Va. Code Ann. § 45.2-1002 — Virginia Code / Title 45.2 / Subtitle II / Part C / Chapter 10 / Article 1 / Section 45.2-1002
Application of chapter
Status: in_force

A. The provisions of this chapter shall not apply to the extraction of coal:

1. By a landowner for his own noncommercial use from land owned or leased by him; or

2. As an incidental part of federal, state, or local government-financed highway or other construction under regulations established by the Director.

B. Any agency, unit, or instrumentality of the Commonwealth, or of federal or local government, including any publicly owned utility or publicly owned corporation of federal, state, or local government, that proposes to engage in coal surface mining operations that are subject to the requirements of this chapter shall comply with the provisions of this chapter.

1979, c. 290, §§ 45.1-259, 45.1-253; 1984, c. 590; 1988, c. 295; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-704 — Virginia Code / Title 45.2 / Subtitle II / Part B / Chapter 7 / Article 2 / Section 45.2-704
Employment and duties of top persons; plan for excavation of shaft or slope
Status: in_force

A. During the construction or modification of any shaft or slope mine, the person engaged in the actual construction or modification of such mine shall employ one or more top persons certified pursuant to § 45.2-534 . It is the duty of such top person to examine for proper and safe practices and materials used during the construction or modification of a shaft or slope mine. Such duties shall at all times be performed in the immediate vicinity of the shaft or slope under construction.

B. Prior to commencing the excavation of any shaft or slope, the operator shall submit to the Department a copy of the plan that includes the following: (i) the name and location of the mine and shaft or slope; (ii) a description of the work and methods to be used in the construction of the shaft or slope; (iii) a description of the methods to be used to ensure wall and roof stability; (iv) a description of the system of ventilation to be used, including procedures for evacuation of the shaft or slope if a fan stoppage occurs; (v) details of hoisting equipment to be used; and (vi) such other information as the Chief requires. The excavation of such shaft or slope shall not begin until the plan is approved by the Chief.

1980, c. 442, § 45.1-20.1; 1994, c. 28 , § 45.1-161.250; 2011, cc. 826 , 862 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-557 — Virginia Code / Title 45.2 / Subtitle II / Part A / Chapter 5 / Article 6 / Section 45.2-557
Reports of other accidents and injuries
Status: in_force

A. Each miner employed at a mine shall promptly notify his supervisor of any injury received during the course of his employment.

B. Each operator shall keep on file a report of each accident, including any accident that does not result in a lost-time injury. Copies of an accident report shall be given to the person injured or to his designated representative to review such report and verify its accuracy prior to filing it for review by state or federal mine inspectors.

Code 1950, §§ 45-7, 45-12, 45-68.4, 45-69, 45-73, 45-75, 45-78, 45-79, 45-81, 45-83; 1950, p. 156; 1954, c. 191; 1966, c. 594, § 45.1-21; 1976, c. 598; 1978, cc. 222, 489; 1982, c. 255; 1984, cc. 178, 590; 1988, c. 577; 1993, cc. 171, 442; 1994, c. 28 , § 45.1-161.79; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-800 — Virginia Code / Title 45.2 / Subtitle II / Part B / Chapter 8 / Article 1 / Section 45.2-800
Face and other equipment
Status: in_force

A. The cutter chains of any mining machine shall be locked securely by mechanical means or an electrical interlock while such machine is parked or being trammed.

B. Drilling in rock shall be conducted wet or other means of dust control shall be used.

C. Each electric drill or other electrically operated rotating tool intended to be held in the hand shall have the electric switch constructed so as to break the circuit when the hand releases the switch or shall be equipped with a properly adjusted friction or safety clutch.

D. While equipment is in operation or is being trammed, no miner shall position himself or be placed in a pinch point between such equipment and the face or any rib of the mine or another piece of equipment in the mine.

E. Each piece of equipment that is raised for repairs or other work shall be securely blocked prior to any person positioning himself where the falling of such equipment could create a hazardous condition.

Code 1950, § 45-85.1; 1954, c. 191; 1966, c. 594, § 45.1-87; 1979, c. 315; 1994, c. 28 , § 45.1-161.123; 1996, c. 774 ; 1999, c. 256 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1016 — Virginia Code / Title 45.2 / Subtitle II / Part C / Chapter 10 / Article 2 / Section 45.2-1016
Performance bonds
Status: in_force

A. After a coal surface mining permit application has been approved, but before such permit is issued, the applicant shall file with the Director, on a form prescribed and furnished by the Director, a bond for performance payable to the Commonwealth and conditioned upon the faithful performance of all the requirements of this chapter and the permit. The bond shall cover that area of land within the permit area upon which the operator plans to initiate and conduct surface coal mining and reclamation operations within the initial term of the permit. As each succeeding increment of coal surface mining and reclamation operations is initiated and conducted within the permit area, the permittee shall file with the Director an additional bond to cover such increment in accordance with this section. The amount of the bond required for each bonded area shall be determined by the Director and shall (i) depend upon the reclamation requirements of the approved permit and (ii) reflect the probable difficulty of reclamation, giving consideration to such factors as topography, geology of the site, hydrology, and revegetation potential. The amount of the bond shall be sufficient to assure the completion of the reclamation plan if the work is performed by the Director in the event of forfeiture but in no case shall the bond for the entire area under one permit be less than $10,000.

B. Liability under a performance bond shall be for the duration of the coal surface mining and reclamation operation and for a period coincident with the operator's responsibility for revegetation as required under regulations adopted pursuant to § 45.2-1017 . The bond shall be executed by the operator and a corporate surety licensed to do business in the Commonwealth, except that the operator may elect to deposit cash, negotiable bonds of the United States or the Commonwealth, or negotiable certificates of deposit of any bank organized for transacting business in the United States. The cash deposit or market value of such securities shall be equal to or greater than the amount of the bond required for the bonded area.

C. Cash or securities deposited pursuant to subsection B shall be deposited upon the same terms as the terms upon which surety bonds may be deposited. Such securities shall be security for the repayment of such negotiable certificate of deposit.

D. The Director may accept a letter of credit on certain designated funds issued by a financial institution authorized to do business in the United States. Such letter of credit shall be irrevocable and unconditional, shall be payable to the Department upon demand, and shall afford the Department protection equivalent to a corporate surety's bond. Such letter of credit shall be provided on a form and in a format established by the Director. Nothing in this section shall relieve the permittee of responsibility under the permit or the issuer of liability on the letter of credit.

E. The issuer of a letter of credit pursuant to subsection D shall give prompt notice to the permittee and the Department of any notice received or action filed alleging the insolvency or bankruptcy of the issuer, or alleging any violation of a regulatory requirement that could result in the suspension or revocation of the issuer's charter or license to do business. In the event the issuer becomes unable to fulfill any of its obligations under the letter of credit for any reason, the issuer shall immediately notify the permittee and the Department. Upon the incapacity of an issuer by a reason of bankruptcy, insolvency, or the suspension or revocation of its charter or license, the permittee shall be deemed to be without proper performance bond coverage and shall promptly notify the Department. The Department shall then issue a notice to the permittee specifying a reasonable period not exceeding 90 days to replace bond coverage. If an adequate bond is not posted by the end of the period allowed, the permittee shall cease coal extraction and coal processing operations and shall immediately begin to conduct reclamation operations in accordance with its reclamation plan. No coal extraction or coal processing operation shall resume until the Department has determined that an acceptable bond has been posted. If an acceptable bond has not been posted by the end of the period allowed, the Department may suspend the permit until an acceptable bond is posted.

F. The Director may develop and adopt an alternative system to achieve the objectives and purposes of the bonding program established under this section.

G. The amount of the bond or deposit required and the terms of each acceptance of the applicant's bond shall be adjusted by the Director from time to time as affected land acreages are increased or decreased or where the cost of future reclamation changes.

1979, c. 290, § 45.1-241; 1984, c. 590; 1997, c. 285 ; 1998, c. 692 ; 2014, cc. 111 , 135 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-837 — Virginia Code / Title 45.2 / Subtitle II / Part B / Chapter 8 / Article 4 / Section 45.2-837
Bleeder systems
Status: in_force

A. Every mine shall have a system, approved by the Chief, of bleeder openings of air courses designed to provide positive movement of air through or around worked-out areas. Such system shall be sufficient to prevent a hazardous accumulation of gas in any such area and to minimize the effect of variations in atmospheric pressure. Each operator shall submit a bleeder system plan that complies with requirements developed by the Chief.

B. The system requirements developed by the Chief shall, at a minimum, address standards for (i) supplemental roof supports, (ii) water accumulation, (iii) continuous movement of gases from gob areas, (iv) methane content, (v) the use and operation of degasification systems, (vi) air flow direction and content, and (vii) ventilation controls. The Chief shall not approve a plan that provides for a methane content exceeding 4.5 percent in bleeder air courses.

C. This section shall not prohibit the sealing of worked-out areas in accordance with § 45.2-845 . The mine map requirements of § 45.2-542 may be used to depict bleeder system standards specified in this section.

D. Failure to comply with an approved plan is a violation of this section.

Code 1950, § 45-60.4; 1954, c. 191; 1966, c. 594, § 45.1-56; 1968, c. 310; 1978, c. 120; 1993, c. 442; 1994, c. 28 , § 45.1-161.220; 1996, c. 774 ; 1999, c. 256 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-752 — Virginia Code / Title 45.2 / Subtitle II / Part B / Chapter 7 / Article 8 / Section 45.2-752
Self-propelled equipment
Status: in_force

A. Every piece of self-propelled mobile transportation or haulage equipment for use underground shall be equipped with safe seating facilities for the person operating the equipment unless it is equipped for remote control operation. Where seating facilities are provided on a piece of self-propelled mobile equipment, the person operating such equipment shall be seated before the equipment is put into motion.

B. Every piece of track-mounted equipment shall be equipped with proper lifting devices for the rerailing of such equipment.

C. An audible warning device and headlights shall be provided on each locomotive, shuttle car, or other piece of self-propelled mobile transportation or haulage equipment.

D. A trip light capable of being seen for at least 300 feet underground shall be used on the rear of any trip that is pulled and on the front of any pushed trip or trip that is lowered on a slope; however, a trip light need not be used if a locomotive is used on each end of a trip.

E. Effective measures, including use of a trailing locomotive, slides, skids, or drags, shall be taken during track haulage to ensure that safe control is maintained when a grade creates a potential hazard.

F. Where block signals are used, procedures to safely control traffic movement within the system shall be established in writing and posted and reviewed with all miners.

Code 1950, §§ 45-69.1, 45-69.3; 1954, c. 191; 1966, c. 594, §§ 45.1-72, 45.1-73; 1979, c. 315; 1983, c. 70; 1985, c. 302; 1994, c. 28 , § 45.1-161.141; 1996, c. 774 ; 1999, c. 256 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-749 — Virginia Code / Title 45.2 / Subtitle II / Part B / Chapter 7 / Article 8 / Section 45.2-749
Refuge from moving traffic
Status: in_force

Upon the approach of moving traffic, any miner not engaged in haulage operations shall take refuge in a shelter hole or other place of safety.

Code 1950, § 45-69.5; 1954, c. 191; 1966, c. 594, § 45.1-71; 1994, c. 28 , § 45.1-161.138; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1157 — Virginia Code / Title 45.2 / Subtitle III / Part A / Chapter 11 / Article 8 / Section 45.2-1157
Notices of violations
Status: in_force

A. If the Director or a mine inspector has reasonable cause to believe that a violation of the Act has occurred, he shall with reasonable promptness issue a notice of violation to the person responsible for the violation. Each notice of violation shall be in writing, shall describe with particularity the nature of the violation, including a reference to the provision of the Mineral Mine Safety Act or the appropriate regulation violated, and shall include an order of abatement and set a reasonable time for abatement of the violation.

B. A copy of the notice of violation shall be delivered to the licensed operator or his agent or the mine foreman and to any independent contractor whose employees were exposed to a hazard related to the violation.

C. Upon a finding by the mine inspector of the completion of the action required to abate such violation, the Director or the mine inspector shall issue a notice of correction, a copy of which shall be delivered as provided in subsection B.

D. The notice of violation shall be deemed the final order of the Department and shall not be subject to review by any court or agency unless, within 20 days following its issuance, the person to whom the notice of violation was issued appeals its issuance by notifying the Department in writing that he intends to contest its issuance. The Department shall conduct informal conference or consultation proceedings, presided over by the Director, pursuant to § 2.2-4019 , unless the person and the Department agree to waive such a conference or proceeding to go directly to a formal hearing. If such a conference or proceeding is waived, or if it fails to dispose of the case by consent, the Department shall conduct a formal hearing pursuant to § 2.2-4020 . The formal hearing shall be presided over by a hearing officer pursuant to § 2.2-4024 , who shall recommend findings and an initial decision, which shall be subject to review and approval by the Director. Any party aggrieved by and claiming unlawfulness of such decision is entitled to judicial review pursuant to Article 5 (§ 2.2-4025 et seq.) of the Administrative Process Act.

E. If it is finally determined that a notice of violation was not issued in accordance with the provisions of this section, such notice of violation shall be vacated and the improperly issued notice of violation shall not be used to the detriment of the person or the operator to whom it was issued.

1997, c. 390 , § 45.1-161.292:63; 1998, c. 695 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-555 — Virginia Code / Title 45.2 / Subtitle II / Part A / Chapter 5 / Article 6 / Section 45.2-555
Reports of explosions and mine fires; procedure
Status: in_force

A. If an explosion or mine fire occurs in a mine, the operator shall notify the Department by the quickest available means. All facilities of the mine shall be made available for rescue and recovery operations and firefighting.

B. No work other than rescue and recovery work and firefighting shall be attempted unless authorized by the Department.

C. If an explosion occurs in an underground coal mine, the fan shall not be reversed except by authority of the officials in charge of rescue and recovery work, and then only after a study of the effect of reversing the fan on any person who may have survived the explosion and is still underground.

D. The Department shall make available all the facilities at its disposal in effecting rescue and recovery work. The Chief shall act as consultant, or take personal charge, where in his opinion the circumstances of any mine explosion, fire, or other accident warrant.

E. The orders of the official in charge of rescue and recovery work shall be respected and obeyed by all persons engaged in rescue and recovery work.

F. The Chief shall maintain an up-to-date rescue and recovery plan for prompt and adequate employment at any coal mine in the Commonwealth. All employees of the Department shall be kept fully informed and trained in their respective duties in executing rescue and recovery plans. The Department's plan shall be reviewed annually. Any changes in the plan shall be published promptly and made available to all operators of mines.

Code 1950, § 45-14; 1954, c. 191; 1966, c. 594, § 45.1-6; 1984, c. 590; 1994, c. 28 , § 45.1-161.77; 1997, c. 390 ; 1999, c. 256 ; 2011, cc. 826 , 862 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1600 — Virginia Code / Title 45.2 / Subtitle IV / Chapter 16 / Article 1 / Section 45.2-1600
Definitions
Status: in_force

As used in this chapter, unless the context requires a different meaning:

"Abandonment of a well" or "cessation of well operations" means the time at which (i) a gas or oil operator has ceased operation of a well and has not properly plugged the well and reclaimed the site as required by this chapter, (ii) a gas or oil operator has allowed the well to become incapable of production or conversion to another well type, or (iii) the Director revokes a permit or forfeits a bond covering a gas or oil operation.

"Associated facility" means any facility utilized for gas or oil operations in the Commonwealth, other than a well or a well site.

"Barrel" means 42 U.S. gallons of liquids, including slurries, at a temperature of 60 degrees Fahrenheit.

"Board" means the Virginia Gas and Oil Board.

"Coalbed methane gas" means occluded natural gas produced from coalbeds and rock strata associated with it.

"Coalbed methane gas well" means a well capable of producing coalbed methane gas.

"Coalbed methane gas well operator" means any person who operates or has been designated to operate a coalbed methane gas well.

"Coal claimant" means a person identified as possessing an interest in production royalties when a drilling unit is force-pooled or who asserts or possesses a claim to funds that are held in escrow, for a force-pooled coalbed methane gas well, or in suspense, for a voluntarily pooled coalbed methane gas well, by virtue of owning an interest in the coal estate contained within the drilling unit subject to the pooling order or agreement.

"Coal operator" means any person who operates or has the right to operate a coal mine.

"Coal owner" means any person who owns, leases, mines and produces, or has the right to mine and produce a coal seam.

"Coal seam" means any stratum of coal 20 inches or more in thickness. "Coal seam" includes a stratum of less than 20 inches in thickness if it (i) is being commercially worked or (ii) in the judgment of the Department could foreseeably be commercially worked and will require protection if a well is drilled through it.

"Correlative right" means the right of each gas or oil owner having an interest in a single pool to have a fair and reasonable opportunity to obtain and produce his just and equitable share of production of the gas or oil in such pool or its equivalent without being required to drill unnecessary wells or incur other unnecessary expenses to recover or receive the gas or oil or its equivalent.

"Cubic foot of gas" means the volume of gas contained in one cubic foot of space at a standard pressure base of 14.73 pounds per square foot and a standard temperature base of 60 degrees Fahrenheit.

"DEQ" means the Department of Environmental Quality.

"Disposal well" means any well drilled or converted for the disposal of drilling fluids, produced waters, or other wastes associated with gas or oil operations.

"Drilling unit" means the acreage on which one gas or oil well may be drilled.

"Enhanced recovery" means (i) any activity involving injection of any air, gas, water, or other fluid into the productive strata; (ii) the application of pressure, heat, or other means for the reduction of viscosity of the hydrocarbons; or (iii) the supplying of additional motive force other than normal pumping to increase the production of gas or oil from any well or pool.

"Evidence of a proceeding or agreement" means written evidence that the coal claimant has (i) filed and has pending a judicial or arbitration proceeding against the gas claimant to determine the ownership of the coalbed methane gas and the right to the funds held in escrow or suspense or (ii) reached an agreement with the gas claimant to apportion the funds between them.

"Exploratory well" means any well drilled to (i) find and produce gas or oil in an unproven area, (ii) find a new reservoir in a field previously found to be productive of gas or oil in another reservoir, or (iii) extend the limits of a known gas or oil reservoir.

"Field rules" means rules established by order of the Board that define a pool, drilling units, production allowables, or other requirements for gas or oil operations within an identifiable area.

"First point of sale" means, for oil, the point at which the oil is (i) sold, exchanged, or transferred for value from one person to another person or (ii) when used by the original owner of the oil, transported off the permitted site and delivered to another facility for use by the original owner. "First point of sale" means, for gas, the point at which the gas is (a) sold, exchanged, or transferred for value to any interstate or intrastate pipeline, local distribution company, or person for use by such person or (b) when used by the owner of the gas for a purpose other than the production or transportation of the gas, delivered to a facility for use.

"Gas" or "natural gas" means all natural gas, whether hydrocarbon, nonhydrocarbon, or any combination or mixture thereof, including hydrocarbons, hydrogen sulfide, helium, carbon dioxide, nitrogen, hydrogen, casing head gas, and all other fluids not defined as oil pursuant to this section.

"Gas claimant" means a person who is identified as possessing an interest in production royalties when a drilling unit is forced-pooled or who asserts or possesses a claim to funds that are held in escrow, for a force-pooled coalbed methane gas well, or in suspense, for a voluntarily pooled coalbed methane gas well, by virtue of owning an interest in the gas estate contained within the drilling unit subject to the pooling order or agreement.

"Gas or oil operations" means any (i) activity relating to drilling, redrilling, deepening, stimulating, production, enhanced recovery, converting from one type of a well to another, combining or physically changing to allow the migration of fluid from one formation to another, or plugging or replugging any well; (ii) ground-disturbing activity relating to the development, construction, operation, or abandonment of a gathering pipeline; (iii) development, operation, maintenance, or restoration of any site involved with gas or oil operations; or (iv) work undertaken at a facility used for gas or oil operations. "Gas or oil operations" embraces all of the land or property that is used for or that contributes directly or indirectly to a gas or oil operation, including all roads.

"Gas or oil operator" means any person who operates or has been designated to operate any gas or oil well or gathering pipeline.

"Gas or oil owner" means any person who owns, leases, has an interest in, or has the right to explore for, drill, or operate a gas or oil well as principal or lessee. If the gas is owned separately from the oil, this definition shall apply separately to the gas owner or oil owner.

"Gas title conflicts" means conflicting ownership claims between gas claimants. "Gas title conflicts" does not include conflicting ownership claims between a gas claimant and a coal claimant.

"Gathering pipeline" means a pipeline that is used or intended for use in the transportation of gas or oil from the well to (i) a transmission pipeline regulated by the U.S. Department of Transportation or the State Corporation Commission or (ii) an offsite storage, marketing, or other facility where the gas or oil is sold.

"Geophysical operator" means a person who has the right to explore for gas or oil using ground-disturbing geophysical exploration.

"Gob" means the de-stressed zone associated with any full-seam extraction of coal that extends above and below the mined-out coal seam.

"Ground-disturbing" means any changing of land that could result in soil erosion from water or wind and the movement of sediments into state waters, including clearing, grading, excavating, drilling, and transporting and filling of land.

"Ground-disturbing geophysical exploration" or "geophysical operation" means any activity in search of gas or oil that breaks or disturbs the surface of the earth, including road construction or core drilling. The term does not include the conduct of (i) a gravity, magnetic, radiometric, or similar geophysical survey or (ii) a vibroseis or similar seismic survey.

"Injection well" means any well used to inject or otherwise place any substance associated with gas or oil operations into the earth or underground strata for disposal, storage, or enhanced recovery.

"Inspector" means the Virginia Gas and Oil Inspector appointed by the Director pursuant to § 45.2-1604 or such other public officer, employee, or other authority who in an emergency acts instead of, or by law is assigned the duties of, the Virginia Gas and Oil Inspector.

"Log" means the written record progressively describing all strata, water, oil, or gas encountered in drilling, depth and thickness of each bed or seam of coal drilled through, quantity of oil, volume of gas, pressures, rate of fill-up, freshwater-bearing and saltwater-bearing horizons and depths, cavings strata, casing records, and other information usually recorded in the normal procedure of drilling. "Log" includes electrical survey records or electrical survey logs.

"Mine" means an underground or surface excavation or development with or without shafts, slopes, drifts, or tunnels for the extraction of coal, minerals, or nonmetallic materials, commonly designated as mineral resources, and the hoisting or haulage equipment or appliances, if any, for the extraction of the mineral resources. "Mine" includes all of the land or property of the mining plant, including both the surface and subsurface, that is used in or contributes directly or indirectly to the mining, concentration, or handling of the mineral resources, including all roads.

"Mineral" means the same as that term is defined in § 45.2-1200 .

"Mineral operator" means any person who operates or has the right to operate a mineral mine.

"Mineral owner" means any person who owns minerals, leases minerals, mines and produces minerals, or has the right to mine and produce minerals and to appropriate such minerals that he produces from it, either for himself or for himself and others.

"Nonparticipating operator" means a gas or oil owner of a tract that is included in a drilling unit who elects to share in the operation of the well on a carried basis by agreeing to have his proportionate share of the costs allocable to his interest charged against his share of production from the well.

"Offsite disturbance" means any soil erosion, water pollution, or escape of gas, oil, or waste from gas, oil, or geophysical operations off a permitted site that results from activity conducted on a permitted site.

"Oil" means natural crude oil or petroleum and other hydrocarbons, regardless of gravity, that are produced at the well in liquid form by ordinary production methods and are not the result of condensation of gas after it leaves the underground reservoir.

"Orphaned well" means any well abandoned prior to July 1, 1950, or for which no records exist concerning its drilling, plugging, or abandonment.

"Participating operator" means a gas or oil owner who elects to (i) bear a share of the risks and costs of drilling, completing, equipping, operating, plugging, and abandoning a well on a drilling unit and (ii) receive a share of production from the well equal to the proportion that the acreage in the drilling unit he owns or holds under lease bears to the total acreage of the drilling unit.

"Permittee" means any gas, oil, or geophysical operator holding a permit for gas, oil, or geophysical operations issued under authority of this chapter.

"Person under a disability" means the same as that term is defined in § 8.01-2 .

"Pipeline" means any pipe above or below the ground used or to be used to transport gas or oil.

"Plat" or "map" means a map, drawing, or print showing the location of a well, mine, or quarry, or other information required under this chapter.

"Pool" means an underground accumulation of gas or oil in a single and separate natural reservoir. A pool is characterized by a single natural pressure system so that production of gas or oil from one part of the pool tends to or does affect the reservoir pressure throughout its extent. A pool is bounded by geologic barriers in all directions, such as geologic structural conditions, impermeable strata, or water in the formation, so that it is effectively separated from any other pool that may be present in the same geologic structure. A "coalbed methane pool" means an area that is underlain or appears to be underlain by at least one coalbed capable of producing coalbed methane gas.

"Project area" means the well and any gathering pipeline, associated facility, road, and any other disturbed area, all of which are permitted as part of a gas, oil, or geophysical operation.

"Restoration" means all activity required to return a permitted site to other use after gas, oil, or geophysical operations have ended, as approved in the operations plan for the permitted site.

"Royalty owner" means any owner of gas or oil in place, or owner of gas or oil rights, who is eligible to receive payment based on the production of gas or oil.

"State waters" means all water, on the surface and under the ground, that is wholly or partially within or bordering the Commonwealth or within its jurisdiction and that affects the public welfare.

"Stimulation" means any action taken by a gas or oil operator to increase the inherent productivity of a gas or oil well, including fracturing, shooting, or acidizing, but excluding (i) cleaning out, bailing, or workover operations and (ii) the use of surface-tension reducing agents, emulsion breakers, paraffin solvents, or other agents that affect the gas or oil being produced, as distinguished from the producing formation.

"Storage well" means any well used for the underground storage of gas.

"Surface owner" means any person who is the owner of record of the surface of the land.

"Waste" or "escape of resources" means (i) physical waste, as that term is generally understood in the gas and oil industry; (ii) the inefficient, excessive, or improper use or unnecessary dissipation of reservoir energy; (iii) the inefficient storing of gas or oil; (iv) the locating, drilling, equipping, operating, or producing of any gas or oil well in a manner that causes or tends to cause a reduction in the quantity of gas or oil 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 gas or oil; (v) the production of gas or oil in excess of transportation or marketing facilities; (vi) the amount reasonably required to be produced in the proper drilling, completing, or testing of the well from which it is produced, except gas produced from an oil well or condensate 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; or (vii) underground or aboveground waste in the production or storage of gas, oil, or condensate, however caused. "Waste" does not include gas vented from a methane drainage borehole or coalbed methane gas well where necessary for safety reasons or for the efficient testing and operation of a coalbed methane gas well, nor does it include the plugging of a coalbed methane gas well for the recovery of the coal estate.

"Waste from gas, oil, or geophysical operations" means any substance other than gas or oil that is produced or generated during or results from (i) the development, drilling, and completion of any well and associated facility or the development and construction of gathering pipelines or (ii) well, pipeline, and associated facility operations, including brines and produced fluids other than gas or oil. "Waste from gas, oil, or geophysical operations" includes all rubbish and debris, including all material generated during or resulting from well plugging, site restoration, or the removal and abandonment of gathering pipelines and associated facilities.

"Water well" means any well drilled, bored, or dug into the earth for the sole purpose of extracting from it potable, fresh, or usable water for household, domestic, industrial, agricultural, or public use.

"Well" means any shaft or hole sunk, drilled, bored, or dug into the earth or into underground strata for the extraction, injection, or placement of any gaseous or liquid substance or any shaft or hole sunk or used in conjunction with such extraction, injection, or placement. "Well" does not include any shaft or hole sunk, drilled, bored, or dug into the earth for the sole purpose of pumping or extracting from it potable, fresh, or usable water for household, domestic, industrial, agricultural, or public use and does not include any water borehole, methane drainage borehole where the methane is vented or flared rather than produced and saved, subsurface borehole drilled from the mine face of an underground coal mine, any other borehole necessary or convenient for the extraction of coal or drilled pursuant to a uranium exploratory program carried out pursuant to the laws of the Commonwealth, or any coal or non-fuel mineral core hole or borehole drilled for the purpose of exploration.

1982, c. 347, § 45.1-288; 1984, c. 590; 1987, c. 452; 1988, c. 160; 1990, c. 92, § 45.1-361.1; 1992, c. 812; 1993, c. 254; 2015, c. 396 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-537 — Virginia Code / Title 45.2 / Subtitle II / Part A / Chapter 5 / Article 4 / Section 45.2-537
Application for license for the operation of a coal mine
Status: in_force

A. An application for a license for the operation of a coal mine shall be submitted by the person who will be the operator of the mine. No application for a license or a renewal thereof shall be considered complete unless it contains the following:

1. The identity of the operator of the mine.

a. If the operator is a sole proprietorship, the operator shall state (i) his full name and address; (ii) the name and address of the mine and its federal mine identification number; (iii) the name and address of the person with overall responsibility for operating decisions at the mine; (iv) the name and address of the person with overall responsibility for health and safety at the mine; (v) the federal mine identification numbers of all other mines in which the sole proprietor has a 20 percent or greater ownership interest; and (vi) the trade name, if any, and the full name, address of record, and telephone number of the proprietorship.

b. If the operator is a partnership, the operator shall state (i) the name and address of the mine and its federal mine identification number; (ii) the name and address of the person with overall responsibility for operating decisions at the mine; (iii) the name and address of the person with overall responsibility for health and safety at the mine; (iv) the federal mine identification numbers of all other mines in which the partnership has a 20 percent or greater ownership interest; (v) the full names and addresses of all partners; (vi) the trade name, if any, and the full name and address of record and telephone number of the partnership; and (vii) the federal mine identification numbers of all other mines in which any partner has a 20 percent or greater ownership interest.

c. If the operator is a corporation, the operator shall state (i) the name and address of the mine and its federal mine identification number; (ii) the name and address of the person with overall responsibility for operating decisions at the mine; (iii) the name and address of the person with overall responsibility for health and safety at the mine; (iv) the federal mine identification numbers of all other mines in which the corporation has a 20 percent or greater ownership interest; (v) the full name, address of record, and telephone number of the corporation and the state of incorporation; (vi) the full name and address of each officer and director of the corporation; (vii) the full name, address, and state of incorporation of the parent corporation if the corporation is a subsidiary corporation; and (viii) the federal mine identification numbers of all other mines in which any corporate officer has a 20 percent or greater ownership interest.

d. If the operator is any organization other than a sole proprietorship, partnership, or corporation, the operator shall state (i) the nature and type, or legal identity of the organization; (ii) the name and address of the mine and its federal mine identification number; (iii) the name and address of the person with overall responsibility for operating decisions at the mine; (iv) the name and address of the person with overall responsibility for health and safety at the mine; (v) the federal mine identification numbers of all other mines in which the organization has a 20 percent or greater ownership interest; (vi) the full name, address of record, and telephone number of the organization; (vii) the name and address of each individual who has an ownership interest in the organization; (viii) the names and addresses of the principal organization officials or members; and (ix) the federal mine identification numbers of all other mines in which any official or member has a 20 percent or greater ownership interest;

2. The name and address of any agent of the operator with responsibility for the business operation of the mine and of any person with an ownership or leasehold interest in the coal to be mined;

3. The names and addresses of persons to be contacted in the event of an accident or other emergency at the mine;

4. Any information required by the Department that is relevant to an assessment of the safety and health risks likely to be associated with the operation of the mine; and

5. For any license renewal, the annual report required pursuant to § 45.2-540 . When no change has occurred to the information required by subdivision 1, 2, or 3, the operator of the mine shall only be required to certify that such information on the current license application is accurate and complete.

B. The application shall be certified as being accurate and complete by the applicant if an individual or by the agent of a corporate applicant or by a general partner of an applicant that is a partnership. The application shall be submitted on forms furnished or approved by the Department.

C. Within 30 days after the occurrence of any change in the information required by subsection A, the operator shall notify the Department, in writing, of such change.

Code 1950, §§ 45-7, 45-12, 45-17.3, 45-68.4, 45-69, 45-73, 45-75, 45-78, 45-79, 45-81, 45-83; 1950, p. 156; 1954, c. 191; 1958, c. 306; 1966, c. 594, §§ 45.1-21, 45.1-24; 1976, c. 598; 1978, cc. 222, 489; 1982, c. 255; 1984, cc. 178, 590; 1988, c. 577; 1993, cc. 171, 442; 1994, c. 28 , § 45.1-161.59; 1996, c. 774 ; 1997, c. 390 ; 1999, c. 256 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1101 — Virginia Code / Title 45.2 / Subtitle III / Part A / Chapter 11 / Article 1 / Section 45.2-1101
Definitions
Status: in_force

As used in the Mineral Mine Safety Act and in regulations adopted under the Act, unless the context requires a different meaning:

"Abandoned area" means the inaccessible area of an underground mine that is sealed or ventilated and in which further mining is not intended.

"Accident" means (i) a death of an individual at a mine; (ii) a serious personal injury; (iii) an entrapment of an individual for more than 30 minutes; (iv) an unplanned inundation of a mine by liquid or gas; (v) an unplanned ignition or explosion of gas or dust; (vi) an unplanned mine fire not extinguished within 30 minutes of discovery; (vii) an unplanned ignition or explosion of a blasting agent or an explosive; (viii) an unplanned roof fall at or above the anchorage zone in active workings where roof bolts are in use, or an unplanned roof or rib fall in active workings that impairs ventilation or impedes passage; (ix) a rock outburst that causes withdrawal of miners or that disrupts regular mining activity for more than one hour; (x) an unstable condition at a water or silt retaining dam or mine refuse pile that requires emergency action in order to prevent failure or causes individuals to evacuate an area, or failure of such retaining dam or refuse pile; (xi) damage to hoisting equipment in a shaft or slope that endangers an individual or interferes with use of the equipment for more than 30 minutes; and (xii) an event at a mine that causes death or serious personal injury to any individual not at a mine at the time the event occurs.

"Active area" means any place in a mine that is ventilated, if underground, and examined regularly.

"Active workings" means any place in a mine where miners are normally required to work or travel.

"Agent" means any person charged by the operator with responsibility for the operation of all or a part of a mine or the supervision of miners in a mine.

"Approved" means, with reference to a device, apparatus, equipment, condition, method, course, or practice, approved in writing by the Director.

"Approved competent person" means a person with more than two years of experience designated by the Department as having the authority to function as a mine foreman even though the person has less than five years of experience. If an approved competent person meets all the criteria for certification as a mine foreman other than the experience criteria, he may perform the duties of a mine foreman except the pre-shift examination.

"Armored cable" means a cable provided with a wrapping of metal, plastic, or other approved material.

"Authorized person" means a person who is assigned by the operator or agent to perform a specific type of duty or to be at a specific location in the mine and is task-trained in accordance with requirements of the federal mine safety law.

"Blower fan" means a fan with tubing used to direct part of a particular circuit of air to a working place.

"Booster fan" means an underground fan installed in conjunction with a main fan to increase the volume of air in one or more circuits.

"Cable" means (i) a stranded conductor, known as single-conductor cable, or (ii) a combination of conductors insulated from one another, known as multiple-conductor cable.

"Certified person" means a person who holds a valid certificate from the Department authorizing him to perform the particular task to which he is assigned.

"Circuit" means a conducting part or a system of conducting parts through which an electric current is intended to flow.

"Circuit breaker" means a device for interrupting a circuit between separable contacts under normal or abnormal conditions.

"Competent person" means a person having abilities and experience that fully qualify him to perform the particular duty to which he is assigned.

"Cross entry" means any entry or set of entries, turned from main entries, from which room entries are turned.

"Division" means the Division of Mineral Mining.

"Experienced surface miner" means a person with more than six months of experience working at a surface mine or the surface area of an underground mine.

"Experienced underground miner" means a person with more than six months of underground mining experience.

"Federal mine safety law" means the Federal Mine Safety and Health Act of 1977 (P.L. 91-173, as amended by P.L. 95-164) and regulations adopted thereunder.

"Fuse" means an overcurrent protective device with a circuit-opening fusible member directly heated and destroyed by the passage of overcurrent through it.

"Ground" means a conducting connection between an electric circuit or electrical equipment and earth or some conducting body that serves in place of earth.

"Grounded" means connected to earth or to some connecting body that serves in place of earth.

"Hazardous condition" means a condition that is likely to cause death or serious personal injury to a person exposed to such condition.

"Imminent danger" means the existence of any condition or practice in a mine that could reasonably be expected to cause death or serious personal injury before such condition or practice can be abated.

"Inactive mine" means a mine (i) at which (a) coal or minerals have not been excavated or processed or (b) work, other than examination by a certified person or emergency work to preserve the mine, has not been performed for a period of 30 days at an underground mine or for a period of 60 days at a surface mine; (ii) for which a valid license is in effect; and (iii) at which reclamation activities have not been completed.

"Independent contractor" means any person who contracts to perform services or construction at a mine.

"Intake air" means air that has not passed through the last active working place of the split or by the unsealed entrance to an abandoned area and by analysis contains at least 19.5 percent oxygen and not more than 0.5 percent carbon dioxide and does not contain a hazardous quantity of flammable gas or a harmful quantity of poisonous gas.

"Interested persons" means members of the mine safety committee and other duly authorized representatives of the employees at a mine, MSHA employees, mine inspectors, and, to the extent required by the Act, any other person.

"Licensed operator" means the operator who has obtained the license for a particular mine under § 45.2-1124 .

"Main entry" means the principal entry or set of entries driven through the coal bed or mineral deposit and from which cross entries, room entries, or rooms are turned.

"Mine" means any underground mineral mine or surface mineral mine. Mines that are adjacent to each other and under the same management and that are administered as distinct units are considered separate mines. A site is not considered a mine unless the mineral extracted or excavated from it is offered for sale or exchange or used for any other commercial purpose.

"Mine fire" means an unplanned fire not extinguished within 30 minutes of discovery.

"Mine foreman" means a person who holds a valid certificate of qualification as a foreman issued by the Department.

"Mine inspector" means a public employee assigned by the Director to make mine inspections as required by the Mineral Mine Safety Act or other applicable law.

"Miner" means any individual working in a mineral mine.

"Mineral" means clay, stone, sand, gravel, metalliferous or nonmetalliferous ore, or any other solid material or substance of commercial value excavated in solid form from a natural deposit on or in the earth, exclusive of coal and any mineral that occurs naturally in liquid or gaseous form.

"Mineral mine" means a surface mineral mine or an underground mineral mine.

"Mineral Mine Safety Act" or "the Act" means this chapter and Chapters 14 (§ 45.2-1400 et seq.) and 15 (§ 45.2-1500 et seq.) and includes any regulations adopted thereunder, where applicable.

"Mine Safety and Health Administration" or "MSHA" means the federal Mine Safety and Health Administration.

"Operator" means any person who operates, controls, or supervises a mine or any independent contractor performing services or construction at a mine.

"Panel entry" means a room entry.

"Permissible" means any device, process, equipment, or method classified at any time as permissible by MSHA, when such classification is adopted by the Director. "Permissible" includes, unless otherwise herein expressly stated, any requirement, restriction, exception, limitation, or condition attached to such classification by MSHA.

"Return air" means air that has passed through (i) the last active working place on each split or (ii) an abandoned or worked-out area. No area within a panel shall be deemed abandoned until it is inaccessible or sealed.

"Room entry" means any entry or set of entries from which a room is turned.

"Serious personal injury" means any injury that (i) has a reasonable potential to cause death or (ii) is other than a sprain or strain and requires an admission to a hospital for 24 hours or more for medical treatment.

"Substation" means an electrical installation containing generating or power-conversion equipment and associated electric equipment and parts, such as switchboards, switches, wiring, fuses, circuit breakers, compensators, and transformers.

"Surface mineral mine" means (i) the pit and any other active or inactive area of surface extraction of minerals; (ii) any onsite mill, shop, loadout facility, or related structure appurtenant to the excavation and processing of minerals; (iii) any impoundment, water or silt retaining dam, tailing pond, mine refuse pile, or other area appurtenant to the extraction of minerals from the site; (iv) any onsite surface area for the transportation or storage of minerals excavated at the site; (v) equipment, machinery, tools, and other property used in, or to be used in, the work of extracting minerals from the site; (vi) any private way or road appurtenant to such area; and (vii) any area used for surface-disturbing exploration, other than by drilling or seismic testing, or for preparation of a site for surface mineral extraction activity. A site shall commence being a surface mineral mine upon the beginning of any surface-disturbing exploration activity other than exploratory drilling or seismic testing and shall cease to be a surface mineral mine upon completion of initial reclamation activities. The surface extraction of a mineral shall not constitute surface mineral mining unless the mineral (a) is extracted for its unique or intrinsic characteristics or (b) requires processing prior to its intended use.

Excavation or grading when conducted solely in aid of onsite farming or construction shall not constitute a surface mineral mine. Such exemption shall not be construed to limit a landowner in a one-time construction or expansion of a farm pond for agricultural irrigation or provision of water for livestock to beneficially reuse the soil or sand, provided that such pond construction or expansion project (1) is a one-time activity on that parcel of land, (2) is completed within one year, (3) results in a pond that is less than three acres in total, and (4) has all necessary permits and local approvals in place before such activity begins.

"Travel way" means a passage, walk, or way regularly used and designated for persons to use in going from one place to another.

"Underground mineral mine" means (i) the working face and any other active or inactive area of underground excavation of minerals; (ii) any underground travel way, shaft, slope, drift, incline, or tunnel connected to such area; (iii) any onsite mill, loadout area, shop, or related facility appurtenant to the excavation and processing of minerals; (iv) any onsite surface area for the transportation or storage of minerals excavated at the site; (v) any impoundment, retention dam, tailing pond, or waste area appurtenant to the excavation of minerals from the site; (vi) equipment, machinery, tools, and other property, on the surface or underground, used in, or to be used in, the excavation of minerals from the site; (vii) any private way or road appurtenant to such area; and (viii) any area used to prepare a site for underground mineral excavation activities. A site commences being an underground mineral mine upon the beginning of any site preparation activity other than exploratory drilling or other exploration activity and ceases to be an underground mineral mine upon completion of initial reclamation activities.

"Work area," as used in Chapter 9 (§ 45.2-900 et seq.), means an area of a mine in production or being prepared for production or an area of a mine that may pose a danger to miners at such area in production or being prepared for production.

"Working face" means any place in a mine in which work of extracting minerals from their natural deposit in the earth is performed during the mining cycle.

"Working place" means the area of an underground mine inby the last open crosscut.

"Working section" means the portion of a mine encompassing all areas from the loading point of a section to and including the working faces.

1997, c. 390 , § 45 .1-161.292:2; 1998, c. 695 ; 2012, cc. 803 , 835 ; 2021, Sp. Sess. I, c. 387 ; 2025, cc. 390 , 405 .
Va. Code Ann. § 45.2-823 — Virginia Code / Title 45.2 / Subtitle II / Part B / Chapter 8 / Article 3 / Section 45.2-823
Storage and use of flammable fluids and materials
Status: in_force

A. Each underground storage place for oil, grease, or flammable hydraulic fluid shall be of fireproof construction.

B. Oil, grease, and flammable hydraulic fluid that is kept underground for current use shall be kept in a closed metal container.

C. Provisions shall be made to prevent an accumulation of spilled oil or grease at any such storage place or at any location at which such material is used.

D. Oily rags, oily waste, and wastepaper shall be kept in closed metal containers until it is removed for disposal.

E. No gasoline, benzene, kerosene, or other flammable oil shall be used underground in powering machinery.

F. Every oxygen or acetylene bottle that is used underground shall be secured while in use. When stored underground, each oxygen or acetylene bottle shall be placed in a safe location, protected from physical damage, stored with its cap in place where such storage is provided for on the tank, and secured upright or elevated, whichever mine heights allow.

Code 1950, §§ 45-14.1, 45-43; 1954, c. 191; 1966, c. 594, §§ 45.1-89, 45.1-90, 45.1-100; 1974, c. 323; 1978, cc. 118, 729; 1981, c. 131; 1984, c. 590, § 45.1-89, c. 639; 1985, c. 500; 1994, c. 28 , § 45.1-161.205; 1996, c. 774 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1627 — Virginia Code / Title 45.2 / Subtitle IV / Chapter 16 / Article 2 / Section 45.2-1627
Standing when Director or Board fails to act
Status: in_force

If the Director or Board fails to take enforcement action within 10 days of the Board's receipt of a petition alleging that the petitioner is or will be adversely affected by a violation or threatened violation of any provision of this article, regulation adopted thereunder, or order of the Board, the petitioner shall have standing to file a complaint in the appropriate circuit court. The Board, in addition to the person violating or threatening to violate the provision of this article, regulation adopted thereunder, or order of the Board, shall be made a party to any such action.

1982, c. 347, § 45.1-307; 1990, c. 92; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1110 — Virginia Code / Title 45.2 / Subtitle III / Part A / Chapter 11 / Article 2 / Section 45.2-1110
Qualifications of mine inspectors
Status: in_force

Each mine inspector conducting inspections of mineral mines shall have a thorough knowledge of the various systems of working and ventilating underground mineral mines and working surface mineral mines, the control of mine roof and ground control, methods of rescue and recovery in mining operations, the application of electricity and mechanical loading in mining operations, equipment and explosives used in mining, and mine haulage.

1997, c. 390 , § 45.1-161.292:12; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-902 — Virginia Code / Title 45.2 / Subtitle II / Part C / Chapter 9 / Article 1 / Section 45.2-902
Standards for regulations
Status: in_force

In adopting regulations pursuant to § 45.2-901 , the Chief shall consider:

1. Standards utilized and generally recognized by the surface coal mining industry;

2. Standards established by recognized professional coal mining organizations and groups;

3. Standards established by federal mine safety laws;

4. Research, demonstrations, experiments, and such other information that is available regarding the maintenance of the highest degree of safety protection, including the latest available scientific data in the field, the technical feasibility of the standards, and the experience gained under the Act and other mine safety laws; and

5. Such other criteria necessary for the protection of the safety and health of miners and other persons or property likely to be affected by surface coal mines or related operations.

Code 1950, §§ 45-8, 45-84; 1954, c. 191; 1966, c. 594, § 45.1-104; 1972, c. 784; 1974, c. 323; 1975, c. 520; 1978, c. 120; 1982, c. 118; 1990, c. 963; 1994, c. 28 , § 45.1-161.255; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1201 — Virginia Code / Title 45.2 / Subtitle III / Part A / Chapter 12 / Article 1 / Section 45.2-1201
Construction of chapter
Status: in_force

Nothing in this chapter is intended, nor shall anything in this chapter be construed, to limit, impair, abridge, create, enlarge, or otherwise affect, substantively or procedurally, the right of any person who is a party to any dispute involving property rights, or the right of any person to seek damages or other relief on account of injury to persons or property due to mining activities regulated by this chapter or to maintain any action or other appropriate procedure therefor. Nothing in this chapter is intended, nor shall anything in this chapter be construed, to affect the powers of the Commonwealth to initiate, prosecute, and maintain actions to abate public nuisances.

1977, c. 312, § 45.1-180.2; 1984, c. 590; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-606 — Virginia Code / Title 45.2 / Subtitle II / Part A / Chapter 6 / Article 2 / Section 45.2-606
Payment of attorney fees, expenses, and court costs
Status: in_force

All attorney fees, expenses, and court costs incident to the original proceedings shall be paid by the lessee if a lease is executed and by the plaintiff if for any reason no lease is executed. Subsequent to entry of judgment, all allowable attorney fees, expenses, and court costs shall be paid out of funds controlled by the trustee.

2003, c. 775 , § 45.1-161.311:7; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-538 — Virginia Code / Title 45.2 / Subtitle II / Part A / Chapter 5 / Article 4 / Section 45.2-538
Denial or revocation of license for the operation of a coal mine
Status: in_force

A. The Chief may revoke a license for the operation of a coal mine or deny an application for the issuance of a license for the operation of a coal mine upon determining that the applicant, the operator, or the operator's agent has committed violations of the mine safety laws of the Commonwealth, including regulations adopted by the Department or the Board of Coal Mining Examiners, that demonstrate a pattern of willful violations resulting in an imminent danger to miners.

B. The Chief may revoke every license issued to any person for the operation of a coal mine and may deny every application by a person for the issuance of a license for the operation of a coal mine who has been convicted of knowingly permitting a miner to work in an underground coal mine where a methane monitor or other device capable of detecting the presence of explosive gases was impaired, disturbed, disconnected, bypassed, or otherwise tampered with in violation of § 45.2-849 .

C. The Chief may revoke every license issued to any person for the operation of a coal mine and may deny every application by a person for the issuance of a license for the operation of a coal mine who has been convicted of violating subsection A of § 45.2-856 or 45.2-857 .

D. Any person whose license application is denied or whose license is revoked pursuant to subsection A, B, or C may bring a civil action in the circuit court of the city or county in which the mine is located for review of the decision. The commencement of such proceeding shall not, unless specifically ordered by the court, operate as a stay of the decision. The court shall promptly hear and determine the matters raised by the aggrieved party. In any such action, the court shall receive the records of the Department with respect to the determination and shall receive additional evidence at the request of any party. The court, basing its decision on the preponderance of the evidence, shall grant relief that the court determines appropriate.

1993, c. 247, § 45.1-22.1, c. 389, § 45.1-98.4; 1994, c. 28 , § 45.1-161.60; 1997, c. 390 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-516 — Virginia Code / Title 45.2 / Subtitle II / Part A / Chapter 5 / Article 3 / Section 45.2-516
Board membership; terms; meetings
Status: in_force

A. The Board of Coal Mining Examiners shall have a total membership of five members that shall consist of four nonlegislative citizen members and one ex officio member. The four nonlegislative citizen members shall be appointed by the Governor as follows: one who is a miner who holds a first-class mine foreman's certificate with at least five years of experience in underground coal mining and who is employed at an underground coal mine in the Commonwealth in a nonmanagerial, nonsupervisory capacity at the time of appointment; one who is a miner with at least five years of experience in surface coal mining and is employed at a surface coal mine in the Commonwealth in a nonmanagerial, nonsupervisory capacity at the time of appointment; one who holds a first-class mine foreman's certificate with at least five years of experience in the operation of underground coal mines and is (i) an operator of an underground coal mine, (ii) an officer or director of a corporation operating an underground coal mine, (iii) a general partner of a partnership operating an underground coal mine, or (iv) an employee in a managerial or supervisory capacity of an operator of an underground coal mine in the Commonwealth at the time of appointment; and one who has at least five years of experience in the operation of surface coal mines and is (a) an operator of a surface coal mine, (b) an officer or director of a corporation operating a surface coal mine, (c) a general partner of a partnership operating a surface coal mine, or (d) an employee in a managerial or supervisory capacity of an operator of a surface coal mine in the Commonwealth at the time of appointment. Nonlegislative citizen members of the Board shall be residents of the Commonwealth. The Chief or his designee shall serve ex officio with voting privileges.

B. Members of the Board shall be appointed for terms of four years. The Chief shall serve a term coincident with his term of office. Vacancies occurring on the Board among appointed members shall be filled by the Governor for the unexpired term. All members may be reappointed.

C. The Chief shall serve as chairman of the Board.

D. The Board shall meet at least once a year and shall be called by the Chief to meet at such other times as he deems necessary. The Board shall meet at a place and at times as designated by the Chief and the Board shall remain in session until its work is completed, but no one session of the Board shall continue more than three days.

Code 1950, §§ 45-18 to 45-21, 45-26; 1954, c. 191; 1960, c. 61; 1966, c. 594, §§ 45.1-7, 45.1-10; 1978, cc. 120, 729; 1980, c. 728; 1984, c. 590, § 45.1-7; 1994, c. 28 , §§ 45.1-161.24, 45.1-161.25; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-605 — Virginia Code / Title 45.2 / Subtitle II / Part A / Chapter 6 / Article 2 / Section 45.2-605
Duty of trustee; sale of lease; distribution of funds
Status: in_force

A. The trustee shall collect the proceeds from the sale of the lease and hold and invest such proceeds for the use and benefit of the unknown or missing owners. The court may authorize the trustee to expend an amount not to exceed 10 percent of the funds collected by the trustee for the purpose of searching for the unknown or missing owners.

B. Five years after the date of first commercial production of the coal interests, the proceeds in the trust shall be disposed of pursuant to the Virginia Disposition of Unclaimed Property Act (§ 55.1-2500 et seq.).

2003, c. 775 , § 45.1-161.311:6; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-576 — Virginia Code / Title 45.2 / Subtitle II / Part A / Chapter 5 / Article 9 / Section 45.2-576
Virginia Coal Mine Safety Board; purpose
Status: in_force

The Virginia Coal Mine Safety Board (the Board) is established as an advisory board in the executive branch of state government. The purpose of the Board is to advise the Chief on matters relating to the health and safety of persons working in the coal industry in the Commonwealth.

1990, c. 963, § 45.1-5.2; 1994, c. 28 , § 45.1-161.98; 2014, c. 438 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1914 — Virginia Code / Title 45.2 / Subtitle V / Chapter 19 / Article 3 / Section 45.2-1914
Membership; terms; quorum; meetings
Status: in_force

A. The Board shall have a total membership of 17 members that shall consist of 16 nonlegislative citizen members and one ex officio member. Members may reside within or without the Commonwealth. Nonlegislative citizen members shall be appointed as follows:

1. Six nonlegislative citizen members to be appointed by the Speaker of the House of Delegates upon consideration of the recommendations of the Board of Directors of the Maryland-DC-Delaware-Virginia Solar Energy Industries Association (the MDV-SEIA Board) and the Governor's Advisory Council on Environmental Justice (the Council), one of whom shall be a designee of the Virginia Housing Development Authority, created pursuant to the provisions of Chapter 1.2 (§ 36-55.24 et seq.) of Title 36; one of whom shall be a rooftop solar energy professional or employer or representative of rooftop solar energy professionals; one of whom shall be a current or former member of the Council; one of whom shall be a member or representative of the Virginia, Maryland and Delaware Association of Electric Cooperatives (VMDAEC); one of whom shall be an expert with experience developing low-income or moderate-income incentive and loan programs for distributed renewable energy resources; and one of whom shall be an attorney who is licensed to practice in the Commonwealth and maintains a legal practice dedicated to rural development, rural electrification, and energy policy;

2. Three nonlegislative citizen members to be appointed by the Senate Committee on Rules upon consideration of the recommendations of the MDV-SEIA Board, one of whom shall be a solar energy professional or employer or representative of solar energy professionals, one of whom shall work for or with an investor-owned electric utility company based in the Commonwealth, and one of whom shall be a member or representative of VMDAEC; and

3. Seven nonlegislative citizen members to be appointed by the Governor upon consideration of the recommendations of the MDV-SEIA Board and the Council and subject to confirmation by the General Assembly, one of whom shall be an attorney who is licensed to practice in the Commonwealth and maintains a legal practice in renewable energy law and transactions, one of whom shall be an attorney who is licensed to practice in the Commonwealth and specializes in tax law and energy transactions, one of whom shall be an attorney with the Division of Consumer Counsel created pursuant to the provisions of § 2.2-517 , one of whom shall be an employee of a community development financial institution who specializes in impact investing, one of whom shall be a member of a Virginia environmental organization, and two of whom shall be designees of the Department of Housing and Community Development, created pursuant to the provisions of Chapter 8 (§ 36-131 et seq.) of Title 36.

B. The Director or his designee shall serve ex officio with voting privileges and shall assist in convening the meetings of the Board.

C. Nonlegislative citizen members of the Board shall be citizens of the Commonwealth. The ex officio member of the Board shall serve a term coincident with his term of office. Nonlegislative citizen members shall be appointed for a term of three years. Appointments to fill vacancies, other than by expiration of a term, shall be for the unexpired terms. Vacancies shall be filled in the same manner as the original appointments. All members may be reappointed.

D. The Board shall elect a chairman and vice-chairman from among its membership. A majority of the members shall constitute a quorum. The meetings of the Board shall be held at the call of the chairman or whenever the majority of the members so request.

2019, c. 554 , § 45.1-396; 2020, c. 803 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1127 — Virginia Code / Title 45.2 / Subtitle III / Part A / Chapter 11 / Article 4 / Section 45.2-1127
Denial or revocation of license
Status: in_force

A. The Director may deny an application for, or revoke a license for, the operation of a mineral mine upon determining that the applicant, the licensed operator, or the agent of such applicant or operator has committed violations of the mine safety laws of the Commonwealth that demonstrate a pattern of willful violations resulting in an imminent danger to miners.

B. The Director may revoke every license issued to any person for the operation of a mineral mine and may deny every application by a person for the issuance of a license for the operation of a mineral mine if such person has been convicted of knowingly permitting a miner to work in an underground coal mine where a methane monitor or other device capable of detecting the presence of explosive gases was impaired, disturbed, disconnected, bypassed, or otherwise tampered with in violation of § 45.2-849 .

C. The Director may revoke every license issued to any person for the operation of a mineral mine and may deny every application by a person for the issuance of a license for the operation of a mineral mine if such person has been convicted of violating subsection A of § 45.2-856 or 45.2-857 .

D. Any person whose license is denied or revoked pursuant to subsection A, B, or C may bring a civil action in the circuit court of the city or county in which the mine is located for review of the decision. The commencement of such proceeding shall not, unless specifically ordered by the court, operate as a stay of the decision. The court shall promptly hear and determine the matters raised by the aggrieved party. In any such action the court shall receive the records of the Department regarding the determination and shall receive additional evidence at the request of any party. The court, basing its decision on the preponderance of the evidence, shall grant such relief as the court determines appropriate.

1997, c. 390 , § 45.1-161.292:33; 1998, c. 695 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-568 — Virginia Code / Title 45.2 / Subtitle II / Part A / Chapter 5 / Article 8 / Section 45.2-568
Notices of violations
Status: in_force

A. If the Director, the Chief, or a mine inspector has reasonable cause to believe that a violation of the Act has occurred, he shall with reasonable promptness issue a notice of violation to the person responsible for the violation. Each notice of violation shall be in writing, shall describe with particularity the nature of the violation, including a reference to the provision of the Act or the appropriate regulation violated, and shall include an order of abatement and set a reasonable time for abatement of the violation.

B. A copy of the notice of violation shall be delivered to the operator or his agent or the mine foreman.

C. Upon a finding by the mine inspector of the completion of the action required to abate such violation, the Director, the Chief, or the mine inspector shall issue a notice of correction, a copy of which shall be delivered as provided in subsection B.

D. The notice of violation shall be deemed the final order of the Department and shall not be subject to review by any court or agency unless within 20 days following its issuance the person to whom the notice of violation was issued appeals its issuance by notifying the Department in writing that he intends to contest its issuance. The Department shall conduct informal conference or consultation proceedings, presided over by the Chief, pursuant to § 2.2-4019 , unless the person and the Department agree to waive such a conference or proceeding to go directly to a formal hearing. If such a conference or proceeding is waived, or if it fails to dispose of the case by consent, the Department shall conduct a formal hearing pursuant to § 2.2-4020 . The formal hearing shall be presided over by a hearing officer pursuant to § 2.2-4024 , who shall recommend findings and an initial decision, which shall be subject to review and approval by the Director. Any party aggrieved by and claiming unlawfulness of such decision is entitled to judicial review pursuant to Article 5 (§ 2.2-4025 et seq.) of the Administrative Process Act.

E. If it is finally determined that a notice of violation was not issued in accordance with the provisions of this section, the notice of violation shall be vacated and the improperly issued notice of violation shall not be used to the detriment of the person or the operator to whom it was issued.

Code 1950, §§ 45-4.1, 45-9, 45-12, 45-74; 1954, c. 191; 1966, c. 594, § 45.1-5; 1976, c. 598; 1978, c. 120; 1984, c. 236; 1985, c. 448; 1987, c. 470; 1990, c. 963; 1994, c. 28 , § 45.1-161.90; 1997, c. 390 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1608 — Virginia Code / Title 45.2 / Subtitle IV / Chapter 16 / Article 1 / Section 45.2-1608
Violations; penalties
Status: in_force

A. Any person who violates or refuses, fails, or neglects to comply with any regulation or order of the Board, Director, or Inspector, any condition of a permit, or any provision of this chapter is guilty of a Class 1 misdemeanor.

B. In addition, any person who violates any regulation or order of the Board, Director, or Inspector, any condition of a permit, or any provision of this chapter shall upon such finding by an appropriate circuit court be assessed a civil penalty of not more than $10,000 for each day of such violation. All civil penalties under this section shall be recovered in a civil action brought by the Attorney General in the name of the Commonwealth. The court shall direct that all civil penalties assessed under this section be paid into the treasury of the county or city where the gas, oil, or geophysical operation determined by the court to be in violation is located.

C. The Board, with the consent of the gas, oil, or geophysical operator, may provide in an order issued by the Board against such operator for the payment of civil penalties for past violations in specific sums not to exceed the limit specified in subsection B. Such civil penalties shall be instead of any appropriate civil penalty that could be imposed under this section and shall not be subject to the provisions of § 2.2-514 . Civil penalties collected under this section shall be paid into the treasury of the county or city where the gas, oil, or geophysical operation subject to the order issued by the Board is located.

1982, c. 347, §§ 45.1-358, 45.1-360; 1984, c. 590; 1990, c. 92, § 45.1-361.8; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-401 — Virginia Code / Title 45.2 / Subtitle I / Chapter 4 / Section 45.2-401
Actions to extinguish certain claims
Status: in_force

A. The owner or owners of land subject to a claim or right pursuant to § 45.2-400 separately or jointly may bring an action requesting the extinguishment of such claim or right. The person by whom such claim by such writing was derived or reserved, or his successors in title, shall be made a defendant by name so far as known or as defendants unknown if such successors in title are unknown. The venue for such action shall be as specified in subdivision 3 of § 8.01-261 .

B. The court shall allow a period of not less than six months from the time the cause is docketed and set for hearing to elapse. During such time, the defendant may explore and discover any commercial coal, mineral, ore, oil, or subsurface substance.

C. In the absence of satisfactory evidence to the contrary, it shall be presumed that no commercial coal, mineral, ore, oil, or subsurface substance exists in or on the land, and the court shall enter an order declaring the claim or right to be a cloud on the title and releasing the land therefrom and extinguishing such claim or right. However, if the defendant or defendants prove that a commercial coal, mineral, ore, oil, or subsurface substance exists in or on the land, the court shall require such coal, mineral, ore, oil, or subsurface substance to be charged with taxes according to law.

1924, p. 720; 1930, p. 721; Michie Code 1942, § 6239a; 1944, p. 49; Code 1950, § 55-155; 1977, c. 624; 2019, c. 712 , § 45.1-161.311:11; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-734 — Virginia Code / Title 45.2 / Subtitle II / Part B / Chapter 7 / Article 6 / Section 45.2-734
Unused openings
Status: in_force

Every unused or abandoned surface opening shall be effectively closed or fenced against unauthorized entrance.

Code 1950, § 45-71.1; 1954, c. 191; 1966, c. 594, § 45.1-95; 1984, c. 228; 1985, c. 395; 1990, c. 372; 1992, c. 360; 1994, c. 28 , § 45.1-161.170; 1999, c. 256 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-608 — Virginia Code / Title 45.2 / Subtitle II / Part A / Chapter 6 / Article 3 / Section 45.2-608
"Public uses" defined; mining, etc., of coal essential business; subject to seizure by Commonwealth
Status: in_force

A. As used in this article, "public uses" means the mining, production, or marketing of coal for the purpose of providing and furnishing heat or power to the people of the Commonwealth.

B. Any person engaged in the business of the mining, production, or marketing of coal, any portion of which is customarily used in the manufacture of heat or power, is hereby declared to be engaged in a business essential to the health, safety, and welfare of the people of the Commonwealth. Under the conditions and in the manner set forth in this article, such business may be seized and operated by the Commonwealth, or any agency created and organized for such purpose, for public uses.

Code 1950, § 45-145; 1950, p. 29; 1966, c. 594, §§ 45.1-145, 45.1-146; 1994, c. 28 , §§ 45.1-161.312, 45.1-161.313; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1167 — Virginia Code / Title 45.2 / Subtitle III / Part A / Chapter 11 / Article 9 / Section 45.2-1167
Mineral mining safety training programs
Status: in_force

A. Each operator shall have a plan containing the following programs: training for new miners, training for experienced miners who are newly employed, training for miners for new tasks, annual refresher training, and hazard training. For the purpose of this section, the definition of miner does not include a scientific worker; delivery worker; customer, including a commercial over-the-road truck driver; vendor; or visitor.

B. Such plan shall be available to the Director for review upon request.

1998, c. 695 , § 45.1-161.292:73; 2003, c. 401 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1026 — Virginia Code / Title 45.2 / Subtitle II / Part C / Chapter 10 / Article 2 / Section 45.2-1026
Hearings
Status: in_force

Every formal hearing shall be conducted in accordance with § 2.2-4020 unless the parties consent to informal proceedings. When a hearings officer presides, such officer shall recommend findings and a decision to the Director, who shall then issue findings and a decision, unless the Director provides for the making of findings and an initial decision by such hearings officer subject to review and reconsideration by the Director on appeal as of right or on the Director's own motion. Such regulations shall also provide for a reasonable time in which such appeals shall be acted upon, which shall be in addition to the period required for the making of the initial decision.

1979, c. 290, § 45.1-250; 1984, c. 590; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-912 — Virginia Code / Title 45.2 / Subtitle II / Part C / Chapter 9 / Article 5 / Section 45.2-912
Firefighting equipment; duties in case of fire; fire precaution in transportation of mining equipment; fire prevention generally
Status: in_force

A. Each mine shall be provided with suitable firefighting equipment that is adequate for the size of the mine and includes at least three 20-pound dry chemical fire extinguishers. Equipment and devices used for the detection, warning, and extinguishing of fires shall be suitable in type, size, and quantity for the type of fire hazard that could be encountered. Such equipment and devices shall be strategically located and plainly identified.

B. Suitable fire extinguishers shall be provided at or on each (i) electrical station, such as a substation, transformer station, or permanent pump station; (ii) piece of self-propelled mobile equipment; (iii) belt head; (iv) area used for the storage of flammable materials; (v) fueling station; and (vi) other area that could constitute a fire hazard. Such fire extinguishers shall be placed so as to be out of the smoke in case of a fire.

Code 1950, § 45-14.1; 1954, c. 191; 1966, c. 594, § 45.1-89; 1974, c. 323; 1978, c. 118; 1984, c. 590; 1985, c. 500; 1994, c. 28 , § 45.1-161.265; 2005, c. 3 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1236 — Virginia Code / Title 45.2 / Subtitle III / Part A / Chapter 12 / Article 4 / Section 45.2-1236
Release of bonds and other securities
Status: in_force

All bonds and other securities issued by an operator pursuant to § 45.2-1208 or 45.2-1212 shall be released upon the acceptance into the Fund of such bonds or securities and the payment of required fees.

1978, c. 634, § 45.1-197.10; 2017, c. 4 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1210 — Virginia Code / Title 45.2 / Subtitle III / Part A / Chapter 12 / Article 2 / Section 45.2-1210
Application for permit; adjoining landowners; local official
Status: in_force

A. Each application for a permit shall be accompanied by a statement showing the names and addresses of the owners of each property within 1,000 feet of the property line of any land proposed to be permitted, as well as certification that such landowners have been notified by certified mail of the application for a permit unless notified previously. Such residents may file written objections with the Director and may request a hearing.

B. Each application for a permit shall also be accompanied by a statement certifying that the chief administrative official of the county or city in which the land proposed to be permitted is located has been notified of the proposed operation by certified mail.

C. This section applies to an initial application for a permit only, and no new notice shall be required for a renewal application or for a permit for acreage in addition to that originally permitted.

1977, c. 312, § 45.1-184.1; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1603 — Virginia Code / Title 45.2 / Subtitle IV / Chapter 16 / Article 1 / Section 45.2-1603
Virginia Gas and Oil Board; membership; compensation
Status: in_force

A. The Virginia Gas and Oil Board is established as a policy board in the executive branch of state government. The purpose of the Board is to carry out the provisions of this chapter.

B. The Board shall have a total membership of seven members that shall consist of six nonlegislative citizen members and one ex officio member. Nonlegislative citizen members of the Board shall be appointed by the Governor, subject to confirmation by the General Assembly, as follows: one who is a representative of the gas and oil industry and not the coal industry, one who is a representative of the coal industry and not the gas and oil industry, and four who are not representatives of the gas, oil, or coal industry. The Director or his designee shall serve ex officio with voting privileges. A chairman shall be designated by the Governor from among the membership of the Board.

C. All vacancies occurring on the Board shall be filled in the same manner as the original appointment within 60 days of the occurrence of the vacancy. The ex officio member of the Board shall serve terms coincident with such member's term of office. Appointments to fill vacancies, other than by expiration of a term, shall be for the unexpired terms. After the initial staggering of terms, nonlegislative citizen members shall be appointed for a term of six years from the day on which the term of their immediate predecessor expired. All members may be reappointed. Nonlegislative citizen members of the Board shall be citizens of the Commonwealth, and the Governor shall seek to appoint persons who reside in localities with significant oil or gas production or storage.

D. Each member of the Board shall receive compensation for the performance of his duties as provided in § 2.2-2813 . All members shall be reimbursed for all reasonable and necessary expenses incurred in the performance of their duties as provided in §§ 2.2-2813 and 2.2-2825 . Funding for the costs of compensation and expenses of the members shall be provided by the Department.

1982, c. 347, § 45.1-295; 1985, c. 448; 1987, c. 452; 1988, c. 483; 1989, c. 529; 1990, c. 92, § 45.1-361.13; 1998, c. 159 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-201 — Virginia Code / Title 45.2 / Subtitle I / Chapter 2 / Section 45.2-201
Interstate Mining Compact
Status: in_force

INTERSTATE MINING COMPACT

ARTICLE I

FINDINGS AND PURPOSES

A. The party states find that:

1. Mining and the contributions thereof to the economy and well-being of every state are of basic significance.

2. The effects of mining on the availability of land, water, and other resources for other uses present special problems that properly can be approached only with due consideration for the rights and interests of those engaged in mining, those using or proposing to use these resources for other purposes, and the public.

3. Measures for the reduction of the adverse effects of mining on land, water, and other resources may be costly and the devising of means to deal with them are of both public and private concern.

4. Such variables as soil structure and composition, physiography, climatic conditions, and the needs of the public make impracticable the application to all mining areas of a single standard for the conservation, adaptation, or restoration of mined land, or the development of mineral and other natural resources, but justifiable requirements of law and practice relating to the effects of mining on land, water, and other resources may be reduced in equity or effectiveness unless they pertain similarly from state to state for all mining operations similarly situated.

5. The states are in a position and have the responsibility to assure that mining shall be conducted in accordance with sound conservation principles and with due regard for local conditions.

B. The purposes of this compact are to:

1. Advance the protection and restoration of land, water, and other resources affected by mining.

2. Assist in the reduction or elimination or counteracting of pollution or deterioration of land, water, and air attributable to mining.

3. Encourage, with due recognition of relevant regional, physical, and other differences, programs in each of the party states that will achieve comparable results in protecting, conserving, and improving the usefulness of natural resources, to the end that the most desirable conduct of mining and related operations may be universally facilitated.

4. Assist the party states in their efforts to facilitate the use of land and other resources affected by mining, so that such use may be consistent with sound land use, public health, and public safety, and to this end to study and recommend, wherever desirable, techniques for the improvement, restoration, or protection of such land and other resources.

5. Assist in achieving and maintaining an efficient and productive mining industry and in increasing economic and other benefits attributable to mining.

ARTICLE II

DEFINITIONS

As used in this compact:

"Mining" means the breaking of the surface soil in order to facilitate or accomplish the extraction or removal of minerals, ores, or other solid matter, any activity or process constituting all or part of a process for the extraction or removal of minerals, ores, and other solid matter from its original location, and the preparation, washing, cleaning, or other treatment of minerals, ores, or other solid matter so as to make them suitable for commercial, industrial, or construction use but shall not include those aspects of deep mining not having significant effect on the surface and shall not include excavation or grading when conducted solely in aid of onsite farming or construction.

"State" means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or a territory or possession of the United States.

ARTICLE III

STATE PROGRAMS

Each party state agrees that within a reasonable time it will formulate and establish an effective program for the conservation and use of mined land, by the establishment of standards, enactment of laws, or the continuing of the same in force, to accomplish:

1. The protection of the public and the protection of adjoining and other landowners from damage to their lands and the structures and other property thereon resulting from the conduct of mining operations or the abandonment or neglect of land and property formerly used in the conduct of such operations.

2. The conduct of mining and the handling of refuse and other mining wastes in ways that will reduce adverse effects on the economic, residential, recreational, or aesthetic value and utility of land and water.

3. The institution and maintenance of suitable programs of adaptation, restoration, and rehabilitation of mined lands.

4. The prevention, abatement, and control of water, air, and soil pollution resulting from mining, present, past, and future.

ARTICLE IV

POWERS

In addition to any other powers conferred upon the Interstate Mining Commission, established by Article V of this compact, the Commission shall have power to:

1. Study mining operations, processes, and techniques for the purpose of gaining knowledge concerning the effects of such operations, processes, and techniques on land, soil, water, air, plant and animal life, recreation, and patterns of community or regional development or change.

2. Study the conservation, adaptation, improvement, and restoration of land and related resources affected by mining.

3. Make recommendations concerning any aspect or aspects of law or practice and governmental administration dealing with matters within the purview of this compact.

4. Gather and disseminate information relating to any of the matters within the purview of this compact.

5. Cooperate with the federal government and any public or private entities having interest in any subject coming within the purview of this compact.

6. Consult, upon the request of a party state and within resources available therefor, with the officials of such state in respect to any problem within the purview of this compact.

7. Study and make recommendations with respect to any practice, process, technique, or course of action that may improve the efficiency of mining or the economic yield from mining operations.

8. Study and make recommendations relating to the safeguarding of access to resources that are or may become the subject of mining operations to the end that the needs of the economy for the products of mining may not be adversely affected by unplanned or inappropriate use of land and other resources containing minerals or otherwise connected with actual or potential mining sites.

ARTICLE V

THE COMMISSION

A. There is hereby created an agency of the party states to be known as the Interstate Mining Commission (the Commission). The Commission shall be composed of one commissioner from each party state who shall be the Governor thereof. Pursuant to the laws of his party state, each Governor shall have the assistance of any advisory body (including membership from mining industries, conservation interests, and such other public and private interests as may be appropriate) in considering problems relating to mining and in discharging his responsibilities as the commissioner of his state on the Commission. In any instance where a Governor is unable to attend a meeting of the Commission or perform any other function in connection with the business of the Commission, he shall designate an alternate from among the members of the advisory body required by this subsection who shall represent him and act in his place and stead. The designation of an alternate shall be communicated by the Governor to the Commission in such manner as its bylaws may provide.

B. The commissioners shall be entitled to one vote each on the Commission. No action of the Commission making a recommendation pursuant to subdivision 3, 7, or 8 of Article IV or requesting, accepting, or disposing of funds, services, or other property pursuant to this subsection, subsection G or H of this article, or Article VII shall be valid unless taken at a meeting at which a majority of the total number of votes on the Commission is cast in favor thereof. All other action shall be by a majority of those present and voting, provided that action of the Commission shall be only at a meeting at which a majority of the commissioners, or their alternates, is present. The Commission may establish and maintain such facilities as may be necessary for the transacting of its business. The Commission may acquire, hold, and convey real and personal property and any interest therein.

C. The Commission shall have a seal.

D. The Commission shall elect annually, from among its members, a chairman, a vice-chairman, and a treasurer. The Commission shall appoint an Executive Director and fix his duties and compensation. Such Executive Director shall serve at the pleasure of the Commission. The Executive Director, the Treasurer, and such other personnel as the Commission shall designate shall be bonded. The amount or amounts of such bond or bonds shall be determined by the Commission.

E. Irrespective of the civil service, personnel, or other merit system laws of any of the party states, the Executive Director with the approval of the Commission shall appoint, remove, or discharge such personnel as may be necessary for the performance of the Commission's functions and shall fix the duties and compensation of such personnel.

F. The Commission may establish and maintain independently or in conjunction with a party state, a suitable retirement system for its employees. Employees of the Commission shall be eligible for social security coverage in respect of old age and survivor's insurance, provided that the Commission takes such steps as may be necessary pursuant to the laws of the United States to participate in such program of insurance as a governmental agency or unit. The Commission may establish and maintain or participate in such additional programs of employee benefits as it may deem appropriate.

G. The Commission may borrow, accept, or contract for the services of personnel from any state, the United States, or any other governmental agency, or from any person, firm, association, or corporation.

H. The Commission may accept for any of its purposes and functions under this compact any and all donations, and grants of money, equipment, supplies, materials, and service, conditional or otherwise, from any state, the United States, or any other governmental agency, or from any person, firm, association, or corporation, and may receive, utilize, and dispose of the same. Any donation or grant accepted by the Commission pursuant to this subsection or services borrowed pursuant to subsection G of this article shall be reported in the annual report of the Commission. Such report shall include the nature, amount, and conditions, if any, of the donation, grant, or services borrowed and the identity of the donor or lender.

I. The Commission shall adopt bylaws for the conduct of its business and shall have the power to amend and rescind these bylaws. The Commission shall publish its bylaws in convenient form and shall file a copy thereof and a copy of any amendment thereto with the appropriate agency or officer in each of the party states.

J. The Commission annually shall make to the Governor, legislature, and advisory body required by subsection A of this article of each party state a report covering the activities of the Commission for the preceding year and embodying such recommendations as may have been made by the Commission. The Commission may make such additional reports as it may deem desirable.

ARTICLE VI

ADVISORY, TECHNICAL, AND REGIONAL COMMITTEES

The Commission shall establish such advisory, technical, and regional committees as it may deem necessary, membership on which shall include private persons and public officials, and shall cooperate with and use the services of any such committees and the organizations that the members represent in furthering any of its activities. Such committees may be formed to consider problems of special interest to any party states, problems dealing with particular commodities or types of mining operations, problems related to reclamation, development, or use of mined land, or any other matters of concern to the Commission.

ARTICLE VII

FINANCE

A. The Commission shall submit to the Governor or designated officer or officers of each party state a budget of its estimated expenditures for such period as may be required by the laws of that party state for presentation to the legislature thereof.

B. Each of the Commission's budgets of estimated expenditures shall contain specific recommendations of the amount or amounts to be appropriated by each of the party states. The total amount of appropriations requested under any such budget shall be apportioned among the party states as follows: one-half in equal shares and the remainder in proportion to the value of minerals, ores, and other solid matter mined. In determining such values, the Commission shall employ such available public source or sources of information as, in its judgment, present the most equitable and accurate comparisons among the party states. Each of the Commission's budgets of estimated expenditures and requests for appropriations shall indicate the source or sources used in obtaining information concerning the value of minerals, ores, and other solid matter mined.

C. The Commission shall not pledge the credit of any party state. The Commission may meet any of its obligations in whole or in part with funds available to it under subsection H of Article V, provided that the Commission takes specific action setting aside such funds prior to incurring any obligation to be met in whole or in part in such manner. Except where the Commission makes use of funds available to it under subsection H of Article V, the Commission shall not incur any obligation prior to the allotment of funds by the party states adequate to meet the same.

D. The Commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Commission shall be subject to the audit and accounting procedures established under its bylaws. All receipts and disbursements of funds handled by the Commission shall be audited yearly by a qualified public accountant and the report of the audit shall be included in and become part of the annual report of the Commission.

E. The accounts of the Commission shall be open at any reasonable time for inspection by duly constituted officers of the party states and by any persons authorized by the Commission.

F. Nothing contained herein shall be construed to prevent Commission compliance with laws relating to audit or inspection of accounts by or on behalf of any government contributing to the support of the Commission.

ARTICLE VIII

ENTRY INTO FORCE AND WITHDRAWAL

A. This compact shall enter into force when enacted into law by any four or more states. Thereafter, this compact shall become effective as to any other state upon its enactment thereof.

B. Any party state may withdraw from this compact by enacting a statute repealing the same, but no such withdrawal shall take effect until one year after the Governor of the withdrawing state has given notice in writing of the withdrawal to the Governors of all other party states. No withdrawal shall affect any liability already incurred by or chargeable to a party state prior to the time of such withdrawal.

ARTICLE IX

EFFECT ON OTHER LAWS

Nothing in this compact shall be construed to limit, repeal, or supersede any other law of any party state.

ARTICLE X

CONSTRUCTION AND SEVERABILITY

This compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this compact shall be severable and if any phrase, clause, sentence, or provision of this compact is declared to be contrary to the constitution of any state or of the United States or the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state participating herein, the compact shall remain in full force and effect as to the remaining party states and in full force and effect as to the state affected as to all severable matters.

1977, c. 468, § 45.1-271; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-2116 — Virginia Code / Title 45.2 / Subtitle V / Chapter 21 / Article 3 / Section 45.2-2116
Uranium mining permit applications; uranium mining deemed to have significant effect on surface
Status: in_force

Notwithstanding any other provision of law, no application for a uranium mining permit shall be accepted by any agency of the Commonwealth until a program for permitting uranium mining is established by statute. For the purpose of construing the definition of "mining" in § 45.2-1200 , uranium mining is deemed to have a significant effect on the surface.

1982, c. 269, § 45.1-283; 1983, c. 3; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-2114 — Virginia Code / Title 45.2 / Subtitle V / Chapter 21 / Article 3 / Section 45.2-2114
Developing an exploration hole as a water well
Status: in_force

If any exploration hole drilled for the purpose of determining the location, quantity, or quality of uranium ore indicates a stratum or source of potable fresh water that could be developed pursuant to established U.S. Environmental Protection Agency safe drinking water standards for a community water system, upon the request of the owner of the property on which the exploration hole is located and following application to and approval by the Director, who shall secure concurrence from the State Department of Health, the well, in lieu of being plugged and abandoned, may be developed and completed as a water well. The development and completion of an exploration hole as a water well shall be performed in accordance with applicable state water control laws and regulations.

1982, c. 269, § 45.1-278; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1000 — Virginia Code / Title 45.2 / Subtitle II / Part C / Chapter 10 / Article 1 / Section 45.2-1000
Definitions
Status: in_force

As used in this chapter, unless the context requires a different meaning:

"Approximate original contour" means the surface configuration achieved by backfilling and grading the mined area so that the reclaimed area, including any terracing or access road, closely resembles the general surface configuration of the land prior to mining and blends into and complements the drainage pattern of the surrounding terrain, with all highwalls and spoil piles eliminated; water impoundments may be permitted where the Director determines that they are in compliance with the applicable performance standards adopted pursuant to this chapter.

"Coal surface mining and reclamation operation" means a surface mining operation and any activity necessary and incidental to the reclamation of such operation.

"Coal surface mining operation" means:

1. Any activity conducted on the surface of lands in connection with a surface coal mine or, subject to the requirements of § 45.2-1018 , any surface operation and surface impact incident to an underground coal mine, the products of which enter commerce or the operation of which directly or indirectly affects interstate commerce. Such activity includes (i) excavation for the purpose of obtaining coal, including by such common methods as contour, strip, auger, mountaintop removal, box cut, open pit, and area mining; (ii) the use of explosives and blasting; (iii) in situ distillation or retorting, leaching, or other chemical or physical processing; and (iv) the cleaning, concentrating, or other processing or preparation and loading of coal for interstate commerce at or near the mine site. However, such activity does not include the extraction of coal incidental to the extraction of other minerals where coal does not exceed 16 and two-thirds percent of the tonnage of minerals removed for purposes of commercial use or sale, or coal exploration subject to § 45.2-1008 ; and

2. The area upon which such activity occurs or where such activity disturbs the natural land surface. Such area includes (i) any adjacent land whose use is incidental to any such activity; (ii) all lands affected by the construction of any new road or the improvement or use of any existing road to gain access to the site of such activity and for haulage; and (iii) any excavation, workings, impoundment, dam, ventilation shaft, entryway, refuse bank, dump, stockpile, overburden pile, spoil bank, culm bank, tailings, hole or depression, repair area, storage area, processing area, shipping area, and other area upon which is sited any structure, facility, or other property or materials on the surface, resulting from or incident to such activity.

"Division" means the Division of Mined Land Repurposing.

"Federal act" means the federal Surface Mining Control and Reclamation Act of 1977, P.L. 95-87, 91 U.S. Stat. 445.

"Imminent danger to the health and safety of the public" means the existence in a coal surface mining and reclamation operation of any condition, practice, or violation of a permit or other requirement of this chapter that could reasonably be expected to cause substantial physical harm to a person outside the permit area before such condition, practice, or violation can be abated. A reasonable expectation of substantial physical harm, including death or serious injury, before abatement exists if a rational person, subjected to the same condition or practice giving rise to the peril, would not expose himself to the danger during the time necessary for abatement.

"Operator" means any person engaging in a coal surface mining operation whether or not such coal is sold within the Commonwealth.

"Other minerals" means clay, stone, sand, gravel, metalliferous or nonmetalliferous ore, and any other solid material or substance of commercial value excavated in solid form from natural deposits on or in the earth, exclusive of coal and any mineral that occurs naturally in liquid or gaseous form.

"Permit" means a permit issued by the Director pursuant to state regulations.

"Permit area" means the area of land indicated on the approved map submitted by the operator with the operator's application. Such area of land shall be covered by the operator's bond as required by § 45.2-1016 and shall be readily identifiable by appropriate markers on the site.

"Permittee" means a person holding any of the following permits issued by the Director: (i) a permit for coal surface mining pursuant to § 45.2-1009 , (ii) a permit for coal exploration pursuant to § 45.2-1008 , or (iii) a National Pollutant Discharge Elimination System permit pursuant to § 45.2-1029 .

"Person" means any individual, partnership, association, joint venture, trust, company, firm, joint stock company, corporation, other group or combination acting as a unit, or other legal entity.

"Secretary" means the U.S. Secretary of the Interior.

"State or local agency" means any department, agency, or instrumentality of the Commonwealth; public authority, municipal corporation, local governmental unit, or political subdivision of the Commonwealth; or department, agency, or instrumentality of any public authority, municipal corporation, local governmental unit, or political subdivision of the Commonwealth; or two or more of any of the aforementioned.

"State regulations" means the permanent state regulatory program established by this chapter meeting the requirements of the federal act for the regulation of coal surface mining and reclamation operations within the Commonwealth, submitted to the Secretary pursuant to § 503 of the federal act.

"Unwarranted failure to comply" means the failure of a permittee to (i) prevent the occurrence of any violation of its permit or any requirement of this chapter due to indifference, lack of diligence, or lack of reasonable care or (ii) abate any violation of such permit or requirement of this chapter due to indifference, lack of diligence, or lack of reasonable care.

1979, c. 290, § 45.1-229; 1984, c. 590; 2021, Sp. Sess. I, cc. 387 , 532 .
Va. Code Ann. § 45.2-737 — Virginia Code / Title 45.2 / Subtitle II / Part B / Chapter 7 / Article 7 / Section 45.2-737
Hoisting cages
Status: in_force

A. Any cage used for hoisting miners shall be of substantial construction and have (i) adequate steel bonnets, with enclosed sides; (ii) gates, safety chains, or bars across the ends of the cage when miners are being hoisted or lowered; and (iii) sufficient handholds or chains for all miners on the cage to maintain their balance. A locking device to prevent tilting of the cage shall be used on all self-dumping cages when transporting miners.

B. The floor of each cage shall be constructed so that it is (i) adequate to carry the load and (ii) impossible for a miner's foot or body to enter any opening in the bottom of the cage.

C. Each cage used for hoisting miners shall be equipped with safety catches that act quickly and effectively in case of an emergency. The provisions of this subsection shall not apply to a capsule or bucket that is used for emergency escape or during shaft or slope sinking.

Code 1950, § 45-68.4; 1954, c. 191; 1966, c. 594, § 45.1-69; 1978, c. 729; 1994, c. 28 , § 45.1-161.155; 1997, c. 293 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-726 — Virginia Code / Title 45.2 / Subtitle II / Part B / Chapter 7 / Article 6 / Section 45.2-726
Mine openings
Status: in_force

A. Except as provided in § 45.2-728 , there shall be at least two travel ways, entries, or openings to the surface from each section of a mine worked. Each longwall panel shall be developed with at least three entries; however, if new technology becomes available pursuant to which a two-entry system can be safely developed, such technology may be used, with the approval of the Chief.

B. One of the required travel ways may be the haulage road.

C. The first opening shall not be made through an adjoining mine. The second opening may be made through an adjoining mine.

D. One of the required travel ways shall be designated as the primary escapeway and shall be in an intake airway.

E. Any surface structure where miners congregate or where the mine map or other official records are kept at the mine shall be offset at least 15 feet from the nearest side of any mine opening or otherwise located to be out of the zone of danger if an explosion occurs, unless otherwise approved by the Chief.

Code 1950, §§ 45-71, 45-71.1; 1954, c. 191; 1966, c. 594, §§ 45.1-94, 45.1-95; 1984, c. 228; 1985, c. 395; 1990, c. 372; 1992, c. 360; 1994, c. 28 , § 45.1-161.162; 1996, c. 774 ; 1999, c. 256 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1025 — Virginia Code / Title 45.2 / Subtitle II / Part C / Chapter 10 / Article 2 / Section 45.2-1025
Administrative review of notice or order issued under § 45.2-1020
Status: in_force

A. A permittee who is issued a notice or order pursuant to § 45.2-1020 , or any person having an interest that is or could be adversely affected by such notice or order or by any modification, vacation, or termination of such notice or order, may apply to the Director for the review of such notice or order within 30 days of the receipt thereof or within 30 days of its modification, vacation, or termination. Upon receipt of such application, the Director shall cause such investigation to be made as he deems appropriate. Such investigation shall, at the request of the applicant or the person having an interest that is or could be adversely affected, include a public formal hearing to enable the applicant or such person to present information relating to the issuance and continuance of such notice or order or the modification, vacation, or termination thereof. The filing of an application for review under this subsection shall not operate as a stay of any order or notice.

B. Upon receiving the report of such investigation, the Director shall make findings of fact and shall issue a written decision, incorporating therein an order vacating, affirming, modifying, or terminating the notice or order complained of. Such order shall incorporate the Director's findings of fact. If the application for review concerns an order for cessation of coal surface mining and reclamation operations issued pursuant to the provisions of subsection A or C of § 45.2-1020 , the Director shall issue the written decision within 30 days of the receipt of the application for review unless temporary relief has been granted by the Director pursuant to subsection C or by a court pursuant to § 45.2-1027 .

C. Pending completion of the hearing required by this section, the applicant may file with the Director a written request that the Director grant temporary relief from any notice or order issued under § 45.2-1020 , together with a detailed statement giving reasons for granting such relief. The Director shall issue an order granting or denying such relief expeditiously. If the applicant requests relief from an order for cessation of coal surface mining and reclamation operations issued pursuant to subsection A or C of § 45.2-1020 , the order on such a request shall be issued within five days of its receipt. The Director may grant such relief, under such conditions as the Director prescribes, if:

1. A hearing has been held in the locality of the permit area on the request for temporary relief in which all parties were given an opportunity to be heard;

2. The applicant shows that there is substantial likelihood that the decision of the Director will be favorable to the applicant; and

3. Such relief will not adversely affect the health or safety of the public or cause significant imminent environmental harm to land, air, or water resources.

D. Following the issuance of an order to show cause as to why a permit should not be suspended or revoked pursuant to § 45.2-1020 , the Director shall hold a public formal hearing, unless waived by the permittee, after giving written notice of the time, place, and date thereof. Within 60 days following the formal hearing, the Director shall issue and furnish to the permittee and every other party to the hearing a written decision concerning suspension or revocation of the permit and reasons therefor. If the Director revokes the permit, the permittee shall immediately cease coal surface mining operations on the permit area and shall complete reclamation within a period specified by the Director, or the Director shall declare as forfeited the performance bonds for the operation.

E. The Director may adopt regulations providing for the award of costs and expenses, including attorney fees, to any party to any administrative proceedings under this chapter, incurred by such person in connection with his participation in such proceedings, and may assess such costs and expenses against any other party as the Director deems proper. For the purpose of this subsection, "party" includes the Commonwealth or any of its agents, officers, or employees.

1979, c. 290, § 45.1-249; 1983, c. 93; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-819 — Virginia Code / Title 45.2 / Subtitle II / Part B / Chapter 8 / Article 3 / Section 45.2-819
Duties in case of fire
Status: in_force

A. In case of a fire, the next inby permanent stopping into the return air course shall be opened as soon as possible in order to short circuit the air and permit close access to the fire for extinguishment.

B. When a fire that could endanger persons underground cannot be extinguished immediately, such persons shall be withdrawn promptly from the mine.

C. If a fire occurs, the person discovering it and any other person in the vicinity of the fire shall make a prompt effort to extinguish it.

Code 1950, § 45-14.1; 1954, c. 191; 1966, c. 594, § 45.1-89; 1974, c. 323; 1978, c. 118; 1984, c. 590; 1985, c. 500; 1994, c. 28 , § 45.1-161.201; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-828 — Virginia Code / Title 45.2 / Subtitle II / Part B / Chapter 8 / Article 4 / Section 45.2-828
Weekly examinations
Status: in_force

A. At least once every seven days, a mine foreman shall examine each unsealed worked-out area where no pillars have been recovered.

B. At least once every seven days, a mine foreman shall evaluate the effectiveness of each bleeder system used pursuant to § 45.2-837 .

C. At least once every seven days, a mine foreman shall examine each of the following locations for hazardous conditions:

1. At least one entry of each intake air course, in its entirety, so that the entire air course is traveled.

2. At least one entry of each return air course, in its entirety, so that the entire air course is traveled.

3. Each longwall or shortwall travel way, in its entirety, so that the entire travel way is traveled.

4. Each seal along each return or bleeder air course and each seal along each intake air course not examined pursuant to § 45.2-826 .

5. Each escapeway, in its entirety, so that the entire escapeway is traveled.

6. Each working section not examined pursuant to § 45.2-826 during the previous seven days.

D. At least once every seven days, a certified person shall:

1. Determine the volume of air entering each main intake and each intake split;

2. Determine the volume of air and test for methane in the last open crosscut in any pair or set of developing entries or rooms. Such determination and test shall be conducted in the return of each split of air immediately before it enters the main returns and where the air leaves the main returns; and

3. Test for methane in the return entry nearest each set of seals immediately after the air passes the seals.

E. Any hazardous condition shall be corrected immediately. If the condition creates an imminent danger, everyone except those persons necessary to correct the hazardous condition shall be withdrawn from the area affected to a safe area until the hazardous condition is corrected.

F. No weekly examination is required during any seven-day period in which no person enters any underground area of a mine. If a mine is idled or is in a nonproducing status with entry only for maintenance of the mine, weekly examinations may be conducted in accordance with a plan approved by the Chief.

G. Except for certified persons required to make examinations, no person shall enter any underground area of a coal mine if no weekly examination has been completed within the preceding seven days. The weekly examination may be conducted at the same time as the pre-shift examination.

H. A person making a weekly examination shall certify completion of the examination by initials, date, and time at enough locations to show that the entire area has been examined.

I. Any examination of surface areas of underground coal mines shall be made in accordance with the requirements for weekly examinations at surface coal mines pursuant to § 45.2-903 .

Code 1950, §§ 45-32, 45-33, 45-35, 45-40, 45-60.4, 45-68.1, 45-69.7; 1954, c. 191; 1966, c. 594, §§ 45.1-17, 45.1-56, 45.1-65; 1968, c. 310; 1978, cc. 120, 729; 1993, cc. 170, 442; 1994, c. 28 , § 45.1-161.210; 1996, c. 774 ; 1999, c. 256 ; 2005, c. 3 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-2102 — Virginia Code / Title 45.2 / Subtitle V / Chapter 21 / Article 2 / Section 45.2-2102
Virginia Nuclear Energy Consortium Authority established
Status: in_force

There is hereby established a political subdivision of the Commonwealth known as the Virginia Nuclear Energy Consortium Authority. The Authority's exercise of powers conferred by this article shall be deemed to be the performance of an essential governmental function and matters of public necessity for which public moneys may be spent and private property acquired.

2013, cc. 57 , 394 , § 67-1401; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1045 — Virginia Code / Title 45.2 / Subtitle II / Part C / Chapter 10 / Article 5 / Section 45.2-1045
Initial payments into Fund; renewal payments; bonds
Status: in_force

A. Any operator filing a permit application for a coal surface mining operation participating in the pool fund shall pay into the Fund, as an entrance fee, a sum equal to $1,000 for each applicable permit application. An entrance fee of $5,000 shall be required of each operator who elects to participate in the Fund if the Director has determined that the total balance of the Fund is less than $1.75 million. The entrance fee shall be reduced to $1,000 when the total Fund balance is greater than $2 million. A renewal fee of $1,000 shall be required of each permittee in the Fund at permit renewal.

1. For the purposes of this section, all planned expenditures shall be deducted from the balance of the Fund during each calendar quarter, including any forfeiture on which engineering cost estimates have been prepared but no money from the Fund has actually been expended.

2. If the actual expenditures from the Fund are less than the engineering cost estimate, the difference shall be credited to the balance of the Fund during the calendar quarter in which the final expenditure is made from the Fund to accomplish the reclamation.

B. In addition to the initial payments into the Fund described in subsection A, every operator who participates in the Fund shall furnish to the Fund a bond that meets the criteria of § 45.2-1016 and regulations issued pursuant thereto as follows:

1. For an underground mining operation participating in the Fund prior to July 1, 1991, the amount of $1,000 per acre covered by each permit. In no event shall such total bond be less than $40,000, except that on a permit that has completed all mining and for which a completion report was approved prior to July 1, 1991, the total bond shall not be less than $10,000.

2. For an underground mining operation entering the Fund on or after July 1, 1991, and for any additional acreage bonded after such date, the amount of $3,000 per acre. In no event shall the total bond for such underground operation entering the Fund on or after July 1, 1991, be less than $40,000.

3. For any other coal mining operation participating in the Fund prior to July 1, 1991, the amount of $1,500 per acre covered by each permit. In no event shall such total bond be less than $100,000, except that on a permit that has completed all mining and for which a completion report was approved prior to July 1, 1991, the total bond shall not be less than $25,000.

4. For any other coal mining operation entering the Fund on or after July 1, 1991, and for any additional acreage bonded after such date, the amount of $3,000 per acre. In no event shall the total bond for such operation entering the Fund on or after July 1, 1991, be less than $100,000.

C. All fees and payments provided in this article shall be in addition to initial permit application and anniversary payments provided pursuant to § 45.2-1010 or any other payments required in compliance with this chapter.

D. Each Fund participant shall be allowed to post incremental bonds as set forth in § 45.2-1016 . Such bonds shall be posted in annual increments according to a schedule contained in the permit application and approved annually by the Director on the anniversary date.

E. Any mining operation participating in the Fund that has been in temporary cessation for more than six months as of July 1, 1991, shall within 90 days of that date post bond equal to the total estimated cost of reclamation for all portions of the permitted site that are in temporary cessation. Any mining operation participating in the Fund that has been in temporary cessation for six months or less as of July 1, 1991, shall within 90 days after the date on which the operation has been in temporary cessation for more than six months post bond equal to the total estimated cost of reclamation for all portions of the permitted site that are in temporary cessation. Any mining operation participating in the Fund that enters temporary cessation on or after July 1, 1991, shall, prior to the date on which the operation has been in temporary cessation for more than six months, post bond equal to the total estimated cost of reclamation for all portions of the permitted site that are in temporary cessation. Such bond shall remain in effect throughout the remainder of the period during which the site is in temporary cessation. At such time as the site returns to active status, the bond posted under this subsection may be released if the permittee has posted bond pursuant to subsection B.

1982, c. 334, § 45.1-270.3; 1983, c. 131; 1989, c. 432; 1991, c. 495; 2014, cc. 111 , 135 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1138 — Virginia Code / Title 45.2 / Subtitle III / Part A / Chapter 11 / Article 5 / Section 45.2-1138
Team members considered employees of the mine where emergency exists; compensation; workers' compensation
Status: in_force

When engaged in rescue or recovery work during an emergency at a mine, all team members assigned to the work shall be considered, during the period of their work, employees of the mine where the emergency exists and shall be compensated by the licensed operator at the rate established in the area for such work. In no event shall such rate be less than the prevailing wage rate in the industry for the most skilled class of inside mine labor. During the period of their emergency employment, all team members shall be deemed to be within the employment of the licensed operator of the mine for the purpose of workers' compensation coverage.

1997, c. 390 , § 45.1-161.292:44; 1998, c. 695 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1039 — Virginia Code / Title 45.2 / Subtitle II / Part C / Chapter 10 / Article 4 / Section 45.2-1039
Priority of lien
Status: in_force

Any lien acquired under this article shall have priority as a lien second only to the lien of real estate taxes imposed upon the land.

1979, c. 290, § 45.1-267; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1713 — Virginia Code / Title 45.2 / Subtitle V / Chapter 17 / Article 4 / Section 45.2-1713
Submission of the Plan
Status: in_force

Upon completion, the Division shall submit the Plan, including periodic updates thereto, to the Governor, the Commissioners of the State Corporation Commission, and the General Assembly and shall present the Plan to the Energy Commission of Virginia at a public meeting. The Plan shall be submitted as provided in the procedures of the Division of Legislative Automated Systems for the processing of legislative documents. The Plan's executive summary shall be posted on the General Assembly's website.

2006, c. 939 , § 67-203; 2021, Sp. Sess. I, c. 387 ; 2023, cc. 753 , 793 ; 2026, c. 949 .
Va. Code Ann. § 45.2-1047 — Virginia Code / Title 45.2 / Subtitle II / Part C / Chapter 10 / Article 5 / Section 45.2-1047
Special assessment
Status: in_force

A. In addition to the tax assessed pursuant to § 45.2-1046 , and in order to ensure Fund solvency, the Director of the Division shall require each permittee to pay any special assessment made pursuant to subsection B.

B. On and after July 1, 1990, the Director of the Division shall assess each permit in the Fund the amount of $500. Such assessment shall be made only one time and all revenues collected shall be applied to the balance of the Fund. The permittee shall be responsible for payment of the assessment.

C. On or after July 1, 1991, the Director of the Division shall assess an amount not to exceed $500,000. The amount of the assessment shall be $250 for each permit participating in the Fund that has completed all mining activity and for which a completion report has been approved. The remaining assessments shall be made in equal amounts per acre for each disturbed acre permitted under the Fund. The amount of disturbed acreage for each permit shall be determined by the most recent anniversary map, or updated anniversary map, submitted by the permittee to the Division prior to July 1, 1991. The assessments under subsection B and this subsection shall not apply to acreage that has been reclaimed and for which an increment of the bond has been transferred to other acreage in the permit. The assessments under subsection B and this subsection shall be made only one time and all revenues collected shall be applied to the balance of the Fund. The permittee shall be responsible for payment of the assessment.

D. Failure to tender moneys assessed pursuant to the provisions of this section within 30 calendar days of assessment shall constitute a violation of this chapter. Any civil penalties collected for violations of this section shall be applied to the balance of the Fund.

1990, c. 427, § 45.1-270.4:1; 1991, c. 495; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1300 — Virginia Code / Title 45.2 / Subtitle III / Part A / Chapter 13 / Article 1 / Section 45.2-1300
Definitions
Status: in_force

As used in this article, unless the context requires a different meaning:

"Impound water" means to impound water for use in carrying out any part of the process necessary in the production or preparation of minerals.

"Refuse" means waste material resulting from a mineral mining operation.

"Silt" means fine particles resulting from a mineral mining operation, suspended in or deposited by water.

"Water" means water used in a mining operation.

1997, c. 390 , § 45.1-225.3; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-939 — Virginia Code / Title 45.2 / Subtitle II / Part C / Chapter 9 / Article 13 / Section 45.2-939
Surface coal mining; distance from wells; requirements
Status: in_force

A. Any mine operator who plans to remove coal or extend any workings in any mine to a distance of less than 500 feet from any gas or oil well that is already drilled or is in the process of being drilled shall file with the Chief a notice that such mining is taking place or will take place, together with copies of parts of the maps and plans required under § 45.2-542 that show the mine workings and projected mine workings beneath the tract in question and within 500 feet of the well. Such mine operator shall simultaneously mail copies of such notice, maps, and plans by certified mail, return receipt requested, to the well operator and the Gas and Oil Inspector appointed pursuant to the provisions of § 45.2-1604 . The mine operator shall certify in each notice that he has complied with the provisions of this subsection.

B. Subsequent to the filing of the notice required by subsection A, the mine operator may proceed with surface coal mining operations in accordance with the maps and plans. However, without the prior approval of the Chief, such mine operator shall not remove any coal or extend any workings in any mine to a distance of less than 200 feet from any gas or oil well that is already drilled or is in the process of being drilled.

C. The Chief shall adopt regulations that prescribe the procedure to be followed by a mine operator in petitioning the Chief for approval to conduct surface coal mining operations to a distance of less than 200 feet from a well. A petition may include a request to mine through a plugged well or a plugged vertical ventilation hole. Such petition may also include a request to mine through a well or a vertical ventilation hole and to lower the head of such well or vertical ventilation hole. Each mine operator who files a petition to remove coal or extend any workings to a distance of less than 200 feet from any gas or oil well shall mail copies of the petition, maps, and plans by certified mail, return receipt requested, to the well operator and the Gas and Oil Inspector no later than the day of filing. The well operator and the Gas and Oil Inspector shall have standing to object to any petition filed under this section. Such objection shall be filed within 10 days following the date such petition is filed.

1990, c. 92, § 45.1-92.1; 1994, c. 28 , § 45.1-161.292; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-733 — Virginia Code / Title 45.2 / Subtitle II / Part B / Chapter 7 / Article 6 / Section 45.2-733
Fire protection
Status: in_force

A. Every shaft, and every partition therein, shall be as nearly fireproof as is practicable.

B. Where there is danger of fire entering the mine, every opening shall have adequate protection against a surface fire or a hazardous volume of smoke entering the mine.

Code 1950, § 45-71.1; 1954, c. 191; 1966, c. 594, § 45.1-95; 1984, c. 228; 1985, c. 395; 1990, c. 372; 1992, c. 360; 1994, c. 28 , § 45.1-161.169; 1996, c. 774 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-858 — Virginia Code / Title 45.2 / Subtitle II / Part B / Chapter 8 / Article 5 / Section 45.2-858
Posting of notice
Status: in_force

A. The operator or his agent shall display, in bold-faced type, on a sign placed at the mine office, bath house, and on a bulletin board at the mine site, the following notice:

NOTICE:

IT IS UNLAWFUL FOR A MINER OR OTHER PERSON IN AN UNDERGROUND COAL MINE TO SMOKE OR CARRY OR POSSESS UNDERGROUND ANY SMOKER'S ARTICLES OR MATCHES, LIGHTERS, OR SIMILAR MATERIALS GENERALLY USED FOR IGNITING SMOKER'S ARTICLES. A VIOLATION IS PUNISHABLE AS A CLASS 6 FELONY. ANY PERSON ENTERING OR PRESENT IN THE UNDERGROUND AREA OF ANY COAL MINE IS SUBJECT TO A SEARCH OF HIS PERSON AND PROPERTY BY OFFICIALS OF THE DEPARTMENT OF MINES, MINERALS AND ENERGY FOR SUCH PROHIBITED SMOKER MATERIALS AT ANY TIME WHILE UNDERGROUND.

B. Beginning October 1, 2021, every new sign displayed in accordance with this section shall refer to the Department of Energy rather than to the Department of Mines, Minerals and Energy.

1993, c. 389, § 45.1-98.2; 1994, c. 28 , § 45.1-161.179; 1995, c. 569 ; 2021, Sp. Sess. I, cc. 387 , 532 .
Va. Code Ann. § 45.2-616 — Virginia Code / Title 45.2 / Subtitle II / Part A / Chapter 6 / Article 3 / Section 45.2-616
Article subject to provisions of general law
Status: in_force

The provisions of this article are subject to all of the provisions of general law applicable to coal mining operations.

Code 1950, § 45-154; 1950, p. 33; 1966, c. 594, § 45.1-154; 1994, c. 28 , § 45.1-161.318; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1917 — Virginia Code / Title 45.2 / Subtitle V / Chapter 19 / Article 3 / Section 45.2-1917
Low-to-Moderate Income Solar Loan and Rebate Pilot Program
Status: in_force

A. The Board, with the approval of the Director, shall develop and establish a Low-to-Moderate Income Solar Loan and Rebate Pilot Program and rules for the loan or rebate application process. The Program shall be open to any Virginia resident whose household income is at or below 80 percent of the state median income or regional median income, whichever is greater. The Program shall allow only one loan per residence, irrespective of the ownership of the solar energy system that is installed. Such loan shall be available only for a solar installation or energy efficiency improvements pursuant to the provisions of Chapter 1.2 (§ 36-55.24 et seq.) of Title 36.

B. The Board shall accept an application only from the installer of the solar installation or the agent of the customer.

Each application shall include (i) 12 months of the customer's utility bills prior to installation of the solar energy system and an agreement to provide 12 months of utility bills to the Board following the installation; (ii) the customer's permission for the Director to (a) create a customer profile for the customer if he becomes an eligible loan or rebate customer, (b) aggregate the data provided by such eligible loan or rebate customers, and (c) use such aggregate data for the purpose of lowering energy costs and implementing effective programs; (iii) evidence of the completion of a home performance audit, conducted by a qualified local weatherization service provider, before and after installation of energy efficiency services such as lighting or insulation improvements, attic tents, weatherization, air sealing of openings in the building envelope, sealing of ducts, or thermostat upgrades, to demonstrate that such energy efficiency services were completed and resulted in a reduction in consumption of at least 12 percent; and (iv) an affidavit attesting to the receipt of a public benefit at the time the solar energy system is to be installed.

C. The Board shall review each application submitted to it on a first-come, first-served basis and shall recommend to the Director the approval or denial of each such application within 30 days of receipt. If the Director approves an application, he shall hold a reservation of funds for as long as 180 days for final loan or rebate claim and disbursement.

D. A customer whose application is approved may install an energy system that is interconnected pursuant to the provisions of § 56-594 or any section in Title 56 that addresses net energy metering provisions for electric cooperative service territories.

E. All of the work of installing the energy system shall be completed by a licensed contractor that (i) possesses an Alternative Energy System (AES) Contracting specialty as defined by the Board for Contractors pursuant to the provisions of Chapter 11 (§ 54.1-1100 et seq.) of Title 54.1; (ii) possesses certification for solar installation from the North American Board of Certified Energy Practitioners, Solar Energy International, Roof Integrated Solar Energy, or a similar installer certification program; (iii) possesses a rating of "A" or higher from the local Better Business Bureau; and (iv) has installed a minimum of 150 net-metered residential solar systems in the Commonwealth. If the work of installing the solar energy system requires electrical work, such work shall be completed by an electrical contractor licensed by the Department of Professional and Occupational Regulation. All photovoltaic panels, inverters, and other electrical apparatus used in the solar energy system shall be tested and certified by a federal Occupational Safety and Health Administration Nationally Recognized Testing Laboratory such as UL LLC and installed in compliance with manufacturer specifications and all applicable building and electrical codes.

F. The customer or the installer, acting on behalf of the customer, shall submit any loan or rebate claim within 90 days of completion of the installation of the solar energy system, with completion deemed to have occurred once the solar energy system's bi-directional meter or net meter, or the respective utility's revenue grade meter, has been installed and the system has been electrified. Each rebate claim shall include, at a minimum, a date of system electrification and a time-stamped and date-stamped verification of (i) bi-directional net meter delivery or (ii) the operation of a compatible programmed smart meter capable of tracking net metering activity.

G. The Director shall review and approve or deny a loan or rebate claim within 60 days of receipt and shall provide a written explanation of each denial to the respective claimant. The Director shall disburse from the Fund created pursuant to § 45.2-1916 the loan or rebate for each approved claim within 60 days of its receipt of the claim and according to the order in which its respective application was approved. Any rebate or grant shall be in the amount of no more than $2 per DC watt for up to six kilowatts of solar capacity installed. The customer may use a rebate in addition to any federal tax credits or state incentives or enhancements earned for the same solar installation.

2019, c. 554 , § 45.1-399; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1015 — Virginia Code / Title 45.2 / Subtitle II / Part C / Chapter 10 / Article 2 / Section 45.2-1015
Decision of Director upon permit application; hearing; appeal
Status: in_force

A. The Director shall notify each applicant for a permit within a reasonable time, as set forth in regulations, taking into account the time needed for proper investigation of the site, the complexity of the permit application, and written objections that have been filed, of his written decision to approve or disapprove the application, in whole or in part, except that if an informal hearing has been held pursuant to § 45.2-1014 , the Director shall issue to the applicant and the parties to the hearing his written decision within 60 days of such hearing.

B. If such application is approved, a permit shall be issued. If such application is disapproved, specific reasons shall be given in the notification. Within 30 days after the applicant is notified of the final decision of the Director on such permit application, the applicant, or any person with an interest that is or might be adversely affected, may request a hearing on the reasons for the final determination. The Director shall hold a formal adjudicatory hearing in accordance with the Administrative Process Act (§ 2.2-4000 et seq.) and within 30 days thereafter shall issue to the applicant and every person who participated in the hearing the written decision of the Director granting or denying the permit in whole or in part and stating the reasons therefor. No person who presided at an informal hearing under § 45.2-1014 shall preside at the formal adjudicatory hearing or participate in the decision therein or any administrative appeal therefrom.

C. Where a hearing is requested pursuant to subsection B, the Director, under such conditions as he prescribes, may grant temporary relief pending final determination of the proceedings if:

1. All parties to the proceeding have been notified and given an opportunity to be heard on any request for temporary relief;

2. The person requesting such relief shows that there is a substantial likelihood that he will prevail on the merits of the final determination of the proceeding; and

3. Such relief will not adversely affect the public health or safety or cause significant imminent environmental harm to land, air, or water resources.

D. Any applicant or person who has an interest that is or might be adversely affected and has participated in the formal hearing as an objector who is aggrieved by the decision of the Director or by the failure of the Director to act within the time limits specified in this chapter has a right to judicial review in accordance with the provisions of the Administrative Process Act (§ 2.2-4000 et seq.).

1979, c. 290, § 45.1-240; 1983, c. 92; 1986, c. 615; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-927 — Virginia Code / Title 45.2 / Subtitle II / Part C / Chapter 9 / Article 9 / Section 45.2-927
Transformers
Status: in_force

A. Unless a surface transformer is isolated by elevation to a height of eight feet or more above the ground, it shall be enclosed in a transformer house or surrounded by a suitable fence at least six feet high. If the enclosure or fence is made of metal, such enclosure or fence shall be grounded effectively. The gate or door to the enclosure shall be kept locked at all times unless an authorized person is present.

B. Any surface transformer that contains flammable oil and is installed where it presents a fire hazard shall be provided with a means to drain or confine the oil in the event of a rupture of the transformer casing.

C. Suitable warning signs shall be posted conspicuously at every transformer station on the surface.

D. Every transformer station on the surface shall be kept free of nonessential combustible materials and refuse.

E. No electrical work shall be performed on any low-voltage, medium-voltage, or high-voltage distribution circuit or equipment except by (i) a certified person or (ii) a person who is trained to perform electrical work and to maintain electrical equipment and who is working under the direct supervision of a certified person. Every high-voltage circuit shall be grounded before repair work is performed. Disconnecting devices shall be locked out and suitably tagged by the person who performs electrical or mechanical work on such a circuit or on any equipment connected to the circuit. However, in a case in which such locking out is not possible, such devices shall be opened and suitably tagged by such person. Each lock and tag shall be removed only by the person who installed it or, if such person is unavailable, by a certified person who is authorized by the operator or his agent. However, an employee may, where necessary, repair energized trolley wires if he wears insulated shoes and lineman's gloves.

F. This section does not prohibit a certified electrical repairman from making checks on or troubleshooting an energized circuit or an authorized person from performing repairs or maintenance on equipment once the power is off and the equipment is blocked against motion, except where motion is necessary to make adjustments.

Code 1950, §§ 45-82 to 45-82.2; 1954, c. 191; 1966, c. 594, §§ 45.1-76, 45.1-78; 1993, c. 442; 1994, c. 28 , § 45.1-161.280; 1996, c. 774 ; 1999, c. 256 ; 2005, c. 3 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1124 — Virginia Code / Title 45.2 / Subtitle III / Part A / Chapter 11 / Article 4 / Section 45.2-1124
License required for operation of mineral mines; term
Status: in_force

A. No person shall engage in the operation of any mineral mine within the Commonwealth without first obtaining a license from the Department. Licenses shall be in a form that the Director prescribes. The license for each mine shall be posted in a conspicuous place near the main entrance to such mine.

B. A license is required prior to commencement of the operation of a mine, and a separate license shall be secured for each mine operated. The Director may transfer a license to a successor operator so long as the successor operator has complied with the requirements of the Act. Every change in ownership of a mine shall be reported to the Department as provided in subsection D of § 45.2-1129 .

C. Each license shall be valid for a period of one year following the date of issuance, and a mine operator shall secure the renewal of a license by its anniversary date.

D. Within 30 days after the occurrence of any change in the information required by subsection B, the licensed operator shall notify the Department in writing of such change.

1997, c. 390 , § 45.1-161.292:30; 1998, c. 695 ; 2000, c. 974 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-754 — Virginia Code / Title 45.2 / Subtitle II / Part B / Chapter 7 / Article 8 / Section 45.2-754
Transportation of material
Status: in_force

A. Any equipment, material, or supplies being transported shall be loaded in a manner that protects the operator and other personnel from sliding equipment, material, or supplies.

B. Any equipment, material, or supplies that are not necessary for the operation of a piece of self-propelled mobile equipment shall not be transported on such equipment, except for when the mobile equipment is designed to carry such materials or supplies and no hazard is created. Only small hand tools and materials or supplies that do not create hazards may be transported in the same compartment of a mantrip where any miner is seated.

Code 1950, § 45-69.1; 1954, c. 191; 1966, c. 594, § 45.1-73; 1979, c. 315; 1983, c. 70; 1985, c. 302; 1994, c. 28 , § 45.1-161.143; 1999, c. 256 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-556 — Virginia Code / Title 45.2 / Subtitle II / Part A / Chapter 5 / Article 6 / Section 45.2-556
Operators' reports of accidents; investigations; reports by Department
Status: in_force

A. Each operator shall report promptly to the Department the occurrence at any mine of any accident. The scene of the accident shall not be disturbed pending an investigation, except to the extent necessary to rescue or recover a person, prevent or eliminate an imminent danger, prevent destruction of mining equipment, or prevent suspension of use of a slope, entry, or facility vital to the operation of a section or a mine. In a case in which reasonable doubt exists as to whether to leave the scene unchanged, the operator shall secure prior approval from the Department before any changes are made.

B. The Chief shall go personally or dispatch one or more mine inspectors to the scene of such a coal mine accident, investigate causes, and issue such orders as may be needed to ensure safety of other persons.

C. Representatives of the operator shall render assistance as needed and act in a consulting capacity in the investigation. An employee, if so designated by the employees of the mine, shall be notified and as many as three employees, if so designated as representatives of the employees, may be present at the investigation in a consulting capacity.

D. The Chief shall require substance abuse testing as part of an inspection or complaint investigation if there is reasonable cause to suspect a miner's impairment, due to the presence of intoxicants or any controlled substance not used in accordance with the prescription of a licensed prescriber, has been a contributing factor to any accident in which a serious personal injury or death has occurred at a mine. The Chief shall require substance abuse testing of any miner killed or seriously injured and of any other person who might have contributed to the accident. Any substance abuse testing required by the Chief shall be paid for by the Department. Refusal by any miner to submit to substance abuse testing, or the failure to pass such a test, shall result in the immediate temporary suspension of all certificates held by the miner, pending a hearing before the Board of Coal Mining Examiners.

E. The Department shall render a complete report of circumstances and causes of each accident investigated and make recommendations for the prevention of similar accidents. The Department shall furnish one copy of the report to the operator and one copy to an employee representative if one was present at the investigation. The Chief shall maintain a complete file of all accident reports for coal mines and provide further dissemination as ordered by the Director in an effort to prevent mine accidents.

Code 1950, §§ 45-7, 45-12, 45-68.4, 45-69, 45-73, 45-75, 45-78, 45-79, 45-81, 45-83; 1950, p. 156; 1954, c. 191; 1966, c. 594, § 45.1-21; 1976, c. 598; 1978, cc. 222, 489; 1982, c. 255; 1984, cc. 178, 590; 1988, c. 577; 1993, cc. 171, 442; 1994, c. 28 , § 45.1-161.78; 1997, c. 390 ; 1999, c. 256 ; 2007, cc. 894 , 914 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1149 — Virginia Code / Title 45.2 / Subtitle III / Part A / Chapter 11 / Article 7 / Section 45.2-1149
Evaluation of risks at mines
Status: in_force

A. For the purpose of allocating the resources of the Department that are to be used for conducting additional inspections, the Department shall develop a procedural policy for scheduling such inspections based on an assessment, to be made at least annually, of the comparative risks at each underground mineral mine and at any surface mineral mine that is not inspected by MSHA. Such policy shall be prepared with the assistance of working groups consisting of persons knowledgeable in mine safety issues. The issuance of such policy shall be exempt from Article 2 (§ 2.2-4006 et seq.) of the Administrative Process Act. Variables that shall be included in the risk assessment measures include (i) fatality and serious accident rates at the mine, (ii) the rates of issuance of closure orders and notices of violations of the mine safety laws of the Commonwealth at the mine, and (iii) the frequency rates for nonserious accidents or nonfatal days lost. Risk assessments shall be developed for both independent contractors and individual mine sites.

B. The Director shall schedule additional inspections at each underground mineral mine, and at each surface mineral mine that is not inspected by MSHA, based on the rating assigned to it reflecting the assessment of its risks compared to other such mines in the Commonwealth.

1997, c. 390 , § 45.1-161.292:55; 1998, c. 695 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1224 — Virginia Code / Title 45.2 / Subtitle III / Part A / Chapter 12 / Article 2 / Section 45.2-1224
Assistance of federal, state, and local agencies
Status: in_force

In approving plans of operation and in issuing rules and regulations for reclamation, the Director may avail himself and the Department of the advice, assistance, and facilities of local soil and water conservation district supervisors or any other federal, state, or local agency.

1968, c. 734, § 45.1-192; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1638 — Virginia Code / Title 45.2 / Subtitle IV / Chapter 16 / Article 3 / Section 45.2-1638
Appeals of Director's decisions to the Board
Status: in_force

A. Any person with standing under the provisions of § 45.2-1632 who is aggrieved by a decision of the Director may appeal to the Board, subject to the limitations imposed by subsection B, by petition to the Board filed within 10 days following the appealed decision.

B. No petition for appeal may raise any matter other than a matter that was raised by the Director or that the petitioner put in issue either by application or by an objection, proposal, or claim made and specified in writing at the informal fact-finding hearing held under § 45.2-1637 leading to the appealed decision.

1982, c. 347, § 45.1-325; 1984, c. 590; 1990, c. 92, § 45.1-361.36; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-2109 — Virginia Code / Title 45.2 / Subtitle V / Chapter 21 / Article 3 / Section 45.2-2109
Regulations
Status: in_force

The Director shall, in accordance with the Administrative Process Act (§ 2.2-4000 et seq.), adopt regulations as may be necessary and proper to carry out the provisions of this article.

1982, c. 269, § 45.1-279; 1984, c. 590; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1032.1 — Virginia Code / Title 45.2 / Subtitle II / Part C / Chapter 10 / Article 4 / Section 45.2-1032.1
Abandoned Mine Land Grant Retention Fund
Status: in_force

There is hereby created in the state treasury a special nonreverting fund to be known as the Abandoned Mine Land Grant Retention Fund, referred to in this section as "the Fund." The Fund shall be established on the books of the Comptroller and shall be administered by the Director. All eligible designated funds received under § 40701 of the federal Infrastructure Investment and Jobs Act, P.L. 117-58, shall be paid into the state treasury and credited to the Fund and shall be the sole source for the Fund. Interest earned on moneys in the Fund shall remain in the Fund and be credited to it. Any moneys remaining in the Fund, including interest thereon, at the end of each fiscal year shall not revert to the general fund but shall remain in the Fund. Moneys in the Fund shall be used solely for the purpose of carrying out the activities described in § 40701(c) of the federal Infrastructure Investment and Jobs Act, P.L. 117-58. Expenditures and disbursements from the Fund shall be made by the State Treasurer on warrants issued by the Comptroller upon written request signed by the Director.

2025, c. 151 .
Va. Code Ann. § 45.2-1139 — Virginia Code / Title 45.2 / Subtitle III / Part A / Chapter 11 / Article 5 / Section 45.2-1139
Requirements of recovery work
Status: in_force

A. During recovery work and prior to entering any mine, each mine rescue team conducting recovery work shall be properly informed of existing conditions by the operator or his agent in charge.

B. Each mine rescue team performing rescue or recovery work with breathing apparatus shall be provided with a backup team of equal strength, stationed at each fresh air base.

C. For every two teams performing work underground, one six-member team shall be stationed at the mine portal.

D. Two-way communication, life lines, or their equivalent shall be provided by the fresh air base to each team, and no team member shall be permitted to advance beyond such communication system.

E. A mine rescue team shall immediately return to the fresh air base if any team member's breathing apparatus malfunctions or the low-oxygen alarm activates.

F. The Director may also assign rescue and recovery work to inspectors, instructors, or other qualified employees of the Department as the Director determines to be desirable.

1997, c. 390 , § 45.1-161.292:45; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-113 — Virginia Code / Title 45.2 / Subtitle I / Chapter 1 / Article 2 / Section 45.2-113
Immunity from prosecution for trespass
Status: in_force

No criminal action for trespass shall lie against the State Geologist or any agent or employee of the State Geologist pursuant to any lawful act done in the performance of his duties, including entry upon the lands of any person for the purpose of performing such duties.

1984, c. 590, § 45.1-389; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-722 — Virginia Code / Title 45.2 / Subtitle II / Part B / Chapter 7 / Article 5 / Section 45.2-722
Blasting practices; penalty
Status: in_force

A. All explosives shall be of the permissible type except where addressed in the plan for shaft and slope development required by subsection B of § 45.2-704 .

B. All explosives shall be used as follows:

1. Explosives shall be fired only with electric detonators of proper strength;

2. Explosives shall be fired with permissible shot-firing units, unless firing is done from the surface when all persons are out of the mine, or in accordance with a plan approved by the Chief;

3. Where the coal is cut, no borehole in coal shall be drilled beyond the limits of the cut or into the roof or floor;

4. Every borehole shall be cleaned and checked to ensure that it is placed properly and is of the correct depth in relation to the cut before being charged;

5. Every blasting charge in coal shall have a burden of at least 18 inches in every direction if the height of the coal permits;

6. Every borehole shall be stemmed with at least 24 inches of incombustible material, or at least one-half of the length of the hole shall be stemmed if the hole is less than four feet in depth. The Chief may approve the use of other stemming devices;

7. An examination for gas shall be made immediately before firing each shot or group of shots and after blasting is completed;

8. No shot shall be fired in any place where a methane level of one percent or greater can be detected with a permissible methane detector as directed by the Chief;

9. Without approval, no charge of greater than one and one-half pounds shall be used unless (i) each borehole is six feet or more in depth; (ii) the explosives are charged in a continuous train, with no cartridges deliberately deformed or crushed; (iii) all cartridges are in contact with each other, with the end cartridges touching the back of the hole and the stemming, respectively; and (iv) explosives permissible pursuant to this article are used. No charge exceeding three pounds shall be used; however, such three-pound limit shall not apply to solid rock work;

10. Any solid shooting shall be done in compliance with conditions prescribed by the Chief;

11. Any shot shall be fired by a certified underground shot firer;

12. No borehole shall be charged while any other work is being done at the face, and any shot shall be fired before any other work is done in the zone of danger from blasting except that which is necessary to safeguard the miners;

13. Only nonmetallic tamping bars, including a nonmetallic tamping bar with a nonsparking metallic scraper on one end, shall be used for charging and tamping boreholes;

14. The leg wires of every electric detonator shall be kept shunted until ready to connect to the firing cable;

15. The roof and faces of each working place shall be tested before and after firing each shot or group of shots;

16. Ample warning shall be given before any shot is fired, and care shall be taken to ascertain that all miners are in the clear;

17. Every miner shall be removed to a distance of at least 100 feet from the working place and any immediately adjoining working place and shall be accounted for before any shot is fired;

18. No mixed types or brands of explosives shall be charged or fired in any borehole;

19. No adobe, mudcap, or other open, unconfined shot shall be fired in any mine except a type approved by MSHA and the Chief;

20. Any power wire or cable that could contact any blasting cable or leg wire shall be de-energized during charging and firing;

21. Firing a shot from a properly installed and protected blasting circuit may be permitted by the Chief;

22. No miner shall return or be allowed to return to the working place after the firing of any shot until the smoke has reasonably cleared away;

23. Before any miner returns to work and begins to load coal, slate, or refuse, such miner shall make a careful examination of the condition of the roof and do what is necessary to make the working place safe; and

24. An examination for fire shall be made of the working area after any blasting.

C. It is unlawful for an operator, his agent, or a mine foreman to cause or permit any solid shooting to be done without first obtaining a written permit from the Chief. It is unlawful for any miner to shoot coal from the solid without first obtaining permission to do so from the operator, his agent, or a mine foreman. A violation of this subsection is a Class 1 misdemeanor.

Code 1950, §§ 45-53.1, 45-53.5; 1954, c. 191; 1966, c. 594, § 45.1-48; 1978, c. 729; 1981, c. 179; 1984, c. 229; 1993, c. 442; 1994, c. 28 , § 45.1-161.129; 1999, c. 256 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1223 — Virginia Code / Title 45.2 / Subtitle III / Part A / Chapter 12 / Article 2 / Section 45.2-1223
Penalty for violation of chapter, etc
Status: in_force

Any violation of any provision of this chapter or of any order of the Director is a misdemeanor punishable by a maximum fine of $1,000 or a maximum of one year in jail, or both.

1968, c. 734, § 45.1-188; 1974, c. 312; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1708 — Virginia Code / Title 45.2 / Subtitle V / Chapter 17 / Article 3 / Section 45.2-1708
Role of local governments in achieving objectives of the Commonwealth Clean Energy Policy
Status: in_force

A. In the development of any local ordinance addressing the siting of renewable energy facilities that generate electricity from wind or solar resources, such ordinance shall:

1. Be consistent with the provisions of the Commonwealth Clean Energy Policy pursuant to subsection E of § 45.2-1706.1 ;

2. Provide reasonable criteria to be addressed in the siting of any renewable energy facility that generates electricity from wind or solar resources. Such criteria shall provide for the protection of the locality in a manner consistent with the goals of the Commonwealth to promote the generation of energy from wind and solar resources; and

3. Include provisions establishing reasonable requirements upon the siting of any such renewable energy facility, including provisions limiting noise, requiring buffer areas and setbacks, and addressing generation facility decommissioning.

B. Any measures required by an ordinance adopted pursuant to subsection A shall be consistent with the locality's existing ordinances.

2011, c. 750 , § 67-103; 2021, Sp. Sess. I, cc. 327 , 387 .
Va. Code Ann. § 45.2-2007 — Virginia Code / Title 45.2 / Subtitle V / Chapter 20 / Article 2 / Section 45.2-2007
Penalties; injunctions
Status: in_force

A. Any person who violates any provision of this chapter is guilty of a misdemeanor, punishable by a civil penalty of not less than $10 or more than $250 for each violation.

B. In addition, upon violation of any provision of this chapter or regulation of the Department adopted pursuant to this chapter, the Department may, either before or after the institution of proceedings pursuant to subsection A, institute a civil action in the circuit court where the well is located for injunctive relief to restrain the violation and for any other or further relief that the court deems proper.

1981, c. 506, § 45.1-179.10; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1050 — Virginia Code / Title 45.2 / Subtitle II / Part C / Chapter 10 / Article 5 / Section 45.2-1050
Reinstatement to the Fund; recovery of Fund expenditures
Status: in_force

A. An operator who has defaulted on any reclamation obligation and has thereby caused the Fund to incur reclamation expenses shall not be eligible to participate in the Fund thereafter until restitution for such default has been made. Compliance with this requirement shall be a prerequisite to the filing by the operator of any new permit application under this chapter but shall not affect the operator's obligation to comply with all other requirements of this chapter in applying for a permit.

B. The Director may file a motion for judgment in any court of competent jurisdiction against the permittee to recover all moneys expended by the Fund to accomplish a reclamation. Such expenditures shall include construction costs, engineering costs, administrative costs, and legal costs. In any action to recover such costs, the defendant shall not relitigate the facts giving rise to the forfeiture or defend by claiming the forfeiture was improper.

1982, c. 334, § 45.1-270.6; 1987, c. 468; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1303 — Virginia Code / Title 45.2 / Subtitle III / Part A / Chapter 13 / Article 2 / Section 45.2-1303
Consent required before working mine near land of another
Status: in_force

No owner or tenant of any land within the Commonwealth containing minerals shall open or sink, dig, excavate, or work in any mine on such land within five feet of the line dividing such land from that of another person without the written consent of every person interested in or having title to such adjoining lands or mineral rights in possession, reversion, or remainder, or of the guardian of any such person that may be under a disability. Any person violating this section shall forfeit $500 to each person injured by such violation and to each person whose consent was required but not obtained.

1997, c. 390 , § 45.1-161.311:1; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-2105 — Virginia Code / Title 45.2 / Subtitle V / Chapter 21 / Article 2 / Section 45.2-2105
Establishment of the Consortium
Status: in_force

A. The Board shall provide for the formation, by January 1, 2014, of a nonstock corporation under Chapter 10 (§ 13.1-801 et seq.) of Title 13.1, not organized for profit, that shall include in its name the words "Virginia Nuclear Energy Consortium" or some variation thereof that is approved by the Board.

B. The Consortium shall be established for the purpose of conducting activities useful in (i) making the Commonwealth a leader in nuclear energy; (ii) serving as an interdisciplinary study, research, and information resource for the Commonwealth on nuclear energy issues; and (iii) carrying out the provisions of this article, including raising money on behalf of the Authority in the corporate and nonprofit community and from other nonstate sources.

C. The membership of the Consortium shall be open to:

1. Public or private institutions of higher education in the Commonwealth;

2. Commonwealth-based federal research laboratories;

3. Nuclear energy-related nonprofit organizations;

4. Business entities with operating facilities located in the Commonwealth that are engaged in activities directly related to the nuclear energy industry; and

5. Other individuals or entities whose membership is approved by the board of directors of the Consortium through a process established by the bylaws of the Consortium.

D. The board of directors of the Consortium shall consist of members selected and approved by the Consortium pursuant to a process established by its bylaws.

E. The board of directors of the Consortium shall appoint an executive director to serve as the principal administrative officer of the Consortium. The executive director shall carry out the specific duties assigned to him by the board of directors and develop appropriate policies and procedures for the operation of the Consortium; employ persons and secure services as required to carry out the purposes of the Consortium; expend funds as authorized by the Authority; and accept moneys from federal or private sources on behalf of the Authority, including moneys contributed by Consortium members to the Authority, for cost-sharing on nuclear energy research or projects. The executive director and any other employee of the Consortium (i) shall be compensated in the manner provided by the board of directors of the Authority, (ii) shall not be subject to the provisions of the Virginia Personnel Act (§ 2.2-2900 et seq.), and (iii) shall not be deemed to be an officer or employee for purposes of the State and Local Government Conflict of Interests Act (§ 2.2-3100 et seq.).

F. The articles of incorporation of the Consortium shall provide that upon dissolution the net assets of the Consortium shall be transferred to the Authority.

G. The Consortium shall not be deemed to be a state or governmental agency, advisory agency, public body, or agency or instrumentality for purposes of Chapter 8 (§ 2.2-800 et seq.), 18 (§ 2.2-1800 et seq.), 24 (§ 2.2-2400 et seq.), 29 (§ 2.2-2900 et seq.), 31 (§ 2.2-3100 et seq.), 37 (§ 2.2-3700 et seq.), 38 (§ 2.2-3800 et seq.), 43 (§ 2.2-4300 et seq.), 44 (§ 2.2-4400 et seq.), 45 (§ 2.2-4500 et seq.), 46 (§ 2.2-4600 et seq.), or 47 (§ 2.2-4700 et seq.) of Title 2.2, Chapter 14 (§ 30-130 et seq.) of Title 30, or Chapter 1 (§ 51.1-124.1 et seq.) of Title 51.1.

H. The board of directors of the Consortium shall adopt, alter, and repeal bylaws governing the manner in which its business shall be transacted and the manner in which the activities of the Consortium shall be conducted.

I. The Consortium shall report on all of its nonproprietary activities at least twice a year to the Authority.

2013, cc. 57 , 394 , § 67-1404; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-806 — Virginia Code / Title 45.2 / Subtitle II / Part B / Chapter 8 / Article 2 / Section 45.2-806
Stations and substations
Status: in_force

A. Suitable warning signs shall be posted conspicuously at every transformer station.

B. Every transformer station, substation, battery-charging station, pump station, and compressor station shall be kept free of nonessential combustible material and refuse.

C. Reverse-current protection shall be provided at each storage-battery-charging station to prevent the storage batteries from energizing a power circuit in the event of power failure.

Code 1950, §§ 45-60.4, 45-82.2; 1954, c. 191; 1966, c. 594, §§ 45.1-76, 45.1-77; 1994, c. 28 , § 45.1-161.184; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1134 — Virginia Code / Title 45.2 / Subtitle III / Part A / Chapter 11 / Article 5 / Section 45.2-1134
Mine rescue and first aid stations
Status: in_force

The Director is hereby authorized to purchase, equip, and operate for the use of the Department any mine rescue and first aid stations he determines necessary for the adequate provision of mine rescue and recovery services at all mines in the Commonwealth.

1997, c. 390 , § 45.1-161.292:40; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1803 — Virginia Code / Title 45.2 / Subtitle V / Chapter 18 / Article 2 / Section 45.2-1803
Definitions
Status: in_force

As used in this article, unless the context requires a different meaning:

"Developer" means any private developer of an offshore wind energy project.

"Offshore wind energy project" means a wind-powered electric energy facility, including tower, turbine, and associated equipment, located off the coast of the Commonwealth beyond the Commonwealth's three-mile jurisdictional limit, and includes interests in land, improvements, and ancillary facilities.

"Transmission study" means a study to determine the potential interconnection options to accommodate multiple offshore wind energy projects in the Hampton Roads region.

2010, cc. 507 , 681 , § 67-1200; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-119 — Virginia Code / Title 45.2 / Subtitle I / Chapter 1 / Article 3 / Section 45.2-119
Investment strategy; content; process
Status: in_force

A. No later than December 15, 2026, and every four years thereafter, the Bank shall adopt a long-term investment strategy to ensure that the Bank's paramount goal to reduce greenhouse gas emissions is reflected in all of the Bank's operations. The investment strategy shall address:

1. The types of qualified projects the Bank should focus on;

2. Gaps in current qualified project financing that present the greatest opportunities for successful action by the Bank;

3. How the Bank can best position itself to maximize its impact without displacing, subsidizing, or assuming risk that should be shared with financing entities;

4. Financing tools that will be most effective in achieving the Bank's goals;

5. Partnerships the Bank should establish with other organizations to increase the likelihood of success; and

6. How values of economic and geographic balance can be integrated into all investment operations of the Bank.

B. In developing an investment strategy, the Bank shall consult, at a minimum, with similar organizations in other states, lending authorities, state agencies, utilities, environmental and energy policy nonprofits, and other organizations that can provide valuable advice on the Bank's activities. The Bank shall consult with the Bank Advisory Board, the Department of Environmental Quality, and the Department of Conservation and Recreation to identify and incorporate flood resilience and water quality projects into the investment strategy.

C. The long-term investment strategy shall contain provisions ensuring that:

1. Bank investments are not made solely to reduce private risk; and

2. Private financing entities do not unilaterally control the terms of investments to which the Bank is a party.

D. The Bank shall submit a draft long-term investment strategy for comment to each of the groups and individuals with whom the Bank consults pursuant to subsection B and to the General Assembly and shall post the draft strategy on the Bank's website. The Bank shall accept written comments on the draft strategy for at least 30 days and shall consider the comments in preparing the final long-term investment strategy.

2026, cc. 1125 , 1126 .
Va. Code Ann. § 45.2-1123 — Virginia Code / Title 45.2 / Subtitle III / Part A / Chapter 11 / Article 3 / Section 45.2-1123
Foreman certification
Status: in_force

A. At any mineral mine where three or more persons work at the same time during any part of a 24-hour period, the licensed operator or independent contractor engaged in the extraction or processing of minerals shall employ a mine foreman. Only a person holding a foreman certificate in accordance with § 45.2-1114 shall be employed as a mine foreman. The holder of such a certificate shall present the certificate, or a copy thereof, to the operator where he is employed. Such operator shall file the certificate or its copy in the office at the mine and make it available for inspection by interested persons.

B. Every applicant for a foreman certificate shall have at least five years of experience at mineral mining, or other experience deemed appropriate by the Department, and shall demonstrate to the Department a thorough knowledge of the theory and practice of mineral mining by making a score of 85 percent or more on the written examination. In addition, each applicant shall pass an examination in first aid approved by the Department.

C. The certified mine foreman at each mine shall examine all active workings at the beginning of each shift. Any hazard or unsafe condition shall be corrected before any miner starts work in the affected area.

D. Any independent contractor working in a mineral mine who is engaged in an activity other than the extraction or processing of minerals and is working in a clearly demarcated area where (i) no mining-associated hazard exists and (ii) no other miner travels or works while engaged in an extraction or processing activity shall employ a competent person to examine the work area of the contractor at the beginning of each shift. Any hazard or unsafe condition shall be corrected prior to any person starting work in the affected area.

1997, c. 390 , § 45.1-161.292:29; 1998, c. 695 ; 2012, cc. 803 , 835 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1646 — Virginia Code / Title 45.2 / Subtitle IV / Chapter 16 / Article 4 / Section 45.2-1646
Tidewater Virginia; drilling for gas or oil prohibited in certain areas
Status: in_force

A. In Tidewater Virginia, as defined in § 62.1-44.15:68 , no person shall drill for gas or oil (i) within 500 feet of the shoreline of the waters of the Chesapeake Bay or any of its tributaries, as measured landward of the shoreline, or (ii) if it is farther than 500 feet from such shoreline, in any Chesapeake Bay Preservation Area, as defined in § 62.1-44.15:68 , that a local government designates as a Resource Protection Area and incorporates into its local comprehensive plan. Resource Protection Areas shall be defined according to the criteria developed by the State Water Control Board pursuant to § 62.1-44.15:72 .

B. If any person desires to drill for gas or oil in any area of Tidewater Virginia where drilling is not prohibited by the provisions of subsection A, he shall submit an environmental impact assessment to the Department as part of his application for a permit to drill. Such environmental impact assessment shall include:

1. The probabilities and consequences of accidental discharge of gas or oil into the environment during drilling, production, and transportation for:

a. Finfish, shellfish, and other marine or freshwater organisms;

b. Birds and other wildlife that use the air and water resources;

c. Air and water quality; and

d. Land and water resources;

2. Recommendations for minimizing any adverse economic, fiscal, or environmental impacts; and

3. An examination of the secondary environmental effects of induced economic development due to the drilling and production.

C. Upon receipt of an environmental impact assessment, the Department shall notify the Department of Environmental Quality to coordinate a review of the environmental impact assessment. DEQ shall:

1. Publish in the Virginia Register of Regulations a notice that is sufficient to identify the environmental impact assessment and provides an opportunity for public review of and comment on the assessment. The period for public review and comment shall not be less than 30 days from the date of publication;

2. Submit the environmental impact assessment to all appropriate state agencies to review the assessment and submit their comments to DEQ; and

3. Based upon the review by all appropriate state agencies and the public comments received, submit findings and recommendations to the Department within 90 days after notification and receipt of the environmental impact assessment from the Department.

D. The Department shall not grant a permit under § 45.2-1631 until it has considered the findings and recommendations of DEQ.

E. DEQ shall, in conjunction with other state agencies and in conformance with the Administrative Process Act (§ 2.2-4000 et seq.), develop criteria and procedures to assure the orderly preparation and evaluation of environmental impact assessments required by this section.

F. A person may drill an exploratory well or a gas well in any area of Tidewater Virginia where drilling is not prohibited by the provisions of subsection A only if:

1. For directional drilling, the person has the permission of the owners of all lands to be directionally drilled into;

2. The person files an oil discharge contingency plan and proof of financial responsibility to implement the plan, both already filed with and approved by the State Water Control Board. For purposes of this section, such oil discharge contingency plan shall comply with the requirements set forth in § 62.1-44.34:15 . The State Water Control Board's regulations governing the amount of any financial responsibility required shall take into account the type of operation, the location of the well, the risk of discharge or accidental release, the potential damage or injury to state waters or sensitive natural resource features or the impairment of their beneficial use that may result from discharge or release, the potential cost of containment and cleanup, and the nature and degree of injury or interference with general health, welfare, and property that may result from discharge or accidental release;

3. All land-disturbing activities resulting from the construction and operation of the permanent facilities necessary to implement the contingency plan and the area within the berm will be located outside any area described in subsection A;

4. The drilling site is stabilized with boards, gravel, or other materials that will result in minimal amounts of runoff;

5. Persons certified in blowout prevention are present at all times during drilling;

6. Conductor pipe is set as necessary from the surface;

7. Casing is set and pressure-grouted from the surface to a point at least 2,500 feet below the surface or 300 feet below the deepest known groundwater, as defined in § 62.1-255 , for a beneficial use, as defined in § 62.1-10 , whichever is deeper;

8. Freshwater-based drilling mud is used during drilling;

9. There is no onsite disposal of drilling muds, produced contaminated fluids, waste contaminated fluids, or other contaminated fluids;

10. Multiple blow-out preventers are employed; and

11. The person complies with all requirements of Chapter 16 (§ 45.2-1600 et seq.) and regulations adopted thereunder.

G. The provisions of subsection A and subdivisions F 1 and 4 through 9 shall be enforced consistent with the requirements of Chapter 16 (§ 45.2-1600 et seq.).

H. If exploration activities in Tidewater Virginia result in a finding by the Director that production of commercially recoverable quantities of oil is likely and imminent, the Director shall notify the Secretary of Commerce and Trade and the Secretary of Natural and Historic Resources. At that time, the Secretaries shall develop a joint report to the Governor and the General Assembly assessing the environmental risks and safeguards, transportation issues, state-of-the-art oil production well technology, economic impacts, regulatory initiatives, operational standards, and other matters related to the production of oil in the region. No permit for an oil production well shall be issued until (i) the Governor has had an opportunity to review the report and make recommendations, in the public interest, for legislative and regulatory changes; (ii) the General Assembly, during the next upcoming regular session, has acted on the Governor's recommendations or on its own initiatives; and (iii) any resulting legislation has become effective. The report by the Secretaries and the Governor's recommendations shall be completed within 18 months of the notification of the Secretaries of the findings of the Director.

1989, c. 325; § 62.1-195.1; 1990, c. 967; 1992, cc. 480, 887; 1993, c. 239; 1994, c. 957 ; 2012, cc. 785 , 819 ; 2013, cc. 756 , 793 ; 2021, Sp. Sess. I, cc. 387 , 401 .
Va. Code Ann. § 45.2-769 — Virginia Code / Title 45.2 / Subtitle II / Part B / Chapter 7 / Article 9 / Section 45.2-769
Scaffolding and overhead protection
Status: in_force

Proper scaffolding or proper overhead protection shall be provided (i) where repairs are being made to a facility or (ii) where equipment or material is being used or transported overhead.

Code 1950, § 45-85.5; 1954, c. 191; 1966, c. 594, § 45.1-34; 1978, c. 729; 1994, c. 28 , § 45.1-161.241; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-745 — Virginia Code / Title 45.2 / Subtitle II / Part B / Chapter 7 / Article 8 / Section 45.2-745
Track switches and rails
Status: in_force

A. Every track switch shall be provided with a properly installed throw and properly installed latches and bridle bars.

B. Every track switch, other than a switch in a room or entry development, shall be equipped with properly installed guardrails.

C. Every switch throw and stand shall be installed on the side of the track where clearance is provided.

D. Every rail shall be secured at all joints by plates or welds.

Code 1950, §§ 45-69.1, 45-69.4; 1954, c. 191; 1966, c. 594, §§ 45.1-70, 45.1-73; 1979, c. 315; 1983, c. 70; 1985, c. 302; 1994, c. 28 , § 45.1-161.134; 1999, c. 256 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1503 — Virginia Code / Title 45.2 / Subtitle III / Part C / Chapter 15 / Section 45.2-1503
Mining in proximity to gas and oil wells
Status: in_force

A. The Director shall adopt regulations requiring each licensed operator to notify, and in appropriate circumstances obtain the consent of, the Director prior to removing minerals in proximity to any gas or oil well already drilled or in the process of being drilled.

B. Any licensed operator who plans to remove any mineral, drive any passage or entry, or extend any workings in any mine within 500 feet of any gas or oil well already drilled or in the process of being drilled shall file with the Director a notice that mining is taking place or will take place, together with copies of the maps and plans required under § 45.2-1131 showing the mine workings and projected mine workings that are within 500 feet of the well. The licensed operator shall simultaneously mail copies of such notice, maps, and plans by certified mail, return receipt requested, to the well operator and the Gas and Oil Inspector appointed pursuant to § 45.2-1604 . Each such notice shall contain a certification made by the sender that the sender has complied with such requirements.

C. After filing such notice, the licensed operator may proceed with mining operations in accordance with the maps and plans submitted; however, without the prior approval of the Director, the operator shall not remove any material, drive any entry, or extend any workings in any mine within 200 feet of any gas or oil well already drilled or in the process of being drilled. Each licensed operator who files such petition shall mail copies of the petition, maps, and plans by certified mail, return receipt requested, to the well operator and the Gas and Oil Inspector no later than the day of filing. The Gas and Oil Inspector and the well operator shall have standing to object to any petition filed under this section. Any such objection shall be filed within 10 days following the date such petition is filed.

1990, c. 92, § 45.1-92.1; 1994, c. 28 , § 45.1-161.307; 1997, c. 390 ; 1998, c. 695 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1302 — Virginia Code / Title 45.2 / Subtitle III / Part A / Chapter 13 / Article 1 / Section 45.2-1302
Examination of dams and mine refuse piles; potentially hazardous conditions; plans to be submitted by licensed operators
Status: in_force

A. Every water-retaining or silt-retaining dam or mine refuse pile shall be examined daily for visible structural weakness, volume overload, and other hazards by a qualified person designated by the licensed operator. When rising water and silt reaches 80 percent by volume of the safe design capacity of the dam or pile, such examination shall be made more often as required by the Director or his designated agent. Frequent examinations shall be made during periods of rainfall that could create flooding conditions.

B. When a potentially hazardous condition exists, the operator shall initiate procedures to:

1. Remove all persons from the area that can reasonably be expected to be affected by such potentially hazardous condition;

2. Eliminate such potentially hazardous condition; and

3. Notify the Director.

C. Records of the inspections required by subsection A shall be kept and certified by the licensed operator or his agent. Such records shall be kept on the surface at the office or designated station of the mine.

D. The licensed operator of each mineral mine on which a water-retaining or silt-retaining dam is located shall adopt a plan for carrying out the requirements of subsections A and B. The plan shall be submitted for approval to the Director and shall include:

1. A schedule and procedures for the inspection of the retaining dam by a qualified person;

2. Procedures for evaluating any potentially hazardous condition;

3. Procedures for removing all persons from the area that may reasonably be expected to be affected by such potentially hazardous condition;

4. Procedures for eliminating such potentially hazardous condition;

5. Procedures for notifying the Director; and

6. Any additional information that may be required by the Director.

E. Before making any change or modification in the plan approved in accordance with subsection D, the licensed operator shall obtain approval of such change or modification from the Director.

1997, c. 390 , § 45.1-225.2; 1998, c. 695 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-503 — Virginia Code / Title 45.2 / Subtitle II / Part A / Chapter 5 / Article 1 / Section 45.2-503
Special safety rules
Status: in_force

The operator of each mine has the right to adopt special safety rules for the safety and operation of his mine, covering the work pertaining to the mine inside and outside of such mine. Such special safety rules shall not be in conflict with the provisions of the Act and, when established, shall be posted at some conspicuous place about the mine where the rules may be seen by all miners at such mine or in lieu thereof shall be furnished by the operator as a printed copy to each of the miners.

Code 1950, § 45-87; 1966, c. 594, § 45.1-31; 1984, c. 590; 1994, c. 28 , § 45.1-161.10; 1996, c. 774 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-834 — Virginia Code / Title 45.2 / Subtitle II / Part B / Chapter 8 / Article 4 / Section 45.2-834
Fan stoppage plan
Status: in_force

A fan stoppage plan shall be prepared for each mine. Such plan shall be subject to approval by the Chief or his designated representative. Failure to comply with any requirement set forth in the approved plan is a violation of this section. Each fan stoppage plan shall require the following:

1. When the main fan fails or stops, the power shall be cut off from the mine and miners shall be withdrawn from all face areas.

2. Miners shall be withdrawn from the underground areas if the ventilation is not restored within a reasonable time determined by the Chief, not to exceed 15 minutes. In determining such reasonable time period, the Chief shall consider, among other factors, the size and number of fans and the methane liberation rate of the mine.

3. If ventilation is restored within the time period established in the plan, each face area and any other area in which methane is likely to accumulate shall be examined by a certified person, and if all areas are found to be free of explosive or harmful gases, power may be restored and work resumed.

4. If ventilation is not restored within the time period established in the plan and the miners are evacuated from the mine, the main fan shall be operated for a period of time specified in the plan. Such period of time shall not be less than 15 minutes. Thereafter, the mine shall be examined by a certified person before any miner is permitted underground or any power circuit is energized.

Code 1950, § 45-60.1; 1954, c. 191; 1966, c. 594, § 45.1-54; 1978, c. 120; 1988, c. 597; 1993, c. 442; 1994, c. 28 , § 45.1-161.217; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-725 — Virginia Code / Title 45.2 / Subtitle II / Part B / Chapter 7 / Article 5 / Section 45.2-725
Explosives and blasting practices in shaft and slope operations
Status: in_force

A. Every blasting area in a shaft or slope operation shall be covered with mats or materials when the excavations are too shallow to retain the blasted material.

B. If explosives are in the shaft or slope when an electrical storm approaches, every miner shall be removed from the working place until the storm has passed.

1978, c. 729, § 45.1-53.1; 1994, c. 28 , § 45.1-161.132; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1115 — Virginia Code / Title 45.2 / Subtitle III / Part A / Chapter 11 / Article 3 / Section 45.2-1115
Examinations required for Mineral Mining Certifications
Status: in_force

A. The Department may require the examination of each applicant for certification. The Department shall require the examination of each applicant for a mine inspector certification. The Department may require such other information from an applicant as necessary to ascertain competency and qualifications for each task.

B. Except as provided by the Act for a general mineral miner or surface foreman certification, the Department shall prescribe the qualifications for each type of certification. The examinations shall be conducted under conditions and regulations that the Department establishes or adopts. Such established conditions and adopted regulations shall be made a part of the permanent record of the Department, published periodically, and applied uniformly to all applicants.

C. Any certificate issued by the Department, except the general mineral miner certificate, shall be valid from the date of issuance for a period of five years unless renewed or unless revoked pursuant to § 45.2-1120 . The general mineral miner certificate shall be valid from the date of issuance until it is revoked pursuant to § 45.2-1120 .

1997, c. 390 , § 45.1-161.292:20; 2012, cc. 803 , 835 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1109 — Virginia Code / Title 45.2 / Subtitle III / Part A / Chapter 11 / Article 2 / Section 45.2-1109
Appointment and general qualifications of mine inspectors
Status: in_force

A. Each mine inspector shall be appointed by the Director.

B. Each mine inspector shall hold a certificate as a mine inspector issued by the Department and possess appropriate qualifications as determined by the Director.

1997, c. 390 , §§ 45 .1-161.292:10, 45 .1-161.292:11; 2012, cc. 803 , 835 ; 2021, Sp. Sess. I, c. 387 ; 2025, cc. 390 , 405 .
Va. Code Ann. § 45.2-936 — Virginia Code / Title 45.2 / Subtitle II / Part C / Chapter 9 / Article 12 / Section 45.2-936
Highwall inspections
Status: in_force

A. A mine foreman shall inspect the face of each highwall for a distance of 25 feet in both directions from an auger or highwall miner operation (i) before any such operation begins and at least once during each coal producing shift and (ii) frequently during any period of heavy rainfall or intermittent freezing and thawing.

B. Hazardous conditions shall be corrected and loose material removed from above the mining area before any work is begun.

C. Records shall be kept of the inspection and examination performed pursuant to subsection A. Such records shall be maintained for at least one year.

1994, c. 28 , § 45.1-161.289; 2011, cc. 826 , 862 ; 2021, Sp. Sess. I, c. 387 .