitrary action prohibited; information confidential;
exception; interest in mining operations prohibited; discharge
for violation of section; additional penalty.
Neither
the inspector nor any deputy inspector shall, in any of his
functions, act arbitrarily or without just cause. Information
obtained in the course of inspections is confidential except
where disclosure may be required in enforcement of this act [§§
30-2-101 through 30-3-509]. Grossly negligent release of
confidential information acquired in the course of duty, willful
discrimination between operators, or knowingly applying to his
own material gain knowledge acquired in the course of duty by
the inspector or any deputy inspector, is justification for
discharge and, in addition, is a misdemeanor punishable upon
conviction by a fine not to exceed five hundred dollars
($500.00) or by imprisonment for a period of not more than six
(6) months, or both.
30-2-204.
Police powers generally.
The
inspector and deputy inspectors shall have and exercise
throughout the state all of the powers of peace officers with
respect to the enforcement of this act [§§ 30-2-101 through
30-3-509].
30-2-205.
Rules and regulations; uniform code of signals; penalty for
false signals.
(a)
The inspector shall under W.S. 16-3-101 through 16-3-115
promulgate rules and regulations to implement this act. Rules
and regulations shall be promulgated under this act for all
types of mines and mining or for specific types of mines or
mining as required to implement this act and to comply with
applicable federal law. The rules and regulations shall be no
more stringent than federal rules and regulations and shall
provide the flexibility necessary in application to specific
instances and implement the basic purpose of giving all mining
operations and coal mines the greatest freedom consistent with
the public interest and the safety of employees and the general
public. The inspector shall adopt applicable rules and
regulations to the extent necessary to implement the provisions
of chapter 3 of this title for which there are no applicable
federal rules and regulations. The inspector shall submit all
rules and regulations to the council for final approval. The
rules implementing the provisions of chapter 3 of this title
shall:
(i)
To the extent not in conflict with an express provision of
chapter 3 of this title, provide for consistency and equivalency
but not more stringent than rules and regulations adopted by the
MSHA under Title 30 of the code of Federal Regulations, Parts
56, 57, 75 and 77, as may be amended, including provisions
incorporated by reference in those rules and regulations; and
(ii)
Authorize variances to safety rules upon petition by the
affected operator and a determination by the inspector that:
(A)
An alternative method of achieving the result of the standard
exists that will at all times guarantee no less than the same
measure of protection afforded by the standard;
(B)
Application of the standard will result in a diminution to
safety of the miners; or
(C)
Failure to grant the variance would be inconsistent with action
taken on the same petition by the MSHA.
(b)
The inspector of mines shall by rule or regulation:
(i)
Adopt and enforce a uniform code of signals;
(ii)
Determine at which mining operations the code of signals shall
be effective;
(iii)
Prescribe the manner by which the code of signals shall be
displayed or distributed.
(c)
Any person giving or causing to be given false signals, or
riding upon any cage, skip or bucket upon signals that designate
to the engineer that no employees are aboard, is guilty of a
misdemeanor punishable by a fine of not less than fifty dollars
($50.00) nor more than one hundred dollars ($100.00).
30-2-206.
"Interested person" defined; filing of requests
prerequisite to notice and information.
A
person is an interested person entitled to notice under this act
[§§ 30-2-101 through 30-3-509] of any action of the inspector
including any action regarding rules or regulations if he files
with the inspector a request for notice containing his name,
address and the name of the person authorized to receive the
notice. The request shall be considered filed five (5) days
following the date the request is received in the office of the
inspector.
30-2-207.
Access to mining operations, etc.; penalty for refusal of access
or obstruction; enforcement by injunction; misrepresentation of
facts or information to inspector; obstruction of inspector or
deputy.
(a)
The inspector or his deputy has access to all mining operations
for the purpose of enforcement of this act [§§30-2-101 through
30-3-509] and all rules and regulations adopted under it.
Refusal of access to an authorized person after request is a
misdemeanor. Access may be granted by injunction by petition to
the court and order to show cause made returnable within ten
(10) days or as soon thereafter as the matter may be heard by
the court.
(b)
Any person in charge of a mine who willfully misrepresents facts
or information to the inspector regarding the mine, or who makes
any misrepresentation tending to show safety when the reverse is
true, is guilty of a misdemeanor.
(c)
Any person who willfully obstructs the inspector or his deputy
in the execution of his duties under this act is guilty of a
misdemeanor.
30-2-208.
Inspections; when held; duties of inspector or deputy; authority
to clear unsafe mine or portion thereof.
(a)
The inspector or his deputy shall inspect each operating mine in
the state:
(i)
At least once every six (6) months;
(ii)
If any danger to employees exists;
(iii)
If requested by employees or their representatives.
(b)
The inspection shall take place while the mine is in operation,
and the inspector or his deputy shall inspect:
(i)
The surface plant;
(ii)
Every working place in the mine;
(iii)
All active haulageways, travelways, highwalls and airways in
their entirety;
(iv)
Entrances to abandoned workings;
(v)
Accessible old workings;
(vi)
Escapeways and other places where people work or travel, or
where dangerous conditions may exist;
(vii)
Electric equipment and installation;
(viii)
First-aid equipment;
(ix)
Ventilation facilities;
(x)
Communication installations;
(xi)
Roof and rib conditions;
(xii)
Blasting practices.
(c)
The inspector or his deputy shall:
(i)
Measure the volume of air at the intake and return of the main
ventilating current and of each split, and the amount passing
through the last open crosscut in each pair or set of entries,
and designate where the superintendent or mine foreman shall
measure the currents of air as required by this act [§§30-2-101
through 30-3-509];
(ii)
In mines operating more than one (1) shift in a twenty-four (24)
hour period, devote sufficient time on the second and third
shift to determine conditions and practices related to the
health and safety of the employees;
(iii)
Make tests for gas and oxygen deficiency in each place which he
is required to inspect in the mine;
(iv)
Classify qualifying mines as gassy mines.
(d)
If the inspector or his deputy finds imminent or serious danger
to the life or health of the employees in a mine, he may clear
the mine or any portion thereof of all persons and refuse
further entry to any persons, except those necessary to remove
the danger and those permitted to participate in investigations
under this act, until he determines by actual inspection that
the mine or portion thereof involved is in safe operating
condition.
30-2-209.
Inspections; reports; posting and distribution; interim reports.
(a)
The person inspecting the mine shall make an accurate report
covering each inspection showing:
(i)
The date of inspection;
(ii)
The condition in which the mine is found;
(iii)
The extent to which safety laws relating to mines are violated;
(iv)
The progress made in the improvement of the health and safety of
the employees;
(v)
The number and cause of injuries and death resulting from
accidents in and around the mine;
(vi)
If any violations of the mine safety laws, rules or regulations
are found, the specific section or sections violated, with
recommendations for correcting them, and the action taken to
eliminate them.
(b)
Within seven (7) days after the completion of the inspection,
reports shall be posted and distributed as follows:
(i)
Two (2) copies to the operator, superintendent or foreman;
(ii)
One (1) copy to a designated representative of the employees'
organization, if any, of the mine inspected;
(iii)
One (1) copy posted on a bulletin board at a prominent place on
the premises where it can be conveniently read by the employees
and to remain posted until the report of the succeeding
examination is posted;
(iv)
One (1) copy to the inspector.
(c)
If imminent or serious hazards are found, the person making the
inspection shall immediately make an interim report in person or
by electronic means.
30-2-210.
Notice of violation; correction of condition constituting
violation required; penalty upon failure to comply; continuing
violations; authority to close operations; right of appeal.
(a)
If the inspector or his deputy finds a violation of this act [§§30-2-101
through 30-3-509] or rules or regulations adopted under it
relating to mines [mine] operating methods and conditions, he
shall notify in writing the person in charge of the mining
operation of the condition or method constituting the violation
and the provision being violated. The condition or method shall
be corrected in five (5) days or other time prescribed by the
inspector or his deputy as is reasonable in view of the nature
of the condition or method. Allowing a correction period does
not prevent the condition or method constituting a violation of
this act or a rule or regulation adopted under it. Any person
failing to correct a condition or method in the period allowed
is guilty of a misdemeanor. Each day during which the condition
or method continues uncorrected after notice of correction has
been given constitutes a separate violation.
(b)
If the condition or method is not corrected within a reasonable
time, or if the condition or method constitutes a real, present
and substantial danger to the lives or safety of persons, the
inspector or his deputy may summarily order the cessation of all
activity and close the operation or part thereof as the
inspector determines constitutes the danger. The order shall be
in writing, specifying the nature of the condition, the basis of
the action ordered, the date, time and place of the closing of
the operation, and the person to whom the order was delivered.
The operator may obtain a review of the order by the inspector
or by the district court for the county in which the principal
part of the operation is located. Review shall be afforded at
the earliest possible date within ten (10) days after the filing
of the petition or as soon as the court is available. The matter
shall be given precedence on the calendar of the court and the
proceedings shall be by petition and order to show cause,
returnable within ten (10) days. If any action by the inspector
or his deputy is found to have been without justification and to
have been taken without reasonable basis, the inspector or his
deputy shall be liable on his bond for damages resulting
therefrom, including reasonable attorney's fees incurred by the
operator in the action.
30-2-211.
Accident investigation; rescue; reports; generally.
(a)
The inspector or his deputy shall proceed immediately to the
scene of any mine accident causing loss of life or serious
personal injury, any mine fire or any mine explosion,
investigate, make recommendations, assist as he deems necessary
for the present or future safety of the employees, make a
complete report and post and distribute the report under W.S.
30-2-209(b).
(b)
The inspector or his deputy at the direction of the inspector in
consultation with an authorized representative of the mine
safety and health administration shall take charge of any
necessary mine rescue and recovery work and supervise the
reopening of mines that have been sealed or abandoned on account
of fire or other cause.
30-2-212.
Accident investigation; fatal accidents; procedure; coroner's
inquest; notification of inquest.
(a)
The inspector, or his deputy when authorized, shall investigate
all fatal accidents occurring in connection with mining
operations. In his investigation he may compel the attendance of
witnesses and administer oaths as if he were a coroner. The
costs of an investigation shall be paid by the county in which
the accident occurred in the same manner as costs of coroners
inquests are paid by law.
(b)
The inspector, or his deputy when authorized, may order the
coroner of the county in which the accident occurred to hold an
inquest into the accident. In choosing a jury for the inquest,
the coroner shall empanel at least one (1) experienced miner. It
is unlawful for the coroner to release the body of any person
killed in a mining accident without notice from the inspector
that an inquest is not necessary.
(c)
No inquest shall be held into the death of any person killed in
connection with mining operations unless the inspector has been
first notified that the inquest will take place and been given a
chance to participate. In an inquest the inspector may call,
examine and cross-examine witnesses, and he may testify as he
deems necessary to thoroughly inform the inquest of the causes
of death.
30-2-213.
Judicial review of decision of inspector; procedure; payment of
costs assessed against inspector; appeal.
(a)
Any person aggrieved or adversely affected in fact by a decision
of the inspector is entitled to judicial review of the decision
in the district court for the county in which the property
affected is located, or if no real property is involved, in
which the person aggrieved or adversely affected in fact resides
or has its principal place of business. The procedure to be
followed before the district court shall be in accordance with
rules adopted by the Wyoming supreme court except any costs
assessed against the inspector shall be paid by the county in
which the affected property, if any, is located or in which the
person aggrieved or adversely affected in fact resides or has
its principal place of business. The district court, in its
discretion, may appoint three (3) practical, competent and
disinterested persons, who shall, under instructions of the
court, forthwith examine the mine and make report under oath of
the facts as they exist or may have been, together with their
opinion thereon. The report shall become absolute, unless
exceptions are filed within ten (10) days after notice of the
filing of the report to the person aggrieved or adversely
affected in fact and the inspector. If exceptions are filed, the
court shall hear and determine the exceptions. The decision
shall be final and conclusive, subject only to appeal to the
supreme court.
(b)
Judicial review shall be in accordance with W.S. 16-3-114(c). An
interested party may obtain review of any final judgment of the
district court under this section by appeal to the supreme
court. The appeal shall be taken as in other civil cases.
ARTICLE
3
STATE
MINING COUNCIL
30-2-301.
Board of mines renamed mining council; created; composition;
qualifications, appointment and term of members; removal;
officers; rules; quorum; vacancies; compensation.
(a)
There is created a state board of mines which is renamed the
state mining council within the department of employment which
shall consist of eleven (11) members. Ten (10) members shall be
appointed equally from among the management and hourly employees
of the mining industry, including surface and underground coal
mining, and shall serve for a term of four (4) years and until
their successors are appointed and qualified except for the
inspector who is a member of the council and entitled to vote in
case of a tie. Each member of the council, except the inspector,
shall be a qualified elector of the state and shall have at
least five (5) years experience in the mining industry
immediately preceding his appointment. The members shall be
appointed by the governor by and with the advice and consent of
the senate and from among the management and employees of the
mining industry. The tenure of the members of the council shall
be so arranged that the terms of not more than five (5) of the
members shall expire in any one (1) year period. The governor
may remove any council member as provided in W.S. 9-1-202. The
council shall have among its appointed members:
(i)
An underground coal or gassy mine management official;
(ii)
A practical underground coal or gassy mine member; and
(iii)
A mining engineer.
(b)
The officers of the council are a president and a
vice-president, elected by the council from among its members,
and a secretary who need not be a member of the council. The
council has the power and duty to formulate and adopt rules
consistent with the provisions of law to govern its own
operation and functions. A majority of the combined council
represents a quorum necessary to transact council business.
(c)
Appointments, terms and the filling of vacancies shall be in
accordance with W.S. 28-12-101 through 28-12-103.
(d)
Members of the council shall receive compensation, per diem and
travel expenses in the same manner and amount as the state
legislature while going to, attending or returning from council
meetings or official committee meetings. An official committee
shall be any committee of two (2) or more council members
created by a majority vote of a quorum of the council.
30-2-302.
State mining council to act in conjunction with inspector.
The
council shall act in conjunction with the inspector to improve
safety, health, training, examinations and certification of
miners in mining operations and mines, in the production and the
processing of minerals, and in all installations, equipment and
operations constituting a part of mining operations and mines.
30-2-303.
Regular and special meetings of mining council; record of
proceedings.
Regular
meetings of the council shall be quarter-annually in the months
of February, May, August and November at a place within this
state determined by the council. Special meetings may be called
at any time by the governor, by the president of the council or
by the inspector of mines and shall be called upon the request
of any three (3) council members. Full and complete minutes and
records of all council meetings, proceedings and actions shall
be kept and preserved.
30-2-304.
Repealed by Laws 1993, ch. 88, § 2.
30-2-305.
Repealed by Laws 1993, ch. 88, § 2.
30-2-306.
State mining council; examinations for certificates; duty as to
examinations generally; meetings; notice of meetings.
The
state mining council shall examine applicants for certification
as mine foreman and mine examiner, and shall issue certificates
of competency to qualified applicants who pass the examination.
The council shall meet at least annually in May at Rock Springs
to examine applicants for certificates and may meet at other
times and places. The council shall decide the day and place of
all meetings. At least fifteen (15) days notice of the place and
date of every meeting of the council held for the purpose of
examining applicants shall be given by publication in a
newspaper published in the area where the examination is to be
held, and by posting copies of the published notice at all mines
in the vicinity of said place. A meeting held pursuant to this
section may be held in conjunction with regular council meetings
required by W.S. 30-2-303.
30-2-307.
State mining council; nature of examination generally; grading;
record to be kept; public inspection of record; fees for
examination and certificate; replacement.
(a)
The state mining council shall ascertain the experience,
knowledge and understanding of each applicant for the position
for which he desires a certificate. The council shall examine
applicants for mine examiner and mine foreman both orally and in
writing. To obtain a certificate the applicant shall obtain a
total weighted average grade of seventy-five percent (75%). A
complete record shall be made of each examination, including all
questions and answers, both oral and written. The record shall
be filed with the inspector and maintained permanently as a
public record.
(b)
Each applicant shall pay an examination fee which shall be set
annually by the council and shall be based upon anticipated
testing expenditures. The council upon satisfactory proof of
loss or destruction of a certificate shall issue a duplicate
upon receipt of five dollars ($5.00). All fees collected by the
council shall be deposited with the state treasurer and credited
to an account within the earmarked revenue fund and shall be
used for the administration of the mine foreman and mine
examiner certification examinations.
30-2-308.
Mine and unit foremen; when required; duties; mines to be
supervised by certified personnel.
Each
underground mine regularly employing five (5) or more persons
shall be supervised by a certified mine foreman who shall ensure
compliance with mining laws regarding his duties and the health
and safety of mine employees. If the mine foreman is unable
personally to perform his duties required by law because of the
extent of mining operations, the operator shall employ a
sufficient number of certified unit foremen who shall act under
the direction of the mine foreman. The mine or unit foreman
shall not permit any person to work in an unsafe place unless it
be for the purpose of making it safe. Work for the purpose of
making a place safe shall be under the direct supervision of a
certified official. The mine foreman shall provide data and
information regarding the operation of the mine required by the
inspector on forms furnished by the inspector.
30-2-309.
Mine foreman and mine examiner certificates; qualifications;
certificate required; reciprocity; council duties.
(a)
No person shall act as mine foreman, unit foreman or safety
engineer at any underground mine unless he holds a mine foreman
certificate for the type of mineral being mined. Except as
provided in subsection (f) of this section, to obtain a mine
foreman certificate for a particular mineral an applicant shall
pass the required examination for the particular mineral. An
applicant for the mine foreman examination shall:
(i)
Be at least twenty-three (23) years of age;
(ii)
Provide verifiable documentation that he has at least three (3)
years practical experience in the mining of the mineral in which
he desires to hold a mine foreman certificate. Practical
experience shall be determined from practical work of a
"hands-on" nature, directly related to the hazards
involved in the type of mine for which the certificate is
sought. Underground coal mine experience shall qualify for gassy
metal or nonmetal mine experience. Gassy metal or nonmetal mine
experience shall not qualify for underground coal mine
experience;
(iii)
Complete and timely file an examination application;
(iv)
When the applicant seeks to receive practical experience credit
for holding a mining engineering degree, provide verifiable
documentation of the degree; and
(v)
Hold a valid mine examiner's certificate.
(b)
No person shall act as a mine examiner in any underground mine
unless he holds a mine examiner certificate for the type of
mineral being mined. Except as provided in subsection (f) of
this section, to obtain a mine examiner certificate for a
particular mineral an applicant shall pass the required
examination for the particular mineral. An applicant for the
mine examiner examination shall:
(i)
Provide verifiable documentation that he has at least two (2)
years practical experience in the type of mineral mined in which
he desires to hold a mine examiner certificate. Practical
experience shall be determined from practical work of a
"hands-on" nature, directly related to the hazards
involved in the type of mine for which the certificate is
sought. Underground coal mine experience shall qualify for gassy
metal or nonmetal mine experience. Gassy metal or nonmetal mine
experience shall not qualify for underground coal mine
experience;
(ii)
Complete and timely file an examination application;
(iii)
Be at least twenty-three (23) years of age; and
(iv)
When the applicant seeks to receive practical experience credit
for holding an engineering degree, provide verifiable
documentation of the degree.
(c)
A mining engineering degree from an accredited college or
university shall be considered the equivalent of two (2) years
practical experience for mine foreman certificate and one (1)
year for mine examiner certificate. In no case shall practical
experience credit for an engineering degree exceed two (2) years
for a mine foreman certificate or one (1) year for a mine
examiner certificate. For purposes of this section an
engineering degree shall be limited to a baccalaureate, master's
or doctorate degree in mining engineering.
(d)
Any person holding a certificate of competency from a proper
examining board of any state with which Wyoming has a reciprocal
agreement may perform the duties in Wyoming for which his
certificate certifies that he is competent, without examination
by the state mining council. Before assuming any duties in a
mine, the person shall present his certificate to the council
through the inspector and secure approval of the certificate by
the council. The person is subject to examination by the council
at the request of the inspector. The person's authority to act
in Wyoming as mine foreman, mine examiner, safety engineer or
unit foreman may be cancelled in the same manner as certificates
issued by the council. No person shall employ any mine foreman,
mine examiner, safety engineer or unit foreman in an underground
mine who does not possess the certificate of competency
required.
(e)
The state mining council shall include in its rules for
implementation of this article, the following:
(i)
Procedures for review and approval of a study manual prepared by
industry to provide guidance to those taking the examinations;
(ii)
Procedures for preparing the examinations by the council or a
committee of council members appointed for this purpose,
provided that final approval of the examination shall be made by
the council;
(iii)
Procedures for grading examinations;
(iv)
Procedures for reviewing the examination results by an applicant
with a designated committee of the council and provisions for
appeal by an applicant of any adverse decision of the council;
(v)
Each examination shall include questions to ascertain the
applicant's general knowledge of mining practices in the type of
mine and mineral involved, including but not limited to
ventilation, health and safety, rescue and recovery work
involved following mine disasters, detection and control of
gasses, fire and explosion prevention and control, use of
blasting procedures, electricity and mine equipment and
knowledge of the applicable state mining laws. The examination
shall also properly identify the importance of any single
question which if not answered correctly would cause failure of
the entire examination.
(f)
Any person holding a certificate as an underground coal mine
examiner as of June 30, 1994, who has worked as a mine examiner
in this state, shall not be subject to the examination
requirements of subsection (b) of this section. Any person
holding a certificate as an underground coal mine foreman as of
June 30, 1994, who has worked as a mine foreman in this state,
shall not be subject to the examination requirements of
subsection (a) of this section. Notwithstanding the requirements
of subsections (a) and (b) of this section regarding practical
experience for a particular type of mineral, the state mining
council shall issue trona mine examiner or trona mine foreman
certificates to persons who held underground coal mine examiner
or mine foreman certificates, respectively, as of June 30, 1994,
and who have worked as a mine examiner or mine foreman in this
state.
30-2-310.
Temporary permit; when permitted; expiration; subsequent
examination required.
(a)
The inspector, upon consent of the state mining council, may
issue to an applicant a temporary permit to operate as a mine
foreman or mine examiner without a certificate if the applicant
meets the requirements of W.S. 30-2-309 other than the
examination requirement. The temporary permit shall expire on
the date of the next examination given by the council after
issuance of the temporary permit. A person issued a temporary
permit under this section for a particular type of mineral shall
not be issued an additional temporary permit for the same type
of mineral if he failed:
(i)
The certification examination for that type of mineral; or
(ii)
To take the certification examination for that type of mineral.
30-2-311.
Revocation of certificate after notice and hearing;
reexamination; revocation of certificate of inspector or deputy;
filing of certificate.
(a)
Any certificate issued by the council or temporary permit issued
by the inspector may be revoked by the council after hearing
under W.S. 16-3-101 through 16-3-115 for violation of this act
or rules and regulations promulgated under this act,
intoxication while in duty status, mental disabilities or
neglect of duty. No person whose certificate has been revoked
under this section for less than ninety (90) days shall be
examined by the council. No person whose certificate has been
revoked under this section shall be reissued a certificate
unless the council finds the incapacity, if any, on which the
revocation was based has ceased to exist.
(b)
When the council revokes the mine foreman certificate of the
inspector or a deputy inspector, the governor shall forthwith
remove such person from office.
(c)
The holder of a mine foreman or mine examiner certificate shall
present it to the official of the mine where he is employed, who
shall file it in the mine office. The certificate shall be made
available for inspection by interested persons.
30-2-312.
Optional certifications of surface mine foremen and mine
examiners; surface mine operators not required to employ.
(a)
The state mining council may certify a mine foreman, unit
foreman, safety engineer or mine examiner desiring to work in a
surface mine upon request by an applicant for the certificate.
Certificates shall be issued under W.S. 30-2-307 and 30-2-309(a)
through (d). Applicants and certificate holders are subject to
W.S. 30-2-310 and 30-2-311.
(b)
No owner or operator of a surface mine is required to employ a
certified mine foreman, unit foreman, safety engineer or mine
examiner.
ARTICLE
4
DUTIES
OF OPERATORS
30-2-401.
Safety rules; posting; responsibility for observance.
All
owners and operators shall post in a conspicuous place and make
available to all employees the rules and duties of safety
governing their employment. Employees are responsible for the
observance of all the rules and safety practices in all phases
of their work.
30-2-402.
Annual report to inspector; contents.
The
owner or operator of any mining operation employing five (5) or
more persons, shall report annually to the inspector before
January 31 of each year. The report shall contain the names of
the owners and operators, the post office address, the name of
the claim to be operated, the number of persons employed,
classified as to occupation, the name of the county mining
district, and the tonnage produced during the previous calendar
year, upon forms furnished by the inspector.
30-2-403.
Record of accidents to be kept; inspection of record; reports
filed with inspector; report of serious accidents.
(a)
The owner or operator shall keep a record of all accidents
occurring in connection with mining operations. The record shall
be open to the inspector or his deputies at all times.
(b)
In all compensable injuries, the owner or operator shall send to
the inspector a copy of the employer's report filed in worker's
compensation cases.
(c)
A mine owner or operator shall immediately notify the
inspector's office in person or by electronic means of any of
the following occurrences:
(i)
An accident that has caused a fatality or serious injury;
(ii)
Any explosion of gas or dust underground;
(iii)
Any fire occurring underground or in any structure immediately
adjacent to or attached to any mine opening;
(iv)
A cave-in or roof or rib fall which:
(A)
Impairs ventilation;
(B)
Impedes passage to and from work; or
(C)
Has the potential to cause a serious injury.
(v)
Damage to hoisting equipment, shafts or slopes which cause delay
of normal operations.
30-2-404.
Notification of change in ownership, etc., of mining property.
The
inspector shall be informed promptly of any change in the name,
ownership or operator of any operating mining property.
30-2-405.
Notice as to commencement of operations; exception.
(a)
Except as provided in subsection (b) of this section, within
thirty (30) days after the commencement of any mining operation,
the owner or operator shall notify the inspector of the date and
place of commencement.
(b)
The owner or operator of a coal mine shall notify the inspector,
in writing, whenever a new mine is opened, or whenever an
existing mine is either closed or reopened. The written notice
shall be given immediately before the happening of the event,
and shall specify the date upon which the event will occur.
30-2-406.
Barrier pillars required; penalty for failure to leave.
(a)
The operator of every mine which has another coal or mineral
property contiguous or immediately adjacent to it shall leave
barrier pillars at least fifty (50) feet in width along the
boundary line of the contiguous coal or mineral property. Owners
of adjacent properties are not prohibited from extracting the
coal or mineral along the boundary line if they enter into a
written agreement providing the pillars may be pulled.
(b)
Any person violating subsection (a) of this section is guilty of
a misdemeanor punishable by a fine of not less than five hundred
dollars ($500.00) nor more than one thousand dollars
($1,000.00), or by imprisonment of not more than six (6) months,
or both.
30-2-407.
Abandonment or closing down of mine; procedures to be followed.
(a)
No owner or operator shall abandon or indefinitely close down
any underground mine until the inspector performs a final
inspection.
(b)
Upon abandonment or closing down of an underground mine, the
owner or operator shall effectively close or fence off all
surface openings through which persons or animals could fall or
enter.
(c)
Upon abandonment or closing down of a strip or open-pit mine,
mining or prospecting pit or excavation, appropriate action
shall be taken where necessary to safeguard against injury to
persons or animals.
(d)
Within thirty (30) days after abandonment or closing down of any
underground mine, the owner or operator shall file with the
inspector a map showing all pertinent data as of the date of
closing or abandonment in the form prescribed by the inspector.
The map and all data shown thereon shall be confidential and not
open for public inspection until (2) consecutive years have
elapsed without resumption of mining activity, unless release
has been authorized in writing by the owner or unless release is
necessary for safety reasons shown by an adjoining operator or
other person.
30-2-408.
Maps of mines to be made; contents; semiannual revision;
maintenance and filing.
(a)
The owner or operator of each mine shall make an accurate map or
plan of the mine and mine workings on a scale not exceeding two
hundred (200) feet to the inch or as otherwise approved by the
inspector. The map or plan shall:
(i)
Exhibit all openings or excavations, shafts, tunnels, slopes,
planes, gangways, entries, cross headings, rooms and
installations related to safety;
(ii)
Show the direction of air currents in the mine;
(iii)
Accurately delineate the boundary line between the mine and
adjoining mines;
(iv)
Be prepared with reference to and show the boundaries of the
legal subdivision in which the mine is located;
(v)
Be accurately brought up to date every six (6) months.
(b)
The owner or operator shall:
(i)
Maintain a copy of each map or plan for use at the mine by the
inspector, his deputy or any miner employed at the mine;
(ii)
File a copy of each map or plan with the inspector;
(iii)
Maintain a copy of the current map or plan on bulletin boards
near mine entrances and at all principal working stations.
30-2-409.
Survey and platting of underground workings by county surveyor;
fees; notice to mine owner; hindering surveyor prohibited;
penalty.
(a)
The county surveyor shall, upon the written request of an
adjoining landowner, enter and make a complete, true and
accurate survey and plat of the underground workings of any mine
in the county to ascertain the location of the workings with
respect to the boundary line of the property of the adjoining
landowner. The county surveyor shall make an official plat and
report of the survey to the adjoining landowner. The county
surveyor shall receive from the adjoining landowner the same
fees allowed by law for county surveying. If the county surveyor
is interested in either of the adjoining properties or is not
qualified to make the survey, he shall call a competent engineer
who is not interested in the properties to make the survey and
plat. The county surveyor may take any necessary action to aid
him in making the survey and plat. The county surveyor shall
give the mine owner or operator ten (10) days written notice of
the date the survey will begin.
(b)
The owner, operator or any person in charge of any mine shall
not hinder, delay or prevent the county surveyor, or engineer
substituted for him from entering the mine, from making the
survey and plat, or from performing his duties under subsection
(a) of this section. Any person violating this subsection is
guilty of a misdemeanor punishable by a fine of not more than
one thousand dollars ($1,000.00), or by imprisonment for not
more than six (6) months, or both.
ARTICLE
5
SHOT-FIRERS
30-2-501.
Blasting to be done by certified shot-firers; qualifications and
examinations; issuance of certificate; revocation of
certificate; requirements when work being done.
(a)
All blasting or shot-firing in mines, including charging and
tamping of holes shall be done by or under the direct
supervision of certified shot-firers. Shot-firers shall pass an
oral and written examination prepared and administered by the
inspector or his deputies testing knowledge of blasting and
shot-firing operations and safety procedures. To take the
shot-firer exam the applicant shall have at least two (2) years
practical, hands-on experience in the type of operation for
which he is applying. The state mine inspector shall give one
(1) year experience credit for two (2) years mine engineering
experience related to shot-design and shot-planning. An
applicant may receive a maximum of one (1) year experience
credit for mine engineering experience. Each applicant must
provide verifiable documentation of his practicable experience
or mining degree and experience.
(b)
The inspector or his deputies shall certify shot-firers and
shall issue certificates to qualified persons. A shot-firer's
certificate may be revoked by the inspector or his deputies
after notice and hearing under W.S. 16-3-101 through 16-3-115,
if the holder has violated laws governing firing of any shots or
blasts, or has endangered life or property by his actions as a
shot-firer.
(c)
No miner shall return to any place where shots or blasts have
been fired, until given permission by the shot-firers or other
mine officials authorized by law. When shot-firers are engaged
in the work of firing shots, the shot-firing cable must be
disconnected from battery, and cable leads must be short
circuited at battery and before connection is made to detonating
cap at face. All employees other than the one (1) connecting
cable to cap at face are forbidden to handle battery while the
work of firing shots is being carried on. The cable connecting
battery to detonating cap or caps shall be not less than one
hundred fifty (150) feet in length.
30-2-502.
Shots missed or not fired; report; search to recover undetonated
explosive.
(a)
The shot-firer shall immediately after the completion of his
work, report in writing to the proper official, any shots missed
or not fired, their location and the reason therefor.
(b)
A misfired shot shall be handled under the direct supervision of
the mine foreman or a certified person designated by him.
(c)
A search by the mine foreman or certified person designated by
him of the working place, and, if necessary, the material, shall
be made after blasting a misfired hole to recover undetonated
explosive.
30-2-503.
Prohibited acts.
(a)
No person shall alter or change any drill hole after it has been
approved by the shot-firer.
(b)
No shot-firer, whether voluntarily or by command or request of
any person, shall fire any unlawful shot, or any shot which is
not a workmanlike, proper and practical shot.
(c)
No person shall order, command or induce any shot-firer to fire
any unlawful shot, or any shot which is not a workmanlike,
proper and practical shot.
(d)
No person shall drill or shoot a dead hole. A "dead
hole" is a hole where the width of the shot at the point
measured at right angles to the line of hole is so great that
the heel is not of sufficient strength to at least balance the
resistance at the point. The "heel" means that part of
the shot which lies outside of the collar.
ARTICLE
6
EXPLOSIVES
AND FLAMMABLES
30-2-601.
Sale of explosives; date of manufacture to be marked; sale
within 12 months of manufacture.
All
nitroglycerine, powder or other high explosive sold in this
state shall be properly marked with the date of manufacture on
each stick of powder. No nitroglycerine, powder or other high
explosives shall be sold after twelve (12) months from date of
manufacture.
30-2-602.
Storage of flammable materials; smoking restricted; fire doors.
(a)
Surface storage of oils, grease and other flammable materials
shall be in a storage area located at a safe distance from the
powder magazine. Flammable materials shall be removed from the
storage area for use only in quantities necessary to meet the
requirements of a day. Structures in the storage area shall be
of fire-resistive material and well ventilated. Tight metal
receptacles shall be provided for oily waste.
(b)
Smoking in or about surface structures shall be restricted to
places where it will not cause fire or an explosion.
(c)
Unless existing structures located within one hundred (100) feet
of any mine opening are of reasonably fireproof construction,
fire doors shall be erected at effective points in mine openings
to prevent smoke or fire from outside sources endangering men
working underground. These doors shall be tested at least
monthly and kept in effective operation.
30-2-603.
Flammable liquids; flame safety and electric lamps.
(a)
Naphtha or other flammable liquids in lamp houses shall be kept
in approved containers or other safe dispensers approved by the
inspector.
(b)
Flame safety lamps shall be permissible and maintained in
permissible condition. All flame safety lamps shall be checked
by the persons using them and by a qualified lamp attendant, or
by a mine examiner, immediately before entering the mine.
(c)
When not in service, flame safety lamps and electric lamps shall
be under the charge of a responsible company employee.
30-2-604.
Requirements as to surface magazines; storage of explosives;
explosion-proof illumination; use of nonmetallic tools.
(a)
Separate surface magazines shall be provided for the storage of
explosives and detonators.
(b)
Surface magazines for storing and distributing high explosives
shall be:
(i)
Reasonably bulletproof and constructed of incombustible material
or covered with fire-resistive material. The roofs of magazines
so located that it is impossible to fire bullets directly
through the roof from the ground, need not be bulletproof, but
where it is possible to fire bullets directly through them,
roofs shall be made bullet-resistant by material construction,
or by a ceiling that forms a tray containing not less than a
four (4) inch thickness of sand, or by other methods;
(ii)
Provided with doors constructed of three-eighths (3/8) inch
steel plate lined with a two (2) inch thickness of wood, or the
equivalent;
(iii)
Provided with floors made of wood or other nonsparking material
and have no metal or gravel exposed inside the magazine;
(iv)
Provided with suitable warning signs so located that a bullet
passing directly through the face of a sign will not strike the
magazine;
(v)
Provided with properly screened ventilators. Equipped with no
openings except for entrance and ventilation;
(vi)
Kept locked securely when unattended.
(c)
High explosives may also be stored in box-type distributing
magazines which shall be constructed and used in accordance with
rules established by the inspector.
(d)
Main storage magazines shall be not less than one thousand
(1,000) feet from any mine opening unless effectively
barricaded.
(e)
The supply kept in distributing magazines shall be limited to
approximately one (1) day's requirements. Supplies of explosives
and detonators may be distributed from the same magazine, if
separated by at least a four (4) inch substantially fastened
hardwood partition or the equivalent.
(f)
The area surrounding magazines for not less than twenty-five
(25) feet in all directions shall be kept free of rubbish, dry
grass, or other materials of a combustible nature.
(g)
If the explosives magazine is illuminated electrically, the
lamps shall be of explosion-proof type, installed and wired so
as to prevent minimum fire and contact hazards.
(h)
Only nonmetallic tools shall be used for opening containers.
Extraneous materials shall not be stored in an explosives or
detonator magazine.
(j)
Smoking, carrying smoker's articles, or open flame shall be
prohibited in or near any magazine.
(k)
Blasting agents shall be used and stored in accordance with
rules established by the inspector.
(m)
Contents stored in magazines pursuant to this section shall be
inventoried once a month or after each use.
30-2-605.
Requirements as to underground magazines; use of nonmetallic
tools.
(a)
Underground magazines shall be of substantial construction and
placed in a crosscut or idle room neck at least twenty-five (25)
feet from roadways or trolley wires and in a reasonably dry and
well-rock-dusted place. The explosives and detonators shall be
kept in separate boxes or magazines, but may be kept in the same
box if separated by at least a four (4) inch substantially
fastened hardwood partition or the equivalent. Not more than a
forty-eight (48) hour supply of explosives, including any
surplus remaining from the previous day, shall be stored
underground in boxes or magazines. The inspector may approve
variances in writing to the forty-eight (48) hour supply limit
if the safety of miners is not adversely affected.
(b)
Explosives and detonators kept near the working faces shall be
stored in separate, closed containers of substantial,
nonconductive material located not less than fifteen (15) feet
from rail or power lines, except if kept in a niche in the rib,
the distance shall be at least five (5) feet, and in a location
out of line of blast where they will not likely be subjected to
shock.
(c)
Explosives and detonators shall be kept in their containers
until removed for use at the working faces.
(d)
Only nonmetallic tools shall be used for opening explosives
containers underground.
(e)
Underground explosives magazines and storage boxes shall be kept
securely locked when unattended.
(f)
Underground explosives magazines and storage boxes shall be
provided with signs indicating their contents.
(g)
Contents stored in magazines and storage boxes pursuant to this
section shall be inventoried at least once a month and after
each use.
30-2-606.
Requirements as to explosives carried underground.
(a)
Permissible explosives or detonators carried underground shall
be in individual containers constructed of substantial
nonconductive material, maintained in good condition and kept
closed.
(b)
When explosives or detonators are transported underground by
locomotive, rope, or shuttle car, they shall be in special
covered cars or in special containers.
(c)
The bodies and covers of special cars and the containers shall
be constructed of nonconductive material.
(d)
If the explosives and detonators are hauled in the same
explosives car or in the same special container, they shall be
separated by at least a four (4) inch substantially fastened
hardwood partition or the equivalent.
(e)
Explosives and detonators shall not be carried on the same
man-trip with workmen.
(f)
Where quantities of explosives and detonators are transported in
special cars or in special containers in cars, they shall be
hauled on a special trip, and shall not be hauled into or out of
a mine within five (5) minutes preceding or following a man-trip
or any other trip.
(g)
Explosives or detonators shall not be transported on flight or
shaking conveyors, scrapers, mechanical loading machines,
locomotives, cutting machines or drill trucks.
30-2-607.
Only permissible explosives or blasting devices to be used;
requirements as to use.
(a)
Only permissible explosives or permissible blasting devices
shall be used in all underground coal mines for the blasting of
coal or other blasting operations, except as otherwise provided
by law.
(b)
The use of permissible explosives shall comply with the
following:
(i)
Fired only with electric detonators of proper strength;
(ii)
Fired with permissible blasting units unless blasting is done
from the surface;
(iii)
Boreholes in coal shall not be drilled beyond the back of the
cut, nor into the solid rib, roof or floor;
(iv)
Boreholes shall be cleaned and checked to see that they are
placed properly and are of correct depth, in relation to the
cut, before being charged;
(v)
To prevent blow-throughs, all portions of the boreholes where
the height of the coal permits, shall have a burden in all
directions of at least eighteen (18) inches before being fired;
(vi)
Boreholes shall be stemmed to the collar with incombustible
material;
(vii)
In gassy mines examinations for gas shall be made immediately
before and as soon as practicable after blasting.
(c)
Charges exceeding one and one-half (1 1/2) pounds, but not
exceeding three (3) pounds, shall be used only if boreholes are
six (6) feet or more in depth, and explosives are charged in a
continuous train, with no cartridges deliberately deformed or
crushed, with all cartridges in contact with each other, and
with the end cartridges touching the back of the hole and the
stemming respectively, and Class A or Class B permissible
explosives are used, provided that the three (3) pound limit
shall not apply to solid rock work such as solid rock tunnels,
shafts, etc.
(d)
Boreholes shall not be charged while any other work is being
done at the face. A shot shall be fired before any other work is
done, except work necessary to safeguard the employees.
(e)
Only wooden tamping bars shall be used when charging holes.
(f)
Leg wires of electric detonators shall be kept shunted or the
ends twisted together until ready to connect to the firing
cable.
(g)
Shots shall not be fired from the power or signal circuit.
(h)
Roof and faces of working places shall be tested immediately
before and after blasting.
(j)
Ample warning shall be given before shots are fired, and care
shall be taken to ascertain that all persons are in the clear.
Men shall be removed from adjoining working places when there is
danger of a shot blowing through.
(k)
Mixed charges shall not be charged or fired in any borehole.
(m)
Adobe (mudcap) or other open, unconfined shots shall not be
fired in any mine.
(n)
Blasting cables shall be well insulated, staggered as to length
or kept well separated when attached to the detonator leg wires,
and kept clear of power wires and other possible sources of
stray currents.
(o)
Power wires in face regions shall be deenergized during charging
and blasting operations.
(p)
Where misfires occur with electric detonators, [a] waiting
period of at least five (5) minutes shall elapse before anyone
returns to the shot. After such failure, the blasting cable
shall be disconnected from the source of power and the battery
end short-circuited before electric connections are examined.
(q)
Explosives shall be removed by firing a separate charge at least
two (2) feet away from, and parallel to, the misfired charge or
by washing the stemming and the charge from the borehole with
water, or by inserting and firing a new primer after the
stemming has been washed out.
CHAPTER
3
MINING
SAFETY
ARTICLE
1
GENERAL
PROVISIONS
30-3-101.
Applicability of W.S. 30-3-101 through 30-3-509.
(a)
W.S. 30-3-101 through 30-3-509 apply to all mines and mining
operations except where:
(i)
A statute refers to a specific type of mine or mining operation;
or
(ii)
By the nature of the mine or mining operation, a statute can
have no application.
30-3-102.
Reasonable safety regulations and precautions; enumeration of
general safety rules; hazards to be posted; care of tools.
(a)
Reasonable safety regulations and precautions shall be observed
in all phases of all mining activities to provide a safe place
for persons to work and to avoid injury and accident.
(b)
No apparatus, piece of equipment, machinery or tool shall be
used when not in good repair or working condition or for any
purpose for which it is not intended or suited.
(c)
No work shall be permitted in any unsafe place unless it is for
the purpose of making the place safe, and then only by
experienced persons under the supervision of a qualified person.
(d)
Special precautions shall be observed in operations where gas
has been found to exist in dangerous quantity.
(e)
Appropriate signs shall be posted where dangerous or temporary
hazards exist.
(f)
Good housekeeping shall be practiced in and around all mining
activities, including cleanliness, orderly and safe storage of
materials, and the removal of possible sources of injury such as
stumbling hazards, protruding nails, broken glass, discarded
equipment, supplies, containers, parts and other similar objects
or materials.
(g)
Tools, except when in actual use, shall be kept in racks, boxes,
kits, or where they will create no hazard.
30-3-103.
Protective gear and clothing to be worn; clothing and devices to
meet safety standards.
(a)
Repealed by Laws 1995, ch. 31, § 2.
(b)
Repealed by Laws 1995, ch. 31, § 2.
(c)
Repealed by Laws 1995, ch. 31, § 2.
(d)
Repealed by Laws 1995, ch. 31, § 2.
(e)
Repealed by Laws 1995, ch. 31, § 2.
(f)
Repealed by Laws 1995, ch. 31, § 2.
(g)
Repealed by Laws 1995, ch. 31, § 2.
(h)
All persons shall wear clothing and use protective devices
required to meet recognized approved safety standards as
specified by rule of the inspector. The rules shall include
requirements for type and fit of clothing, footwear, eye
protection and respiratory protection.
30-3-104.
Working alone prohibited; exception.
No
person shall be required to work alone in any hazardous place
where his life might be endangered, unless he can communicate
with others, can be heard or can be seen.
30-3-105.
Bulletin boards to be maintained for posting rules and
regulations.
Bulletin
boards shall be maintained at central locations in all mining
operations and notices pertaining to safety rules and
regulations and operations shall be posted on them. It shall be
the responsibility of each employee to take notice, and be
advised.
30-3-106.
Permissible methane detector required; permissible methods of
testing for methane; examination of underground mine by mine
examiners; procedure; written record.
(a)
At least two (2) permissible methane detectors in proper working
condition shall be kept available at each mine for the use of
authorized persons. Only permissible flame safety lamps,
permissible methane detectors, or air sampling and analysis
shall be used for determining the presence of methane in mine
air. The number, type and other specifications for flame safety
lamps, methane detectors and other air detectors required under
specific circumstances shall be established by rule of the
inspector.
(b)
Repealed by Laws 1995, ch. 31, § 2.
(c)
Mine examiners shall examine all underground mines before other
persons are permitted to enter. Specific areas of underground
mines shall be subject to examination in accordance with rules
of the inspector. The number, timing, schedule, place and
conduct of all examinations shall be set by the rules. The rules
shall require written verification of all required examinations.
(d)
The mine examiner shall:
(i)
Visit every live working place in the mine;
(ii)
Test for methane;
(iii)
Examine line brattices and fan tubing;
(iv)
Test and inspect the roof, face and rib conditions in all places
examined, including active roadways, travelways, approaches to
abandoned workings and accessible falls in active sections for
explosive gas and other hazards;
(v)
Ascertain that air is traveling in its regular course and in the
required volume in each split;
(vi)
Place his initials and the date at or near the face of each
place examined.
(e)
Where dangerous conditions are found by the mine examiner or
other official, the place shall be [posted] dangered off with an
approved danger sign. Only an authorized person shall cross the
sign and then only for the purpose of correcting the dangerous
condition.
(f)
Upon completion of his examination, the mine examiner shall
report to the mine foreman or a designated certified official
before other persons enter the mine.
(g)
Repealed by Laws 1995, ch. 31, § 2.
(h)
Repealed by Laws 1995, ch. 31, § 2.
(j)
Repealed by Laws 1995, ch. 31, § 2.
(k)
Repealed by Laws 1995, ch. 31, § 2.
(m)
Repealed by Laws 1995, ch. 31, § 2.
(n)
A certified mine foreman immediately directing the activities of
the area subject to the report shall read and countersign the
record book of the mine examiner daily and read and countersign
the daily and weekly reports of unit foremen. Any dangerous
conditions disclosed in the reports shall be corrected promptly.
(o)
All records of daily and weekly reports shall be open for
inspection by interested persons.
30-3-107.
Inspections for safety hazards.
The
operator of each mine, or some competent person designated by
the operator, shall make inspections for safety hazards at least
once, or oftener if necessary for safety, during each working
shift, of all those parts of the operations which are traveled
or being worked.
30-3-108.
Requirements as to buildings generally; fire resistant
structures required.
(a)
Buildings shall be constructed and located in a manner
consistent with recognized good mining practice.
(b)
The inspector shall establish by rule requirements for fire
resistant structures for areas in proximity to underground mine
openings.
30-3-109.
Check-in and check-out system.
Each
mine shall have a check-in and check-out system that will
identify every individual underground. An accurate record of
persons in the mine consisting of a written record or a check
board shall be kept on the surface in a place that will not be
affected in the event of an explosion. The record shall bear a
number identical to the identification check carried by the
person underground.
30-3-110.
Pits and quarries.
(a)
Reasonable precautions shall be taken to insure the safety of
all persons working in and about open excavations, pits and
quarries.
(b)
Overhanging banks shall not be permitted in any excavation, pit
or quarry. Sides and banks shall be sloped to an angle, in view
of the nature and material and the depth of the excavation, that
will minimize the danger of materials sliding or falling.
30-3-111.
Stairways and platforms.
(a)
Stairways, elevated platforms and runways shall be equipped with
handrails.
(b)
Elevated platforms and stairways shall be provided with
toeboards where necessary, kept clear of refuse and maintained
in good repair.
30-3-112.
Roofs of mines; minimum standards; supports; inspection.
(a)
Minimum standards for systematic roof control suitable to the
roof conditions and mining system of each mine shall be adopted
and complied with. A copy of any roof control plan approved by
federal authorities shall be submitted to the inspector within
thirty (30) days of its approval. Additional supports shall be
installed where necessary to afford adequate protection. The
inspector shall establish by rule requirements for roof bolting,
other supports required to protect persons from falling or loose
material, training requirements for persons involved with roof,
rib and face testing and extraction of permanent and temporary
timber.
(b)
Repealed by Laws 1995, ch. 31, § 2.
(c)
Repealed by Laws 1995, ch. 31, § 2.
(d)
Every shaft, incline, winze, adit, tunnel level or drift, and
every working place in an underground mine shall be properly
protected and sufficiently timbered or supported where necessary
to protect persons from injury from falls of roof, ribs or face.
Loose top and overhanging or loose faces and ribs shall be
timbered adequately or taken down.
(e)
Timbers removed or knocked out deliberately or inadvertently
shall be replaced promptly unless unnecessary for adequate roof
support or protection.
(f)
The mine foreman, unit foreman and mine inspectors shall
ascertain if employees understand roof, rib and face testing.
Uninformed and new employees shall be instructed properly in
correct methods of testing.
(g)
Face workers and other employees exposed to hazards from falls
of rock and coal shall, unless this testing is specifically and
satisfactorily performed by others, examine and test the roof,
ribs and face before starting work or before starting a machine
and frequently thereafter. When dangerous conditions are found,
they shall be corrected immediately by taking down loose
materials or by proper and adequate support before any other
work is done.
(h)
At least once each day, the mine foreman or a unit foreman shall
examine roof, ribs, and face of working places and passageways,
where men work or travel, for dangerous conditions. Where found,
such dangerous conditions shall be corrected promptly.
(j)
Repealed by Laws 1995, ch.
(k)
Permanent timber extraction shall be done only by mechanical
means. Persons engaged in this work shall not be permitted to
work alone. Persons assigned to this work shall have not less
than the practical mining experience under comparable conditions
as required by rule of the inspector.
30-3-113.
Rock dusting in coal mines.
(a)
Repealed by Laws 1995, ch. 31, § 2.
(b)
Repealed by Laws 1995, ch. 31, § 2.
(c)
Repealed by Laws 1995, ch. 31, § 2.
(d)
The inspector shall establish by rule for underground coal
mines, areas in which rock dusting is required, required levels
of incombustible content and other content and size requirements
for rock dusting. The inspector or his deputies may require that
sufficient samples of the mine dusts are taken in order to
enforce this section.
30-3-114.
Construction, installation and maintenance of track.
(a)
The roadbed, rails, joints, switches, frogs and other elements
of the track of all haulage roads shall be constructed,
installed and maintained in a manner consistent with speed and
type of haulage operations being conducted to insure safe
operation.
(b)
Track switches, except room and entry development switches,
shall be provided with properly installed throws, bridle bars
and guardrails; switch throws and stands, where possible, shall
be placed on the clearance side.
30-3-115.
Haulage roads; clearance space; shelter holes.
(a)
Repealed by Laws 1995, ch. 31, § 2.
(b)
Repealed by Laws 1995, ch. 31, § 2.
(c)
Repealed by Laws 1995, ch. 31, § 2.
(d)
Repealed by Laws 1995, ch. 31, § 2.
(e)
Ample clearance shall be provided at all points where supplies
are loaded or unloaded along haulage roads or conveyors. The
inspector shall establish by rule required clearances for
haulage roads and conveyors. The rules shall include clearances
required, requirements for suitable crossover or crossunder
bridges and proper guards for travelways.
(f)
Repealed by Laws 1995, ch. 31, § 2.
(g)
Shelter holes shall be provided along haulage entries and slopes
where locomotive, rope or shuttle-car haulage is used. The
inspector shall establish by rule the spacing, sizing and
placement of shelter holes which may vary for different
locations in the mine.
(h)
Repealed by Laws 1995, ch. 31, § 2.
(j)
Repealed by Laws 1995, ch. 31, § 2.
(k)
Repealed by Laws 1995, ch. 31, § 2.
(m)
Repealed by Laws 1995, ch. 31, § 2.
30-3-116.
Abandoned workings; posting at entrances; sealing or
ventilation.
(a)
The entrances to abandoned workings shall be posted to warn
unauthorized persons against entering the territory.
(b)
Abandoned workings shall be sealed or ventilated in accordance
with rules adopted by the inspector.
(c)
Repealed by Laws 1995, ch. 31, § 2.
30-3-117.
Abandoned workings; precautions required when working place
approaches.
Whenever
any working place approaches within two hundred (200) feet of
abandoned workings that cannot be inspected, boreholes shall be
kept as required by rule of the inspector. The rules shall
include spacing and other drilling requirements for the bore
holes.
30-3-118.
Surface outlets; rules specifying surface opening and escapeway
requirements.
(a)
Every underground mine shall have at least two (2) separate
clearly marked outlets to the surface. The two (2) outlets to
the surface need not belong to the same mine if persons can
travel to and from another outlet to the mine.
(b)
The inspector shall adopt rules specifying other surface
opening, travelway and escapeway requirements. The rules shall
provide for adequate fire protection, ventilation and equipment,
designated escapeways and limitations upon the number of persons
allowed in the mine or specific areas of the mine based upon
available escapeways.
(c)
Repealed by Laws 1995, ch. 31, § 2.
(d)
Repealed by Laws 1995, ch. 31, § 2.
(e)
Repealed by Laws 1995, ch. 31, § 2.
(f)
Repealed by Laws 1995, ch. 31, § 2.
(g)
Repealed by Laws 1995, ch. 31, § 2.
(h)
Repealed by Laws 1995, ch. 31, § 2.
(j)
Repealed by Laws 1995, ch. 31, § 2.
(k)
Repealed by Laws 1995, ch. 31, § 2.
(m)
Repealed by Laws 1995, ch. 31, § 2.
ARTICLE
2
EQUIPMENT
AND MACHINERY
30-3-201.
Aerial trams, belts and conveyors.
Aerial
trams, belts, conveyors or other transporting equipment shall be
adequate for the purpose used and shall be installed and
maintained in good workmanlike manner in accordance with
recognized good, safe engineering practice and with rules
adopted by the inspector.
30-3-202.
Bins and chutes.
(a)
All bins shall be designed and constructed to hold and maintain
the load required.
(b)
Chutes for discharging bins shall be of approved design, and
arranged to be conveniently and safely operated, with a uniform
flow to lessen arching of stored material.
(c)
Open top bins shall be protected by adequate guardrails and
toeboards.
30-3-203.
Boilers and compressed air receivers; inspections.
(a)
All boilers used for generating steam shall be kept in good
order. The owner or operator shall have them inspected and
approved in accordance with rules adopted by the inspector.
(b)
All compressed air receivers shall be built and installed
according to standard specifications and shall be inspected and
approved in accordance with rules adopted by the inspector.
30-3-204.
Machinery; standard safety methods and devices required.
(a)
All machinery shall be guarded by standard approved methods and
devices which shall adequately provide protection against
accidents and prevent all access to the danger zones during
operation.
(b)
All persons shall avail themselves of protective devices, shall
observe all rules governing their maintenance and operation and
shall promptly report to the operator or supervisor any unsafe
condition or the lack of any protective device.
(c)
No employee or person or persons shall knowingly do any willful
act to injure or destroy any machinery, which will thereby
endanger the safety of persons, working places or property.
30-3-205.
Cutter chains; enumeration of equipment to be guarded; control
of dust when drilling; repairing or oiling moving machinery
prohibited.
(a)
The cutter chains of mining machines shall be locked securely by
mechanical means to prevent accidental movement while being
trammed or when parked. The inspector shall adopt rules
providing for the adequate guarding of equipment with protruding
bolts, nuts, blades, flywheels, belts, chains and other
mechanisms which can cause serious injury and with which persons
are likely to come into contact.
(b)
Drilling in rock shall be done wet or with other means of dust
control approved by the inspector.
(c)
Repealed by Laws 1995, ch. 31, § 2.
(d)
Machinery shall not be repaired or oiled while in motion.
(e)
A guard or safety device removed from any machine shall be
replaced before the machine is put in operation.
(f)
Repealed by Laws 1995, ch. 31, § 2.
30-3-206.
Use of internal combustion engines prohibited; exception.
(a)
The use of equipment underground powered by internal combustion
engines is prohibited except for those engines conforming to
standards accepted by the MSHA for underground internal
combustion engines. Equipment with engines conforming with rules
adopted by the MSHA shall only be used and operated as
authorized by rule of the inspector.
(b)
Repealed by Laws 1995, ch. 31, § 2.
(c)
Repealed by Laws 1995, ch. 31, § 2.
30-3-207.
Locomotives generally.
(a)
Locomotives shall be equipped with proper devices for rerailing
of locomotives and cars.
(b)
An audible warning device and headlights shall be provided on
each locomotive, shuttle car and any other self-propelled mobile
equipment used underground.
(c)
Where hoists are used for handling men in underground slopes, in
pitching beds, or on slopes between two (2) or more beds, the
provisions governing hoisting or haulage mentioned heretofore
shall apply.
(d)
A permissible trip light shall be used on the rear of trips
pulled, and on the front of trips lowered into slopes or pushed.
Trip lights need not be used during gathering operations at
working faces.
(e)
Pushing of cars on main haulage roads and back-poling is
prohibited except as authorized by rule of the inspector.
(i)
Repealed by Laws 1995, ch. 31, §2.
(ii)
Repealed by Laws 1995, ch. 31, §2.
(iii)
Repealed by Laws 1995, ch. 31, §2.
(iv)
Repealed by Laws 1995, ch. 31, §2.
(f)
Repealed by Laws 1995, ch. 31, § 2.
(g)
Repealed by Laws 1995, ch. 31, § 2.
(h)
Repealed by Laws 1995, ch. 31, § 2.
(j)
Repealed by Laws 1995, ch. 31, § 2.
(k)
Repealed by Laws 1995, ch. 31, § 2.
(m)
Repealed by Laws 1995, ch. 31, § 2.
(n)
Repealed by Laws 1995, ch. 31, § 2.
(o)
Repealed by Laws 1995, ch. 31, § 2.
(p)
Repealed by Laws 1995, ch. 31, § 2.
(q)
Repealed by Laws 1995, ch. 31, § 2.
(r)
The inspector shall adopt rules establishing the authorized use
of locomotives, including persons authorized to ride, materials
which may be hauled, and requirements for boarding, loading,
derailing, blocking, coupling and trip lighting.
30-3-208.
Man-trips operated by locomotives; belt lines; illumination of
stations.
(a)
Man-trips operated by locomotives shall be pulled at safe speed
consistent with the condition of roads and type of equipment
used, and shall be so controlled that they can be stopped within
the limits of visibility. The speed of man-trips on slopes shall
be consistent with the condition of roads and type of equipment
used and shall be limited to speeds established by rules of the
inspector.
(b)
Each man-trip shall be under the charge of a qualified person
and shall be operated independently of any loaded trip of
material.
(c)
Cars on the man-trip shall not be overloaded. Sufficient cars in
good mechanical condition shall be provided.
(d)
No person shall ride under the trolley wire unless suitable
covered man-cars are used.
(e)
No material or tools shall be transported in the same car with
persons on any man-trip. All persons except the motorman and
trip rider shall ride inside of man-trip cars.
(f)
Persons shall not load or unload from moving man-trip cars.
Persons shall proceed in an orderly manner to and from
man-trips.
(g)
A waiting station with sufficient room and ample clearance from
moving equipment shall be provided where persons are required to
wait for man-trips or man-cages.
(h)
Trolley and power wires shall be guarded effectively at man-trip
stations where there is a possibility of any person coming in
contact with energized electric wiring while loading or
unloading from the man-trip.
(j)
Loading and unloading stations shall be illuminated properly.
(k)
A qualified person shall supervise the loading and unloading of
man-trips.
30-3-209.
Standards and use of hoisting equipment established by rule.
(a)
The inspector shall establish by rule requirements for the
operation of hoisting equipment. The rules shall include
permissible materials, manning and training requirements, load
limitations, guard requirements for trolley and power wires, and
illumination and recordkeeping requirements.
(b)
Repealed by Laws 1995, ch. 31, § 2.
(c)
Repealed by Laws 1995, ch. 31, § 2.
(d)
Repealed by Laws 1995, ch. 31, § 2.
(e)
Repealed by Laws 1995, ch. 31, § 2.
(f)
Repealed by Laws 1995, ch. 31, § 2.
(g)
Repealed by Laws 1995, ch. 31, § 2.
(h)
Repealed by Laws 1995, ch. 31, § 2.
(j)
Repealed by Laws 1995, ch. 31, § 2.
(k)
Repealed by Laws 1995, ch. 31, § 2.
(m)
Repealed by Laws 1995, ch. 31, § 2.
30-3-210.
Cages; standards and use established by rule.
(a)
Cages used for hoisting persons shall be of substantial
construction with:
(i)
Adequate steel bonnets;
(ii)
Enclosed sides;
(iii)
Gates, safety chains or bars across the ends of the cage when
persons are being hoisted or lowered;
(iv)
Sufficient handholds or chains for all persons on the cage to
maintain their balance.
(b)
The floor of the cage shall be adequate to carry the load and so
constructed [that] it will be impossible for a person's foot or
body to enter any opening in the bottom of the cage.
(c)
Cages used for handling persons shall be equipped with safety
catches that act quickly and effectively in an emergency.
(d)
Cages shall be inspected daily. Safety catches on cages shall be
tested at least every two (2) months. A written record shall be
kept of inspections and tests. The record may be inspected by
interested persons.
(e)
Repealed by Laws 1995, ch. 31, § 2.
(f)
Repealed by Laws 1995, ch. 31, § 2.
(g)
Repealed by Laws 1995, ch. 31, § 2.
(h)
Repealed by Laws 1995, ch. 31, § 2.
(j)
Repealed by Laws 1995, ch. 31, § 2.
(k)
Repealed by Laws 1995, ch. 31, § 2.
(m)
Repealed by Laws 1995, ch. 31, § 2.
(n)
Repealed by Laws 1995, ch. 31, § 2.
(o)
Repealed by Laws 1995, ch. 31, § 2.
(p)
Repealed by Laws 1995, ch. 31, § 2.
(q)
The inspector shall establish by rule standards for cages used
for hoisting persons. To the extent possible, emergency hoists
shall comply with these standards.
ARTICLE
3
COMMUNICATIONS,
FIRE PREVENTION AND FIRST AID
30-3-301.
Telephone service or communication facilities; location;
insulation; protection; additional standards by rule.
(a)
Telephone service or equivalent communication facilities
installed to reduce the possibility of interruption of service
shall be provided in underground mines at the bottom of each
main shaft or slope and in all mines from the surface to the
working sections of the mine.
(b)
Telephone lines, other than cables, shall be:
(i)
Carried on insulators;
(ii)
Installed on the opposite side from power or trolley wires;
(iii)
Adequately insulated where they cross power or trolley wires.
(c)
Telephone circuits shall be protected by lightning arresters.
(d)
The inspector shall adopt additional rules for telephone and
communication safety.
30-3-302.
Fire-fighting equipment; fire prevention regulations.
(a)
Each mine shall be provided with suitable fire-fighting
equipment, adequate for the size of the mine, such as supplies
of rock dust at doors and at other strategic places, water lines
and hose, water chemical trucks and fire extinguishers to
provide reasonably effective means of controlling fires. The
inspector shall establish by rule additional fire protection
requirements, including:
(i)
Equipment required to be available at specified areas of the
mine;
(ii)
Required examinations for fire after blasting and other
operations;
(iii)
Storage requirements for materials and equipment; and
(iv)
Procedures to be followed in the event of a mine explosion or
fire.
(b)
Repealed by Laws 1995, ch. 31, §2.
(c)
Repealed by Laws 1995, ch. 31, §2.
(d)
Repealed by Laws 1995, ch. 31, §2.
(e)
Repealed by Laws 1995, ch. 31, §2.
(f)
Repealed by Laws 1995, ch. 31, §2.
(g)
Repealed by Laws 1995, ch. 31, §2.
(h)
Repealed by Laws 1995, ch. 31, §2.
(j)
Repealed by Laws 1995, ch. 31, §2.
(k)
Repealed by Laws 1995, ch. 31, §2.
(m)
Repealed by Laws 1995, ch. 31, §2.
30-3-303.
Fire danger to be minimized; when open flame prohibited.
(a)
All structures or installations either underground or above
ground shall be constructed to minimize the danger of fire.
(b)
No material shall be stored underground or above ground that
creates or constitutes a fire hazard.
(c)
Smoking or the use of an open flame is prohibited where it
constitutes a serious hazard.
30-3-304.
Use of arc, spark or open flame prohibited; exceptions; search
for flame-producing devices; welding and cutting operations;
nonpermissible electric lamps prohibited.
(a)
All persons in underground workings of a mine are prohibited
from intentionally creating any arc, spark or open flame, except
those that cannot be avoided in the normal performance of work.
Carrying smoking material or matches, or other flame-making
devices into a mine or smoking underground is prohibited.
(b)
Before entering the mine, employees shall be subject to search
by the mine foreman or his certified designee for smoking
materials or matches, or other flame-producing devices.
(c)
In all underground mines welding and cutting with electricity or
flame is restricted from places where flammable gases are
present or where flammable gases may enter the air course except
necessary welding and cutting in face regions. In the face
regions of gassy mines, necessary welding and cutting in face
regions shall be under the direct supervision of a qualified
person, who shall test for gas before starting operations and
frequently thereafter. Continuous monitoring devices may be used
after the initial gas test has been made. In all welding and
cutting operations, precautions shall be taken against starting
a fire.
(d)
All persons underground shall use only permissible electric
lamps for portable illumination.
30-3-305.
First-aid equipment and training standards established by rule.
(a)
Repealed by Laws 1995, ch. 31, § 2.
(b)
Repealed by Laws 1995, ch. 31, § 2.
(c)
Repealed by Laws 1995, ch. 31, § 2.
(d)
Repealed by Laws 1995, ch. 31, § 2.
(e)
The inspector shall establish by rule standards for first-aid
equipment and training, and ambulance and physician services
required on the surface and throughout the mine.
ARTICLE
4
ELECTRICAL
SAFETY
30-3-401.
Electric installations and equipment.
(a)
The inspector shall adopt rules for electrical installation and
equipment safety requirements for mines. The rules shall
establish:
(i)
Placement and other safety requirements for high potential power
lines;
(ii)
Placement, housing, cooling, encasing and other access
restrictions for transformers;
(iii)
Mounting requirements for pull switches, circuit breakers and
other power controls and requirements for entrances,
illumination and clearances for switchboards;
(iv)
Standards for the installation and support of power lines and
cables, including track used as a power conductor, trolley wires
and feeder wires. The rules shall require that, where
practicable, power be disconnected during repair work and shall
include required protective clothing and equipment for persons
repairing power lines and cables, and trolley wire and feeder
wire;
(v)
Installation requirements and load restrictions for signal
wires;
(vi)
Standards for the use of electrical equipment and testing
standards at specific areas of the mine, including areas
containing specified levels of methane or other explosive gases.
30-3-402.
Repealed by Laws 1995, ch. 31, § 2.
30-3-403.
Repealed by Laws 1995, ch. 31, § 2.
30-3-404.
Repealed by Laws 1995, ch. 31, § 2.
30-3-405.
Repealed by Laws 1995, ch. 31, § 2.
30-3-406.
Repealed by Laws 1995, ch. 31, § 2.
30-3-407.
Repealed by Laws 1995, ch. 31, § 2.
30-3-408.
Repealed by Laws 1995, ch. 31, § 2.
30-3-409.
Repealed by Laws 1995, ch. 31, § 2.
30-3-410.
Repealed by Laws 1995, ch. 31, § 2.
30-3-411.
Repealed by Laws 1995, ch. 31, § 2.
ARTICLE
5
VENTILATION
AND DUST CONTROL
30-3-501.
Ventilation regulations generally; quantity of air required;
record of measurements.
(a)
The operator shall provide and maintain, at all times, for all
persons in every working place, a good and sufficient amount of
ventilation circulating an adequate quantity of fresh air
sufficient to dilute and render harmless any noxious gases or
powder smoke that may be present.
(b)
The number of men on a split shall be no more than the
ventilation system can support. Where dust or fumes in harmful
quantities result from mining, milling or processing operations,
some mechanical or other means which will alleviate this
condition shall be used wherever and whenever practical. The
operator shall furnish and encourage the use of personal
protective devices for alleviating harmful effects of dust and
fumes. Each person shall use the devices furnished by the
operator.
(c)
The quantity of air reaching the last open crosscut in any pair
or set of entries shall not be less than nine thousand (9,000)
cubic feet a minute. However, the quantity of air reaching the
last open crosscut in any pair or set of entries in pillar
sections may be less than nine thousand (9,000) cubic feet of
air a minute, if at least nine thousand (9,000) cubic feet of
air a minute is being delivered to the intake end of the pillar
line. In any underground mine, the operator shall provide on the
surface or underground a fan or other mechanical means for
producing and controlling air circulation within the mine.
(d)
The air current at working faces shall under any condition have
a sufficient volume and velocity to dilute and carry away smoke
from blasting and any flammable or harmful gases.
(e)
At least once each week, the mine foreman or other certified
persons designated by him, shall measure the volume of air near
the main intake or main return, the amount passing through the
last open crosscut of entries, and the volume of air in each
split. A record of these measurements shall be kept in a book on
the surface and shall be open for inspection by interested
persons.
(f)
The main-intake and main-return air currents in mines shall be
in separate openings.
(g)
All slopes or entries in coal mines shall be driven in sets of
two (2) or more.
(h)
In gassy mines haulage roads shall be in intake air.
(j)
Battery-charging stations and transformer stations containing
liquid-filled transformers shall be well ventilated by separate
splits of air conducted through vents to the return air courses
and returning direct to the surface.
(k)
Changes in ventilation that materially affect the main air
current or any split thereof shall be made when the mine is idle
and with no men in the mine, other than those engaged in
changing the ventilation.
(m)
In gassy mines air that has passed through abandoned sections or
that has been used to ventilate pillar lines shall not be reused
to ventilate live workings.
(n)
The inspector shall establish by rule ventilation requirements
for mines and associated surface facilities. The rules may be
generally applicable to all mines or promulgated for specific
types of mines or mining operation and may:
(i)
Establish minimum and maximum volumes of air required for
specified areas of mines;
(ii)
Specify the means for ventilation, including the use,
installation and operation of main mine fans, booster fans,
blower fans, exhausting and other fans, and associated equipment
including warning and monitoring devices;
(iii)
Specify the use, placement and construction of crosscuts, doors
and line brattice needed to provide ventilation;
(iv)
Specify personal protective devices to be used to alleviate the
effects of dust and harmful gases;
(v)
Specify areas of the mine and times for monitoring, and training
requirements for persons monitoring ventilation and associated
equipment or providing ventilation in accordance with this act
or rules adopted under this act;
(vi)
Establish appropriate procedures for making changes in
ventilation;
(vii)
Specify required actions in response to hazards due to
inadequate ventilation, including the existence of specified
levels of dust or gases; and
(viii)
Require recordkeeping in accordance with applicable federal law.
30-3-502.
Repealed by Laws 1995, ch. 31, § 2.
30-3-503.
Booster fans prohibited; exceptions; safeguards required when
used.
(a)
Booster fans are prohibited unless the inspector determines
their installation is necessary for the safe operation and
proper ventilation of the mine and gives permission in writing
to install them. In mines where such fans are now being used
their use may be continued but they, and any new installations,
shall be surrounded with safeguards established by rule of the
inspector and as follows:
(i)
Repealed by Laws 1995, ch. 31, § 2.
(ii)
Repealed by Laws 1995, ch. 31, § 2.
(iii)
In case of booster-fan stoppage, the procedure outlined in this
act with respect to stoppage of main fans shall apply to the
section of the mine affected;
(iv)
Inspected at least twice each shift during which the fan
operates by a certified official designated by the mine foreman.
(b)
The following applies to auxiliary fans with tubing used in
underground mines:
(i)
Repealed by Laws 1995, ch. 31, §2.
(ii)
Repealed by Laws 1995, ch. 31, §2.
(iii)
The fan tubing of an auxiliary fan shall be maintained in good
condition. The discharge end of the tubing shall be kept within
forty-five (45) feet of the face, and not more than three
hundred fifty (350) feet of the tubing shall be extended from
the fan unless otherwise authorized in writing by the inspector
to accommodate larger mining equipment.
(iv)
Repealed by Laws 1995, ch. 31, §2.
(v)
Repealed by Laws 1995, ch. 31, §2.
(vi)
Repealed by Laws 1995, ch. 31, §2.
30-3-504.
Repealed by Laws 1995, ch. 31, § 2.
30-3-505.
Repealed by Laws 1995, ch. 31, § 2.
30-3-506.
Repealed by Laws 1995, ch. 31, § 2.
30-3-507.
Repealed by Laws 1995, ch. 31, § 2.
30-3-508.
Repealed by Laws 1995, ch. 31, § 2.
30-3-509.
Prevention of dust; standards established by rule.
(a)
Repealed by Laws 1995, ch. 31, § 2.
(b)
Repealed by Laws 1995, ch. 31, § 2.
(c)
Repealed by Laws 1995, ch. 31, § 2.
(d)
Repealed by Laws 1995, ch. 31, § 2.
(e)
Repealed by Laws 1995, ch. 31, § 2.
(f)
Repealed by Laws 1995, ch. 31, § 2.
(g)
The inspector shall by rule establish standards for preventing
dust from endangering the safe operation of the mine, including
the enclosure of electric motors, switches and controls.
CHAPTER
4
INTERSTATE
MINING COMPACT
30-4-101.
Authorization to join compact.
The
governor of the state of Wyoming is authorized for and in the
name of the state of Wyoming to join with the other states with
mutual interests in the field of mining in the interstate mining
compact commission.
30-4-102.
Representation in the compact.
The
governor or his designee shall represent the state of Wyoming in
the compact commission and shall perform for the state all of
the powers and duties with respect thereto. If the governor
designates a person to represent the state, that person shall
take the oath of office prescribed by the constitution and shall
file it with the secretary of state.
CHAPTER
5
OIL
AND GAS
ARTICLE
1
IN
GENERAL
30-5-101.
Definitions.
(a)
As used in this act unless the context otherwise requires:
(i)
The term "waste" means and includes:
(A)
Physical waste, as that term is generally understood in the oil
and gas industry;
(B)
The inefficient, excessive or improper use, or the unnecessary
dissipation of, reservoir energy;
(C)
The inefficient storing of oil or gas;
(D)
The locating, drilling, equipping, operating, or producing of
any oil or gas well in a manner that causes, or tends to cause,
reduction in the quantity of oil or gas ultimately recoverable
from a pool under prudent and proper operations, or that causes
or tends to cause unnecessary or excessive surface loss or
destruction of oil or gas;
(E)
The production of oil or gas in excess of (I) transportation or
storage facilities; (II) the amount reasonably required to be
produced in the proper drilling, completing, or testing of the
well from which it is produced, or oil or gas otherwise usefully
utilized: except gas produced from an oil well pending the time
when with reasonable diligence the gas can be sold or otherwise
usefully utilized on terms and conditions that are just and
reasonable;
(F)
Underground or aboveground waste in the production or storage of
oil, gas, or condensate, however caused, and whether or not
defined in other subdivisions hereof; and
(G)
The flaring of gas from gas wells except that necessary for the
drilling, completing or testing of the well;
(H)
The drilling of any well not in conformance to a well density
and spacing program fixed by the commission or other agency,
state or federal, as to any field or pool during a national
emergency when casing or other materials necessary to the
drilling and operation of wells are rationed or in short supply.
(ii)
"Commission" means the Wyoming oil and gas
conservation commission herein created to carry out the
provisions of this act;
(iii)
The word "pool" shall mean an underground reservoir
containing a common accumulation of oil or gas, or both. Each
zone of a general structure, which zone is completely separated
from any other zone in the structure, is covered by the word
"pool" as used herein;
(iv)
"Person" means and includes any natural person,
corporation, association, partnership, receiver, trustee,
executor, administrator, guardian, fiduciary, or other
representative of any kind, and includes any department, agency,
or instrumentality of the state or of any governmental
subdivision thereof; the masculine gender, in referring to a
person, includes the feminine and the neuter genders;
(v)
"Owner" means the person who has the right to drill
into and produce from a pool and to appropriate the oil or gas
he produces therefrom either for himself or others or for
himself and others;
(vi)
"Producer" means the owner of a well or wells capable
of producing oil or gas or both;
(vii)
The word "oil" shall mean crude petroleum oil and any
other hydrocarbons, regardless of gravities, which are produced
at the well in liquid form by ordinary production methods, and
which are not the result of condensation of gas before or after
it leaves the reservoir. The word "gas" shall mean all
natural gases and all hydrocarbons not defined herein as oil;
(viii)
The word "and" includes the word "or," and
the use of the word "or" includes the word
"and." The use of the plural includes the singular,
and the use of the singular includes the plural;
(ix)
"Correlative rights" shall mean the opportunity
afforded the owner of each property in a pool to produce, so far
as it is reasonably practicable to do so without waste, his just
and equitable share of the oil or gas, or both, in the pool.
30-5-102.
Waste prohibited; power of commission to allocate allowable
production.
(a)
The waste of oil and gas or either of them in the state of
Wyoming as in this act defined is hereby prohibited.
(b)
Whenever in order to prevent waste the commission limits the
total amount of oil and gas which may be produced in any pool in
this state to an amount less than that amount which the pool
could produce if no restriction was imposed, the commission
shall allocate or distribute the allowable production among the
several wells or producing properties in the pool on a
reasonable basis, preventing or minimizing reasonably avoidable
drainage from each developed area not equalized by
counter-drainage, so that each property will have the
opportunity to produce or to receive its just and equitable
share, subject to the reasonable necessities for the prevention
of waste.
30-5-103.
Oil and gas conservation commission; composition; expenses;
hearings; director of oil and gas conservation; legal advisors.
(a)
The governor, director of the office of state lands and
investments, the state geologist and two (2) additional members
from the public at large who shall be appointed by the governor,
by and with the consent of the state senate and shall be
citizens and residents of the state of Wyoming and shall be
qualified to serve the oil and gas industry of this state, shall
comprise the commission. The terms of the two (2) members
appointed by the governor shall be for two (2) years except
that, of the initially appointed members, one (1) designated by
the governor, shall serve for one (1) year. The governor may
remove any member he appoints as provided by W.S. 9-1-202.
(b)
Each member of the commission not otherwise in full time
employment of the state, shall receive the same allowances as
other state officials and employees as set forth in section
9-13, Wyoming Statutes 1957 [§9-3-102], as amended while
attending and traveling to and from meetings of the commission,
said fees and expenses to be paid from the funds of the Wyoming
conservation commission.
(c)
The governor shall serve as chairman of the Wyoming oil and gas
conservation commission. The commission shall meet or hold
hearings at such times and places as may be found by the
commission to be necessary to carry out its duties. Three (3)
members of the board shall constitute a quorum.
(d)
The state oil and gas supervisor shall be ex officio the
director of oil and gas conservation, and as such shall be
charged with the duty of enforcing this act and all rules,
regulations and orders promulgated by the commission. The
director of oil and gas conservation with the concurrence of the
commission shall have the authority, and it shall be his duty,
to employ all personnel necessary to carry out the provisions of
this act. The director of oil and gas conservation shall be ex
officio secretary of the Wyoming oil and gas conservation
commission and shall keep all minutes and records of the
commission.
(e)
The attorney general shall be attorney for the commission;
provided, that in cases of emergency, the commission may call
upon the county attorney for the county of Laramie or the county
attorney of the county in which the action is to be brought or
defended to represent the commission until such time as the
attorney general may take charge of the litigation and upon
request, or with the consent of the attorney general, the
commission may retain additional counsel to assist the attorney
general, and for such purpose may employ any funds available
under this act. Any member of the commission, or the secretary
thereof, shall have power to administer oaths to any witness in
any hearing, investigation, or proceeding contemplated by this
act, or by any other law of this state relating to the
conservation of oil and gas.
(f)
Effective July 1, 1979, appointments and terms under this
section shall be in accordance with W.S. 28-12-101 through
28-12-103.
30-5-104.
Oil and gas conservation commission; powers and duties;
investigations; rules and regulations.
(a)
The Wyoming oil and gas conservation commission, herein called
"the commission," has jurisdiction and authority over
all persons and property, public and private, necessary to
effectuate the purposes and intent of this act, including the
authority to set, assess and collect reasonable fees as provided
in this subsection. The fees authorized under this subsection
shall be set in accordance with the following:
(i)
Fees shall be established by rule or regulation promulgated in
accordance with the Wyoming Administrative Procedure Act;
(ii)
Fees shall be established in an amount to ensure that, to the
extent practicable, the total revenue generated from the fees
collected approximates, but does not exceed, the direct and
indirect costs of the administrative activity associated with
the fee;
(iii)
The commission shall maintain records sufficient to support the
fees charged;
(iv)
Fees may be imposed only for:
(A)
Applications for commission or examiner hearings and for
continuances of those hearings;
(B)
Applications for administrative approval;
(C)
Applications for permits to drill oil and gas wells;
(D)
Applications for stratigraphic tests or core holes;
(E)
Injection wells subject to the environmental protection agency
underground injection control program administered by the
commission.
(b)
The commission has authority and it is its duty to make
investigations to determine whether waste exists or is imminent,
or whether other facts exist, which justify or require action by
it hereunder. The commission is authorized to enter orders
following any investigatory hearings if properly noticed to
operators, producers and processors under the provisions of the
Wyoming Administrative Procedure Act and rules of the
commission.
(c)
The commission shall make rules, regulations, and orders, and
shall take other appropriate action, to effectuate the purposes
and intent of this act.
(d)
The commission has authority:
(i)
To require:
(A)
Identification of ownership of wells, producing leases, tanks,
plants and drilling structures;
(B)
The making and filing of reports, well logs, and directional
surveys; provided, however, that logs of exploratory or
"wildcat" wells marked confidential shall be kept
confidential for six (6) months after the filing thereof, unless
the owner gives written permission to release such logs at an
earlier date;
(C)
The drilling, casing, and plugging of wells in such manner as to
prevent the escape of oil or gas out of one (1) stratum into
another, the intrusion of water into an oil and gas stratum, the
pollution of fresh water supplies by oil, gas, or salt water,
and to prevent blowouts, cavings, seepages, and fires;
(D)
The furnishing of a reasonable bond with good and sufficient
surety, conditioned for the performance of the duty to plug each
dry or abandoned well or the repair of wells causing waste;
(E)
The operation of wells with efficient gas-oil and water-oil
ratios, and to fix these ratios;
(F)
Gauging or other measuring of oil and gas to determine the
quantity and quality thereof;
(G)
That every person who produces oil or gas in this state shall
keep and maintain for a period of five (5) years within this
state complete and accurate record of the quantities thereof,
which records or certified copies thereof shall be available for
examination by the commission or its agents at all reasonable
times;
(H)
The payment of reasonable fees authorized under this article.
(ii)
To regulate, for conservation purposes:
(A)
The drilling, producing, and plugging of wells;
(B)
The shooting and chemical treatment of wells;
(C)
The spacing of wells;
(D)
Disposal of salt water, nonpotable water, drilling fluids and
other oil-field wastes which are uniquely associated with
exploration and production operations;
(E)
The contamination or waste of underground water;
(F)
All aspects of oil mining operations provided that nothing
herein shall limit the authority of state mining inspector.
"Oil mining operations" means operations associated
with the production of oil or gas from reservoir access holes
drilled from underground shafts or tunnels.
(iii)
To classify wells as oil or gas wells for purposes material to
the interpretation or enforcement of this act, to make the
determination of wells required by the Natural Gas Pricing
Policy Act of 1978 [Natural Gas Policy Act of 1978], Public Law
95-621 [15 U.S.C. §§3301 through 3432, 42 U.S.C. §7255] and
to make any other determination of wells that be required by the
United States department of energy;
(iv)
When required, in order to protect correlative rights, to
establish drilling units affording each owner an opportunity to
drill for and produce as a prudent operator, and so far as it is
reasonably practicable to do so without waste, his just and
equitable share of the oil or gas or both in the pool and to
restrict or limit the production of oil or gas from any well
which is allowed, after the effective date of this act, as an
exception to the location requirements of or as an additional
well permitted under any order of the commission establishing
drilling units for a pool or part thereof or of any general well
spacing rule or order adopted by the commission for conservation
purposes, upon such terms and conditions as the commission may
determine, upon the commission's own motion or upon application
of any interested person and after notice and hearing as
provided by chapter 6, Wyoming Statutes 1957 [§§30-5-101
through 30-5-204], as amended, and by the commission's rules;
(v)
To adopt rules and regulations to regulate the plugging, sealing
or capping of seismic shot holes, and to require, and fix the
amount of, bonds or deposits to ensure compliance with
regulations governing all geophysical operations;
(vi)
To regulate, excluding discharges permitted under the national
pollutant discharge elimination system, the:
(A)
Location, construction, operation and reclamation of all
noncommercial reserve pits and produced water retention and
emergency overflow pits used solely for the storage, treatment
and disposal of drilling fluids, produced waters, emergency
overflow wastes or other oil field wastes associated with the
maintenance and operation of oil and gas exploration and
production wells on a lease, unit or communitized area in such a
manner as to prevent the contamination of the waters of the
state;
(B)
The noncommercial underground disposal into Class two [2]
injection wells as defined under the federal Safe Drinking Water
Act of salt water, nonpotable water and oil field wastes related
to oil and gas production in such a manner as to prevent
contamination of the waters of the state.
(vii)
To use funds collected under W.S. 30-5-116(b) to plug wells and
seismic holes and reclaim the surrounding area affected by them,
if the commission is unable to enforce its regulations and laws
requiring the owner, seismic contractor or hole plugger to plug
and reclaim and if the owner, seismic contractor or hole plugger
does not have an adequate bond to cover the cost of plugging and
reclamation. Nothing in this paragraph shall be construed to
create any liability by the state for failure to adequately plug
or reclaim wells or holes. If oil field equipment appears to
have been abandoned in the area of a well or hole which is
plugged or reclaimed under this paragraph, the commission may,
after notice and a hearing as provided in W.S. 30-5-105 and
30-5-106 and a finding that the equipment is abandoned, dispose
of the equipment. The commission may dispose of the equipment by
public sale or by transferring it to the contractor who performs
the plugging and reclamation for the commission. The transfer or
proceeds of the sale shall be used to defray the cost of
plugging or reclamation. The commission shall promulgate rules
to implement this paragraph.
30-5-105.
Oil and gas conservation commission; hearings; conducted by
examiners; procedures.
In
addition to the powers and authority, either express or implied,
granted to the Wyoming oil and gas conservation commission by
virtue of the statutes of the state of Wyoming, the commission
is hereby authorized and empowered in prescribing its rules of
order or procedure in connection with hearings or other
proceedings before the commission to provide for the appointment
of one (1) or more examiners to conduct a hearing or hearings
with respect to any matter properly coming before the commission
and to make reports and recommendations to the commission with
respect thereto. Any member of the commission, or its staff or
any other person designated by the commission may serve as an
examiner. The commission may also provide for additional
compensation to be paid to a member of the commission appointed
from the public at large or any other person designated by the
commission for services performed as an examiner at the same
rate as the at-large members of the commission are presently
compensated. The commission shall promulgate rules and
regulations with regard to hearings to be conducted before
examiners which shall provide for rehearing before the
commission, upon the request of any interested party, of any
matter heard before an examiner. The commission may enter orders
based upon the reports and recommendations of its examiners. If
such an order grants the request of an applicant, and no
objection to the granting thereof has been filed or made before
or during the hearing before the examiner, said order shall
become effective immediately. If such an order denies the
request of the applicant, in whole or in part, or if a timely
protest to the granting of an application is filed or made, said
order shall not become effective until: (a) the time prescribed
by rule for the making of a request for rehearing before the
commission has expired without any such request having been made
or (b) all interested parties have waived their right to request
a rehearing, or (c) if timely request for rehearing is made, the
commission after rehearing, shall affirm, revoke or modify such
order. After an order based upon a hearing conducted by an
examiner has become effective, it shall have the same force and
effect as if said hearing had been conducted before the members
of said commission.
30-5-106.
When hearings held before commission.
Notwithstanding
any provision of this act, or any rule of the commission adopted
pursuant to the powers granted to it by this act, the hearing on
any matter or proceeding shall be held before the commission (a)
if the commission in its discretion desires to hear the matter,
or (b) if the application or motion so requests, or (c) if the
matter is initiated on the motion of the commission for
enforcement of any rule, regulation, order, or statutory
provision, or (d) if any party who may be affected by the matter
or proceeding files with the commission more than three (3) days
prior to the date set for the hearing on the matter or
proceeding a written objection to such matter or proceeding
being heard before an examiner, or (e) if the matter or
proceeding is for the purpose of amending, removing or adding a
statewide rule or administrative fee.
30-5-107.
Hearings; W.S. 30-5-105 through 30-5-107 subordinate to
Administrative Procedure Act.
This
act [§§ 30-5-105 through 30-5-107] shall be supplemental but
subordinate to the Wyoming Administrative Procedure Act
(Original House Bill No. 196, 38th Legislature) [§§ 16-3-101
through 16-3-115].
30-5-108.
State oil and gas supervisor; appointment; duties; authority of
commission to appoint other employees; payment of traveling and
living expenses.
To
enable the commission to carry out its duties and powers under
the laws of this state with respect to conservation of oil and
gas, and to enforce the rules and regulations so prescribed, the
commission shall appoint one (1) chief administrator who shall
be a qualified and registered professional petroleum engineer or
petroleum geologist who shall be designated and known as the
"State Oil and Gas Supervisor." Such supervisor shall
hold office at the pleasure of the commission and shall receive
a salary, to be fixed by the commission. The state oil and gas
supervisor shall be charged with such duties as are delegated by
the commission, and in addition thereto he shall investigate
charges and complaints of violation of the laws of this state
with respect to conservation of oil and gas, and any order,
rules and regulation of the commission made in connection
therewith, and report concerning all such violations to the
commission. The commission may at any time, when it finds that
the public interest will be served thereby appoint such other
employees as are found to be necessary, to assist the commission
and the state oil and gas supervisor in the discharge of their
respective duties. All employees or assistants authorized by
this act shall be paid their necessary traveling and living
expenses when traveling on official business, at such rates and
within such limits as may be fixed by the commission, subject to
existing law.
30-5-109.
Rules and regulations governing drilling units.
(a)
When required, to protect correlative rights or, to prevent or
to assist in preventing any of the various types of waste of oil
or gas prohibited by this act, or by any statute of this state,
the commission, upon its own motion or on a proper application
of an interested party, but after notice and hearing as herein
provided shall have the power to establish drilling units of
specified and approximately uniform size covering any pool.
(b)
In establishing a drilling unit, the acreage to be embraced
within each unit and the shape thereof shall be determined by
the commission from the evidence introduced at the hearing but
shall not be smaller than the maximum area that can be
efficiently drained by one (1) well.
(c)
(i)
Subject to the provisions of this act, the order establishing
drilling units for a pool or part thereof shall direct that no
more than one (1) well shall be drilled to and produced from
such pool on any unit, and that the well shall be drilled at a
location authorized by the order, with such exception as may be
reasonably necessary where the drilling unit is located on the
edge of the pool and adjacent to a producing unit, or, for some
other reason, the requirement to drill the well at the
authorized location on the unit would be inequitable or
unreasonable;
(ii)
The state oil and gas supervisor, upon proper application
therefor in accordance with the commission's rules, may grant
exceptions from such authorized location for good cause shown,
either (A) where written consents to the exception applied for
have been given by all owners of drilling units directly or
diagonally offsetting the unit for which the exception is
requested and, as to lands for which drilling units have not
been so established for such pool, by the owners of those lands
which would comprise the directly and diagonally offsetting
drilling units if the drilling unit order for the pool involved
were extended to include such additional lands, in which case
said supervisor may grant such exception immediately, or (B) if
less than all of such owners have so consented to such
exception, where the applicant shows to the satisfaction of said
supervisor (by affidavit stating the time, place and manner of
mailing, or such further proof as said supervisor may require)
that notice of the filing of such application for exception has
been mailed by registered or certified mail with return receipt
to all of such owners failing to so consent and that fifteen
(15) days have elapsed since the date of such mailing without
any of such owners having filed with said supervisor written
objections to the granting of such exception, in which case the
exception may be granted upon the expiration of such fifteen
(15) day period;
(iii)
If any of the owners specified in paragraph (ii) above of this
subsection (c), who have not in writing consented to the
exception applied for, file written objections to the requested
exception with the state oil and gas supervisor during said
fifteen (15) day period following the applicant's mailing of the
notice of filing, or if for any other reason said supervisor
fails to grant such requested exception, then no well shall be
drilled on the drilling unit involved except at the location
authorized by the order establishing such unit, unless and until
the commission shall grant such exception after notice and
hearing upon the application as required by this act. Provided
that in addition to any other notice required by section
30-223(d), Wyoming Statutes 1957 [§ 30-5-111(d)] as amended, or
any other provision of law or the commission's rules, the
commission shall cause notice of any hearing before it on an
application for such exception to be mailed by registered or
certified mail with return receipt to each of the owners
specified in paragraph (ii) above of this subsection (c) at
least ten (10) days before the date of such hearing.
(d)
The commission, upon application, notice, and hearing, may
decrease the size of the drilling units or permit additional
wells to be drilled within the established units in order to
prevent or assist in preventing any of the various types of
waste prohibited by this act or in order to protect correlative
rights, and the commission may enlarge the area covered by the
order fixing drilling units, if the commission determines that
the common source of supply underlies an area not covered by the
order.
(e)
After an order fixing drilling units has been entered by the
commission, the commencement of drilling of any well or wells
into any common source of supply for the purpose of producing
oil or gas therefrom, at a location other than authorized by the
order, is hereby prohibited. The operation of any well drilled
in violation of an order fixing drilling units is prohibited.
(f)
When two (2) or more separately owned tracts are embraced within
a drilling unit, or when there are separately owned interests in
all or a part of the drilling unit, then persons owning such
interests may pool their interests for the development and
operation of the drilling unit. In the absence of voluntary
pooling, the commission, upon the application of any interested
person, may enter an order pooling all interests in the drilling
unit for the development and operation thereof. Each such
pooling order shall be made after notice and hearing and shall
be upon terms and conditions that are just and reasonable.
Operations incident to the drilling of a well upon any portion
of a unit covered by a pooling order shall be deemed for all
purposes to be the conduct of such operations upon each
separately owned tract in the unit by the several owners
thereof. That portion of the production allocated or applicable
to each tract included in a unit covered by a pooling order
shall, when produced, be deemed for all purposes to have been
produced from such tract by a well drilled thereon.
(g)
Each pooling order shall provide for the drilling and operation
of a well on the drilling unit, and for the payment of the cost
thereof, as provided in this subsection. The commission is
specifically authorized to provide that the owner or owners
drilling or paying for the drilling or for the operation of a
well for the benefit of all owners shall be entitled to all
production from the well which would be received by the owner or
owners, for whose benefit the well was drilled or operated,
after payment of royalty as provided in the lease, if any,
applicable to each tract or interest, and obligations payable
out of production, until the owner or owners drilling or
operating the well or both have been paid the amount due under
the terms of the pooling order or order settling the dispute. In
the event of any disputed cost, the commission shall determine
the proper cost. The order shall determine the interest of each
owner in the unit, and may provide that each owner who agrees
with the person or persons drilling and operating the well for
the payment by the owner of his share of the costs, unless he
has agreed otherwise, shall be entitled to receive, subject to
royalty or similar obligations, the share of the production of
the well applicable to the tract of the nonconsenting owner.
Each owner who does not agree, shall be entitled to receive from
the person or persons drilling and operating the well on the
unit his share of the production applicable to his interest
after the person or persons drilling and operating the well have
recovered the following:
(i)
One hundred percent (100%) of each such nonconsenting owner's
share of the cost of any newly acquired surface equipment beyond
the wellhead connections (including, but not limited to, stock
tanks, separators, treaters, pumping equipment and piping), plus
one hundred percent (100%) of each such nonconsenting owner's
share of the cost of operation of the well commencing with first
production and continuing until each such nonconsenting owner's
relinquished interest shall revert to it under other provisions
in this section, it being intended that each nonconsenting
owner's share of such costs and equipment will be that interest
which would have been chargeable to each nonconsenting owner had
it initially agreed to pay its share of the costs of said well
from the beginning of the operation; and
(ii)
Up to three hundred percent (300%) of that portion of the costs
and expenses of drilling, reworking, deepening or plugging back,
testing and completing, after deducting any cash contributions
received and up to two hundred percent (200%) of that portion of
the cost of newly acquired equipment in the well, to and
including the wellhead connections, which would have been
chargeable to the nonconsenting owner if he had participated
therein.
30-5-110.
Agreements for waterflooding or other recovery operations,
repressuring or pressure-maintenance operations, cycling or
recycling operations; operation as a unit of 1 or more pools or
parts thereof and pooling of interests in oil and gas therein.
(a)
An agreement for waterflooding or other recovery operations
involving the introduction of extraneous forms of energy into
any pool, repressuring or pressure-maintenance operations,
cycling or recycling operations, including the extraction and
separation of liquid hydrocarbons from natural gas in connection
therewith, or for carrying any other method of unit or
cooperative development or operation of one (1) or more pools or
parts thereof, is authorized and may be performed, and shall not
be held or construed to violate any of the statutes of this
state relating to trusts, monopolies, or contracts and
combinations in restraint of trade, and may be submitted to the
commission for approval as being in the public interest or
reasonably necessary to prevent waste or to protect correlative
rights. Approval of such agreement by the commission shall
constitute a complete defense to any suit charging violation of
any statute of this state relating to trusts, monopolies and
combinations in restraint of trade on account of such agreement
or on account of operations conducted pursuant thereto. The
failure to submit such an agreement to the commission for
approval shall not for that reason imply or constitute evidence
that such agreement or operations conducted pursuant thereto are
in violation of laws relating to trusts, monopolies and
combinations in restraint of trade.
(b)
Except when context otherwise requires, the terms used or
defined in section 30-216, Wyoming Statutes 1957, Compiled 1967
[§30-5-101], shall have the same meaning when used in this act
[section].
(c)
Any interested person may file an application with the
commission requesting an order providing for the operation as a
unit of one (1) or more pools or parts thereof and for the
pooling of the interests in the oil and gas in the proposed unit
area for the purpose of conducting such unit operation. Such
application shall contain:
(i)
A description of the land and pool, pools or portions thereof
proposed to be so operated, termed the "unit area";
(ii)
The names, as disclosed by the conveyance records of the county
or counties in which the proposed unit area is situated, and the
status records of the district office of the bureau of land
management, of (A) all persons owning or having an interest in
the oil and gas in such unit area or the production therefrom
including mortgages and the owners of other liens or
encumbrances, (B) all owners (as defined in subparagraph (e) of
section 30-216, Wyoming Statutes 1957, Compiled 1967 [§30-5-101(a)(v)])
of every tract of land not included within but which immediately
adjoins the proposed unit area or a corner thereof, and (C) the
addresses of all such persons and owners, if known. If the name
or address of any such person or owner is unknown, the
application shall so indicate;
(iii)
A statement of the type of operations contemplated in order to
effectuate the purposes of this act [section];
(iv)
A proposed plan of unitization applicable to the proposed unit
area which the applicant considers fair, reasonable and
equitable and which shall include provisions for the formula or
method of allocating oil and gas produced from the proposed unit
area to and among the separately owned tracts within such area,
the appointment of a unit operator and the time when the plan is
to become effective.
(v)
A proposed operating plan providing the manner in which the unit
will be supervised and managed and costs allocated and paid,
unless all owners within the proposed unit area have joined in
executing an operating agreement or plan providing for such
supervision, management and allocation and payment of costs.
(d)
Upon filing of such application, the commission shall promptly
set the matter for hearing, and in addition to the notice, if
any otherwise required by law or the commission's rules, shall
cause notice of such hearing, specifying the time and place of
hearing, and describing briefly its purpose and the land
affected, to be mailed by certified mail at least fifteen (15)
days prior to the hearing to all persons whose names and
addresses are required to be listed in the application.
(e)
If after considering the application and hearing the evidence
offered in connection therewith, the commission shall enter an
order setting forth the following described findings and
approving the proposed plan of unitization and proposed
operating plan, if any, if the commission finds that:
(i)
The material allegations of the application are substantially
true;
(ii)
Such unit operation is feasible, will prevent waste, will
protect correlative rights, and can reasonably be expected to
increase substantially the ultimate recovery of oil or gas;
(iii)
The value of the estimated additional recovery of oil or gas
will exceed the estimated additional costs incident to
conducting unit operations;
(iv)
The oil and gas allocated to each separately owned tract within
the unit area under the proposed plan of unitization represents,
so far as can be practically determined, each such tract's just
and equitable share of the oil or gas in the unit area;
(v)
Where the unit embraces less than the whole of a pool, that the
portion thereof to be included within the unit area is of such
size and shape as may be reasonably required for the successful
and efficient conduct of the unitized method or methods of
operation for which the unit is created and that the conduct
thereof will have no material adverse effect upon the remainder
of such pool;
(vi)
In case there are owners who have not executed an operating
agreement or agreed to the proposed operating plan covering the
supervision, management and allocation of payment costs, that
such proposed operating plan:
(A)
Makes a fair and equitable adjustment among the owners within
the unit area for their respective investments in wells, tanks,
pumps, machinery, materials and equipment which have contributed
to the unit operations;
(B)
Provides for a fair and equitable determination of the cost of
unit operations, including capital investment, and establishes a
fair and equitable method for allocating such costs to the
separately owned tracts and for the payment of such costs by the
persons owning such tracts, either directly or out of such
person's respective share of unit production;
(C)
If necessary, prescribes fair, reasonable and equitable terms
and conditions as to time and rate of interest for carrying or
otherwise financing any person who is unable to promptly meet
his financial obligations in connection with the unit; and
(D)
Provides that each owner shall have a vote in the supervision
and conduct of unit operations corresponding to the percentage
of costs of unit operations chargeable against the interests of
such person;
(E)
Provides for fair and equitable terms and conditions for removal
of unit operator and for appointment of a successor unit
operator.
(f)
No order of the commission authorizing the commencement of unit
operations shall become effective until the plan of unitization
has been signed or in writing ratified or approved by those
persons who own at least eighty percent (80%) of the unit
production or proceeds thereof that will be credited to royalty
and overriding royalty interests which are free of costs, and
unless both the plan of unitization and the operating plan, if
any, have been signed, or in writing approved or ratified, by
those persons who will be required to pay at least eighty
percent (80%) of the cost of unit operations. However, to the
extent that overriding royalty interests are in excess of a
total of twelve and one-half percent (12 1/2%) of the production
from any tract, such excess interests shall not be considered in
determining the percentage of approval or ratification by such
cost-free interests. If such consent has not been obtained at
the time the commission order is made, the commission shall,
upon application, hold such supplemental hearings and make such
findings as may be required to determine when and if such
consent has been obtained. Notice of such supplemental hearing
shall be given by regular mail at least fifteen (15) days prior
to such hearing to each person owning interests in the oil and
gas in the proposed unit area whose name and address was
required by the provisions of subsection (c) (ii) of this
section to be listed in the application for such unit
operations. If the required percentages of consent have not been
obtained within a period of six (6) months from and after the
date on which the order of approval is made, such order shall be
ineffective and revoked by the commission, unless, for good
cause shown, the commission extends that time. Any interested
person may file an application with the commission requesting an
order applicable only to the proposed unit area described in the
application which shall provide for the percentage of approval
or ratification by either cost-free or cost-bearing interests,
or both, to be reduced from eighty percent (80%) to seventy-five
percent (75%). The application shall contain the information
required by subsection (c) of this section and any order of the
commission entered pursuant to the application must comply with
subsection (e) of this section. Notice of the hearing on the
application shall be given in the same manner and to the same
persons as required by subsection (d) of this section. If the
commission finds that negotiations were being conducted on the
effective date of this act or have been conducted for a period
of at least nine (9) months prior to the filing of the
application, that the applicant has participated in the
negotiations diligently and in good faith, and that the
percentage of approval or ratification required by this
subsection cannot be obtained, the commission may reduce any
percentage of approval or ratification required by this section
from eighty percent (80%) to seventy-five percent (75%). Such an
order shall affect only the unit area described in the
application and shall operate only to approve the proposed plan
of unitization and proposed operating plan and to reduce the
required percentage of approval or ratification thereof and
shall not change any other requirement contained in this
section.
(g)
From and after the effective date of an order of the commission
entered under the provisions of this act [section], the
operation of any well producing from the unit area defined in
the order by persons other than the unit operator or persons
acting under the unit operator's authority, or except in the
manner and to the extent provided in the plan of unitization
approved by such order, shall be unlawful and is hereby
prohibited.
(h)
An order entered by the commission under this act [section] may
be amended in the same manner and subject to the same conditions
as an original order: provided, (i) if such an amendment affects
only the rights of owners, then consent to such amendment by
those persons who will be credited with unit production or
proceeds thereof free of cost shall not be required; and (ii) no
amendatory order shall change the percentage for the allocation
of oil and gas as established by the original order for any
separately owned tract, except with the written consent of all
persons owning oil and gas rights in such tracts, nor change the
percentage for the allocation of costs as established for any
separately owned tract by the original order, except with the
written consent of all owners in such tracts.
(j)
Upon application by any interested person, the commission, by
order may, in the same manner and subject to the same conditions
as an original order, provide for the unit operation of a pool
or pools, or parts thereof, that embrace a unit area established
by a previous order of the commission or that embrace a unit
area previously established by a previous agreement under which
waterflooding or other recovery operations involving the
introduction of extraneous form of energy into the pool have
been conducted. Such order in providing for the allocation of
unit production, shall first treat the unit area previously
established as a single tract, and the portion of unit
production so allocated thereto shall then be allocated among
the separately owned tracts included in such previously
established unit area in the same proportions as those specified
in the previous order or such previous agreement as the case may
be.
(k)
All operations, including, but not limited to, the commencement,
drilling, or operation of a well upon any portion of the unit
area for all purposes shall be deemed to be the conduct of such
operations upon each separately owned tract in the unit area by
the owner or owners thereof. The portion of the unit production
allocated to a separately owned tract in a unit area shall, when
produced, be deemed, for all purposes, to have been actually
produced from such tract by a well drilled thereon. Operations
conducted pursuant to an order of the commission providing for
unit operations shall constitute a fulfillment of all the
express or implied obligations of each lease or contract
covering lands in the unit area to the extent that compliance
with such obligations cannot be had because of the orders of the
commission. Whenever the commission enters an order providing
for a unit operation, any lease, other than a state or federal
lease, which covers lands that are in part within the unit area
embraced in any such plan of unitization and that are in part
outside of such unit area shall be vertically segregated into
separate leases, one (1) covering all formations underlying the
lands within such unit area and the other covering all
formations underlying the lands outside each unit area, such
segregation to be effective as of the anniversary date of such
lease next ensuing after the expiration of ninety (90) days from
the effective date of unitization; provided, however, that any
such segregated lease as to the outside lands shall continue in
force and effect for the primary term thereof, but not for less
than two (2) years from the date of such segregation and so long
thereafter as operations are conducted under the provisions of
the lease. If any such lease provides for a lump-sum rental and
if rentals become payable under any segregated lease covering
the outside land, such lump-sum rental shall be prorated between
such segregated leases on an acreage basis.
(m)
The portion of the unit production allocated to any tract, and
the proceeds from the sale thereof, shall be the property and
income of the several persons to whom, or to whose credit, the
same are allocated or payable under the order providing for unit
operations.
(n)
No division order or other contract relating to the sale or
purchase of production from a separately owned tract shall be
terminated by the order providing for unit operations, but shall
remain in force and apply to oil and gas allocated to such tract
until terminated in accordance with the provisions thereof.
(o)
Except to the extent that the parties affected so agree, no
order providing for unit operations shall be construed to result
in a transfer of all or any part of the title of any person to
the oil and gas rights in any tract in the unit area. All
property, whether real or personal that may be acquired for the
account of the owners within the unit area, shall be the
property of such owners in the proportion that the expenses of
unit operations are charged.
(p)
Subject to the limitations set forth in this section, and to
such further limitations as may be set forth in the plan of
unitization and operating plan, the operator of the unit shall
have a first and prior lien for costs incurred pursuant to the
plan of unitization and operating plan upon each owner's oil and
gas rights and his share of unitized production to secure the
payment of such owner's proportionate part of the costs of
developing and operating the unit area. The lien may be
established and enforced in the same manner as provided by W.S.
29-3-101 through 29-3-111. For such purposes any nonconsenting
owner shall be deemed to have contracted with the unit operator
for his proportionate part of the cost of developing and
operating the unit area. A transfer or conversion of any owner's
interest or any portion thereof however accomplished after the
effective date of the order creating the unit, shall not relieve
the transferred interest of said operator's lien on said
interest for the cost and expense of unit operations.
(q)
Notwithstanding any other provisions in this act [section] to
the contrary, any person who owns an interest in oil or gas
within the unit area which is not subject to an oil and gas
lease or similar contract, shall, with respect to seven-eighths
of such interest, be deemed to be an owner obligated to pay all
costs of unit operations attributable to such interest and shall
be deemed to be a royalty owner to the extent of one-eighth of
such interest free from such costs.
(r)
The provisions of section (2) through (15) [subsections (b)
through (q)] of this act [section] shall never be applicable for
the purpose of:
(i)
Changing the terms of unit agreements under which waterflooding
or other recovery operations involving the introduction of
extraneous forms of energy into a pool have been conducted prior
to the effective date of this act [section] or changing the
rights of either any person who has executed or ratified such a
preexisting unit agreement or any person who, being qualified to
become a party to such a preexisting unit agreement and having
received an opportunity to become a party thereto, has failed or
refused to execute or ratify such agreement; or
(ii)
Subjecting the interest of any person in the oil and gas in the
unit area to a unit agreement which allocates unit production to
such interest under a formula based solely upon the surface
acreage of the separate tracts within the unit area.
(s)
A certified copy of any order of the commission entered under
the provisions of this act [section] shall be entitled to be
recorded in the office of the register of deeds for the counties
where all or any portion of the unit area is located, and such
recordation shall constitute notice thereof to all persons.
(t)
If any section, subsection, sentence or clause of this act
[section] is adjudged to be unconstitutional or invalid, such
adjudication shall not affect any other portions of this act
[section] which can be given effect without the unconstitutional
or invalid provision, and to this end the provisions of this act
[section] are severable.
30-5-111.
Rules of practice and procedure; hearings; emergency orders;
notice; public inspection.
(a)
The commission shall prescribe rules and regulations governing
the practice and procedure before it.
(b)
No rule, regulation, or order, or amendment thereof, except as
otherwise provided in this act, shall be made by the commission
without a hearing upon at least ten (10) days notice. The
hearing shall be held at such time and place as may be
prescribed by the commission, and any interested person shall be
entitled to be heard.
(c)
When an emergency requiring immediate action is found by the
commission to exist, it is authorized to issue an emergency
order without notice or hearing, which shall be effective upon
promulgation. No emergency order shall remain effective for more
than fifteen (15) days.
(d)
Notice of all hearings before the commission shall be given by
the commission by one (1) publication in a newspaper of general
circulation in Natrona county, and by one (1) publication in a
newspaper of general circulation in the county where the land
affected, or some part thereof, is situated. In all cases where
there is an application for the entry of a pooling order, the
commission, in addition to such publication notice, shall cause
notice of the hearing to be mailed to all owners whose interests
are sought to be pooled. In all cases where a complaint is made
by the commission, or by the state oil and gas supervisor or by
any party that any provision of this act, or any rule,
regulation or order of the commission is being violated, notice
of the hearing on such complaint shall be served on the parties
charged with such violation by any officer authorized by law to
serve summons in civil actions or by an agent authorized and
directed by the commission or its secretary, in the same manner
as is provided in the code of civil procedure for service of
process in civil actions in the district courts of this state;
proof of such service by an officer shall be in the form
provided by law with respect to civil process and proof of such
service by an agent shall be by such agent's affidavit.
(e)
All notices of hearings required to be given by the commission
shall issue in the name of the state, and be signed by a member
of the commission or its secretary, and shall specify the style
and number of the proceeding, the time and place of hearing, and
shall briefly state the purpose of the proceeding.
(f)
In addition to the notice herein provided the commission may, by
rule, regulation or order, require such additional notice to be
given in such manner and for such time as it may deem necessary
and proper.
(g)
All rules, regulations, and orders issued by the commission
shall be in writing, shall be entered in full in books to be
kept by the commission for that purpose, shall be indexed, and
shall be public records open for inspection at all times during
reasonable office hours. Except for orders establishing or
changing rules of practice or procedure, all orders made and
published by the commission shall include and be based upon
written findings of fact, which said findings of fact shall be
entered and indexed as public records in the manner hereinbefore
provided. A copy of any rule, regulation, or order certified by
the commission or its secretary shall be received in evidence in
all courts in this state with the same effect as the original.
(h)
The commission may act upon its own motion, or upon the petition
of any interested person. On the filing of a petition for a
hearing concerning any matter within the jurisdiction of the
commission, it shall promptly fix a date for a hearing thereon
and shall cause notice of the hearing to be given. The hearing
shall be held without undue delay after the filing of the
petition. The commission shall enter its order within thirty
(30) days after the hearing. Any person affected by any order of
the commission shall have the right at any time to apply to the
commission to repeal, amend, modify, or supplement the same.
30-5-112.
Summoning witnesses and production of record; no abridgment of
rights; failure to testify.
(a)
The commission shall have the power to summon witnesses, to
administer oaths, and to require the production of records,
books, and documents for examination at any hearing or
investigation conducted by it. No person shall be excused from
attending and testifying, or from producing books, papers, and
records before the commission or a court, or from obedience to
the subpoena of the commission or a court, on the ground or for
reason that the testimony or evidence, documentary or otherwise,
required of him may tend to incriminate him or subject him to a
penalty or forfeiture; provided, that nothing herein contained
shall be construed as requiring any person to produce any books,
papers, or records, or to testify in response to any inquiry not
pertinent to some question lawfully before the commission or
court for determination. No natural person shall be subjected to
criminal prosecution or to any penalty or forfeiture for or on
account of any transaction, matter, or thing concerning which,
in spite of his objection, he may be required to testify or
produce evidence, documentary or otherwise, before the
commission or court, or in obedience to a subpoena; provided,
that no person testifying shall be exempted from prosecution and
punishment for perjury committed in so testifying.
(b)
Nothing in this act, and no suit by or against the commission,
and no violation charged or asserted against any person under
any provisions of this act, or any rule, regulation or order
issued hereunder, shall impair or abridge or delay any cause of
action for damages which any person may have or assert against
any other person violating any provision of this act, or any
rule, regulation, or order issued thereunder. Any person so
damaged by the violation may sue for and recover such damages as
he otherwise may be entitled to receive. In the event the
commission shall fail to bring suit to enjoin any actual or
threatened violation of this act, or of any rule, regulation or
order made hereunder, then any person or party in interest
adversely affected and who has notified the commission in
writing of such violation or threat thereof and has requested
the commission to sue, may, to prevent any or further violation,
bring suit for that purpose in the district court of any county
in which the commission could have brought suit. If, in such
suit, the court holds that injunctive relief should be granted,
then the commission may be made a party and the court may in its
discretion order the commission to be substituted for the person
who brought the suit or the injunction issue as to the court may
be deemed meet and proper in the premises.
(c)
In case of failure or refusal on the part of any person to
comply with a subpoena issued by the commission, or in case of
the refusal of any witness to testify as to any matter regarding
which he may be interrogated, any district court in the state,
upon the application of the commission, may in term time or
vacation issue an attachment for such person and compel him to
comply with such subpoena, and to attend before the commission
and produce such records, books and documents for examination,
and to give his testimony. Such court shall have the power to
punish for contempt as in the case of disobedience to a like
subpoena issued by the court, or for refusal to testify therein.
30-5-113.
Time within which suit to be brought by person adversely
affected; appeals; procedure.
(a)
Any person adversely affected by and dissatisfied with any rule,
regulation, or order made or issued hereunder, may within ninety
(90) days after the entry thereof bring a civil suit or action
against the commission or the state oil and gas supervisor or
both in the district court of Laramie county, or in the district
court of the county in which the complaining person resides, or
in the U.S. district court for Wyoming, (if it otherwise has
jurisdiction) and not elsewhere, to test the validity of any
provision of this act, or rule, regulation, or order, and to
secure an injunction and other appropriate relief, including all
rights to appeal under applicable rules of civil procedure. Any
case on appeal shall have precedence over any other case then
pending in such court.
(b)
In addition to the foregoing, any person who may feel himself
aggrieved by any rule, regulation, order or decision of the
commission may have an appeal as provided by law, with respect
to appeals from decisions of the board of land commissioners.
All proceedings on appeal, except as herein otherwise provided,
shall be under the provisions of the code of civil procedure as
in other civil cases.
(c)
Any person shall have the right to appeal from a decree or
judgment of the trial court to the supreme court in accordance
with the general laws of this state relating to procedure in
appeals in civil cases.
(d)
No temporary restraining order or injunction of any kind against
the commission or its agents, employees, or representatives, or
the attorney general, shall become effective until the plaintiff
shall execute a bond in such amount and upon such conditions as
the court may direct, and such bond is approved by the judge of
the court and filed with the clerk of the court. The bond shall
be made payable to the state of Wyoming, and shall be for the
use and benefit of all persons who may be injured by the acts
done under the protection of the restraining order or
injunction, if the rule, regulation or order is upheld. No suit
on the bond may be brought after six (6) months from the date of
the final determination of the suit in which the restraining
order or injunction was issued.
(e)
A suit or an appeal involving a test of the validity of any
provision of this act, or a rule, regulation, or order shall be
advanced for trial and be determined as expeditiously as
feasible, and no postponement or continuance thereof shall be
granted unless deemed imperative by the court. The court shall
consider all the evidence, shall not be bound by any finding of
fact or conclusion of law made by the commission, shall hold a
trial de novo, shall pass on the credibility of witnesses and
the weight to be given to their testimony, and shall determine
independently all issues of fact and of law with respect to the
validity and reasonableness of the provision, rule, regulation,
or order complained of.
(f)
No suit, action or other proceeding based upon a violation of
this act or any rule, regulation or order of the commission
hereunder shall be commenced or maintained unless same shall
have been commenced within one (1) year from the date of the
alleged violation.
30-5-114.
Suits by commission for violation or threatened violation of
act; restraining violation; recovery of penalties.
Whenever
it appears that any person is violating or threatening to
violate any provision of this act or any rule, regulation, or
order of the commission, the commission shall bring suit in the
name of the state against such person in the district court in
the county of the residence of the defendant, or in the county
of the residence of any defendant if there be more than one (1)
defendant, or in the county where the violation is alleged to
have occurred, or is threatened, to restrain such person from
continuing such violation or from carrying out the threat of
violation. In such suit the commission may seek to recover
penalties for violations. Upon the filing of any such suit,
summons issued to such person may be directed to the sheriff of
any county in this state for service by such sheriff or a
deputy. In any such suit, the court may grant injunctions,
prohibitory and mandatory, including temporary restraining
orders and temporary injunctions. Appeals may be taken from any
judgment, decree or order in any such suit as provided in the
code of civil procedure and all proceedings in the trial and
appellate court shall have precedence over any other proceedings
then pending in such courts.
30-5-115.
Notice of intention and permit required to drill well; fee.
A
person desiring to drill a well in search of oil or gas shall
notify the commission of such intent on a form prescribed by the
commission, and shall pay a fee established by the commission in
accordance with W.S. 30-5-104(a) for a permit for each well.
Upon receipt of notification and the fee, the commission shall
promptly issue such person a permit to drill, unless the
drilling of the well is contrary to law, or to a rule,
regulation, or order of the commission. The drilling of a well
is prohibited until a permit to drill is obtained in accordance
with the provisions of this act.
30-5-116.
Disposition of monies; payment of expenses; charge assessed on
value of oil or gas produced.
(a)
All monies collected by the commission or as civil penalties
under the provisions of this act shall be remitted to the state
treasurer for deposit in an account within the earmarked revenue
fund. Expenses incident to the administration of this act shall
include expenses for capital construction and shall be paid out
of the account. One half (1/2) of the money so collected may be
expended as needed by the commission for capital construction
purposes.
(b)
There is assessed on the fair cash market value as provided by
W.S. 39-14-203, of all oil and gas produced, sold or transported
from the premises in Wyoming a charge not to exceed eight-tenths
of one (1) mill ($.0008) on the dollar. The commission shall by
order fix the amount of the charge in the first instance and may
reduce or increase the amount as the expenses chargeable may
require. The amounts fixed by the commission shall not exceed
the limit prescribed above. It is the duty of the commission to
collect all assessments. All monies collected shall be remitted
to the state treasurer for deposit in an account within the
earmarked revenue fund and used exclusively to pay the costs and
expenses incurred in connection with the administration and
enforcement of W.S. 30-5-101 through 30-5-119. The persons
owning a working interest, royalty interest, payments out of
production, or any other interest in the oil and gas or in the
proceeds thereof, subject to the charge in this subsection are
liable for the charge in proportion to their ownership at the
time of production. The charge so assessed is payable monthly.
The sum due is payable to the commission, on or before the
twenty-fifth of the month next following the month in which the
charge accrued by the producer on behalf of himself and all
other interested persons. If there is a sale of oil or gas
within this state the charge is payable by the purchaser. Any
charge not paid within the time specified bears interest at the
rate of one percent (1%) per month from the date of delinquency
until paid. This charge together with the interest is a lien
upon the oil or gas against which it is levied and assessed. The
person paying the charge as provided is authorized and required
to deduct from any amounts due the persons owning an interest in
the oil and gas or in the proceeds at the time of production the
proportionate amount of the charge before making the payment.
Subsection (b) of this section shall apply to all lands in the
state of Wyoming, notwithstanding the provisions of W.S.
30-5-118, however, there is exempted from the charge as levied
and assessed the following:
(i)
The interest of the United States of America and the interest of
the state of Wyoming and the political subdivisions thereof in
any oil or gas or in the proceeds thereof;
(ii)
The interest of any Indian or Indian tribe in any oil or gas or
in the proceeds thereof, produced from land subject to the
supervision of the United States;
(iii)
Oil and gas used in producing operations or for repressuring or
recycling purposes.
30-5-117.
Construction of act generally.
It
is not the intent or purpose of this law to require, permit, or
authorize the commission or supervisor to prorate or distribute
the production of oil and gas among the fields of Wyoming on the
basis of market demand. This act shall never be construed to
require, permit or authorize the commission, the supervisor, or
any court to make, enter or enforce any order, rule, regulation
or judgment requiring restriction of production of any pool or
of any well except to prevent waste and to protect correlative
rights.
30-5-118.
Applicability of act.
The
state of Wyoming being a sovereign state and not disposed to
jeopardize or surrender any of its sovereign rights, this act
shall apply to all lands in the state of Wyoming lawfully
subject to its police powers; provided, it shall apply to lands
of the United States or to lands subject to the jurisdiction of
the United States only to the extent that control and
supervision of conservation of oil and gas by the United States
on its lands shall fail to effect the intent and purposes of
this act and otherwise shall apply to such lands to such extent
as an officer of the United States having jurisdiction, or his
duly authorized representative, shall approve any of the
provisions of this act or the order or orders of the commission
which affects such lands; and, furthermore, the same shall apply
to any lands committed to a unit agreement approved by the
secretary of the interior or his duly authorized representative,
except that the commission may, under such unit agreements,
suspend the application of this act or any part of this act so
long as the conservation of oil and gas and the prevention of
waste as in this act provided is accomplished thereby but such
suspension shall not relieve any operator from making such
reports as are necessary or advised to be fully informed as to
operations under such agreements and as the commission may
require under this act.
30-5-119.
Penalties for violation of act, orders of commission; penalties
cumulative.
(a)
Any person who violates any provision of this act or who after
either actual or constructive notice thereof from the commission
or its representative violates any rule, regulation, or order of
the commission shall forfeit to the Wyoming oil and gas
conservation fund an amount of not more than five hundred
dollars ($500.00) for each act of violation to be fixed and
determined by the commission after notice and opportunity for
hearing. Any person who knowingly and wilfully violates any
provision of this act or who after notice thereof from the
commission or its representatives knowingly and willfully
violates any rule, regulation, or order of the commission shall
be subject to a civil penalty to be remitted and payable into
the account of the Wyoming oil and gas conservation commission
fund upon order of the district court of the county in which the
defendant resides, or in which any defendant resides if there be
more than one defendant, or in the district court of any county
in which the violation occurred, or in the district court of
Laramie county, Wyoming, which said civil penalty shall not
exceed the sum of one thousand dollars ($1,000.00) for each act
of violation and for each day that such violation continues.
(b)
Any person who, for the purpose of evading this act or any rule,
regulation, or order of the commission shall make or cause to be
made any false entry in any report, record, account, or
memorandum, required by this act, or by any such rule,
regulation, or order, or shall omit, or cause to be omitted,
from any such report, record, account, or memorandum, full,
true, and correct entries as required by this act, or by any
such rule, regulation, or order, or shall remove from this state
or destroy, mutilate, alter, or falsify any such record,
account, or memorandum, shall be guilty of a misdemeanor and,
upon conviction, shall be subject to a fine of not more than
five thousand dollars ($5,000.00) or imprisonment for a term not
exceeding six (6) months, or to both such fine and imprisonment.
(c)
Any person knowingly aiding or abetting any other person in the
violation of any provision of this act, or any rule, regulation,
or order of the commission shall be subject to the same penalty
and punishment as that prescribed by this act for the violation
by such other person.
(d)
The penalties provided in this section for violations as
prescribed herein shall be recoverable by suit filed by the
attorney general, in the name and on behalf of the state, in the
district court of Laramie county, Wyoming, or the county in
which the defendant resides, or in which any defendant resides
if there be more than one (1) defendant, or in the district
court of any county in which the violation occurred.
(e)
Any person or corporation violating the provisions of this
article or rules and regulations prescribed pursuant hereto or
the lawful orders of the oil and gas supervisor or his
assistants or representatives under said rules and regulations
shall upon conviction be fined not more than five hundred
dollars ($500.00) or imprisoned not more than six (6) months.
(f)
The imposition or payment of any forfeiture or civil penalty as
provided in this section shall not bar or affect any other
penalty or remedy prescribed in this act or by general law but
such forfeiture shall be in addition to any such penalty or
other remedy.
30-5-120.
Additional forfeiture or civil penalty for flaring of gas in
excess of amounts permitted by order of commission.
(a)
Whenever under the provisions of the preceding section [§30-5-119]
a forfeiture or civil penalty is imposed for the flaring of gas
in excess of the amounts permitted by an order of the commission
there shall also be imposed an additional forfeiture or civil
penalty which shall be the greater of either (1) ten percent
(10%) of the amount of the forfeiture or civil penalty, or (ii)
six and one-quarter percent (6 1/4%) of the value of the amount
of gas so flared or vented. Value shall be determined by the
average price being paid at the nearest point of connection.
(b)
Out of said additional forfeiture or civil penalty there shall
be paid to the department of revenue of the state of Wyoming an
amount equal to the mineral severance tax which would have been
payable if the gas had been saved and sold, and the remainder
thereof shall be paid to the county treasurer of the county in
which said gas was produced in lieu of any taxes which would
have been payable to said county if the gas had been saved and
sold.
30-5-121.
Waste of natural gas prohibited.
The
use, consumption, burning or escape into the atmosphere of
natural gas taken or drawn from any natural gas well or wells,
or borings from which natural gas is produced for the products
where such natural gas is burned, consumed or otherwise wasted
without the heat therein contained being fully and actually
applied and utilized for other manufacturing purposes or
domestic purposes is hereby declared to be a wasteful and
extravagant use of natural gas and it shall be unlawful to allow
or permit such natural gas to pollute or contaminate the
atmosphere to such an extent that injury or damage is sustained
by growing crops, vegetation, livestock, wildlife, or domestic
fowls, or to such an extent that the human health, welfare, or
safety is in anywise impaired or damaged.
30-5-122.
Sale of natural gas for wasteful purposes prohibited.
No
person, firm or corporation, having the possession or control of
any natural gas well or wells, except as herein provided, or
borings from which natural gas is produced, whether as a
contractor, owner, lessee, agent or manager, shall use, sell, or
otherwise dispose of natural gas, the product of any such well
or wells, or borings for the purpose of manufacturing or
producing carbon or other resultant products from the burning or
consumption of such natural gas, without the heat therein
contained being fully and actually applied and utilized for
other manufacturing purposes or domestic purposes.
30-5-123.
Penalty for violation of sections 30-5-121 and 30-5-122.
Any
person, firm or corporation violating any of the provisions of
this act [§§ 30-5-121 through 30-5-123] shall be guilty of a
misdemeanor and shall be punished by a fine of not less than one
hundred dollars ($100.00) or more than one thousand dollars
($1,000.00) for each offense and each and every day in which any
person, firm or corporation shall violate any of the provisions
hereof shall constitute a separate offense hereunder and subject
the offender to the penalty hereby provided.
30-5-124.
Purchase or taking ratably oil and gas for transportation
without discrimination in favor of any owner or producer; oil.
Each
person now or hereafter purchasing or taking for transportation
oil from any owner or producer, shall purchase or take ratably
without discrimination in favor of any owner or producer over
any other owner or producer in the same pool offering to sell
his oil produced therefrom to such person. If any such person
purchasing or taking for transportation oil shall not have need
for all such oil lawfully produced within a pool, or if for any
reason it shall be unable to purchase all of such oil, then it
shall purchase from each producer in a pool ratably, taking and
purchasing the same quantity of oil from each well to the extent
that each well is capable of producing its ratable portion;
without waste, provided however, nothing herein contained shall
be construed to require more than one (1) pipeline connection
for each producing well. In the event that any such purchaser or
person taking oil for transportation is likewise a producer or
owner, he is hereby prohibited from discriminating in favor of
his own production, or production in which he may be interested,
and his own production shall be treated as that of any other
producer or owner.
30-5-125.
Purchase or taking ratably oil and gas for transportation
without discrimination in favor of any owner or producer; gas.
Each
person now or hereafter purchasing or taking for transportation
gas produced from gas wells or from oil wells from any owner or
producer shall purchase or take ratably without discrimination
in favor of any owner or producer, over any other owner or
producer in a pool. Such person shall not discriminate in the
quantities purchased, the basis of measurement, or the gas
transportation facilities afforded for gas of like quantity,
quality, and pressure available from such wells. For the purpose
of this act [§§ 30-5-124 through 30-5-126] reasonable
differences in quantity taken or facilities afforded shall not
constitute unreasonable discrimination if such differences bear
a fair relationship to differences in quality, quantity, or
pressure of the gas available or to the acreage attributable to
the well, market requirements, or to the relative lengths of
time during which such gas will be available to the purchaser.
In the event any such purchaser or person taking gas for
transportation is likewise a producer or owner, he is hereby
prohibited from discriminating in favor of his own production or
production in which he may be interested, and his own production
shall be treated as that of any other producer or owner
producing from gas wells in the same pool.
30-5-126.
Purchase or taking ratably oil and gas for transportation
without discrimination in favor of any owner or producer; oil
and gas conservation commission to administer.
In
addition to the powers and authority, either expressed or
implied, granted to the Wyoming oil and gas conservation
commission, by virtue of the statutes of the state of Wyoming,
the commission is hereby authorized and empowered to administer
and enforce the provisions of this act [§§ 30-5-124 through
30-5-126], in the same manner and in accordance with the same
procedures provided by sections 30-216 to 30-231, Wyoming
Statutes 1957 [§§ 30-5-101 through 30-5-119], as amended for
the enforcement and violations of rules, regulations and orders
of the commission.
ARTICLE
2
INTERSTATE
COMPACT ON CONSERVATION
30-5-201.
Governor authorized to join in interstate compact.
The
governor of the state of Wyoming is hereby authorized for and in
the name of the state of Wyoming to join with the other states
in the interstate compact to conserve oil and gas, which was
executed in the city of Dallas, Texas, on the 16th day of
February, 1935, and has been extended to the 1st day of
September, 1955, with the consent of congress, and that said
compact and all extensions are now on deposit with the
department of state of the United States.
30-5-202.
Authority of governor to execute agreements; provision for
withdrawal from compact.
The
governor of the state of Wyoming is further authorized and
empowered, for and in the name of the state of Wyoming to
execute agreements for the further extension of the expiration
date of said interstate compact to conserve oil and gas, and to
determine if and when it shall be to the best interest of the
state of Wyoming to withdraw from said compact upon sixty (60)
days notice as provided by its terms. In the event that he shall
determine that the state shall withdraw from said compact, he
shall have the power and authority to give necessary notice and
to take any and all steps necessary and proper to effect the
withdrawal of the state of Wyoming from said compact.
30-5-203.
Governor designated official representative; authority to
appoint assistant; authority and oath of assistant; removal.
The
governor shall be the official representative of the state of
Wyoming in the compact to conserve oil and gas, and shall
exercise and perform for the state all of the powers and duties
as such, provided he may appoint an assistant representative who
shall act in his stead as the official representative of the
state of Wyoming. His official representative, if not already a
state official, shall take the oath of office prescribed by the
constitution and file the same with the secretary of state. The
governor may remove the assistant representative as provided in
W.S. 9-1-202.
30-5-204.
Construction of W.S. 30-5-201 through 30-5-204.
It
is not the intent or purpose of this act [§§ 30-5-201 through
30-5-204] to require, permit, or authorize the governor,
commission or supervisor to prorate or distribute the production
of oil and gas among the fields of Wyoming on the basis of
market demand. This act shall never be construed to require,
permit or authorize the governor, commission, the supervisor or
any court to make, enter or enforce any order, rule, regulation
or judgment requiring restriction of any production of any pool
or of any well except to prevent waste and to protect
correlative rights.
ARTICLE
3
PAYMENT
FOR INTERESTS IN PRODUCTION
30-5-301.
Payment for production; time for payment; payor.
(a)
The proceeds derived from the sale of production from any well
producing oil, gas or related hydrocarbons in the state of
Wyoming shall be paid to all persons legally entitled thereto,
except as hereinafter provided, commencing not later than six
(6) months after the first day of the month following the date
of first sale and thereafter not later than sixty (60) days
after the end of the calendar month within which subsequent
production is sold, unless other periods or arrangements for the
first and subsequent payments are provided for in a valid
contract with the person or persons entitled to such proceeds.
Payment shall be made directly to the person or persons entitled
thereto by the lessee or operator or by any party who assumes
such payment obligation under any legal arrangement.
(b)
Notwithstanding subsection (a) of this section:
(i)
Payments shall be remitted to the person or persons entitled to
proceeds from production annually for the aggregate of up to
twelve (12) months accumulation of proceeds if the total amount
owed is one hundred dollars ($100.00) or less;
(ii)
Notwithstanding paragraph (i) of this subsection, upon written
request of the payee, payments shall be remitted to the payee
within sixty (60) days following receipt of the request if the
aggregation of the proceeds is twenty-five dollars ($25.00) or
greater;
(iii)
In no case shall payments be made under this section later than
twelve (12) months following the date of cessation of
production;
(iv)
Payments shall be remitted to entitled persons within twelve
(12) months following the date the payor is no longer
responsible for the payments.
(c)
The lessee or operator is exempt from the provisions of W.S.
30-5-301 through 30-5-303, and the purchaser shall assume the
operator's responsibilities for making such payments if the
operator and purchaser have entered into arrangements whereby
the proceeds are paid by the purchaser to those legally entitled
thereto.
30-5-302.
Payment for production; interest on late payments.
Any
delay in determining any person legally entitled to an interest
in the proceeds from production shall not affect payments to all
other persons entitled to payment. In instances where payment
cannot be made for any reason within the time limits specified
in W.S. 30-5-301(a), the lessee or operator, purchaser or other
party legally responsible for payment shall deposit all proceeds
credited to the eventual interest owner to an escrow account in
a federally insured bank or savings and loan institution in
Wyoming, using a standard escrow document form approved by the
attorney general of Wyoming, which deposit shall earn interest
at the highest rate being offered by that institution for the
amount and term of such deposits. The escrow agent may commingle
monies received into escrow from any one lessee or operator,
purchaser or other party legally responsible for payment.
Payment of principal and accrued interest from such accounts
shall be paid by the escrow agent to all persons legally
entitled thereto within thirty (30) days from the date of
receipt by the escrow agent of final legal determination of
entitlement thereto. If the escrow agent is unable to deliver
the payment to the legally entitled person within three (3)
years from the end of the month in which the escrow agent first
received notice of the person legally entitled to the payment,
the payment shall be considered unclaimed for purposes of W.S.
34-24-101 through 34-24-139. Applicable escrow fees shall be
deducted from the payments.
30-5-303.
Payment for production; penalty for violation; jurisdiction;
costs and fees.
(a)
Any lessee or operator, purchaser or other party legally
responsible for payment who violates the provisions of this
article is liable to the person or persons legally entitled to
proceeds from production for the unpaid amount of such proceeds,
plus interest at the rate of eighteen percent (18%) per annum on
the unpaid principal balance from the due date specified in W.S.
30-5-301(a).
(b)
The district court for the county in which a well producing oil,
gas or related hydrocarbons is located has jurisdiction over all
proceedings brought pursuant to this article and the prevailing
party in any proceedings brought pursuant to this article shall
be entitled to recover all court costs and reasonable attorney's
fees.
(c)
Any person who fails to provide royalty information as provided
in W.S. 30-5-305(b) is liable to the affected royalty,
overriding royalty or other nonworking interest owner in the
amount of one hundred dollars ($100.00) per month that complete
reporting is not provided to the interest owner.
30-5-304.
Definitions.
(a)
As used in this act:
(i)
"Lessee" means the person entitled under an oil and
gas lease to drill and operate wells, paying the lessor a
royalty and retaining the remainder, known as the working
interest. The lessee pays all costs of production out of his
interest, the lessor's interest being free and clear of all
those costs;
(ii)
"Lessor" means the mineral owner who has executed a
lease and who is entitled to the payment of a royalty on
production, free and clear of the costs of production;
(iii)
"Operator" means a person engaged in the business of
drilling and producing wells for oil and gas;
(iv)
"Other nonworking interest" means any interest in an
oil and gas lease or well which is not a royalty, overriding
royalty or working interest;
(v)
"Overriding royalty" means a share of production, free
of the costs of production, carved out of the lessee's interest
under an oil and gas lease;
(vi)
"Costs of production" means all costs incurred for
exploration, development, primary or enhanced recovery and
abandonment operations including, but not limited to lease
acquisition, drilling and completion, pumping or lifting,
recycling, gathering, compressing, pressurizing, heater
treating, dehydrating, separating, storing or transporting the
oil to the storage tanks or the gas into the market pipeline.
"Costs of production" does not include the reasonable
and actual direct costs associated with transporting the oil
from the storage tanks to market or the gas from the point of
entry into the market pipeline or the processing of gas in a
processing plant;
(vii)
"Royalty" means the mineral owner's share of
production, free of the costs of production;
(viii)
"Working interest" means the interest granted under an
oil and gas lease, giving the lessee the right to work on the
leased property to search for, develop and produce oil and gas
and the obligation to pay all costs of production;
(ix)
"This act" means W.S. 30-5-301 through 30-5-305.
30-5-305.
Collection; reporting and remittance of royalties.
(a)
Unless otherwise expressly provided for by specific language in
an executed written agreement, "royalty",
"overriding royalty", "other nonworking
interests" and "working interests" shall be
interpreted as defined in W.S. 30-5-304. A division order may
not alter or amend the terms of an oil or gas lease or other
contractual agreement. A division order that alters or amends
the terms of an oil and gas lease or other contractual agreement
is invalid to the extent of the alteration or amendment and the
terms of the oil and gas lease or other contractual agreement
shall take precedence.
(b)
Whenever payment is made for oil or gas production to an
interest owner, all of the following information shall be
included and labeled on the check stub or on an attachment to
the form of payment, unless the information is otherwise
provided on a regular monthly basis:
(i)
The lease, property or well name or any lease, property or well
identification number used to identify the lease property or
well;
(ii)
The month and year during which sales occurred for which payment
is being made;
(iii)
The total number of barrels of oil or thousands of cubic feet of
gas sold;
(iv)
The price per barrel of oil or the price per thousand cubic feet
of gas;
(v)
The total amount of state severance, ad valorem and other
production taxes;
(vi)
An itemized list of any other deductions or adjustments;
(vii)
The net value of total sales after deductions;
(viii)
The owner's interest in sales from the lease, property, or well
expressed as a decimal;
(ix)
The owner's share of the total value of sales prior to any
deductions;
(x)
The owner's share of the sales value less deductions; and
(xi)
An address where additional information pertaining to the
owner's interest in production may be obtained and questions
answered. If information is requested by certified mail, an
answer must be mailed by certified mail within thirty (30) days
of receipt of the request.
CHAPTER
6
STATE
MINER'S HOSPITAL BOARD
30-6-101.
State miner's hospital board.
(a)
The state miner's hospital board is created consisting of the
following members:
(i)
Four (4) members of the Sweetwater County Memorial Hospital
Board appointed by a majority vote of the county commissioners
or the county commissioners shall appoint a designee if a
Sweetwater County Memorial Hospital Board member cannot serve;
(ii)
Four (4) members representing miners, two (2) members from
Sweetwater county and two (2) members from Campbell county, all
appointed by the governor; and
(iii)
One (1) member of the Campbell County Memorial Hospital Board
appointed by a majority vote of the county commissioners or the
county commissioners shall appoint a designee if the a Campbell
County Memorial Hospital Board member cannot serve.
(b)
Except for initial terms pursuant to subsection (c) of this
section, terms of members shall be for four (4) years. Any
vacancy shall be filled by the designated appointing authority
for the remainder of the unexpired term within not more than
thirty (30) days following the date on which the vacancy
occurred. Any voting member may serve not more than two (2)
consecutive terms. However, a member may be reappointed after a
two (2) year absence. Each member shall serve until his
successor is appointed and has been qualified. The governor may
remove any member appointed by him pursuant to W.S. 9-1-202.
(c)
For the initial board, two (2) members appointed by the governor
shall serve a term of four (4) years and two (2) members
appointed by the governor shall serve a term of two (2) years.
Two (2) members appointed from the Sweetwater County Memorial
Hospital Board shall serve a term of four (4) years and two (2)
members shall serve a term of two (2) years. The member
appointed from the Campbell County Memorial Hospital Board shall
serve a term of four (4) years.
(d)
The members shall receive per diem and travel expenses in the
same manner and amount as authorized under W.S. 9-3-102 and
9-3-103 for state employees when on or conducting official
business.
(e)
The board shall meet not less than two (2) times each year. At
the initial meeting of the board, the board shall elect a
chairman. The board is authorized to hire an executive director
and secretary to provide administrative support to the board,
the legislative oversight committee and the miner's hospital.
The executive director and the secretary shall be located in
Sweetwater county unless otherwise directed by the board.
30-6-102.
Account created; expenditures; report.
(a)
There is created within the special revenue fund the miner's
hospital board account. Not later than July 1, 2001, the state
treasurer shall credit to the account six hundred thousand
dollars ($600,000.00) from interest accrued within the miner's
hospital account within the permanent land income fund created
by W.S. 9-4-310(c)(v). The amount available for appropriation
annually to the miner's hospital board account shall not exceed
an amount equal to five percent (5%) of the balance of both the
miner's hospital account within the permanent land fund created
by W.S. 9-4-310(a)(ix) and the miner's hospital income account
within the permanent land income fund created by W.S.
9-4-310(c)(v). No appropriation shall be made from either the
miner's hospital account within the permanent land fund created
by W.S. 9-4-310(a)(ix) or the miner's hospital income account
within the permanent land fund created by W.S. 9-4-310(c)(v) to
another account other than the miner's hospital board account
created by this subsection. The money in the account shall be
used to provide for the expenses of the board and its staff, as
well as to implement the recommendations of the board.
(b)
The board shall:
(i)
Serve disabled or incapacitated miners in this state with
emphasis on pulmonary/respiratory, hearing loss, cardiac and
musculoskeletal conditions of miners due to labor in the mining
industry;
(ii)
Develop a plan to meet the miner's health care needs in this
state. In recommending plans for meeting the miner's health care
needs in this state, the board shall base its initial
recommendations upon the report entitled "The Health Care
Needs Assessment of Wyoming Miners," dated November 13,
2000 prepared by BBC Research and Consulting specifically
dealing with both the medical and geographic findings, as well
as phase II of the plan identifying alternative programs to
address the needs identified in the plan. The plan shall be
based upon the anticipated revenue to the account created by
subsection (a) of this section;
(iii)
Promulgate rules and regulations to implement the provisions of
this act including eligibility for services for miners,
establish administrative procedures for auditing and
accountability;
(iv)
Have authority to contract with service providers for the
purposes of this act.
(c)
Each biennium the board shall, after consultation with the
legislative oversight committee created pursuant to W.S.
30-6-103, recommend expenditures of any monies in the account
created by subsection (a) of this section for purposes of
addressing miner's health issues based upon the plan prepared by
the board under subsection (b) of this section. The
recommendations shall be reviewed by the joint appropriations
interim committee and any recommendations from the committee
shall be included in the budget for appropriation. Any
recommendations shall require legislative appropriation to
become effective.
(d)
Not later than December 1 of each year, the board shall report
to the governor, the legislative oversight committee created
pursuant to W.S. 30-6-103 and the joint appropriations interim
committee on the activities of the board including any
recommendations made for expenditure of monies from the account
created by subsection (a) of this section to address miner's
health issues in this state.
(e)
As used in this section:
(i)
"Coal or other mine" means an area of land from which
minerals are extracted and processed in nonliquid form or, if in
liquid form, through an in situ leach process;
(ii)
"Miner" means a resident of Wyoming who has worked in
a mine in this state or a contiguous state who is or was
employed at a coal or other mine or at a processing or
conversion facility contiguous to the mine and dependent upon
the output of that mine as feedstock. "Miner" shall
include the operator of the mine or plant if the operator works
on a continuing or irregular basis;
(iii)
"Mining" means coal mining, metal ore mining and
nonmetallic mineral mining and quarrying. "Mining"
includes coal, trona, bentonite, gypsum, sand and gravel and
other stone and uranium mining.
30-6-103.
Legislative oversight committee.
(a)
There is created the state miner's hospital board legislative
oversight committee consisting of:
(i)
Two (2) members of the senate appointed by the president of the
senate, one (1) member from each political party;
(ii)
Three (3) members of the house of representatives appointed by
the speaker, not more than two (2) of whom shall be from the
same political party.
(b)
The committee shall include one (1) member from Campbell county
and one (1) member from Sweetwater county.
(c)
The committee shall serve in an advisory capacity to the board
for the purposes of this act, and provide appropriate
legislative recommendations. The committee shall counsel with
and advise the board for the administration and performance of
all the duties of the board pursuant to this act.
(d)
The committee created by this section shall cease to exist on
July 1, 2004.
CHAPTER
7
ENERGY
MARKETING
ARTICLE
1
WYOMING
ENERGY COMMISSION
30-7-101.
Wyoming energy commission.
(a)
The Wyoming energy commission is created.
(b)
The duties and responsibilities of the commission are:
(i)
Developing a comprehensive Wyoming state energy policy;
(ii)
Developing and promoting the marketing of both raw and
beneficiated products and services;
(iii)
Endeavoring to assure a reliable, abundant and affordable supply
of energy to meet the needs of Wyoming people, business and
industry;
(iv)
To review and where appropriate make recommendations to
streamline permitting timetables for the siting of power plants,
transmission lines, natural gas and other energy pipelines;
(v)
To review and where appropriate make recommendations to
streamline permitting and development of associated
infrastructure needs for use in remote construction areas;
(vi)
To explore the potential, practicality and market viability of
establishing additional utility corridors to enhance movement of
Wyoming products and electronic transmissions to and from other
markets, and to make recommendations to the legislature or an
appropriate state agency, statute or rule and regulatory changes
necessary to meet this goal;
(vii)
To develop markets for increased Wyoming natural gas production
and to eliminate pipeline constraints which currently exist, by
expanding natural gas pipeline capacity;
(viii)
Facilitating and implementing policies to maintain Wyoming's
competitive energy potential as the BTU capital of the western
hemisphere;
(ix)
Investigating mechanisms to encourage energy production, power
plant construction and value added energy development;
(x)
Communicating with other states to determine how Wyoming can
help meet their respective energy needs;
(xi)
Striving to develop multi-state energy efforts and consortiums
as a way to market Wyoming energy;
(xii)
Reviewing, and where appropriate recommending streamlining state
rules and regulations relating to energy development projects,
while protecting Wyoming's environment;
(xiii)
To communicate Wyoming's energy potential and willingness to
provide to private sector developers, state and local
governments, federal agencies and utilities dependable energy
supplies;
(xiv)
Developing and promoting the maximum use of cost effective
conservation and renewable energy resources;
(xv)
Recommending proposed research, development and demonstration
projects and programs necessary to evaluate the availability and
cost effectiveness of conservation and renewable resources in
Wyoming;
(xvi)
Promoting policies that maximize economic benefits to the people
of Wyoming regarding the development of Wyoming's energy
resources, including promotion of significant corporate presence
within the state;
(xvii)
To support the development of, and to coordinate with, a
centralized grid-wide database that tracks prospective demand,
and tracks generation and transmission facilities that are
proposed, being permitted, permitted or under construction;
(xviii)
To support regional assessments of whether, and how, gas
supplies and transmission can be increased to meet summer peak
load demand;
(xix)
To establish an advisory committee which shall include three (3)
landowners and three (3) persons representing entities involved
in energy transmission and transportation to advise on private
property rights-of-way, power corridors and just compensation
issues.
(c)
The commission shall have up to fifteen (15) members. The
commission shall consist of six (6) members of the legislature,
three (3) from each house, to be appointed by the leadership,
two (2) from the minority party. The remainder of the commission
shall be appointed by the governor with the consultation of the
joint minerals, business and economic development interim
committee of the legislature.
(d)
The commission shall be administered and audited by the office
of the governor. The commission shall be paid per diem in the
same manner as the legislators.
(e)
The commission shall provide a preliminary progress report to
the joint minerals, business and economic development interim
committee by December 15, 2001.
(f)
This commission shall dissolve March 1, 2005 unless extended by
the 2005 legislature.
(g)
The Wyoming energy commission is authorized to seek and utilize
matching grants, private funding and other federal government
grants and assistance to further the purposes of the commission.
(h)
The commission may contract with consultants as necessary to
carry out the purposes of this section.
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