Va. Code Ann. § 45.2-541 — Virginia Code / Title 45.2 / Subtitle II / Part A / Chapter 5 / Article 4 / Section 45.2-541
Discontinuance of the working of a mine; notices to Department; resumption of mining following discontinuance
Status: in_force

A. The operator or his agent shall send notice of his intent to discontinue the working of an underground coal mine for a period of 30 days or a surface mine for a period of 60 days to the Department at least 10 days prior to discontinuing the working of a mine with such intent or at any time a mine becomes an inactive mine. Unless examinations of the mine are being conducted during the period of discontinued use, all surface openings to the discontinued underground coal mine shall be secured against unauthorized entrance when the activities are discontinued for 30 days or longer. Danger signs shall be posted at each secured entrance.

B. The operator or his agent shall send to the Department 10 days' prior notice of intent to resume the working of an inactive mine. The production of coal at such mine shall not resume until a mine inspector has inspected and approved it for resumption of production activities.

C. Emergency actions necessary to preserve a mine may be undertaken without the prior notice of intent and advance inspection required by subsection B. In such event, a mine foreman shall examine a mine for hazardous conditions immediately before miners are permitted to work. The operator or his agent shall notify the Department as soon as possible after commencing emergency action necessary to preserve the mine.

D. The operator or his agent shall send to the Department 10 days' prior notice of any change in the name of a mine or in the name of the operator of a mine.

E. The operator or his agent shall send to the Department 10 days' prior notice of the opening of a new mine.

F. Any notice required by this section shall be in writing and shall include the name of the mine, the location of the mine, the name of the operator, and the operator's mailing address and email address.

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 , § 45.1-161.63; 1996, c. 774 ; 1997, c. 390 ; 1999, c. 256 ; 2005, c. 3 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1606 — Virginia Code / Title 45.2 / Subtitle IV / Chapter 16 / Article 1 / Section 45.2-1606
Confidentiality
Status: in_force

The Director shall hold confidential all logs, surveys, and reports relating to the drilling, completion, and testing of a well that are filed by a gas or oil operator under this chapter for a period of 90 days after the completion of the well or 18 months after the total depth of the well has been reached, whichever occurs first. Upon receipt of a gas, oil, or geophysical operator's written request, the Director shall hold confidential such information concerning an exploratory well or corehole for a period of two years after completion of the well or four years from the date such well or hole reaches total depth, whichever occurs first. The Director, for good cause shown by the gas, oil, or geophysical operator, may annually extend the period of time for which information regarding exploratory drilling is held confidential. However, the Director shall upon request provide a copy of any survey or log for strata through the lowest coal seam to the coal owner.

1990, c. 92, § 45.1-361.6; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-838 — Virginia Code / Title 45.2 / Subtitle II / Part B / Chapter 8 / Article 4 / Section 45.2-838
Coursing of air
Status: in_force

A. The main intake and return air currents of a drift or slope mine shall not be in a single partitioned opening.

B. Every entry driven in coal shall be in a set of two or more entries.

C. Every transformer station, battery-charging station, substation, rectifier, and water pump shall be housed in an incombustible structure or area or be equipped with an approved fire suppression system. Each such installation shall be ventilated with intake air that is coursed into a return air course or to the surface and that is not used to ventilate any working place. This requirement does not apply to any (i) rectifier, battery-charging station, or power center with transformers that are of the dry type or contain nonflammable liquid, if such rectifier, battery-charging station, or power center is located at or near the working section and is moved as the working section advances or retreats; (ii) submersible pump; (iii) permissible pump and associated permissible switch gear; (iv) pump located at or near the working section that is moved as the working section advances or retreats; or (v) small portable pump. Such equipment shall be installed and operated only in a well-ventilated location.

D. Any change in ventilation that materially affects the main air current or any split thereof shall be made when the mine is not in operation and there are no miners in the mine other than those engaged in changing the ventilation.

E. Each section in a mine shall be ventilated by a separate split of air.

F. Air used to ventilate a belt haulage entry shall not be used to ventilate any working place unless approved by the Chief.

Code 1950, §§ 45-60.4, 45-71; 1954, c. 191; 1966, c. 594, § 45.1-57; 1978, c. 120; 1994, c. 28 , § 45.1-161.221; 1996, c. 774 ; 1999, c. 256 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-717 — Virginia Code / Title 45.2 / Subtitle II / Part B / Chapter 7 / Article 4 / Section 45.2-717
Unsafe conditions
Status: in_force

A. No person shall work or travel under unsupported roof except to install temporary supports in accordance with the approved roof control plan. Any area inby the breaker line where second mining has been or is being conducted shall be considered unsupported.

B. If roof, face, or rib conditions are found to be unsafe, no person shall start any other work in the area where such conditions exist until the conditions have been corrected by taking down loose material or securely supporting the roof, face, or ribs pursuant to subsection B of § 45.2-715 .

C. A bar of proper length shall be used to pull down any loose material discovered.

Code 1950, §§ 45-61, 45-68.1, 45-68.3; 1954, c. 191; 1966, c. 594, §§ 45.1-41, 45.1-42; 1975, c. 520; 1976, c. 598; 1978, c. 118; 1980, c. 338; 1982, c. 234; 1988, c. 577; 1994, c. 28 , § 45.1-161.118; 1999, c. 256 ; 2005, c. 3 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-617 — Virginia Code / Title 45.2 / Subtitle II / Part A / Chapter 6 / Article 4 / Section 45.2-617
Definitions
Status: in_force

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

"Coal refuse" means waste material resulting from the mining and screening or processing of coal.

"Coal slurry" means waste water and impurities produced as the result of coal washing and preparation of coal for market, containing a combination of coal, shale, claystone, siltstone, sandstone, limestone, or related materials that are excavated, moved, and disposed of from underground workings.

"Mine refuse impoundment" means a mine refuse pile that retains water that has been used in carrying out any part of the process necessary in the production or preparation of coal.

"Mine refuse pile" means a pile of coarse or fine coal refuse that is a result of the mining or screening process that may be stacked, spread, or graded and covers 20 acre-feet or more.

"Operator" means any person who operates, controls, or supervises a retaining dam or a mine refuse impoundment.

"Retaining dam" means an artificial barrier or obstruction that is designed to impound water, coal slurry, or silt (i) to an elevation of five feet or more above the upstream toe of the structure and has a storage volume of 20 acre-feet or more or (ii) to an elevation of 20 feet or more measured at the open channel spillway or from the crest of the dam in a closed system, regardless of storage volume.

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

"Water" means liquid or slurry resulting from the processing of coal in mining operations.

2005, c. 3 , § 45.1-221.1; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-801 — Virginia Code / Title 45.2 / Subtitle II / Part B / Chapter 8 / Article 1 / Section 45.2-801
Shop and other equipment
Status: in_force

A. The following items of shop and other equipment shall be guarded and maintained adequately:

1. Any gear, sprocket, pulley, fan blade or propeller, or friction device or coupling that has a protruding bolt or nut;

2. Shafting or any projecting shaft end that is within seven feet of the floor or platform level;

3. Any belt, chain, or rope drive that is within seven feet of the floor or platform;

4. Any fly wheel. A fly wheel extending more than seven feet above the floor shall be guarded to a height of at least seven feet;

5. Any circular or band saw or planer;

6. Any repair pit, including when the pit is not in use;

7. Any counterweight; and

8. Any mine fan, including the approach to any mine fan.

B. No machinery shall be repaired or serviced while the machinery is in motion; however, this prohibition shall not apply where a safe remote device is used.

C. Any guard or safety device that has been removed from any machine shall be replaced before the machine is put in operation.

D. Each mechanically operated grinding wheel shall be equipped with (i) safety washers and tool rests; (ii) substantial retaining hoods, the hood opening of which shall not expose more than a 90-degree sector of the wheel; and (iii) eyeshields, unless goggles are worn by the miners. Each retaining hood shall include either a device to control and collect excess rock, metal, or dust particles or a device providing equivalent protection to the miner operating such machinery.

E. The operator or his agent shall develop procedures for examining for potential hazards, completing proper maintenance, and properly operating each type of centrifugal pump. Such procedures shall, at a minimum, address the manufacturer's recommendations for start-up and shutdown of the pump, proper actions to be taken when a pump is suspected of overheating, the safe location of start and stop switches, and actions to be taken when a sign of structural metal fatigue, such as a crack in the frame, a damaged cover mounting bracket, or a missing bolt or other component is detected. Every miner who repairs, maintains, or operates any type of centrifugal pump shall be trained in these procedures.

Code 1950, § 45-85.3; 1954, c. 191; 1966, c. 594, § 45.1-88; 1978, c. 118; 1994, c. 28 , § 45.1-161.124; 1999, c. 256 ; 2005, c. 3 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-914 — Virginia Code / Title 45.2 / Subtitle II / Part C / Chapter 9 / Article 5 / Section 45.2-914
Fire precautions
Status: in_force

A. An examination for fire shall be made after every blasting operation.

B. No person shall smoke or use an open flame within 25 feet of any location used to handle or store flammable or combustible liquids or where an arc or flame could cause a fire or explosion.

C. Any area surrounding a flammable liquid storage tank or electrical substation or transformer shall be kept free of combustible material for at least 25 feet in every direction. Each such storage tank, substation, or transformer shall be posted with readily visible fire hazard warning signs.

D. Any structure or area used for storage of flammable materials shall be constructed of fire resistant material; kept well-ventilated, clean, and orderly; and posted with readily visible fire hazard warning signs.

E. Every fuel line shall be equipped with a shut-off valve at its source. Each such valve shall be readily accessible and maintained in good operating condition.

F. Every battery charging area shall be well-ventilated and posted with warning signs prohibiting smoking or open flames within 25 feet.

G. Oil, grease, flammable hydraulic fluid, and other flammable materials shall be kept in closed metal containers and separated from other materials so as to not create a fire hazard.

H. Combustible materials, grease, lubricants, paints, and other flammable materials and liquids shall not be allowed to accumulate where they could create a fire hazard. Provision shall be made to prevent the accumulation of such material on any equipment, at any storage area, and at any location where the material is used.

I. Electric motors, switches, lighting fixtures, and controls shall be protected by dust-tight construction.

J. Precautions shall be taken to ensure that no spark or other hot material results in a fire when welding or cutting. No welding or cutting with an arc or flame shall be done in any excessively dusty atmosphere or location. Firefighting apparatus shall be readily available when welding or cutting is performed.

K. Precautions shall be taken before applying heat, cutting, or welding on any pipe or container that has contained a flammable or combustible material.

L. Every oxygen or acetylene bottle shall be (i) stored in a rack constructed and designated for the storage of such bottles with their caps in place and (ii) secured when not in use. Such bottles shall not be stored near oil, grease, or other flammable material.

M. Every oxygen and acetylene gauge and regulator shall be kept clean and free of oil, grease, and other combustible materials.

N. Every belt conveyor shall be equipped with a control switch to automatically stop the driving motor of the conveyor in the event that the belt is stopped by slipping on the driving pulley as a result of breakage or other accident.

O. The area surrounding every main fan installation or other mine opening shall be kept free from grass, weeds, underbrush, and other combustible materials for 25 feet in every direction.

P. Every internal combustion engine, except a diesel engine, shall be shut off prior to fueling.

Code 1950, § 45-85.9; 1954, c. 191; 1966, c. 594, § 45.1-39; 1978, c. 729; 1994, c. 28 , § 45.1-161.267; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-774 — Virginia Code / Title 45.2 / Subtitle II / Part B / Chapter 7 / Article 9 / Section 45.2-774
Electricity
Status: in_force

The provisions of Article 9 (§ 45.2-926 et seq.) of Chapter 9 shall apply with respect to any power line, circuit, transformer, or other electrical equipment at any surface area of an underground coal mine.

1994, c. 28 , § 45.1-161.246; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1135 — Virginia Code / Title 45.2 / Subtitle III / Part A / Chapter 11 / Article 5 / Section 45.2-1135
Mine rescue teams
Status: in_force

The Director may have trained and employed at the mine rescue and first aid stations operated by the Department within the Commonwealth the mine rescue teams that he determines necessary. Each member of a mine rescue team shall devote four hours each month for training purposes and shall be available at all times to assist in rescue work. Members shall receive compensation for services at a rate set by the Director, to be determined annually based on prevailing wage rates within the industry. For the purposes of workers' compensation coverage during training periods, such team members shall be deemed to be within the scope of their regular employment. The Director shall certify to the Comptroller of the Commonwealth that such team members have performed the required service. Upon such certification, the Comptroller shall issue a warrant upon the state treasury for their compensation. The Director may remove any team member at any time.

1997, c. 390 , § 45.1-161.292:41; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-723 — Virginia Code / Title 45.2 / Subtitle II / Part B / Chapter 7 / Article 5 / Section 45.2-723
Blasting cables
Status: in_force

Each blasting cable shall be:

1. Well insulated and as long as necessary to allow the shot firer to move to a safe place around a corner;

2. Short-circuited at the battery end until it is ready to attach to the blasting unit;

3. Staggered as to length, or shall have its ends kept well separated when attached to the detonator leg wires; and

4. Kept clear of power wires and all other possible sources of active or stray electric currents.

Code 1950, § 45-53.6; 1954, c. 191; 1966, c. 594, § 45.1-49; 1994, c. 28 , § 45.1-161.130; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-863 — Virginia Code / Title 45.2 / Subtitle II / Part B / Chapter 8 / Article 6 / Section 45.2-863
Certified emergency medical services providers
Status: in_force

A. At each mine, the mine operator shall station at least one person who is a working coal miner and who holds a valid certificate as an emergency medical services provider issued pursuant to § 32.1-111.5 so as to make such person available for duty during any time when miners are working at such mine. Such operator shall utilize enough such providers to assure that workers in any mine location can be reached by a provider within a reasonable time as determined by the Chief. Each provider shall have available to him at all times the necessary equipment, as specified by the Chief, for prompt response to emergencies. Telephone facilities or their equivalent shall be installed to provide two-way voice communication between such provider and medical personnel outside the mine.

B. If an insufficient number of qualified miners at a particular mine volunteer to serve as providers pursuant to this section, the operator may utilize the services of first aid trainees, in such numbers as the Chief determines to be appropriate.

1977, c. 679, § 45.1-101.1; 1978, c. 94; 1994, c. 28 , § 45.1-161.199; 2015, cc. 502 , 503 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1714 — Virginia Code / Title 45.2 / Subtitle V / Chapter 17 / Article 5 / Section 45.2-1714
Virginia Coastal Energy Research Consortium established; board of directors
Status: in_force

A. The Virginia Coastal Energy Research Consortium is hereby established to include Old Dominion University, the Virginia Institute of Marine Science of The College of William and Mary in Virginia, the Advanced Research Institute of Virginia Polytechnic Institute and State University, James Madison University, Norfolk State University, Virginia Commonwealth University, Hampton University, George Mason University, and the University of Virginia and is to be located at Old Dominion University.

B. The Consortium shall be governed by a board of directors (the Board), which shall consist of 16 voting members as follows: the Director or his designee, the Commissioner of Marine Resources or his designee, the President of the Virginia Manufacturers Association or his appointed member of the maritime manufacturing industry, the President of the Virginia Maritime Association or his appointed member of the maritime industry, the Director of the Advanced Research Institute of Virginia Polytechnic Institute and State University or his designee, the President of Old Dominion University or his designee, the Director of the Virginia Institute of Marine Science of The College of William and Mary in Virginia or his designee, the President of Norfolk State University or his designee, the President of James Madison University or his designee, the President of Virginia Commonwealth University or his designee, the President of the University of Virginia or his designee, the President of Hampton University or his designee, the President of George Mason University or his designee, the chairman of the Hampton Roads Technology Council or his appointed member of the technology community, the Director of the Hampton Roads Clean Cities Coalition or his appointed member of the renewable energy industry, and the Director of the Department of Environmental Quality or his designee as the lead agency for the Virginia Coastal Zone Management Program.

In addition, a representative of the National Aeronautics and Space Administration's Langley Research Center, to be selected by the Director of the Research Center, shall serve as a nonvoting ex officio member of the Board.

2006, c. 939 , §§ 67-600, 67-602; 2007, c. 904 ; 2009, c. 575 ; 2010, c. 695 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-851 — Virginia Code / Title 45.2 / Subtitle II / Part B / Chapter 8 / Article 4 / Section 45.2-851
Control of coal dust
Status: in_force

A. Coal dust shall not be permitted to accumulate excessively in any part of the active areas, including any active workings that are soon to be worked-out.

B. Where an underground mining operation creates or raises an excessive amount of coal dust into the air, any coal dust on the ribs, roof, or floor shall undergo an application of water or water with a wetting agent added to it or another effective method, approved by the Chief or his authorized representative, of controlling dust to reduce dispersibility and minimize the risk of explosion. Such application or method shall occur within 40 feet of any active workings or such other area as the Chief or his authorized representative requires.

Code 1950, § 45-77.1; 1954, c. 191; 1966, c. 594, § 45.1-66; 1994, c. 28 , § 45.1-161.234; 1996, c. 774 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-933 — Virginia Code / Title 45.2 / Subtitle II / Part C / Chapter 9 / Article 10 / Section 45.2-933
Minimum blasting practices
Status: in_force

A. If explosives are in use on the surface and an electrical storm approaches, all persons shall be removed from the blast area until the storm has passed.

B. In accordance with the standards set forth in § 45.2-902 , the Chief shall adopt regulations regarding the safe storage, transportation, handling, and use of blasting agents and other explosives.

Code 1950, §§ 45-53.1, 45-53.5; 1954, c. 191; 1966, c. 594, §§ 45.1-48, 45.1-53.1; 1978, c. 729; 1981, c. 179; 1984, c. 229; 1993, c. 442; 1994, c. 28 , § 45.1-161.286; 1996, c. 774 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-727 — Virginia Code / Title 45.2 / Subtitle II / Part B / Chapter 7 / Article 6 / Section 45.2-727
Separation of openings
Status: in_force

A. In a drift or slope mine, openings shall be separated by at least 50 feet of natural strata, unless specifically approved in the roof control plan. All connections between openings not used for the coursing of air, travel, or haulage shall be closed with stoppings of fireproof material.

B. In a shaft mine, openings shall be separated by at least 200 feet of natural strata.

Code 1950, § 45-71; 1954, c. 191; 1966, c. 594, § 45.1-94; 1994, c. 28 , § 45.1-161.163; 2005, c. 3 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-531 — Virginia Code / Title 45.2 / Subtitle II / Part A / Chapter 5 / Article 3 / Section 45.2-531
First-class mine foreman certification
Status: in_force

A. The operator of any coal mine where three or more persons work during any part of a 24-hour period shall employ a mine foreman. The operator shall employ as a mine foreman only a person holding a first-class mine foreman certificate. The holder of such 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. The holder of a first-class mine foreman certificate shall be authorized to act as foreman for any underground coal mine.

C. An applicant for a first-class mine foreman certificate shall be at least 23 years of age and shall have had at least five years of experience in a coal mine, at least three years of which shall have been in an underground coal mine. A graduate of an approved course in mining engineering at a baccalaureate institution of higher education shall be given credit for three of the five years of practical experience required. An applicant who possesses a degree in mining technology shall be given credit for two of the five years of practical experience required. If the applicant meets the above requirements, makes 85 percent or more on each of the subjects of the written examination, and passes required map and gas examinations, he shall be entitled to a first-class mine foreman certificate. The written examination shall address, among other relevant topics, the theory and practice of coal mining; the nature and properties of noxious, poisonous, and explosive gases and methods for their detection and control; the requirements of the coal mining laws of the Commonwealth, including regulations adopted by the Department or the Board of Coal Mining Examiners; and the responsibilities and duties of a mine foreman under state law.

D. Each candidate for certification as a first-class mine foreman shall complete the course or courses of instruction in first aid as provided in subsection A of § 45.2-579 and pass an examination relating thereto, approved by the Board of Coal Mining Examiners.

Code 1950, §§ 45-7, 45-12, 45-29, 45-30, 45-31, 45-33.1, 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, §§ 45.1-13 to 45.1-15, 45.1-21, 45.1-101.2; 1972, c. 784; 1974, c. 686; 1976, c. 598; 1977, c. 679; 1978, cc. 94, 222, 489, 729; 1982, c. 255; 1984, cc. 178, 590; 1988, c. 577; 1993, cc. 171, 442; 1994, c. 28 , § 45.1-161.38; 1997, c. 274 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-505 — Virginia Code / Title 45.2 / Subtitle II / Part A / Chapter 5 / Article 1 / Section 45.2-505
Prohibited acts by miners or other persons; miners to comply with law
Status: in_force

A. No miner or other person shall (i) knowingly damage any shaft, lamp, instrument, air course, or brattice or obstruct any airway; (ii) carry in a mine any intoxicating liquors or controlled drugs without the prescription of a licensed physician; (iii) disturb any part of the machinery or appliances in a mine; (iv) open a door used for directing ventilation and fail to close it again; (v) enter any part of a mine against caution or a warning sign or barricade; or (vi) disobey any order issued pursuant to the provisions of the Act.

B. Each miner at any mine shall comply fully with the provisions of the Act and other mining laws of the Commonwealth, including regulations adopted by the Department or the Board, that pertain to his duties.

C. Any individual shall, upon the order of the Chief, complete training that addresses the subject of any violation issued to the individual as a condition for abatement of the violation.

Code 1950, § 45-72; 1954, c. 191; 1966, c. 594, § 45.1-26; 1978, cc. 489, 729; 1994, c. 28 , § 45.1-161.12; 2005, c. 3 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-2104 — Virginia Code / Title 45.2 / Subtitle V / Chapter 21 / Article 2 / Section 45.2-2104
Board of the Authority
Status: in_force

A. The Authority shall be governed by a board of directors consisting of 17 members appointed as follows:

1. The Director or his designee;

2. The President and Chief Executive Officer of the Virginia Economic Development Partnership or his designee;

3. The Chancellor of the Virginia Community College System or his designee;

4. The President of Virginia Commonwealth University or his designee;

5. The President of the University of Virginia or his designee;

6. The President of Virginia Polytechnic Institute and State University or his designee;

7. The President of George Mason University or his designee;

8. Two individuals, each representing a single institution of higher education in the Commonwealth that is not already represented on the Board. At least one of the institutions shall be a private institution of higher education;

9. Six individuals, each representing a single business entity located in the Commonwealth that is engaged in activities directly related to the nuclear energy industry;

10. One individual representing a nuclear energy-related nonprofit organization; and

11. One individual representing a Commonwealth-based federal research laboratory.

B. The members of the Board described in subdivisions A 1 through 7 shall serve terms coincident with their terms of office.

C. The 10 members of the Board described in subdivisions A 8 through 11 shall be appointed by the Governor. After the initial staggering of terms, such members shall be appointed for terms of four years. Vacancies in the membership of the Board shall be filled in the same manner as the original appointments for the unexpired portion of the term. Members of the Board described in subdivisions A 8 through 11 may serve two successive terms on the Board.

D. Any appointment to fill a vacancy on the Board shall be made for the unexpired term of the member whose death, resignation, or removal created the vacancy.

E. Meetings of the Board shall be held at the call of the chairman or any seven members. Nine members of the Board constitute a quorum for the transaction of the business of the Authority. An act of the majority of the members of the Board present at any regular or special meeting at which a quorum is present is an act of the Board.

F. Immediately after appointment, the members of the Board shall enter upon the performance of their duties.

G. The Board shall annually elect from among its members a chairman, a vice-chairman, and a treasurer. The Board shall also elect annually a secretary, who need not be a member of the Board, and may also elect such other subordinate officers, who need not be members of the Board, as it deems proper. The chairman, or in his absence the vice-chairman, shall preside at each meeting of the Board. In the absence of both the chairman and vice-chairman, the Board shall appoint a chairman pro tempore who shall preside at such meeting.

H. Notwithstanding the provisions of any other law, no officer or employee of the Commonwealth shall be deemed to have forfeited or shall forfeit his office or employment by reason of acceptance of membership on the Board or by providing service to the Authority or to the Consortium.

I. On or before November 15 of each year, the Authority shall submit its updated strategic plan, an annual summary of its activities, and recommendations for the support and expansion of the nuclear energy industry in Virginia to the Governor and the Chairmen of the House Committee on Appropriations, the Senate Committee on Finance and Appropriations, the House Committee on Labor and Commerce, and the Senate Committee on Commerce and Labor.

2013, cc. 57 , 394 , § 67-1403; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1112 — Virginia Code / Title 45.2 / Subtitle III / Part A / Chapter 11 / Article 2 / Section 45.2-1112
Technical specialists
Status: in_force

The Director may appoint technical specialists in the areas of roof control, electricity, ventilation, and other mine specialties. Each technical specialist shall have all the qualifications of a mine inspector plus any specialized knowledge required in his field. A technical specialist shall advise the Director and mine operators in the areas of his specialty and shall have the power of an inspector to issue a closure order only in a case of imminent danger.

1997, c. 390 , § 45.1-161.292:14; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1726 — Virginia Code / Title 45.2 / Subtitle V / Chapter 17 / Article 8 / Section 45.2-1726
(Effective until January 1, 2027) Definitions
Status: in_force

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

"Advisory Council" means the Electric Vehicle Rebate Program Advisory Council.

"Base price" means the manufacturer's base price for the lowest price trim level of the model and shall not include charges for optional equipment, taxes, title, or registration fees.

"Dealer" means a motor vehicle dealer licensed pursuant to Chapter 15 (§ 46.2-1500 et seq.) of Title 46.2.

"Electric motor vehicle" means a two-axle motor vehicle with a base price of not more than $55,000 that uses electricity as its only source of motive power. "Electric motor vehicle" includes fuel cell electric vehicles.

"EPA" means the federal Environmental Protection Agency.

"Fund" means the Electric Vehicle Rebate Program Fund.

"Participating dealer" means a dealer who is participating in the Program.

"Program" means the Electric Vehicle Rebate Program established pursuant to this article.

"Purchase" means the purchase or lease of a new or used electric motor vehicle.

"Qualified resident of the Commonwealth" means a resident of the Commonwealth whose annual household income does not exceed 300 percent of the current poverty guidelines.

"Used electric motor vehicle" means a previously owned or leased electric motor vehicle that is more than two years old and not more than seven years old.

2021, Sp. Sess. I, c. 493 , § 67-1800.
Va. Code Ann. § 45.2-1915 — Virginia Code / Title 45.2 / Subtitle V / Chapter 19 / Article 3 / Section 45.2-1915
Powers and duties of the Board; report
Status: in_force

The Board has the powers and duties to:

1. Advise the Director on the management of the Fund pursuant to the provisions of § 45.2-1916 ;

2. Develop, establish, and operate, with the approval of the Director, the Program pursuant to the provisions of § 45.2-1917 ;

3. Advise the Director on the possibility of working with a community development financial institution or other financial institutions to further the purposes of the Program;

4. Advise the Director on the distribution of moneys in the Fund in the form of loans or rebates pursuant to the provisions of § 45.2-1917 ; and

5. Submit to the Governor and the General Assembly an annual report for publication as a report document as provided in the procedures of the Division of Legislative Automated Systems for the processing of legislative documents and reports. The chairman shall submit to the Governor and the General Assembly an annual executive summary of the interim activity and work of the Board no later than the first day of each regular session of the General Assembly. The executive summary shall be submitted for publication as a report document as provided in the procedures of the Division of Legislative Automated Systems for the processing of legislative documents and reports and shall be posted on the General Assembly's website.

2019, c. 554 , § 45.1-397; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1715 — Virginia Code / Title 45.2 / Subtitle V / Chapter 17 / Article 5 / Section 45.2-1715
Functions, powers, and duties of the Consortium
Status: in_force

The Consortium shall serve as an interdisciplinary study, research, and information resource for the Commonwealth on coastal energy issues. As used in this article, "coastal energy" includes wave or tidal action, currents, offshore winds, thermal differences, and methane hydrates. The Consortium shall (i) consult with the General Assembly, federal, state, and local agencies, nonprofit organizations, private industry, and other potential users of coastal energy research; (ii) establish and administer agreements with other baccalaureate institutions of higher education in the Commonwealth to carry out research projects relating to the feasibility of increasing the Commonwealth's reliance on all domestic forms of coastal energy; (iii) disseminate new information and research results; (iv) apply for grants made available pursuant to federal legislation, including the federal Methane Hydrate Research and Development Act of 2000, P.L. 106-193, and from other sources; and (v) facilitate the application and transfer of new coastal energy technologies.

2006, c. 939 , § 67-601; 2009, c. 575 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-101 — Virginia Code / Title 45.2 / Subtitle I / Chapter 1 / Article 1 / Section 45.2-101
Certified mail; subsequent mail or notices may be sent by regular mail
Status: in_force

Whenever in this title the Chief, the Director, or the Department is required to send any mail or notice by certified mail and such mail or notice is sent by certified mail, return receipt requested, then any subsequent, identical mail or notice that is sent by the Chief, the Director, or the Department may be sent by regular mail.

2011, c. 566 , § 45.1-161.1:1; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1701 — Virginia Code / Title 45.2 / Subtitle V / Chapter 17 / Article 1 / Section 45.2-1701
Division of Renewable Energy and Energy Efficiency established; powers and duties
Status: in_force

A. The Division of Renewable Energy and Energy Efficiency is established in the Department. The Director has the immediate authority to coordinate the development and implementation of energy policy in the Commonwealth.

B. The Division shall coordinate the energy-related activities of the various state agencies and advise the Governor on energy issues that arise at the local, state, and national levels. All state agencies and institutions shall cooperate fully with the Division to assist in the proper execution of the duties assigned by this section.

C. In addition, the Division is authorized to make and enter into all contracts and agreements necessary or incidental to the performance of its duties or the execution of its powers, including the implementation of energy information and conservation plans and programs.

D. The Division shall:

1. Consult with state agencies and institutions concerning energy-related activities or policies as needed for the proper execution of the duties assigned to the Division by this section;

2. Serve as the Commonwealth's liaison with appropriate agencies of the federal government concerning the activities of the federal government related to energy production, consumption, and transportation and energy resource management in general and identify and monitor any federal grant programs, loan programs, or other opportunities for federal funding to further the Commonwealth's energy efficiency goals;

3. Provide services to encourage efforts by and among businesses in the Commonwealth, industries, utilities, academic institutions, state and local governments, and private institutions to develop energy resources and energy conservation programs;

4. In consultation with the State Corporation Commission, the Department of Environmental Quality, and the Virginia Center for Coal and Energy Research, prepare the Virginia Energy Plan pursuant to § 45.2-1710 ; and

5. Observe the energy-related activities of state agencies and advise such agencies in order to encourage conformity with established energy policy.

1984, c. 590, § 45.1-390; 2006, c. 939 ; 2016, c. 518 ; 2021, Sp. Sess. I, cc. 387 , 532 ; 2024, c. 539 .
Va. Code Ann. § 45.2-900 — Virginia Code / Title 45.2 / Subtitle II / Part C / Chapter 9 / Article 1 / Section 45.2-900
Scope of chapter
Status: in_force

This chapter applies to the operation of any surface coal mine in the Commonwealth and supplements the provisions of Chapter 5 (§ 45.2-500 et seq.).

1994, c. 28 , § 45.1-161.253; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-740 — Virginia Code / Title 45.2 / Subtitle II / Part B / Chapter 7 / Article 7 / Section 45.2-740
Inspections of hoisting equipment
Status: in_force

A. Before hoisting or lowering any miner in a shaft, the hoisting engineer shall operate an empty cage up and down each shaft for at least one round trip, both at the beginning of each shift and after the hoist has been idle for one hour or more.

B. Before hoisting or lowering any miner by slope or surface incline hoisting, the hoisting engineer shall operate an empty cage for at least one round trip, both at the beginning of each shift and after the hoist has been idle for one hour or more.

C. The hoisting engineer, at the time the inspections required by subsection A or B are performed, shall (i) inspect all cable or rope fastenings on every cage, bucket, or slope car; (ii) inspect hammer locks and pins, thimbles, and clamps; (iii) inspect safety chains on every cage, bucket, or slope car; (iv) inspect each braking system for malfunctions; (v) clean all excess oil and extraneous materials from the hoist housing construction; (vi) inspect the overwind, overtravel, and lilly switch or control from stopping at the collar and within 100 feet of the work deck; and (vii) check communications between the top house, work deck, and work deck tugger house.

D. The hoisting engineer shall inspect the hoisting rope on every cage or trip at the beginning of each shift.

E. A test of safety catches on every cage shall be made by an authorized person designated by the operator at least once each month. A written record shall be kept of such tests, and such record shall be available for inspection by interested persons.

F. An authorized person designated by the operator shall inspect daily the hoisting equipment, including the headgear, cages, ropes, connections, links and chains, shaft guides, shaft walls, and other facilities. Such person shall also inspect every bull wheel and lighting system on the head frame. Such person shall report immediately to the operator or his agent any defect found, and all such defects shall be corrected promptly. The person making such examination shall make a daily permanent record of such inspection, which shall be available for inspection by interested persons. If a hoist is used only during a weekly examination of an escapeway, then the inspection required by this subsection shall only be required to be completed weekly before the examination occurs.

G. Subsections A, B, C, and D shall not apply to automatically operated elevators.

Code 1950, § 45-68.4; 1954, c. 191; 1966, c. 594, §§ 45.1-68, 45.1-69; 1972, c. 784; 1978, c. 729; 1994, c. 28 , § 45.1-161.158; 1999, c. 256 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-549 — Virginia Code / Title 45.2 / Subtitle II / Part A / Chapter 5 / Article 5 / Section 45.2-549
Team members to be 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 operator at the rate established in the area for such work. In no event shall the 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 operator of the mine for the purpose of workers' compensation coverage.

1975, c. 432, § 45.1-33.4; 1994, c. 28 , § 45.1-161.71; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1014 — Virginia Code / Title 45.2 / Subtitle II / Part C / Chapter 10 / Article 2 / Section 45.2-1014
Public participation in process of issuing or revising permits
Status: in_force

A. The Director shall establish by regulation procedures for the notification of and participation by the public and appropriate federal, state, and local governmental authorities in the process for issuing or revising coal surface mining permits, in accordance with § 513 of the federal act.

B. Any person having an interest that is or might be adversely affected, or the officer or head of any federal, state, or local governmental agency or authority, has the right to file written objections to the proposed initial or revised application for a permit for a coal surface mining operation with the Director within 30 days after the last publication of the applicant's notice required by the regulation adopted pursuant to subsection A. If no written objection is filed and an informal hearing is requested, the Director shall then hold an informal hearing in the manner and location prescribed by regulation, unless every party requesting the informal hearing stipulates agreement prior to the requested informal hearing and withdraws such request therefor.

1979, c. 290, § 45.1-239; 1984, c. 590; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1645 — Virginia Code / Title 45.2 / Subtitle IV / Chapter 16 / Article 4 / Section 45.2-1645
Chesapeake Bay; drilling for gas or oil prohibited
Status: in_force

Notwithstanding any other law, no person shall drill for gas or oil in the waters of the Chesapeake Bay or any of its tributaries. The provisions of this subsection shall be enforced consistent with the requirements of this chapter.

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, c. 387 .
Va. Code Ann. § 45.2-1620 — Virginia Code / Title 45.2 / Subtitle IV / Chapter 16 / Article 2 / Section 45.2-1620
Pooling of interests in drilling units
Status: in_force

A. The Board, upon application from any gas or oil owner, shall enter an order pooling all interests in a drilling unit for the development and operation thereof when:

1. Two or more separately owned tracts are embraced in a drilling unit;

2. There are separately owned interests in all or part of any such drilling unit and those owners having interests have not agreed to pool their interests; or

3. There are separately owned tracts embraced within the minimum statewide spacing requirements prescribed in § 45.2-1616 .

However, no pooling order shall be entered until the notice and hearing requirements of this article have been satisfied.

B. Subject to any contrary provision contained in a gas or oil lease regarding the property, gas or oil operations incident to the drilling of a well on any portion of a unit covered by a pooling order shall be deemed to be the conduct of such operations on each tract in the unit. The portion of production allocated to any tract covered by a pooling order shall be in the same proportion as the acreage of that tract bears to the total acreage of the unit.

C. Every pooling order entered by the Board pursuant to the provisions of this section shall:

1. Authorize the drilling and operation of a well, including the stimulation of all coal seams in the case of a coalbed methane well when authorized pursuant to clause (iii) of subdivision F 2 b of § 45.2-1631 , subject to the permit provisions contained in Article 3 (§ 45.2-1629 et seq.);

2. Include the time and date when such order expires;

3. Designate the gas or oil owner who is authorized to drill and operate the well. Except in the case of a coalbed methane gas well, such designated operator shall possess the right to conduct operations or possess the written consent of owners with the right to conduct operations on at least 25 percent of the acreage included in the unit;

4. Prescribe the conditions under which a gas or oil owner may become a participating operator or exercise a right of election under subdivision 7;

5. Establish the sharing of all reasonable costs, including a reasonable supervision fee, between participating operators so that each participating operator pays the same percentage of such costs as his acreage bears to the total unit acreage;

6. Require that any nonleasing gas or oil owner be provided with reasonable access to unit records submitted to the Director or Inspector;

7. Establish a procedure for a gas or oil owner who received notice of the hearing but does not decide to become a participating operator to elect to (i) sell or lease his gas or oil ownership to a participating operator, (ii) enter into a voluntary agreement to share in the operation of the well at a rate of payment mutually agreed to by the gas or oil owner and the gas or oil operator authorized to drill the well, or (iii) share in the operation of the well as a nonparticipating operator on a carried basis after the proceeds allocable to his share equal the following:

a. In the case of a leased tract, 300 percent of the share of such costs allocable to his interest; or

b. In the case of an unleased tract, 200 percent of the share of such costs allocable to his interest.

D. Any gas or oil owner whose identity and location remain unknown at the conclusion of a hearing concerning the establishment of a pooling order for which public notice was given shall be deemed to have elected to lease his interest to the gas or oil operator at a rate to be established by the Board. The Board shall cause to be established an escrow account into which the unknown lessor's share of proceeds shall be paid and held for his benefit. Such escrowed proceeds shall be deemed to be unclaimed property and shall be disposed of pursuant to the provisions of the Virginia Disposition of Unclaimed Property Act (§ 55.1-2500 et seq.). Upon discovery of the identity and location of any unknown owner of an interest that is subject to escrow under the provisions of this subsection and is not subject to conflicting claims of ownership, the designated operator shall, within 30 days, file with the Board a petition for disbursement of funds to be considered at the next available hearing. The petition shall include a detailed accounting of all funds deposited in escrow that are subject to the proposed disbursement.

E. Any person who does not make an election under the pooling order shall be deemed to have leased his gas or oil interest to the gas or oil well operator as the pooling order provides.

F. If a gas or oil owner is a person under a disability, the applicant for a pooling order may petition the appropriate circuit court to appoint a guardian ad litem pursuant to the provisions of § 8.01-261 for purposes of making the election provided for by this section.

G. Any royalty or overriding royalty reserved in any lease that is deducted from a nonparticipating operator's share of production shall not be subject to charges for operating costs but shall be separately calculated and paid to the royalty owner.

H. The Board shall resolve all disputes arising among gas or oil operators regarding the amount and reasonableness of well operation costs. The Board shall, by regulation, establish allowable types of costs that may be shared in pooled gas or oil operations.

1982, c. 347, § 45.1-302; 1987, c. 452; 1989, c. 529; 1990, c. 92, § 45.1-361.21; 1995, c. 269 ; 1996, c. 854 ; 2006, c. 498 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-846 — Virginia Code / Title 45.2 / Subtitle II / Part B / Chapter 8 / Article 4 / Section 45.2-846
Air quality
Status: in_force

A. All active workings shall be ventilated by a current of air containing at least 19.5 percent by volume of oxygen and no harmful amount of any noxious or poisonous gas.

B. The volume and velocity of the current of air in all active workings shall be sufficient to dilute, render harmless, and carry away flammable, explosive, noxious, and harmful gases, dust, smoke, and explosive fumes.

Code 1950, § 45-60.3; 1954, c. 191; 1966, c. 594, § 45.1-63; 1968, c. 310; 1993, c. 442; 1994, c. 28 , § 45.1-161.229; 1996, c. 774 ; 2005, c. 3 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1805 — Virginia Code / Title 45.2 / Subtitle V / Chapter 18 / Article 2 / Section 45.2-1805
Membership; terms; vacancies; expenses
Status: in_force

A. The Authority shall be composed of nine nonlegislative citizen members appointed by the Governor, one of whom shall be a representative of the Virginia Commercial Space Flight Authority as established in § 2.2-2202 . In addition, one ex officio member without voting privileges shall be selected by the Governor after consideration of the persons nominated by the U.S. Secretary of the Navy. With the exception of the representative of the Virginia Commercial Space Flight Authority, all members of the Authority shall be citizens of the Commonwealth.

B. Except as otherwise provided in this article, all appointments shall be for terms of four years each. No member shall be eligible to serve more than two successive four-year terms. After expiration of an initial term of three years or less, two additional four-year terms may be served by such member if appointed thereto. Appointments to fill vacancies, other than by expiration of a term, shall be made for the unexpired terms. Any appointment to fill a vacancy shall be made in the same manner as the original appointment. The remainder of any term to which a member is appointed to fill a vacancy shall not constitute a term in determining the member's eligibility for reappointment.

C. The Authority shall appoint from its membership a chairman and a vice-chairman, each of whom shall serve in such capacity at the pleasure of the Authority. The chairman, or in his absence the vice-chairman, shall preside at each meeting of the Authority. The meetings of the Authority shall be held on the call of the chairman or whenever a majority of the members so request. A majority of members of the Authority serving at any one time shall constitute a quorum for the transaction of business.

D. Members shall serve without compensation. However, all members may 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 . Such expenses shall be paid from such funds as may be appropriated to the Authority by the General Assembly.

E. Members of the Authority shall be subject to the standards of conduct set forth in the State and Local Government Conflict of Interests Act (§ 2.2-3100 et seq.) and may be removed from office for misfeasance, malfeasance, nonfeasance, neglect of duty, or misconduct in the manner set forth therein.

F. Except as otherwise provided in this article, members of the Authority shall be subject to the provisions of the Virginia Freedom of Information Act (§ 2.2-3700 et seq.).

2010, cc. 507 , 681 , § 67-1202; 2011, c. 17 ; 2012, c. 502 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1017 — Virginia Code / Title 45.2 / Subtitle II / Part C / Chapter 10 / Article 2 / Section 45.2-1017
Performance standards
Status: in_force

A. The Director shall by regulation establish performance standards that meet the requirement of § 515 of the federal act, are consistent with regulations adopted thereunder by the Secretary, and are applicable to all coal surface mining and reclamation operations except as otherwise provided in this chapter.

B. Any permit issued pursuant to this chapter to conduct a coal surface mining operation shall require that such operation meets all applicable performance standards established by the Director.

C. The Director shall include in such regulations special procedures and standards, consistent with regulations adopted by the Secretary, for the issuance of permits for mountaintop removal operations, without regard to requirements to restore to approximate original contour, and for variances from such requirements for steep-slope operations.

D. The Director may adopt, with the approval of the Secretary, alternative performance standards and procedures for administering and enforcing the program created pursuant to this chapter.

E. The Director, with the approval of the Secretary, may authorize departures on an experimental basis from the environmental protection performance standards adopted under this section and § 45.2-1018 .

1979, c. 290, § 45.1-242; 1984, c. 590; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1103 — Virginia Code / Title 45.2 / Subtitle III / Part A / Chapter 11 / Article 1 / Section 45.2-1103
Special safety rules
Status: in_force

The operator of a mine may adopt special safety rules for the safety and operation of his mine regarding the work pertaining thereto inside and outside of the mine. Such rules, however, shall not conflict with the provisions of the Act. Such rules, if established, shall be posted at some conspicuous place about the mine where they may be seen by all miners subject to such rules. In lieu of posting the rules, the operator may furnish a printed copy of such rules to each miner subject to such rules.

1997, c. 390 , § 45.1-161.292:4; 1998, c. 695 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-521 — Virginia Code / Title 45.2 / Subtitle II / Part A / Chapter 5 / Article 3 / Section 45.2-521
Examinations required for Coal Mining Certifications
Status: in_force

A. The Board of Coal Mining Examiners may require the examination of an applicant for certification; however, the Board shall require the examination of an applicant for the mine inspector certification. The Board may require other information from each applicant as necessary to ascertain competency and qualifications for each task. Except as specifically provided by the Act, the Board shall prescribe the qualifications for any certification. The examinations shall be conducted under regulations that the Board shall adopt. Such regulations, when adopted, shall (i) be made a part of the permanent record of the Board, (ii) be periodically published, and (iii) be of uniform application to all applicants.

B. Any certificate issued by the Board shall be valid from the date of issuance unless and until it has been suspended pursuant to § 45.2-527 or revoked by the Board pursuant to § 45.2-528 .

Code 1950, §§ 45-23, 45-28; 1954, c. 191; 1966, c. 594, § 45.1-12; 1972, c. 784; 1978, c. 729; 1980, c. 442; 1984, c. 237; 1994, c. 28 , § 45.1-161.29; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-766 — Virginia Code / Title 45.2 / Subtitle II / Part B / Chapter 7 / Article 9 / Section 45.2-766
Flammable or combustible materials
Status: in_force

A. Oil, grease, and any similar flammable or combustible material shall be kept in a closed container, separate from other materials, so as to prevent any fire hazard to nearby buildings or mines. If oil, grease, or any similar flammable material is stored in a building, the building or room in which it is stored shall be of fireproof construction and well-ventilated.

B. Any oily rag, oily waste, or wastepaper shall be kept in a closed metal container until removed for disposal.

C. The area within 100 feet of each mine opening shall be kept free of flammable or combustible material; however, this provision shall not apply to the temporary storage of not more than a one-day's supply of such material.

D. Every oxygen or acetylene bottle shall be (i) secured when not in use and (ii) stored with its cap in place in a rack constructed and designated for the storage of such bottles. Smoking shall be prohibited in any place where such materials are stored. Signs indicating that smoking is prohibited in the area shall be posted.

Code 1950, § 45-85.9; 1954, c. 191; 1966, c. 594, § 45.1-39; 1978, c. 729; 1994, c. 28 , § 45.1-161.238; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-720 — Virginia Code / Title 45.2 / Subtitle II / Part B / Chapter 7 / Article 5 / Section 45.2-720
Underground transportation of explosives and detonators
Status: in_force

A. Any explosives or detonators carried anywhere underground by any miner shall be in individual containers. Such containers shall be constructed substantially of nonconductive material, maintained in good condition, and kept closed.

B. Any explosives or detonators transported underground in a car that is moved by means of a locomotive or rope, or in a shuttle car, shall be in a substantially covered car or in a special substantially covered container used specifically for transporting explosives or detonators and only under the following conditions:

1. The body and cover of each such car and each such container shall be constructed or lined with nonconductive material;

2. If explosives and detonators are hauled in the same special explosives car or in the same special container, they shall be separated by a substantially fastened hardwood partition at least four inches thick or the equivalent barrier;

3. No explosives, detonators, or other blasting devices shall be transported on the same trip with any miner;

4. If explosives or detonators are transported in a special explosives car or a container in a car, they shall be hauled in a trip specifically for this purpose and not connected to any other trip; however, this provision shall not prohibit the use of such additional cars as needed to lower a rope trip or to haul supplies, including timbers. No materials so transported shall project above the top of the car. In no case shall flammable materials such as oil or grease be hauled on the same trip with explosives; and

5. No explosives or detonators shall be hauled into or out of a mine within five minutes preceding or following a mantrip or any other trip. If traveling against the air current, the mantrip shall precede the explosives trip; if traveling with the air current, the mantrip shall follow the explosives trip.

C. In a low coal seam where it is impractical to comply with the provisions of subsection B, explosives may be transported in the original and unopened case, or in suitable individual containers, to the underground distribution magazine.

D. Explosives and detonators shall be transported underground by belt under the following conditions only:

1. Each shall be transported in the original and unopened case, in a special closed case constructed of nonconductive material, or in a suitable individual container;

2. Clearance requirements shall be the same as those for transporting miners on belts;

3. Suitable loading and unloading stations with stop controls shall be provided; and

4. An authorized person shall supervise the loading and unloading of explosives or detonators.

E. No explosives or detonators shall be transported on a flight or shaking conveyor, scraper, mechanical loading machine, locomotive, cutting machine, or drill truck or on any self-propelled mobile equipment; however, this provision shall not prohibit the transportation of explosives or detonators in special closed containers in a shuttle car or in equipment designed specifically to transport such explosives or detonators.

Code 1950, § 45-53.3; 1954, c. 191; 1966, c. 594, § 45.1-46; 1994, c. 28 , § 45.1-161.127; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-910 — Virginia Code / Title 45.2 / Subtitle II / Part C / Chapter 9 / Article 4 / Section 45.2-910
First aid training
Status: in_force

A. Each surface foreman shall complete and pass a first aid course of study as prescribed by the Chief. The Chief may utilize the Department's educational and training facilities in the conduct of such training programs and may require the cooperation of mine operators in making such programs available to their employees.

B. Each operator of a surface coal mine shall make first aid training, including refresher training, available upon request to every miner employed at such mine.

1977, c. 679, § 45.1-101.2; 1978, c. 94; 1984, c. 590; 1994, c. 28 , § 45.1-161.263; 1999, c. 256 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-522 — Virginia Code / Title 45.2 / Subtitle II / Part A / Chapter 5 / Article 3 / Section 45.2-522
Performance of certain tasks by uncertified persons; penalty
Status: in_force

It is unlawful for any person to perform any task requiring certification by the Board of Coal Mining Examiners unless he has been certified. It is also unlawful for an operator or his agent to permit any uncertified person to perform such task. A violation of this section constitutes a Class 1 misdemeanor. Each day of operation without a required certification constitutes a separate offense.

1972, c. 784, § 45.1-12.1; 1994, c. 28 , § 45.1-161.30; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-2117 — Virginia Code / Title 45.2 / Subtitle V / Chapter 21 / Article 3 / Section 45.2-2117
State and local authority
Status: in_force

Nothing in this article shall be construed to alter the authority of any state or local governing body, including any authority conferred under Chapter 22 (§ 15.2-2200 et seq.) of Title 15.2, relating to any matter that is the subject of this article.

1982, c. 269, § 45.1-284; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-106 — Virginia Code / Title 45.2 / Subtitle I / Chapter 1 / Article 1 / Section 45.2-106
Department to serve as lead agency for inspections undertaken subsequent to the issuance of a permit
Status: in_force

Following the issuance of any permit under Chapter 10 (§ 45.2-1000 et seq.) or 12 (§ 45.2-1200 et seq.), the Department shall serve as the lead agency for enforcement of the provisions of the permit. Any other agency that has reviewed and approved, or not disapproved, a permit application prior to its approval by the Director shall contact the Director or his designee prior to making any routine inspection. The Director or his designee shall then contact the permittee, if prior contact is to be made, to schedule the inspection and shall accompany any employee of any agency other than the Department during any inspection by such other agency. However, nothing in this section shall apply in the event of a blackwater discharge, a failure of a waste treatment facility, or any situation that in the judgment of the State Water Control Board requires an inspection on an emergency or expedited basis.

1984, c. 188, § 45.1-1.9; 1994, c. 28 , § 45.1-161.6; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1502 — Virginia Code / Title 45.2 / Subtitle III / Part C / Chapter 15 / Section 45.2-1502
Standards for regulations
Status: in_force

In adopting regulations pursuant to § 45.2-1501 , the Director shall consider:

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

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

3. The federal mine safety law;

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

5. Any other criteria necessary to ensure the safety and health of miners and other persons or property likely to be endangered by any surface mineral mine or related operation.

1994, c. 28 , § 45.1-161.306; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-934 — Virginia Code / Title 45.2 / Subtitle II / Part C / Chapter 9 / Article 11 / Section 45.2-934
Ground control
Status: in_force

A. Every surface coal mining operation shall establish and follow a ground control plan approved by the Chief to ensure the safety of workers and others affected by the operation. The ground control plan shall be consistent with prudent engineering design. Mining methods, including benching, shall ensure wall and bank stability in order to obtain a safe overall slope. The ground control plan shall also ensure the safety of every person who is (i) located in a residence or other occupied building; (ii) working or traveling on any roadway; or (iii) located in any other area where persons congregate, work, or travel that could be affected by blasting or by the falling, sliding, or other uncontrolled movement of material. The ground control plan shall identify how residents or occupants of other buildings located down the slope from active workings will be notified when ground-disturbing activities will take place above them and what actions will be taken to protect such residents or occupants from ground control failures during the work.

B. Scaling and removal of loose hazardous material from the top of a pit or from a highwall, wall, bank, or bench shall be completed to ensure a safe work area.

C. Employees and other persons, except those involved in correction of the condition, shall be restricted from any area where hazardous highwall or pit conditions exist.

D. Unless he is required for the purpose of making repairs, no person shall be allowed in any area that is located between equipment and a highwall, wall, bank, or bench if the equipment could hinder escape from falling or sliding material. Special precautions shall be taken when any person is required to perform such repairs.

1994, c. 28 , § 45.1-161.287; 2005, c. 3 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1166 — Virginia Code / Title 45.2 / Subtitle III / Part A / Chapter 11 / Article 9 / Section 45.2-1166
Mineral mining safety training
Status: in_force

The Director may implement a program of voluntary safety talks for mineral miners. Safety training may include topical training and talks conducted by inspectors or other Department personnel either on site or in a classroom provided for such purpose.

1997, c. 390 , § 45.1-161.292:72; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-107 — Virginia Code / Title 45.2 / Subtitle I / Chapter 1 / Article 2 / Section 45.2-107
Division of Geology and Mineral Resources; State Geologist
Status: in_force

There is established in the Department a Division of Geology and Mineral Resources. The Director shall appoint a geologist of established reputation as the Commissioner of Mineral Resources and State Geologist to serve as chief executive and head officer of the Division. As used in this article, unless the context requires a different meaning, "Division" means the Division of Geology and Mineral Resources.

1984, c. 590, § 45.1-383; 2008, c. 369 ; 2021, Sp. Sess. I, cc. 387 , 532 .
Va. Code Ann. § 45.2-607 — Virginia Code / Title 45.2 / Subtitle II / Part A / Chapter 6 / Article 2 / Section 45.2-607
Production of coal by majority interest owner; petition to establish trust for known coal owners
Status: in_force

A. Any coal owner or lessee who (i) has at least a two-thirds interest in the coal on a particular tract of land and (ii) seeks to extract such coal may petition the circuit court in the county or city containing the majority of the tract of coal to establish a trust for known coal owners and lessees.

B. The petition shall:

1. Describe the particular tract of coal at issue;

2. List all known owners of interests in the tract of coal; and

3. Include the proposed terms of a lease to be offered to each minority owner. Such lease shall be typical of other arm's-length leases in the area.

C. The petitioner shall establish to the satisfaction of the court that a diligent effort has been made to obtain the consent of each minority owner to lease his interest in the coal. The petitioner shall demonstrate to the court that (i) the production of the coal by the petitioner's lessee is of economic benefit to all parties; (ii) if the coal is not produced, the economic value of the coal is lost and the economic benefit of owning the coal is decreased; and (iii) there is no practical method for dividing such coal among the owners without extracting the coal.

D. Immediately upon filing the petition, the petitioner shall send by registered or certified mail, with a return receipt requested, notice of the petition to the party subject to the petition.

E. The court may appoint a trustee and authorize the trustee to execute a lease pursuant to § 45.2-604 .

F. The court shall escrow or direct the trustee to escrow the proceeds of the lease attributable to each of the minority interests until such minority owner's claim is established to the satisfaction of the court.

2003, c. 775 , § 45.1-161.311:8; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1628 — Virginia Code / Title 45.2 / Subtitle IV / Chapter 16 / Article 2 / Section 45.2-1628
Recording of orders
Status: in_force

The Inspector shall cause a true copy of any order entered by the Board that establishes a drilling unit or pools any interests to be recorded in the office of the clerk of the circuit court of each locality wherein any portion of the relevant drilling unit is located. Such order shall be recorded in the record book in which gas or oil leases are normally recorded. The sole charge for recordation shall be a tax equal to $10 plus $1 per page of the order. From the time noted on the recordation by the clerk, the recordation shall be notice of the order to all persons.

1982, c. 347, § 45.1-308; 1990, c. 92, § 45.1-361.25; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1812 — Virginia Code / Title 45.2 / Subtitle V / Chapter 18 / Article 2 / Section 45.2-1812
Public-private partnerships
Status: in_force

A. The Authority may establish public-private partnerships with developers pursuant to the Public-Private Education Facilities and Infrastructure Act of 2002 (§ 56-575.1 et seq.) for purposes set forth in this section.

B. The Authority may establish a public-private partnership for the installation and operation of wind resource and other metocean equipment, including light detection and ranging equipment, meteorological measurement towers, and data collection platforms. Any partnership established pursuant to this subsection shall stipulate that:

1. The Authority and the developer shall share the costs of the upgrade;

2. The developer, in coordination with the Authority and relevant state and federal agencies, shall operate any meteorological measurement towers and data collection platforms; and

3. The developer shall make all collected data available to the Authority.

C. The Authority may establish a public-private partnership for the collection of avian and marine environmental data. Any partnership established pursuant to this subsection shall stipulate that:

1. The Authority and the developer shall share the costs of data collection;

2. The developer, in coordination with the Authority and relevant state and federal agencies, shall manage the environmental data collection process; and

3. The developer shall make all collected data available to the Authority.

D. The Authority may make any data collected pursuant to subsection B or C available to the public.

E. The Authority may establish a public-private partnership for the upgrade of port facilities and other logistical equipment and sites to accommodate the manufacturing and assembly of offshore wind energy project components and vessels that will support the construction and operations of offshore wind energy projects. Any partnership established pursuant to this subsection shall stipulate that the Authority and the entities shall share the costs of the upgrade.

2010, cc. 507 , 681 , §§ 67-1203, 67-1204; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1033 — Virginia Code / Title 45.2 / Subtitle II / Part C / Chapter 10 / Article 4 / Section 45.2-1033
Operator may perform reclamation; bidding; conditions; adjustment of required bonds; regulations
Status: in_force

A. Notwithstanding any licensing requirement under Title 54.1, an operator is eligible to bid on contracts to conduct reclamation projects under the State Reclamation Program and the Coal Surface Mining Reclamation Fund in accordance with this article and Article 5 (§ 45.2-1043 et seq.) if the Director finds that the following conditions have been met: (i) the operator has had at least three years of relevant mining experience in the Commonwealth pursuant to this chapter and (ii) the operator meets all other applicable requirements of federal, state, and local law.

B. Notwithstanding the provisions of Title 11 (§ 11-1 et seq.), the Director may adjust the amounts of required bid or performance bonds for such contracts upon a finding that such amounts are sufficient to protect the public interest.

C. The Director shall adopt regulations to implement this section.

1983, c. 77, § 45.1-261.1; 1984, c. 590; 1991, c. 495; 2013, cc. 47 , 129 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1400 — Virginia Code / Title 45.2 / Subtitle III / Part B / Chapter 14 / Section 45.2-1400
Scope of chapter
Status: in_force

This chapter is applicable to the operation of any underground mineral mine in the Commonwealth and shall supplement the provisions of Chapter 11 (§ 45.2-1100 et seq.).

1994, c. 28 , § 45.1-161.293; 1997, c. 390 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-822 — Virginia Code / Title 45.2 / Subtitle II / Part B / Chapter 8 / Article 3 / Section 45.2-822
Fire prevention in transportation of mining equipment
Status: in_force

A. Prior to moving or transporting any piece of off-track mining equipment in any area of the active workings where energized trolley wires or trolley feeder wires are present, (i) the piece of equipment shall be examined by a certified person to ensure that accumulations of coal dust, float coal dust, loose coal, oil, grease, and other combustible materials have been removed from such piece of equipment and (ii) a qualified person shall examine the trolley wires, trolley feeder wires, and the associated automatic circuit interrupting devices to ensure that proper short circuit protection exists.

B. A record shall be kept of the examinations required pursuant to subsection A and shall be made available, upon request, to the Chief or his authorized representative.

C. Off-track mining equipment shall not be moved or transported in any area of the active workings where energized trolley wires or trolley feeder wires are present unless under the direct supervision of a certified person who is physically present at all times during the moving or transporting of such equipment.

D. The frame of any unit of off-track mining equipment that is being moved or transported shall be covered on the top and on the trolley wire side with fire-resistant material.

E. Electrical contact shall be maintained between the mine track and the frame of any piece of off-track mining equipment that is being moved in a track and trolley entry. However, rubber-tired equipment need not be grounded to a transporting vehicle if no metal part of such rubber-tired equipment can come into contact with the transporting vehicle.

F. To avoid accidental contact with power lines, the equipment being transported or trammed shall be insulated or, if necessary, the assemblage shall be removed if the clearance to the power lines is six inches or less.

G. Sufficient prior notice shall be given to the Department so that a mine inspector, if he deems it necessary, can travel the route of the move before the actual move is made.

H. A minimum vertical clearance of one foot shall be maintained between the farthest projection of the piece of equipment that is being moved and the energized trolley wires or trolley feeder wires at all times during the movement or transportation of such equipment. If the height of the coal seam does not permit one foot of vertical clearance to be so maintained, the following additional precautions shall be taken:

1. Electric power shall be supplied to the trolley wires or trolley feeder wires only from outby the piece of equipment being moved or transported. Where direct current electric power is used and such electric power can be supplied only from inby the equipment being moved or transported, such power may be supplied from inby such equipment if a miner who has the means to cut off the power is in direct communication with the persons actually engaged in the moving or transporting operation and is stationed outby the equipment being moved;

2. The settings of automatic circuit interrupting devices used to provide short circuit protection for the trolley circuit shall be reduced to not more than one-half of the maximum current that could flow if the equipment being moved or transported were to come into contact with the trolley wire or trolley feeder wire;

3. At all times when the piece of equipment is being moved or transported, a miner shall be stationed at the first automatic circuit breaker outby the equipment being moved. Such miner shall be (i) in direct communication with the persons actually engaged in the moving or transporting operation and (ii) capable of communicating with the authorized person on the surface who is required to be on duty;

4. Where trolley phones are utilized to satisfy the requirements of subdivision 3, telephones or other equivalent two-way communication devices that can readily be connected with the mine communication system shall be carried by (i) the miner who is stationed at the first automatic circuit breaker outby the equipment being moved and (ii) by a miner who is actually engaged in the moving or transporting operation; and

5. No person shall be permitted to be inby the piece of equipment being moved or transported, or in the ventilating current of air that is passing over such equipment, except a person who is directly engaged in moving such equipment.

I. The provisions of subsection H shall not apply to a piece of mining equipment that is transported in a mine car if no part of the equipment extends above or over the sides of the mine car.

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 , § 45.1-161.204; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1505 — Virginia Code / Title 45.2 / Subtitle III / Part C / Chapter 15 / Section 45.2-1505
Health regulations
Status: in_force

A. The Director may adopt regulations requiring that sources of dust at surface mineral mines be wetted down unless controlled by dry collection measures or other means approved by the Director.

B. The Director may adopt regulations providing that no miner at a surface mineral mine that is subject to inspection by the Department pursuant to § 45.2-1148 shall be exposed to noise levels that exceed the federal limit adopted by MSHA for non-coal miners. Such regulations shall provide that if such exposure exceeds the federal limit, the Director may require the operator to employ feasible engineering and administrative control measures.

1994, c. 928 , § 45.1-161.309; 1997, c. 390 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-805 — Virginia Code / Title 45.2 / Subtitle II / Part B / Chapter 8 / Article 2 / Section 45.2-805
Underground transformers
Status: in_force

Every transformer that is used underground shall be air-cooled or filled with nonflammable liquid or inert gas.

Code 1950, § 45-82.2; 1954, c. 191; 1966, c. 594, § 45.1-76; 1994, c. 28 , § 45.1-161.183; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1405 — Virginia Code / Title 45.2 / Subtitle III / Part B / Chapter 14 / Section 45.2-1405
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 the provisions of § 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 a 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 , § 45.1-161.296; 1997, c. 390 ; 1998, c. 695 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-529 — Virginia Code / Title 45.2 / Subtitle II / Part A / Chapter 5 / Article 3 / Section 45.2-529
Reexamination
Status: in_force

The holder of a certificate revoked pursuant to § 45.2-528 shall be entitled to examination by the Board of Coal Mining Examiners after three months have elapsed from the date of revocation of the certificate if he can prove to the satisfaction of the Board that the cause for revocation of his certificate has ceased to exist. However, no person convicted of violating § 45.2-848 or 45.2-849 , subsection A of § 45.2-856 , or § 45.2-857 shall be eligible for examination for a period of not less than one year nor more than three years following such conviction, such period to be set by the Board in its discretion at the time of revocation of the certificate.

Code 1950, §§ 45-29, 45-31; 1954, c. 191; 1966, c. 594, § 45.1-13; 1978, c. 729; 1994, c. 28 , § 45.1-161.36; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1730 — Virginia Code / Title 45.2 / Subtitle V / Chapter 17 / Article 8 / Section 45.2-1730
(Effective until January 1, 2027) Electric Vehicle Rebate Program Advisory Council
Status: in_force

A. The Electric Vehicle Rebate Program Advisory Council is established to monitor the implementation and operation of the Program and to make recommendations to the Department regarding suggested changes to the Program, including regular assessment to determine the effect of the rebate on increasing electric vehicle sales, whether the Fund allocations pursuant to subsection B of § 45.2-1731 should be adjusted, and whether an income cap should be established to determine the eligibility of purchasers for a rebate pursuant to this article. The Advisory Council shall consider the goal of increasing electric vehicle awareness and adoption in developing and making its recommendations. The Advisory Council shall annually evaluate and recommend an increase or decrease in the amount of the rebates provided under this article to reflect the rate of inflation, as defined by the Federal Bureau of Labor Statistics, and the relative price of electric motor vehicles compared with the price of traditional motor vehicles.

B. The Advisory Council shall consist of three legislative members and 13 nonlegislative members as follows: (i) two members of the House of Delegates, to be appointed by the Speaker of the House of Delegates; (ii) one member of the Senate, to be appointed by the Senate Committee on Rules; (iii) three nonlegislative citizen members to be appointed by the Secretary of Transportation, two of whom shall be licensed new motor vehicle dealers and one of whom shall represent a new vehicle dealer association to which a majority of new motor vehicle dealers in the Commonwealth belong; (iv) seven nonlegislative citizen members to be appointed by the Secretary of Natural and Historic Resources, two of whom shall represent environmental justice organizations, two of whom shall represent environmental advocacy organizations, one of whom shall represent a vehicle manufacturer association to which a majority of vehicle manufacturers belong, and two of whom shall represent vehicle original equipment manufacturers; (v) the Director of the Department, or his designee, who shall serve ex officio with voting privileges; (vi) the Director of the Department of Environmental Quality, or his designee, who shall serve ex officio with voting privileges; and (vii) the Executive Director of the Motor Vehicle Dealer Board, who shall serve ex officio with voting privileges.

After an initial staggering of terms, legislative and nonlegislative members shall be appointed for a term of four years. Appointments to fill vacancies, other than by expiration of a term, shall be for the unexpired terms. All members may be reappointed. Vacancies shall be filled in the same manner as the original appointments.

C. The Advisory Council shall elect a chairman and vice-chairman annually from among the members. The meetings of the Advisory Council shall be at the call of the chairman, the Director of the Department, or whenever a majority of the members so request.

D. Nonlegislative citizen members shall receive compensation and 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.

E. The Department shall serve as staff to the Advisory Council.

2021, Sp. Sess. I, c. 493 , § 67-1904.
Va. Code Ann. § 45.2-1734 — Virginia Code / Title 45.2 / Subtitle V / Chapter 17 / Article 9 / Section 45.2-1734
Virginia Power Innovation Fund and Program
Status: in_force

A. There is hereby created in the state treasury a special nonreverting fund to be known as the Virginia Power Innovation Fund, referred to in this section as "the Fund," that shall be administered by the Department. The Fund shall be established on the books of the Comptroller. All amounts appropriated and such other funds as may be made available to the fund from any other source, public or private, shall be paid into the state treasury and credited to 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 purposes of research and development of innovative energy technologies, including nuclear, hydrogen, carbon capture and utilization, and energy storage. 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.

B. The Virginia Power Innovation Program (the Program) is hereby established for the purpose of (i) establishing a Virginia nuclear innovation hub from such funds as may be available from the Fund and (ii) awarding grants on a competitive basis from such funds as may be available from the Fund to support energy innovation. The Program shall be administered by the Department. In administering the Program, the Department shall, in collaboration with the Virginia Nuclear Energy Consortium, establish and publish guidelines and criteria for disbursement of funds pursuant to clause (i), including providing grants to support higher education research on advanced nuclear technologies and advanced reactor technologies, to fund nuclear energy workforce development programming, and to assist with site selection for future small modular reactor projects in Virginia. In administering the Program, the Department shall, in collaboration with the Secretary of Commerce and Trade, establish and publish guidelines and criteria for disbursement of funds pursuant to clause (ii). The Department shall oversee each grant awarded through the Program and ensure thorough reporting on each such grant.

2023, cc. 504 , 505 .
Va. Code Ann. § 45.2-1731 — Virginia Code / Title 45.2 / Subtitle V / Chapter 17 / Article 8 / Section 45.2-1731
(Effective until January 1, 2027) Electric Vehicle Rebate Program Fund
Status: in_force

A. There is hereby created in the state treasury a special nonreverting fund to be known as the Electric Vehicle Rebate Program Fund. The Fund shall be established on the books of the Comptroller. All funds appropriated for such purpose and any gifts, donations, grants, bequests, and other funds received on its behalf shall be paid into the state treasury and credited to 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 purposes set forth in this article, including expenses related to the administration of the Program by the Department. 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 of the Department.

B. All funds shall be allocated for the payment of rebates and enhanced rebates in this article. Beginning July 1, 2024, 25 percent of any unused funds remaining in the Fund at the end of the fiscal year shall be reallocated to fund electric vehicle charging infrastructure as approved by the General Assembly.

2021, Sp. Sess. I, c. 493 , § 67-1905.
Va. Code Ann. § 45.2-1234 — Virginia Code / Title 45.2 / Subtitle III / Part A / Chapter 12 / Article 4 / Section 45.2-1234
Minerals Reclamation Fund
Status: in_force

There is hereby created in the state treasury a special nonreverting fund to be known as the Minerals Reclamation Fund. The Fund shall be established on the books of the Comptroller. All payments made by operators in accordance with the provisions of this article shall be paid into the state treasury and credited to the Fund. 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 reclamation of mining operations pursuant to § 45.2-1238 . 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.

1978, c. 634, § 45.1-197.8; 2017, c. 4 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-527 — Virginia Code / Title 45.2 / Subtitle II / Part A / Chapter 5 / Article 3 / Section 45.2-527
Continuing education requirements
Status: in_force

A. The Board of Coal Mining Examiners shall adopt regulations establishing requirements for programs of continuing education for holders of certificates. The Board shall establish (i) the content and amount of continuing education to be required for maintaining certification, (ii) parameters for the content of continuing education programs, (iii) procedures for approving continuing education programs and sponsors, (iv) distribution to holders of certificates of appropriate information regarding continuing education requirements, (v) provisions allowing surplus hours of continuing education to be carried forward from one period to meet the requirements for the next period, (vi) procedures for determining compliance with continuing education requirements, (vii) requirements for a certificate holder to provide the Board with his current address and such further administrative information as may be reasonable, and (viii) the length of time a certificate may be suspended for failure to comply with continuing education requirements before such certificate shall be revoked. The Board may also establish by regulation a fee to recover the reasonable costs of reissuing certificates or otherwise ascertaining that the requirements of this section have been satisfied.

B. A certificate issued by the Board of Coal Mining Examiners shall be suspended if the holder fails to comply with the continuing education requirements established by the Board. The suspension shall be vacated upon compliance with the continuing education requirements. However, if the holder of a certificate does not comply with the continuing education requirements within the period of time established by the Board, the certificate shall be revoked.

1994, c. 28 , § 45.1-161.34; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1720 — Virginia Code / Title 45.2 / Subtitle V / Chapter 17 / Article 6 / Section 45.2-1720
(Effective until July 1, 2029) Powers and duties of the Authority
Status: in_force

In addition to the other powers and duties established under this article, the Authority has the power and duty to:

1. Adopt, use, and alter at will an official seal;

2. Make bylaws for the management and regulation of its affairs;

3. Maintain an office at any place within the Commonwealth it designates;

4. Accept, hold, and administer moneys, grants, securities, or other property transferred, given, or bequeathed to the Authority, absolutely or in trust, from any source, public or private, for the purposes for which the Authority is established;

5. Make and execute contracts and all other instruments and agreements necessary or convenient for the exercise of its powers and functions, including executing contracts and all other instruments and agreements that the Authority deems necessary with the nonprofit collaborative;

6. Employ, in its discretion, consultants, attorneys, architects, engineers, accountants, financial experts, investment bankers, superintendents, managers, and any other employees and agents necessary and fix their compensation to be payable from funds made available to the Authority;

7. Invest its funds as permitted by applicable law;

8. Receive and accept from any federal or private agency, foundation, corporation, association, or person grants, donations of money, or real or personal property for the benefit of the Authority, and receive and accept from the Commonwealth or any other state, from any municipality, county, or other political subdivision thereof, or from any other source, aid or contributions of either money, property, or other things of value, to be held, used, and applied for the purposes for which such grants and contributions may be made;

9. Enter into agreements with any department, agency, or instrumentality of the United States or of the Commonwealth and its political subdivisions and with lenders and enter into loans with contracting parties for the purpose of conducting research and development, energy project development, and planning, regulating, and providing for the financing or leasing or assisting in the financing or leasing of any project;

10. Do any lawful act necessary or appropriate to carry out the powers granted or reasonably implied in this article;

11. Leverage the strength in energy workforce and energy technology research and development of the Commonwealth's public and private institutions of higher education;

12. Support energy development projects generally, including pump storage hydropower, energy storage, hydrogen production and uses, carbon capture and storage, geothermal energy, and advanced wind and solar energy;

13. Promote energy development projects on closed power plant sites, brownfield sites, former coal mine sites, reclaimed coal mine sites, abandoned mine lands, and lands adjacent thereto;

14. Promote energy workforce development and energy supply chain development;

15. Assist energy technology research and development by, among other actions, promoting the development of a Southwest Virginia Energy Park;

16. Identify and work with the Commonwealth's industries and nonprofit partners and, through mutually agreed collaborations, the Commonwealth's research and development partners, in advancing efforts related to energy development in Southwest Virginia; and

17. Promote the capture and beneficial use of coal mine methane from active, inactive, and abandoned coal mines as a low-carbon intensity feedstock for manufacturing and energy generation projects located in Southwest Virginia.

2019, cc. 555 , 556 , § 67-1603; 2021, Sp. Sess. I, c. 387 ; 2023, cc. 720 , 721 .
Va. Code Ann. § 45.2-916 — Virginia Code / Title 45.2 / Subtitle II / Part C / Chapter 9 / Article 6 / Section 45.2-916
Equipment operation
Status: in_force

A. Equipment operating speeds, conditions, and characteristics shall be prudent and consistent with the conditions of the roadway, grade, clearance, visibility, and traffic and the type and use of equipment.

B. Any vehicle that follows another vehicle shall do so at a safe distance; passing shall be limited to areas of adequate clearance and visibility.

C. Mobile equipment shall be operated under power control at all times and each mobile equipment operator shall have full control of the equipment while in motion.

D. Before starting or moving equipment, an equipment operator shall be certain by signal or other means that all persons are clear.

1994, c. 28 , § 45.1-161.269; 1999, c. 256 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1649 — Virginia Code / Title 45.2 / Subtitle IV / Chapter 16 / Article 5 / Section 45.2-1649
Replacement of water supply
Status: in_force

If any water supply of a surface owner who obtains all or part of his supply of water for domestic use from a water well has been materially affected by contamination or partial or complete interruption proximately resulting from a gas well operation within 1,320 feet of the water well, the operator of such gas well shall promptly provide a replacement water supply that shall be capable of meeting the uses such water supply met prior to the contamination or partial or complete interruption.

1998, c. 227 , § 45.1-361.44; 2009, c. 293 ; 2017, c. 17 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1804 — Virginia Code / Title 45.2 / Subtitle V / Chapter 18 / Article 2 / Section 45.2-1804
Virginia Offshore Wind Development Authority established; purpose
Status: in_force

A. The Virginia Offshore Wind Development Authority is established as a political subdivision of the Commonwealth.

B. The Authority is established for the purposes of facilitating, coordinating, and supporting the development, either by the Authority or by other qualified entities, of the offshore wind energy industry, offshore wind energy projects, and associated supply chain vendors by (i) collecting relevant metocean and environmental data; (ii) identifying existing state and regulatory or administrative barriers to the development of the offshore wind energy industry; (iii) working in cooperation with relevant local, state, and federal agencies to upgrade port and other logistical facilities and sites to accommodate the manufacturing and assembly of offshore wind energy project components and vessels; and (iv) ensuring that the development of such projects is compatible with other ocean uses and avian and marine resources, including both the possible interference with and positive effects on naval facilities and operations, NASA-Wallops Flight Facility operations, shipping lanes, recreational and commercial fisheries, and avian and marine species and habitats.

C. The Authority shall, in cooperation with the relevant state and federal agencies as necessary, recommend ways to encourage and expedite the development of the offshore wind energy industry. The Authority shall also consult with research institutions, businesses, nonprofit organizations, and stakeholders as the Authority deems appropriate.

D. The Authority shall have only those powers enumerated in this article.

2010, cc. 507 , 681 , § 67-1201; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1145 — Virginia Code / Title 45.2 / Subtitle III / Part A / Chapter 11 / Article 6 / Section 45.2-1145
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 involving serious personal injury or death to any person, whether employed in the mine or not. The scene of the accident shall not be disturbed pending an investigation, except to prevent the suspension of use of a slope, entry, or facility vital to the operation of a section or a mine. In any 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 change is made.

B. The Director shall go personally or dispatch one or more mine inspectors to the scene of such a mineral mine accident, investigate causes, and issue any orders needed to ensure the safety of other persons.

C. Representatives of the operator shall render any assistance 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 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 licensed operator, one copy to any other operator whose employees were exposed to hazards as a result of the accident, and one copy to the employee representative if he has been present at the investigation. The Director shall maintain a complete file of all accident reports for mineral mines. Further publicity may be ordered by the Director in an effort to prevent mine accidents.

1997, c. 390 , § 45.1-161.292:51; 1998, c. 695 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-535 — Virginia Code / Title 45.2 / Subtitle II / Part A / Chapter 5 / Article 4 / Section 45.2-535
License required for operation of a coal mine; term
Status: in_force

A. No person shall engage in the operation of any coal mine within the Commonwealth without first obtaining a license for the operation of a coal mine from the Department. A license for the operation of a coal mine shall be required prior to commencement of the operation of a mine. A separate license is required for each mine operated. Licenses shall be in a form that the Director prescribes. The license shall be posted in a conspicuous place near the main entrance to the mine. The license shall not be transferable, and every change in ownership of a mine shall be reported to the Department as provided in subsection B of § 45.2-540 .

B. Each license for the operation of a coal mine shall be valid for a period of no more than one year following the date of issuance. License renewal shall be obtained annually by the anniversary of the date of issuance.

C. Each application for a license for the operation of a coal mine or a renewal or transfer of a license for the operation of a coal mine shall be submitted to the Department accompanied by a fee, payable to the State Treasurer, of $350.

Code 1950, §§ 45-17.1, 45-17.2; 1958, c. 306; 1966, c. 594, §§ 45.1-22, 45.1-23; 1972, c. 235; 1978, c. 489; 1983, c. 356; 1984, c. 590; 1988, c. 577; 1994, c. 28 , §§ 45.1-161.57, 45 .1-161.58; 1996, c. 774 ; 1997, c. 390 ; 1999, c. 256 ; 2003, cc. 542 , 550 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1216 — Virginia Code / Title 45.2 / Subtitle III / Part A / Chapter 12 / Article 2 / Section 45.2-1216
Perfection of lien; waiver of lien
Status: in_force

A. Except as provided in subsection B, the Director shall perfect the lien given under the provisions of § 45.2-1215 by filing, within six months after completion of the reclamation, in the clerk's office of the court of the county or city in which the land or any part thereof is located, a statement consisting of the names of all owners of record of the property sought to be charged; an itemized account of moneys expended for the reclamation work; notarized copies of appraisals, made by an independent appraiser, of the fair market value of the land both before and upon completion of the reclamation work; and a brief description of the property to which the lien attaches.

B. The Director shall waive a lien if he determines that (i) the direct and indirect costs of filing such lien exceed the increase in fair market value resulting from reclamation or (ii) if reclamation is necessitated by an unforeseen occurrence, the reclamation will not result in a significant increase in the fair market value of the land.

2017, c. 4 , § 45.1-186.4; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1140 — Virginia Code / Title 45.2 / Subtitle III / Part A / Chapter 11 / Article 5 / Section 45.2-1140
State-designated mine rescue teams
Status: in_force

The Director may, upon the request of a licensed operator or agent who employs a mine rescue team, designate two or more mine rescue teams as "state-designated mine rescue teams." Any team that is certified as a mine rescue team by MSHA under 30 C.F.R. Part 49 is eligible to be a state-designated team. Following the designation of any such team, the Director shall, upon the payment to the Department of an annual fee, set by the Director based on current costs for maintaining mine rescue stations and personnel, assign two or more state-designated teams to the licensed operator. A licensed operator who has paid the rescue fee is entitled to the rescue services of a state-designated rescue team at no additional charge.

1997, c. 390 , § 45.1-161.292:46; 1998, c. 695 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1616 — Virginia Code / Title 45.2 / Subtitle IV / Chapter 16 / Article 2 / Section 45.2-1616
Statewide spacing of wells
Status: in_force

A. Unless prior approval has been received from the Board or a provision of the field or pool rules so allows:

1. No well drilled in search of oil shall be located closer than 1,250 feet to any well completed in the same pool; however, this spacing requirement is subject to § 45.2-1612 ;

2. No well drilled in search of gas shall be located closer than 2,500 feet to any other well completed in the same pool or closer than 2,500 feet to any storage well within the boundary of a gas storage field certificated by the State Corporation Commission prior to January 1, 1997, if the well to be drilled is to be completed within the same horizon as the certificated gas storage field; and

3. No well shall be drilled closer to the boundary of the acreage supporting the well, whether such acreage is a single leasehold or other tract or a contractual or statutory drilling unit, than one-half of the applicable minimum well spacing distance prescribed in this section.

B. Unless prior approval has been received from the Board or a provision of the field or pool rules so allows:

1. No well drilled in search of coalbed methane gas shall be located closer than 1,000 feet to any other coalbed methane gas well, or in the case of a coalbed methane gas well located in the gob, closer than 500 feet to any other coalbed methane gas well located in the gob.

2. No coalbed methane gas well shall be drilled closer than 500 feet, or in the case of a well located in the gob, closer than 250 feet, from the boundary of the acreage supporting the well, whether such acreage is a single leasehold or other tract or a contractual or statutory drilling unit.

3. The spacing limitations set forth in this subsection are subject to the provisions of §§ 45.2-1611 and 45.2-1612 .

1990, c. 92, § 45.1-361.17; 1996, c. 854 ; 1997, c. 759 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-512 — Virginia Code / Title 45.2 / Subtitle II / Part A / Chapter 5 / Article 2 / Section 45.2-512
Qualifications of coal mine inspectors
Status: in_force

A. Each mine inspector conducting inspections of underground coal mines shall have a thorough knowledge of the various systems of working and ventilating underground coal mines; the nature and properties of mine gases and methods for their detection and control; the control of mine roof and ground control; methods of rescue and recovery work in mine disasters; the application of electricity and mechanical loading in mining operations; equipment and explosives used in mining; methods for preventing gas and dust explosions in mines; and mine haulage.

B. Each mine inspector conducting inspections of surface coal mines shall have a thorough knowledge of the various systems of working surface coal mines, the nature and properties of mine gases and methods of their detection and control, ground control, methods of rescue and recovery work in surface mine disasters, the application of electricity and mechanical loading in mining operations, equipment and explosives used in mining, methods for preventing gas and dust explosions in surface facilities on mine property, and mine haulage.

Code 1950, §§ 45-4, 45-5, 45-6; 1954, c. 191; 1966, c. 594, § 45.1-4; 1972, c. 784; 1978, cc. 120, 727; 1981, c. 32; 1984, cc. 184, 337, 590; 1987, Sp. Sess., c. 1; 1994, c. 28 , § 45.1-161.20; 1997, c. 390 ; 2005, c. 3 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1641 — Virginia Code / Title 45.2 / Subtitle IV / Chapter 16 / Article 3 / Section 45.2-1641
Developing a gas or oil well as a water well
Status: in_force

If any well drilled for gas or oil does not produce commercial or paying quantities of either resource, the well may be developed as a water well upon the request of the surface owner of the property on which the well is located. Any such development of a water well shall occur only after notice is given to the Director and his approval has been received. Such development of a water well shall be performed in accordance with applicable state and local requirements. Unless the gas or oil operator and surface owner otherwise agree, the surface owner shall pay the gas or oil operator a reasonable sum for all casing and tubing set and left in the well that would have otherwise been removed upon plugging of the well.

1982, c. 347, § 45.1-350; 1990, c. 92, § 45.1-361.39; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-856 — Virginia Code / Title 45.2 / Subtitle II / Part B / Chapter 8 / Article 5 / Section 45.2-856
Smoking materials prohibited; penalty
Status: in_force

A. No miner or other person shall smoke or carry or possess underground any smoker's articles or any match, lighter, or similar material generally used for igniting smoker's articles. Violation of this subsection is a Class 6 felony.

B. Each operator shall institute a smoker search program, approved by the Chief, to ensure that no person entering the underground area of the mine carries any smoking material, match, or lighter.

C. Any person entering or present in any underground area of a coal mine shall, by his entry into such underground area of the mine, be subject to a search of his person, including any personal property that is in any underground area of the mine at any time he is underground. Such search shall be conducted at the direction of the Chief by employees of the Department. It shall be limited in scope to the person and property of the person present underground at the time of the search and shall be for the purpose of enforcing the provisions of this section.

D. This section shall not prohibit the possession of equipment used solely for the operation of a flame safety lamp or for welding or cutting.

1993, c. 389, § 45.1-98.1; 1994, c. 28 , § 45.1-161.177; 1995, c. 569 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1128 — Virginia Code / Title 45.2 / Subtitle III / Part A / Chapter 11 / Article 4 / Section 45.2-1128
Operating without license; penalty
Status: in_force

A. In addition to any other power conferred by law, the Director or his designated representative may issue an order closing any mineral mine that is operating without a license. The procedure for issuing a closure order shall be as provided in § 45.2-1158 .

B. Any person operating an unlicensed mineral mine is guilty of a Class 3 misdemeanor. Each day any person operates an unlicensed mineral mine constitutes a separate offense.

1997, c. 390 , § 45.1-161.292:34; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-840 — Virginia Code / Title 45.2 / Subtitle II / Part B / Chapter 8 / Article 4 / Section 45.2-840
Crosscuts
Status: in_force

A. Crosscuts shall be made between entries and between rooms as provided in the approved roof control plan.

B. Every crosscut between an intake and a return air course shall be closed, except the one nearest the face. A crosscut between rooms shall be closed where necessary to provide adequate ventilation at the working face.

C. Where practicable, a crosscut shall be provided at or near the face of each entry or room before the place is abandoned.

D. No entry or room shall be started off an entry beyond the last open crosscut.

Code 1950, § 45-60.4; 1954, c. 191; 1966, c. 594, § 45.1-59; 1978, c. 729; 1994, c. 28 , § 45.1-161.223; 1996, c. 774 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1238 — Virginia Code / Title 45.2 / Subtitle III / Part A / Chapter 12 / Article 4 / Section 45.2-1238
Revocation of permits; reclamation work
Status: in_force

If a permit issued to a member is revoked pursuant to § 45.2-1213 , then the payments that the member has made to the Fund in connection with such permit shall be forfeited to the Fund. The Director shall use such forfeited payments, or as much of such payments as necessary, for the reclamation of the mining operation to which the permit applied. If the cost of reclamation exceeds the amount of the forfeited payments, the Director shall also use the proceeds from the member's bond or other security also forfeited in conjunction with the revocation of the permit in accordance with § 45.2-1213 , except that if all of the member's bonds and other securities have been released pursuant to § 45.2-1236 , then the Director shall draw upon the Fund for the entire cost of reclamation.

1978, c. 634, § 45.1-197.12; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-808 — Virginia Code / Title 45.2 / Subtitle II / Part B / Chapter 8 / Article 2 / Section 45.2-808
Trolley wires and feeder wires
Status: in_force

A. Trolley wires and trolley feeder wires shall be installed on the side of the entry opposite the clearance space and any shelter hole, except where the wires are guarded or are installed at least 6.5 feet above the top of the rail.

B. Trolley-wire hangers shall be so spaced that the wire may become detached from any one hanger without creating a shock hazard.

C. Trolley wires shall be aligned properly and installed on insulated hangers at least six inches outside the rail.

D. Trolley wires and trolley feeder wires shall be provided with cut-out switches at intervals of not more than 1,500 feet and near the beginning of each branch line.

E. Trolley wires and trolley feeder wires shall be kept taut and shall not be permitted to touch the roof or any rib, timber, or combustible material.

F. Trolley wires and trolley feeder wires shall be guarded adequately at both sides of any door and at every place where miners work or pass under them, unless they are at least 6.5 feet above the top of the rail.

G. No trolley wires or trolley feeder wires shall extend beyond any open crosscut between an intake and a return airway. All such wires shall be kept at least 150 feet from any active, open pillar workings.

H. Trolley wires and trolley feeder wires shall be guarded, anchored securely, and insulated properly at the ends.

I. Trolley wires and trolley feeder wires shall be installed only in an intake airway.

J. No trolley wires or other exposed conductors shall carry more than 300 volts.

Code 1950, §§ 45-82, 45-82.1; 1954, c. 191; 1966, c. 594, § 45.1-78; 1993, c. 442; 1994, c. 28 , § 45.1-161.187; 1996, c. 774 ; 1999, c. 256 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1401 — Virginia Code / Title 45.2 / Subtitle III / Part B / Chapter 14 / Section 45.2-1401
Regulations governing conditions and practices at underground mineral mines
Status: in_force

A. The Director shall adopt, in accordance with the provisions of Article 2 (§ 2.2-4006 et seq.) of the Administrative Process Act, regulations necessary to ensure the safety and health of miners and other persons and property at underground mineral mines in the Commonwealth. Nothing in this section shall restrict the Director from adopting regulations more stringent than regulations adopted pursuant to the federal mine safety law. Such regulations applicable to underground mineral mines shall establish requirements for the:

1. Protection of miners from general risks found at underground mineral mines and in mining;

2. Provision and use of personal protection equipment and devices for the head, feet, hands, and body;

3. Maintenance, operation, storage, and transportation of mechanical or electrical equipment, devices, and machinery used in the underground mining of minerals;

4. Control of unstable roof, face, rib, floor, and other ground conditions;

5. Handling and storage of combustible materials, including requirements for emergency plans, firefighting and emergency rescue, fire prevention and safety features on mine equipment, fire safety in mine structures and other areas, and other flame and spark hazards;

6. Control of exposure to airborne contaminants and excessive noise levels;

7. Provision of adequate air quality and quantity through ventilation and other appropriate measures;

8. Safe storage, transportation, and use of explosives and blasting devices;

9. Safe design, operation, maintenance, and inspection of drilling equipment;

10. Construction, installation, maintenance, use, and inspection of boilers, air compressors, and compressed gas systems;

11. Safe design, use, maintenance, and inspection of passageways, walkways, ladders, and other travel ways;

12. Safe design, operation, maintenance, and inspection of electrical equipment and systems;

13. Safe storage, transportation, and handling of materials, including corrosive and hazardous substances;

14. Safe design, use, maintenance, and inspection of guards on moving parts of equipment and machinery;

15. Safe design and operation of chutes;

16. Inspection, maintenance, safe design, and operation of hoisting equipment and cables;

17. Inspection, maintenance, and construction of mine shafts;

18. Actions to be taken by certified and competent persons; and

19. Safe design, operation, maintenance, and inspection of, and the conduct of mining activities at, surface areas of underground mineral mines.

B. The Director shall not adopt any regulation relating to underground mineral mines that is inconsistent with any requirement established by the Act or that, if an operator were to take action to comply with the provisions of such regulation, would place the operator in violation of the federal mine safety law.

1994, c. 28 , § 45.1-161.294; 1996, c. 774 ; 1998, c. 695 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-2001 — Virginia Code / Title 45.2 / Subtitle V / Chapter 20 / Article 1 / Section 45.2-2001
Application
Status: in_force

The provisions of this chapter regarding (i) permitting, well regulations, reservoir management, and allocation apply to geothermal resources at temperatures above the minimum temperature set forth by the Department pursuant to § 45.2-2004 and (ii) leasing requirements, royalties, or severance taxes apply to geothermal resource applications producing more than the volumetric rate set forth by the Department pursuant to § 45.2-2004 .

1981, c. 506, § 45.1-179.3; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-815 — Virginia Code / Title 45.2 / Subtitle II / Part B / Chapter 8 / Article 2 / Section 45.2-815
Repairs to circuits and electric equipment
Status: in_force

A. No electrical work shall be performed on any low-voltage, medium-voltage, or high-voltage distribution circuit or equipment except by a certified person or a person who is trained to perform electrical work and to maintain electrical equipment and 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 piece of equipment connected to such a circuit, except that where locking out is not possible, such devices shall be opened and suitably tagged by such person. Locks and tags shall be removed only by the person who installed them or, if such person is unavailable, by a certified person authorized by the operator or his agent.

B. A miner may, where necessary, repair energized trolley wires if he wears insulated shoes and lineman's gloves.

C. This section does not prohibit a certified electrical repairman from making checks on or troubleshooting energized circuits 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, 45-82.1; 1954, c. 191; 1966, c. 594, § 45.1-78; 1993, c. 442; 1994, c. 28 , § 45.1-161.196; 1996, c. 774 ; 1999, c. 256 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-569 — Virginia Code / Title 45.2 / Subtitle II / Part A / Chapter 5 / Article 8 / Section 45.2-569
Closure orders
Status: in_force

A. The Director, the Chief, or a mine inspector shall issue a closure order requiring any mine or section thereof cleared of all persons, or equipment removed from use, and refusing further entry into the mine by all persons except those necessary to correct or eliminate a hazardous condition, when (i) a violation of the Act has occurred that creates an imminent danger to the life or health of persons in the mine; (ii) a mine fire, mine explosion, or other serious accident has occurred at the mine, as necessary to preserve the scene of such accident during the investigation of the accident; (iii) a mine is operating without a license in violation of § 45.2-535 ; or (iv) an operator to whom a notice of violation was issued has failed to abate the violation cited therein within the time period provided in such notice for its abatement; however, a closure order shall not be issued for failure to abate a violation during the pendency of an administrative appeal of the issuance of the notice of violation as provided in subsection D of § 45.2-568 .

B. A technical specialist may issue a closure order upon discovering a violation creating an imminent danger.

C. One copy of a closure order shall be delivered to the operator of the mine or his agent or the mine foreman.

D. Upon a finding by the mine inspector of abatement of the violation creating the hazardous condition pursuant to which a closure order has been issued as provided in clause (i) of subsection A; cessation of the need to preserve an accident scene as provided in clause (ii) of subsection A; the issuance of a license for the mine if the closure order was issued as provided in clause (iii) of subsection A; or abatement of the violation for which the notice of violation was issued as provided in clause (iv) of subsection A, the Director, the Chief, or a mine inspector shall issue a notice of correction, a copy of which shall be delivered as provided in subsection C.

E. The issuance of a closure order shall constitute a final order of the Department, and the owner or operator of the mine shall not be entitled to administrative review of such decision. The owner or operator of any mine or part thereof for which a closure order has been issued may, within 10 days following the issuance of the order, bring a civil action in the circuit court of the county or city in which the mine, or the greater portion thereof, is located for review of the decision. The commencement of such a proceeding shall not, unless specifically ordered by the court, operate as a stay of the closure order. The court shall promptly hear and determine the matters raised by the owner or operator. In any such action, the court shall receive the records of the Department with respect to the issuance of the order and any additional evidence at the request of any party. In any proceeding under this section, the Attorney General or the attorney for the Commonwealth for the jurisdiction where the mine is located, upon the request of the Director, shall represent the Department.

F. The court shall vacate the closure order if the preponderance of the evidence establishes that the order was not issued in accordance with the provisions of this section.

G. If it is finally determined that a closure order was issued not in accordance with the provisions of this section, the closure order shall be vacated and the improperly issued closure order shall not be used to the detriment of the owner or operator of the mine for which 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 , § 45.1-161.91; 1996, c. 774 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-564 — Virginia Code / Title 45.2 / Subtitle II / Part A / Chapter 5 / Article 7 / Section 45.2-564
Denial of entry
Status: in_force

No person shall deny the Chief, the Director, or any mine inspector entry upon or through (i) a mine for the purpose of conducting an inspection or (ii) any office at the site where maps or records relating to the mine are located, in accordance with the Act.

Code 1950, § 45-17; 1954, c. 191; 1966, c. 594, § 45.1-105; 1975, c. 520; 1978, c. 118; 1980, c. 388; 1994, c. 28 , § 45.1-161.86; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-706 — Virginia Code / Title 45.2 / Subtitle II / Part B / Chapter 7 / Article 2 / Section 45.2-706
Employment of authorized persons
Status: in_force

No miner shall be placed in charge of a cutting, loading, drilling, continuous miner, or timbering machine in any mine if such miner is not an authorized person capable of determining the safety of the roof and ribs of a working place. Such miner shall also be capable of detecting the presence of explosive gas and shall undergo examination by a mine inspector or other instructor certified by the Board of Coal Mining Examiners and authorized by the Chief to determine the miner's fitness to detect explosive gas before being permitted to have charge of a machine in such mine.

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 , § 45.1-161.252; 2012, cc. 109 , 241 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-548 — Virginia Code / Title 45.2 / Subtitle II / Part A / Chapter 5 / Article 5 / Section 45.2-548
Qualification for team membership; direction of teams
Status: in_force

A. To qualify for membership in a mine rescue team, an applicant shall be an experienced miner and shall pass a physical examination by a licensed physician, physician assistant, or licensed advanced practice registered nurse at least annually. A record that such examination was taken shall be kept on file by the operator who employs the team member and a copy shall be furnished to the Director.

B. All rescue or recovery work performed by mine rescue teams shall be under the jurisdiction of the Department. The Department shall consult with company officials, representatives of MSHA, and representatives of the miners and all shall be in agreement as far as possible on the proper procedure for rescue and recovery; however, the Chief in his discretion may take full responsibility in directing such work. Procedures for use of apparatus or equipment shall be guided by the manuals for the mine rescue apparatus or auxiliary equipment.

1975, c. 432, § 45.1-33.3; 1984, c. 590; 1994, c. 28 , § 45.1-161.70; 1999, c. 256 ; 2004, c. 855 ; 2006, c. 396 ; 2021, Sp. Sess. I, c. 387 ; 2023, c. 183 .
Va. Code Ann. § 45.2-1023 — Virginia Code / Title 45.2 / Subtitle II / Part C / Chapter 10 / Article 2 / Section 45.2-1023
Forfeiture or release of performance bond
Status: in_force

A. The Director shall adopt regulations, consistent with regulations adopted by the Secretary, establishing procedures, conditions, criteria, and schedules for the forfeiture or release of performance bonds or deposits required under this chapter; however, no bond shall be fully released until all reclamation requirements of this chapter and the regulations adopted hereunder are fully met.

B. Any person with a valid legal interest that could be adversely affected by release of the bond, or the responsible officer or head of any federal, state, or local governmental agency that (i) has jurisdiction by law or special expertise with respect to any environmental, social, or economic impact involved in the operation or (ii) is authorized to develop and enforce environmental standards with respect to such operations, has the right to file written objections to the proposed release from bond by the Director within 30 days after the last publication of notice, as required by regulation. If a written objection is filed and a hearing requested, the Director shall inform all interested parties of the time and place of the hearing and hold a public hearing, either in the locality of the coal surface mining operation proposed for bond release or in Richmond, at the option of the objector, within 30 days of the request for such hearing.

C. Without prejudice to the rights of any objector or the applicant or the responsibilities of the Director pursuant to this section, the Director may establish an informal conference, in accordance with regulations adopted pursuant to § 45.2-1014 , to resolve written objections.

D. For the purpose of the hearing specified in subsection B, the Director may administer oaths, subpoena witnesses or written or printed materials, compel the attendance of witnesses or production of materials, and take evidence, including inspections of the land affected or other coal surface mining operations carried on by the applicant in the general vicinity. A verbatim record of each public hearing shall be made, and a transcript shall be made available on the motion of any party or by order of the Director.

1979, c. 290, § 45.1-247; 1984, c. 590; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1219 — Virginia Code / Title 45.2 / Subtitle III / Part A / Chapter 12 / Article 2 / Section 45.2-1219
Hearing to determine amount of lien
Status: in_force

Any party having an interest in the real property against which a lien has been filed may, within 60 days of such filing, petition the circuit court of the county or city in which the property or some portion thereof is located to hold a hearing to determine the increase in the fair market value of the land as a result of reclamation. After reasonable notice to the Director, the court shall hold a hearing to determine the amount of such increase. If the court determines such increase to be erroneously excessive, it shall determine the proper amount and order that the lien and the record be amended to show such amount.

2017, c. 4 , § 45.1-186.7; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1622 — Virginia Code / Title 45.2 / Subtitle IV / Chapter 16 / Article 2 / Section 45.2-1622
Pooling of interests for coalbed methane gas wells; conflicting claims to ownership
Status: in_force

A. If there are conflicting claims to the ownership of coalbed methane gas, the Board, upon application from any claimant, shall enter an order pooling all interests or estates in the coalbed methane gas-drilling unit for the development and operation thereof.

B. In addition to the provisions of § 45.2-1620 , the following provisions shall apply to the order provided in subsection A:

1. Simultaneously with the filing of such application, the gas or oil owner applying for the order shall provide notice pursuant to the provisions of § 45.2-1618 to each person identified by the applicant as a potential owner of an interest in the coalbed methane gas underlying the tract that is the subject of the hearing.

2. The Board shall cause to be established an escrow account into which the payment for costs or proceeds attributable to the conflicting interests shall be deposited and held for the interest of the claimants.

3. The coalbed methane gas well operator shall deposit into the escrow account any money paid by a person claiming a contested ownership interest as a participating operator's share of costs pursuant to the provisions of § 45.2-1620 and the order of the Board.

4. The coalbed methane gas well operator shall deposit into the escrow account one-eighth of all proceeds attributable to the conflicting interests plus all proceeds in excess of ongoing operational expenses attributable to a participating or nonparticipating operator as provided for under § 45.2-1620 and the order of the Board.

5. The Board shall order payment of principal and accrued interest, less escrow account fees, from the escrow account to conflicting claimants only after (i) a final decision of a court of competent jurisdiction adjudicating the ownership of coalbed methane gas as between them is issued, (ii) a determination is reached by an arbitrator pursuant to § 45.2-1623 , or (iii) an agreement is reached among all claimants owning conflicting estates in the tract in question or any undivided interest therein. Upon receipt of an affidavit from conflicting claimants affirming such decision, determination, or agreement, the designated operator shall, within 30 days, file with the Board a petition for disbursement of funds on behalf of the conflicting claimants. The petition shall include a detailed accounting of all funds deposited in escrow that are subject to the proposed disbursement. The amount to be paid to the conflicting claimants shall be determined on the basis of (a) the percentage of ownership interest of the conflicting claimants as shown in the operator's supplemental filing, made part of the pooling order that established the escrow account; (b) the operator's records of deposits attributable to those tracts for which funds are being requested; and (c) the records of the escrow account for the coalbed methane gas-drilling unit. The petition for disbursement shall be placed on the first available Board docket. Funds shall be disbursed within 30 days after the Board decision and receipt by the Department of all documentation required by the Board. The interests of any cotenants that have not been resolved by the agreement or by judicial decision shall remain in the escrow account.

6. Any person who does not make an election under the pooling order shall be deemed, subject to a final legal determination of ownership, to have leased his gas or oil interest to the coalbed methane gas well operator as provided in the pooling order.

1990, c. 92, § 45.1-361.22; 1999, c. 122 ; 2006, c. 498 ; 2010, c. 442 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-604 — Virginia Code / Title 45.2 / Subtitle II / Part A / Chapter 6 / Article 2 / Section 45.2-604
Court may declare trust; trustee sale of lease
Status: in_force

A. If, upon presentation of a petition pursuant to § 45.2-602 to the circuit court in the county or city containing the majority of the tract of coal, it appears to the court that development of the interests in such tract of coal will be advantageous to the unknown or missing owners, the court shall declare a trust in the coal interests and appoint a trustee for such interests. The court shall authorize the trustee to execute a lease covering the coal interests in the identified tract of coal. The order of the court shall provide for all the terms and provisions of the lease that the trustee is authorized to make.

B. The trustee shall proceed in compliance with the provisions of the order to execute the lease and after executing the lease shall submit a report thereof to the court.

C. The court shall not authorize a trustee's lease upon the coal interests of any owner whose identity and location are known, can be ascertained, or are discovered as a result of the action brought under this article. Any such owner may intervene as a matter of right at any time prior to the judgment approving the trustee's lease for the purpose of establishing his title to the coal interests. If such coal owner's claim is established to the satisfaction of the court, the court shall dismiss the action at the plaintiff's cost.

2003, c. 775 , § 45.1-161.311:5; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-750 — Virginia Code / Title 45.2 / Subtitle II / Part B / Chapter 7 / Article 8 / Section 45.2-750
Inspection of underground equipment
Status: in_force

Once per week, or more often if necessary, the mine foreman or a certified person shall inspect electrical and diesel transportation equipment to ensure its safe operating condition. Such equipment located on the surface shall be inspected once per month, or more often if necessary. Such person shall correct any defect found during the inspection. A record of such examinations shall be maintained.

1966, c. 594, § 45.1-85; 1978, c. 118; 1993, c. 442; 1994, c. 28 , § 45.1-161.139; 1996, c. 774 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-922 — Virginia Code / Title 45.2 / Subtitle II / Part C / Chapter 9 / Article 7 / Section 45.2-922
Stairways, platforms, runways, and floor openings
Status: in_force

A. Stairways, platforms, and runways shall be provided where persons work or travel.

B. Stairways, elevated platforms, elevated runways, and floor openings shall be equipped with suitable handrails or guardrails.

C. Stairways, elevated platforms, runways, and floor openings shall be provided with toe boards. Stairways, platforms, and runways shall be kept clear of stumbling and slipping hazards and shall be maintained in good repair.

Code 1950, § 45-85.7; 1954, c. 191; 1966, c. 594, § 45.1-36; 1978, c. 729; 1994, c. 28 , § 45.1-161.275; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-847 — Virginia Code / Title 45.2 / Subtitle II / Part B / Chapter 8 / Article 4 / Section 45.2-847
Examination of mine for explosive gas and other hazardous conditions
Status: in_force

A. Every certified person whose regular duties require him to inspect working places in any mine for hazardous conditions shall have in his possession and shall use, when underground, a permissible methane detector or other permissible device capable of detecting methane and oxygen deficiency.

B. A sufficient number of permissible methane detectors or other permissible devices capable of detecting methane shall be kept at each mine inby the last open crosscut. Every miner shall be trained in the operation of such devices. Every miner working inby the last open crosscut shall be certified by the Board of Coal Mining Examiners pursuant to § 45.2-520 to conduct gas testing.

C. Every methane detector shall be maintained in permissible condition. Every methane detector shall be calibrated at least monthly in accordance with the manufacturer's recommendations. A record of such calibration shall be made in a book for this purpose kept at a surface location at the mine and maintained for one year.

Code 1950, §§ 45-32, 45-33, 45-60.4, 45-68.1, 45-69.7, 45-85.6; 1954, c. 191; 1966, c. 594, §§ 45.1-35, 45.1-65; 1978, cc. 118, 120; 1994, c. 28 , § 45.1-161.231; 1996, c. 774 ; 1999, c. 256 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-812 — Virginia Code / Title 45.2 / Subtitle II / Part B / Chapter 8 / Article 2 / Section 45.2-812
Electrical equipment
Status: in_force

A. Electrical equipment that is taken into or used inby the last open crosscut or in other than an intake airway constitutes permissible equipment.

B. Permissible equipment that is used in an area specified in subsection A shall be maintained in permissible condition.

C. No electrical equipment shall be taken into or operated in any place where a methane level of one percent or more is detected.

D. Voltage limitations for underground installations of electrical equipment using direct or alternating current shall conform to the voltages provided in 30 C.F.R. § 18.47.

E. Electrical equipment shall be classified as permissible and shall be maintained in a permissible condition when such equipment is located within 150 feet of any pillar workings or longwall face.

F. Any electrical conductors and cables installed in or inby the last open crosscut, or within 150 feet of any pillar workings or longwall face, shall be:

1. Shielded high-voltage cables supplying power to permissible longwall equipment or other equipment;

2. Interconnecting conductors and cables of permissible longwall equipment;

3. Conductors and cables of intrinsically safe circuits; or

4. Cables and conductors supplying power to low-voltage or medium-voltage permissible equipment.

G. Electrical equipment shall be maintained in safe operating condition at all times while it is being used, and any unsafe condition shall be corrected promptly or the equipment shall be removed from service.

Code 1950, § 45-83; 1954, c. 191; 1966, c. 594, § 45.1-83; 1993, c. 442; 1994, c. 28 , § 45.1-161.193; 1999, c. 256 ; 2011, cc. 826 , 862 ; 2015, cc. 103 , 397 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-705 — Virginia Code / Title 45.2 / Subtitle II / Part B / Chapter 7 / Article 2 / Section 45.2-705
Employment of inexperienced underground miners
Status: in_force

A. An inexperienced underground miner shall be required to work with an experienced underground miner for a total of at least six months following the start of underground employment. However, an experienced surface miner shall only be required to work with an experienced underground miner for a total of at least 60 days following the start of underground employment.

B. No inexperienced underground miner shall be assigned, allowed, or required to perform work alone in any area where there is a potential danger to his safety unless he can communicate with others or be heard or seen.

Code 1950, §§ 45-35, 45-40; 1954, c. 191; 1966, c. 594, § 45.1-17; 1978, c. 729; 1993, c. 170; 1994, c. 28 , § 45.1-161.251; 1999, c. 256 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-573 — Virginia Code / Title 45.2 / Subtitle II / Part A / Chapter 5 / Article 8 / Section 45.2-573
Prosecution of violations
Status: in_force

A. It is the duty of every attorney for the Commonwealth to whom the Director or his authorized representative has reported any violation of the Act or on his own initiative to cause proceedings to be prosecuted in such case.

B. If the attorney for the Commonwealth declines to cause proceedings to be prosecuted in such case, the Director or the Chief may request the Attorney General to institute proceedings for any violation of the Act on behalf of the Commonwealth; however, such action shall not preclude the Director or the Chief from pursuing any other applicable statutory procedure. Upon receiving such a request from the Director or the Chief, the Attorney General may institute actions and proceedings for violations described in the request.

Code 1950, § 45-17; 1954, c. 191; 1966, c. 594, § 45.1-105; 1975, c. 520; 1978, c. 118; 1980, c. 388; 1994, c. 28 , § 45.1-161.95; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1402 — Virginia Code / Title 45.2 / Subtitle III / Part B / Chapter 14 / Section 45.2-1402
Adoption of regulations
Status: in_force

The Director shall adopt regulations:

1. Regarding transportation of miners, including regulations regarding (i) the carrying of tools by miners on mantrips; (ii) the riding of any miner, except the motorman and trip rider, inside a car; and (iii) the boarding and disembarking of miners to and from mantrips;

2. Requiring any bare wire and any cable other than a ground wire, grounded power conductor, or trailing cable to be supported by insulators and away from combustible materials, roof, and ribs;

3. Regarding the bonding, welding, or securing of rails and track switches where track is used to conduct electrical power;

4. Requiring the installation of disconnecting switches underground in all main power circuits at appropriate locations;

5. Requiring respiratory equipment and hearing protection, including by requiring that (i) each miner exposed for short periods to a hazard from inhalation of gas, dust, or fumes wear approved respiratory equipment and (ii) each operator supply hearing protection to miners upon request; and

6. Requiring that fire precautions be taken when mining equipment is transported underground in proximity to energized trolley wires or trolley feeder wires.

Code 1950, §§ 45-14.1, 45-69.2, 45-82, 45-82.1, 45-82.3, 45-86; 1954, c. 191; 1966, c. 594, §§ 45.1-74, 45.1-78, 45.1-80, 45.1-89, 45.1-99; 1985, c. 296; 1994, c. 28 , § 45.1-161.298; 1974, c. 323; 1978, c. 118, 729, § 45.1-99.1; 1984, c. 590; 1985, c. 296, 500; 1993, c. 442; 1994, c. 28 , §§ 45.1-161.298 through 45.1-161.303; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-775 — Virginia Code / Title 45.2 / Subtitle II / Part B / Chapter 7 / Article 9 / Section 45.2-775
Surface blasting
Status: in_force

The provisions of Article 10 (§ 45.2-931 et seq.) of Chapter 9 shall apply with respect to explosives or blasting at any surface area of an underground coal mine.

1994, c. 28 , § 45.1-161.247; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1647 — Virginia Code / Title 45.2 / Subtitle IV / Chapter 16 / Article 4 / Section 45.2-1647
Hydraulic fracturing; bioslurry injections; groundwater management area
Status: in_force

A. For the purposes of this section, "bioslurry injection" means the underground injection of agricultural waste, food waste, manure, paper sludge, or sewage sludge.

B. No person shall conduct any hydraulic fracturing or bioslurry injection in any well that has been drilled through any portion of a groundwater management area declared by regulation prior to January 1, 2020, pursuant to the provisions of the Ground Water Management Act of 1992 (§ 62.1-254 et seq.). For purposes of this section, "hydraulic fracturing" means the treatment of a well by the application of hydraulic fracturing fluid, including a base fluid and any additive, under pressure for the express purpose of initiating or propagating fractures in a target geologic formation to enhance production of natural gas or oil.

2020, c. 626 ; § 62.1-195.3; 2021, Sp. Sess. I, c. 387 ; 2026, cc. 814 , 833 .
Va. Code Ann. § 45.2-721 — Virginia Code / Title 45.2 / Subtitle II / Part B / Chapter 7 / Article 5 / Section 45.2-721
Underground storage of explosives and detonators
Status: in_force

A. If a supply of explosives or detonators for use in one or more sections is stored underground, it shall be kept in a section box or magazine of substantial construction with no metal exposed on the inside. Such box or magazine shall be located at least 25 feet from any roadway or power wire and in a reasonably dry, well rock-dusted location protected from falls of roof. In a pitching bed, where it is not possible to comply with such location requirement, such box shall be placed in a niche cut into the solid coal or rock.

B. If explosives and detonators are both stored in the section, they shall be kept in separate boxes or magazines not less than 12 feet apart if feasible; if kept in the same box or magazine, they shall be separated by a substantially fastened hardwood partition at least four inches thick or the equivalent. Not more than a 48-hour supply of explosives or detonators shall be stored underground in such box or magazine.

C. If explosives and detonators are kept near the face for the use of miners, they shall be kept in separate individual closed containers, in niches in the ribs, not less than 12 feet apart, and at least 50 feet from the working place and out of the line of blast. Each such container shall be constructed of substantial material and maintained electrically nonconductive. Where it is physically impracticable to comply with such distance requirements, the explosives and detonator containers shall be stored in the safest available places not less than 15 feet from any pipe, rail, conveyor, haulage road, or power line, not less than 12 feet apart, and at least 50 feet from the working face and out of the line of blast.

D. Explosives and detonators shall be kept in their containers pursuant to subsection C until immediately before use at a working face.

Code 1950, § 45-53.4; 1954, c. 191; 1966, c. 594, § 45.1-47; 1994, c. 28 , § 45.1-161.128; 1996, c. 774 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1237 — Virginia Code / Title 45.2 / Subtitle III / Part A / Chapter 12 / Article 4 / Section 45.2-1237
Return of member payments
Status: in_force

Subject to the provisions of § 45.2-1240 , the Director shall return from the Fund to the member any payment that the member has previously paid to the Fund once the Director determines that the member has completed satisfactory reclamation in accordance with § 45.2-1212 . The payments returned shall be only those payments that the member made for the acres that have been satisfactorily reclaimed. In lieu of such return, the member may request that the Director retain the payments in the Fund as payments for additional acres to be disturbed by the member's operations.

1978, c. 634, § 45.1-197.11; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-719 — Virginia Code / Title 45.2 / Subtitle II / Part B / Chapter 7 / Article 5 / Section 45.2-719
Surface storage of explosives and detonators
Status: in_force

A. Two or more surface magazines shall be provided for the storage of explosives and the separate storage of detonators.

B. Every surface magazine for storing and distributing explosives in an amount exceeding 150 pounds shall be:

1. Reasonably bullet-resistant and constructed of incombustible material or covered with fire-resistant material. The roof of a magazine that is located in such a way as to make it impossible to fire a bullet directly through the roof from the ground need not be bullet-resistant. Where it is possible to fire a bullet directly through a roof from the ground, such roof shall be made bullet-resistant by material construction, by the use of a ceiling that forms a tray containing not less than a four-inch thickness of sand, or by another method;

2. Provided with doors that are constructed of three-eighth-inch steel plate. Such doors shall be lined with a two-inch thickness of wood or the equivalent;

3. Provided with dry floors that are made of wood or other nonsparking material and have no metal exposed inside the magazine;

4. Provided with suitable warning signs located so that a bullet passing directly through the face of a sign will not strike the magazine;

5. Provided with properly screened ventilators;

6. Equipped with no openings except for entrance and ventilation openings;

7. Kept locked securely when unattended; and

8. Electrically bonded and grounded if constructed of metal.

C. A surface magazine for storing detonators need not be bullet-resistant, but it shall comply with the other provisions of subsection B regarding the storage of explosives.

D. Explosives weighing a total of no more than 150 pounds, or detonators numbering 5,000 or fewer, shall be stored (i) in accordance with the standards set forth in subsection A, B, or C or (ii) in a separate locked box-type magazine. A box-type magazine may also be used as a distributing magazine when the weight of the explosives or the number of detonators does not exceed the limits set forth in this subsection. Every box-type magazine shall be strongly constructed of two-inch hardwood or the equivalent. Every metal magazine shall be lined with nonsparking material. No magazine shall be placed (a) in a building containing oil, grease, gasoline, wastepaper, or other highly flammable material or (b) within 20 feet of a stove, furnace, open fire, or flame.

E. No magazine shall be placed less than 300 feet from any mine opening. However, if a magazine cannot be practicably located at such distance, it may be located less than 300 feet from a mine opening if it is sufficiently barricaded and is approved by the Chief. Unless approved by the Chief, no magazine shall be located closer to an occupied building, public road, or passenger railway than the distance recommended in the "American Table of Distances for Storage of Explosive Materials" published by the Institute of Makers of Explosives.

F. The supply kept in a distribution magazine shall be limited to approximately a 48-hour supply, and supplies of explosives and detonators may be distributed from the same magazine if they are separated by a substantially fastened hardwood partition at least four inches thick or the equivalent.

G. The area surrounding any magazine shall be kept free of rubbish, dry grass, or other materials of a combustible nature for at least 25 feet in every direction.

H. If an explosives magazine is illuminated electrically, each lamp shall be vapor-proof and installed and wired so as to minimize any fire or contact hazard.

I. Only nonmetallic tools shall be used for opening any wooden explosives container. Extraneous materials shall not be stored with explosives or detonators in an explosives magazine.

J. Smoking or carrying smokers' articles or open flames is prohibited in or near any magazine.

Code 1950, § 45-53.2; 1954, c. 191; 1966, c. 594, § 45.1-44; 1978, c. 729; 1994, c. 28 , § 45.1-161.126; 2005, c. 3 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-560 — Virginia Code / Title 45.2 / Subtitle II / Part A / Chapter 5 / Article 7 / Section 45.2-560
Evaluation of risks at mines
Status: in_force

A. For the purpose of allocating the resources of the Department to be used for conducting additional inspections, the Department shall develop a procedural policy of scheduling such inspections based on an assessment, to be made at least annually, of the comparative risks at each underground coal mine and surface coal mine. The Department shall prepare its procedural policy with the assistance of working groups consisting of persons knowledgeable in mine safety issues. The issuance of the procedural 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, including regulations adopted by the Department or the Board of Coal Mining Examiners, at the mine; and (iii) the frequency rates for nonserious accidents or nonfatal days lost.

B. The Chief shall schedule additional inspections at underground coal mines and surface coal mines based on the rating assigned to a mine reflecting the assessment of its risks compared to other such mines pursuant to the assessment described in subsection A.

1994, c. 28 , § 45.1-161.82; 1997, c. 390 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-820 — Virginia Code / Title 45.2 / Subtitle II / Part B / Chapter 8 / Article 3 / Section 45.2-820
Emergency response plans; list of next of kin
Status: in_force

A. Each operator shall develop an emergency response plan for each mine. The plan shall include (i) a mine emergency communication plan, (ii) an evacuation procedure, (iii) the identification of waterlines, (iv) the number system of brattice, (v) the location of each escapeway, and (vi) such other information as the Chief reasonably requires.

B. The emergency response plan shall be subject to approval by the Chief or mine inspector. The Chief may require periodic updates to an operator's emergency response plan. Such operator shall comply with the requirements of the approved plan.

C. The emergency response plan shall be posted in a conspicuous manner and location readily accessible to all miners, both underground and at the surface of the mine.

D. The operator shall train miners in the implementation of the emergency response plan and shall conduct practice drills. Records of dates and times of practice drills shall be maintained in the emergency response plan.

E. Each miner employed by the operator who goes underground, and each visitor authorized by the operator to enter the mine, shall have available an adequate supply of self-rescue devices, each of which provides at least one hour of protection and is approved by MSHA. The training related to self-rescue devices shall be included in the emergency response plan approved by the Chief.

F. The operator shall maintain a list of the next of kin of all miners employed at the mine. The list shall be kept at the mine site or at a central facility readily accessible to the mine.

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 , § 45.1-161.202; 1996, c. 774 ; 2006, c. 291 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-550 — Virginia Code / Title 45.2 / Subtitle II / Part A / Chapter 5 / Article 5 / Section 45.2-550
Requirements of recovery work
Status: in_force

A. During recovery work and prior to entering any mine, every 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 desirable.

1975, c. 432, § 45.1-33.5; 1984, c. 590; 1994, c. 28 , § 45.1-161.72; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1243 — Virginia Code / Title 45.2 / Subtitle III / Part A / Chapter 12 / Article 4 / Section 45.2-1243
Construction of article; Fund used solely for reclamation
Status: in_force

Nothing in this article shall be construed as vesting in any member any right, title, or interest in the Fund or the disposition of the Fund. The Fund shall be used solely for reclamation of land pursuant to this chapter.

1978, c. 634, § 45.1-197.17; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1118 — Virginia Code / Title 45.2 / Subtitle III / Part A / Chapter 11 / Article 3 / Section 45.2-1118
Reciprocal acceptance of other certifications
Status: in_force

In lieu of conducting an examination prescribed by law or regulation, the Department may issue to any person holding a certificate issued by another state a certificate permitting him to perform similar tasks in the Commonwealth so long as (i) the Department finds that the requirements for certification in such other state are substantially equivalent to those of the Commonwealth and (ii) holders of certificates issued by the Department are permitted to perform similar tasks in such state, and obtain similar certification from such state if required, upon presentation of the certificate issued by the Department and without additional testing, training, or other requirements not directly related to program administration.

1997, c. 390 , § 45.1-161.292:22; 2012, cc. 803 , 835 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1041 — Virginia Code / Title 45.2 / Subtitle II / Part C / Chapter 10 / Article 4 / Section 45.2-1041
Satisfaction of lien
Status: in_force

Any lien acquired under this article shall be satisfied to the extent of the value of the consideration received at the time of transfer of ownership. Any unsatisfied portion shall remain as a lien on the property and shall be satisfied in accordance with this section. If an owner fails to satisfy a lien as provided in this article, the Director may proceed to enforce the lien by a petition filed in a circuit court having jurisdiction wherein the property or some portion thereof is located.

1979, c. 290, § 45.1-269; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1204 — Virginia Code / Title 45.2 / Subtitle III / Part A / Chapter 12 / Article 2 / Section 45.2-1204
Permit Fee Fund
Status: in_force

There is hereby created in the state treasury a special nonreverting fund to be known as the Permit Fee Fund, referred to in this section as "the Fund." The Fund shall be established on the books of the Comptroller. All permit fees and renewal fees collected pursuant to § 45.2-1205 shall be paid into the state treasury and credited to 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 the administration of this chapter. 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.

2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-618 — Virginia Code / Title 45.2 / Subtitle II / Part A / Chapter 6 / Article 4 / Section 45.2-618
Design and construction of retaining dam or mine refuse impoundment; designs and other data to be submitted to Chief
Status: in_force

A. Any new retaining dam or mine refuse impoundment, or the modification of an existing retaining dam or mine refuse impoundment, shall be designed and constructed by or under the direction of a licensed professional engineer. Such requirement shall only apply to a mine refuse impoundment if it is designed to impound water, coal slurry, or silt (i) to an elevation of five feet or more above the upstream toe of the structure and has a storage volume of 20 acre-feet or more or (ii) to an elevation of 20 feet or more measured at the open channel spillway or from the crest of the dam in a closed system, regardless of storage volume. The design, construction specifications, and other related data, including final abandonment plans for such retaining dam or mine refuse impoundment, shall be certified by the licensed professional engineer.

B. No person shall place, construct, enlarge, alter, repair, remove, or abandon any retaining dam or mine refuse impoundment until the operator has filed an application for and received approval from the Chief for such construction or modification. However, routine repairs that do not affect the engineering design criteria or safety of an approved retaining dam or mine refuse impoundment are not subject to such application and approval requirements.

1974, c. 323, § 45.1-222; 1984, c. 590; 1999, c. 256 ; 2005, c. 3 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1011 — Virginia Code / Title 45.2 / Subtitle II / Part C / Chapter 10 / Article 2 / Section 45.2-1011
Operation and reclamation plans
Status: in_force

Each application for a coal surface mining permit pursuant to state regulations shall include an operation plan and a reclamation plan, in such form and containing such information as the Director requires, including the information required under § 508(a) of the federal act, and meeting the requirements of this chapter and regulations adopted by the Director. An operation plan shall not include underground workings. An operation plan and a reclamation plan, as approved by the Director, shall be integral parts of the terms and conditions of a coal surface mining permit.

1979, c. 290, § 45.1-236; 1984, c. 590; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1801 — Virginia Code / Title 45.2 / Subtitle V / Chapter 18 / Article 1 / Section 45.2-1801
Offshore wind energy resources; policy
Status: in_force

It is the policy of the Commonwealth to support federal efforts to examine the feasibility of offshore wind energy being utilized in an environmentally responsible fashion.

2006, c. 939 , § 67-300; 2010, cc. 607 , 756 ; 2020, cc. 451 , 452 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-928 — Virginia Code / Title 45.2 / Subtitle II / Part C / Chapter 9 / Article 9 / Section 45.2-928
Grounding
Status: in_force

A. Every metallic sheath, armor, or conduit enclosing a power conductor shall be electrically continuous throughout and shall be grounded effectively.

B. Every metallic frame, casing, or other enclosure of stationary electric equipment that can become electrified through failure of insulation or by contact with energized parts shall be grounded effectively, or equivalent protection shall be provided.

C. When electric equipment is operated from a three-phase alternating current circuit originating in a transformer that is connected to provide a neutral point, a continuous grounding conductor of adequate size shall be installed and connected to the neutral point and to the frame of the power-utilizing equipment. Such grounding conductor shall be grounded at the neutral point and at intervals along the conductor, if feasible. A suitable circuit breaker or switching device shall be provided having a ground-trip coil connected in series with the grounding conductor to provide effective ground-fault tripping.

1966, c. 594, § 45.1-79; 1994, c. 28 , § 45.1-161.281; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-915 — Virginia Code / Title 45.2 / Subtitle II / Part C / Chapter 9 / Article 6 / Section 45.2-915
Haulage and mobile equipment; operating condition
Status: in_force

A. All mobile equipment shall be maintained in a safe operating condition.

B. Positive-acting stopblocks shall be used where necessary to protect persons from the danger of moving or runaway haulage equipment.

C. Where it is necessary for persons to cross conveyors regularly, suitable crossing facilities shall be provided.

D. No person shall get on or off moving equipment.

E. When the equipment operator is present, any person getting on or off mobile equipment shall notify the operator before doing so.

F. Mobile equipment shall not be left unattended unless the brakes are set. Mobile equipment with wheels or tracks, when parked on a grade, shall either be blocked or turned in to a bank unless the lowering of the bucket or blade to the ground will prevent movement and such bucket or blade is lowered.

G. No person shall work on or from a piece of mobile equipment in a raised position unless the equipment is specifically designed to lift a person.

H. Water, debris, or spilled materials that could create a hazard to moving equipment shall be removed.

I. Where seating facilities are provided on self-propelled mobile equipment, the operator shall be seated before such equipment is moved. No person shall be allowed to ride on top of self-propelled mobile equipment.

J. The operator of a piece of self-propelled haulage equipment shall sound a warning before he starts such equipment and as he approaches any place where a person is or is likely to be.

K. Each mantrip shall be operated independently under the charge of an authorized person.

L. Each mantrip shall be maintained in safe operating condition. Mantrips shall be provided in sufficient number to prevent any mantrip from becoming overloaded.

M. No employee shall board or leave a moving mantrip. Each employee shall remain seated while in a moving car and shall proceed in an orderly manner to and from a mantrip.

Code 1950, §§ 45-69.1 to 45-69.3, 45-69.5; 1954, c. 191; 1966, c. 594, §§ 45.1-71 to 45.1-74; 1979, c. 315; 1983, c. 70; 1985, cc. 296, 302; 1994, c. 28 , § 45.1-161.268; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-841 — Virginia Code / Title 45.2 / Subtitle II / Part B / Chapter 8 / Article 4 / Section 45.2-841
Permanent stoppings
Status: in_force

A. Permanent stoppings shall be built and maintained:

1. Between each intake and return air course, except that temporary controls may be used in any room that is located 600 feet or less from the centerline of the entry from which the room was developed. Unless otherwise approved by the Chief, such stoppings shall be maintained to and inclusive of the third connecting crosscut outby the working face.

2. To separate each belt conveyor haulage entry from any return air course, except where a belt entry is used as a return air course.

3. To separate the primary escapeway from any belt or trolley haulage entry, unless otherwise approved by the Chief.

4. In each return air course to direct air into adjacent worked-out areas.

B. Permanent stoppings shall be built of substantial, incombustible material such as concrete, concrete block, brick, tile, or other approved material; however, where physical conditions prohibit the use of such materials, timbers laid longitudinally "skin to skin" may be used.

C. The use of an air lock in the permanent intake stopping line near the section loading point is permitted to access the belt and transport supplies.

D. Stoppings shall be maintained to serve the purpose for which they were built and shall be reasonably airtight.

Code 1950, § 45-60.4; 1954, c. 191; 1966, c. 594, § 45.1-59; 1978, c. 729; 1994, c. 28 , § 45.1-161.224; 1996, c. 774 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-558 — Virginia Code / Title 45.2 / Subtitle II / Part A / Chapter 5 / Article 6 / Section 45.2-558
Duties of mine inspectors
Status: in_force

Each mine inspector shall:

1. Report to his supervisor immediately by the quickest available means any mine fire or explosion or any accident that results in loss of life or serious personal injury;

2. Proceed immediately to the scene of any accident at any mine under his jurisdiction that results in loss of life or serious personal injury and to the scene of any mine fire or explosion regardless of whether there is loss of life or serious personal injury;

3. Make such investigation and suggestions and render such assistance as he deems necessary for the future safety of the employees and make a complete report to his supervisor as soon as practicable;

4. Provide assistance to mine rescue and recovery operations whenever a mine fire or explosion or any accident that results in loss of life or serious personal injury occurs; and

5. Monitor the reopening of every mine or section thereof that has been sealed or abandoned on account of mine fire or explosion, serious accident, or any other cause in accordance with a plan approved by the Chief.

Code 1950, §§ 45-4.1, 45-7, 45-9, 45-12, 45-68.4, 45-69, 45-73, 45-74, 45-75, 45-78, 45-79, 45-81, 45-83; 1950, p. 156; 1954, c. 191; 1966, c. 594, §§ 45.1-5, 45.1-21; 1976, c. 598; 1978, cc. 120, 222, 489; 1982, c. 255; 1984, cc. 178, 236, 590; 1985, c. 448; 1987, c. 470; 1988, c. 577; 1990, c. 963; 1993, cc. 171, 442; 1994, c. 28 , § 45.1-161.80; 1996, c. 774 ; 1999, c. 256 ; 2005, c. 3 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1623 — Virginia Code / Title 45.2 / Subtitle IV / Chapter 16 / Article 2 / Section 45.2-1623
Conflicting claims of ownership; arbitration
Status: in_force

A. The Board shall enter an order requiring that the matter of disputed ownership be submitted to arbitration and notify the circuit court in the jurisdiction in which the majority of the subject tract is located (i) upon written request from all claimants to the ownership of coalbed methane gas related to the subject tract under § 45.2-1622 ; (ii) upon receipt of an affidavit executed by all such claimants affirming that there is no other known surface owner, gas or oil owner, coal owner, mineral owner, or operator of a gas storage field certificated by the State Corporation Commission having an interest underlying the subject tract; (iii) after a hearing noticed pursuant to subsection B of § 45.2-1618 ; and (iv) upon a determination by the Department whether sufficient funds are available to pay the estimated costs of the arbitration pursuant to subsection F. Within 30 days of receipt of the notice from the Board, the circuit court shall appoint an attorney from the list maintained by the Department pursuant to subsection C or, at the discretion of the court, another attorney meeting the qualifications set forth in subsection C. Prior to his appointment as an arbitrator of a particular dispute, the attorney shall certify to the circuit court that he has not derived more than 10 percent of his income during any of the preceding three years from any (a) claimants asserting ownership or rights in the subject tract or (b) affiliated entities or immediate family members of such claimants. If the attorney cannot provide such certification, he shall notify the circuit court and he will be disqualified from serving as arbitrator for that particular dispute.

B. The Department shall send notice to all claimants if it determines that there are insufficient funds to pay the estimated costs of the arbitration pursuant to subsection F. The claimants may, by unanimous agreement, proceed with the arbitration process, notify the Board of such agreement, and bear the costs to the extent of the insufficiency. If the parties do not agree, the arbitration shall be delayed until such funds are available.

C. To be qualified as an arbitrator, a candidate shall (i) be an attorney licensed in the Commonwealth; (ii) have at least 10 years of experience in real estate law, including substantial expertise in mineral title examination; and (iii) disclose to the Board whether he has been engaged within the preceding three years by any person in a matter subject to the jurisdiction of the Board or the Department under this chapter. The Department shall solicit applications from attorneys meeting the qualifications set forth in this subsection and maintain a list of attorneys qualifying as arbitrators for use by the circuit courts. The Department shall update its list at least once annually. To maintain qualification, each attorney whose name appears on the list shall update annually his disclosures as set forth in clause (iii).

D. The arbitrator shall determine a time and place for the arbitration hearing and cause written notification of such hearing to be served on each surface owner, gas or oil owner, coal owner, mineral owner, or operator of a gas storage field certificated by the State Corporation Commission having an interest underlying the tract that is the subject of the hearing. Parties shall be served personally or by certified mail, return receipt requested, not less than 14 days before the hearing. Appearance at the hearing waives such party's right to challenge notice. Any party to the arbitration has the right to representation before the arbitrator pursuant to § 8.01-581.05 . In accordance with § 8.01-581.06 , the arbitrator may issue subpoenas for the attendance of witnesses and for the production of books, records, documents, and other evidence; administer oaths; and, upon application by a party to the arbitration, permit the taking of depositions for use as evidence. The arbitrator shall hear and determine the controversy upon the evidence and consistent with applicable law, notwithstanding the failure of a party to appear at the hearing.

E. The arbitrator shall issue his determination as to the ownership in the coalbed methane gas and entitlement to proceeds held in escrow within six months from the order of the Board requiring the matter be submitted to arbitration, unless a longer period is otherwise agreed to by all parties. Such determination shall be in writing and sent to the Board and to each party to whom notice is required to be given under subsection D.

F. Upon the issuance of the arbitrator's determination of ownership and subject to the availability of funds, the fees and expenses of the arbitration, but not including fees or costs of counsel engaged by the respective claimants or any other costs of the claimants, shall be paid from the accrued interest on general escrow account funds.

G. An arbitrator's determination rendered pursuant to subsection E shall be binding upon the parties, and upon request of any party to the arbitration such determination may be entered as the judgment of the circuit court responsible for appointing the arbitrator under subsection A.

H. Upon application of any party to the arbitration, a determination rendered pursuant to subsection E may be confirmed, vacated, corrected, or appealed pursuant to the grounds set forth in Chapter 21 (§ 8.01-577 et seq.) of Title 8.01.

2010, c. 442 , § 45.1-361.22:1; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1721 — Virginia Code / Title 45.2 / Subtitle V / Chapter 17 / Article 6 / Section 45.2-1721
(Effective until July 1, 2029) Annual report
Status: in_force

On or before October 15 of each year, beginning in 2020, the Authority shall submit an annual summary of its activities and recommendations to the Governor and the Chairmen of the House Committee on Appropriations, the Senate Committee on Finance and Appropriations, the House Committee on Labor and Commerce, and the Senate Committee on Commerce and Labor.

2019, cc. 555 , 556 , § 67-1604; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-504 — Virginia Code / Title 45.2 / Subtitle II / Part A / Chapter 5 / Article 1 / Section 45.2-504
Age requirement to work in mines
Status: in_force

A. No person under 18 years of age shall be permitted to work in or around any mine.

B. No operator, agent, or mine foreman shall make a false statement as to the age of any person under 18 years of age applying for work in or around any mine.

Code 1950, § 45-16; 1954, c. 191; 1966, c. 594, § 45.1-32; 1972, c. 154; 1994, c. 28 , § 45.1-161.11; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1626 — Virginia Code / Title 45.2 / Subtitle IV / Chapter 16 / Article 2 / Section 45.2-1626
Enforcement
Status: in_force

The Director shall enforce the provisions of this article pursuant to the provisions of Article 3 (§ 45.2-1629 et seq.). In addition, if any person violates or threatens to violate any provision of this article, regulation adopted thereunder, or order of the Board, the Board may maintain suit to restrain any such violation or threatened violation.

1982, c. 347, § 45.1-306; 1990, c. 92, § 45.1-361.24; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1218 — Virginia Code / Title 45.2 / Subtitle III / Part A / Chapter 12 / Article 2 / Section 45.2-1218
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.

2017, c. 4 , § 45.1-186.6; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1116 — Virginia Code / Title 45.2 / Subtitle III / Part A / Chapter 11 / Article 3 / Section 45.2-1116
Performance of certain tasks by uncertified persons; penalty
Status: in_force

It is unlawful for any person to perform any task requiring Department certification unless he has been certified. It is unlawful for an operator or his agent to permit any uncertified person to perform such task. A violation of this section constitutes a Class 1 misdemeanor. Each day of operation without a required certification constitutes a separate offense. A certificate issued by the Board of Mineral Mining Examiners prior to July 1, 2012, shall be acceptable as a certificate issued by the Department until the Department provides otherwise by appropriate regulations.

1997, c. 390 , § 45.1-161.292:21; 2012, cc. 803 , 835 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1012 — Virginia Code / Title 45.2 / Subtitle II / Part C / Chapter 10 / Article 2 / Section 45.2-1012
Revision of permits
Status: in_force

A. The process for revision of a permit is as follows:

1. During the term of a permit, the permittee may submit an application for a revision of such permit, together with a revised operation plan and reclamation plan, to the Director.

2. An application for a revision of a permit shall not be approved unless the Director finds that reclamation as required by the federal act and state regulations can be accomplished under the revised reclamation plan. The Director shall establish by regulation the period of time within which the revision shall be approved or disapproved, as well as parameters for a determination of the scale or extent of a revision request for which all permit application information requirements and procedures, including notice and hearings, shall apply; however, any revisions that propose significant alterations in the operation plan or reclamation plan shall, at a minimum, be subject to notice and hearing requirements.

3. Any extension to the area covered by the permit, except an insignificant boundary revision, shall be made by application for another permit.

B. The Director shall, within a time limit prescribed in regulations adopted by him, review each outstanding permit and may require reasonable revision or modification of the permit provisions during the term of any permit; however, such revision or modification shall be based upon a written finding and subject to notice and hearing requirements.

1979, c. 290, § 45.1-236; 1984, c. 590; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1232 — Virginia Code / Title 45.2 / Subtitle III / Part A / Chapter 12 / Article 3 / Section 45.2-1232
Acceptance of federal funds, gifts, etc
Status: in_force

The Director is authorized (i) to accept federal funds or gifts or grants from any source for the purposes of this article; (ii) to acquire by gift or purchase, but not by the exercise of the power of eminent domain, any orphaned lands whose acquisition he judges to be in the public interest; and (iii) to utilize any such funds, gifts, or grants for the purposes of this article.

1978, c. 634, § 45.1-197.7; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1049 — Virginia Code / Title 45.2 / Subtitle II / Part C / Chapter 10 / Article 5 / Section 45.2-1049
Forfeiture of bonds on operations participating in the Fund; alternative remedies
Status: in_force

A. Forfeiture of bonds of an operation participating in the Fund shall be accomplished as set forth in § 45.2-1023 and the regulations adopted by the Director.

B. In addition to forfeiture, the Director may proceed against the permittee of a surface coal mining operation under the provisions of subsection F of § 45.2-1020 by filing a civil action for injunctive or other relief in any court of competent jurisdiction to compel the permittee to perform the reclamation work in full compliance with this chapter, the regulations, and approved permit plans. Any injunctive relief shall be granted without the necessity of pleading or proving inadequate remedy at law or irreparable harm, and no bond shall be required.

C. Proceedings under either subsection A or B shall not constitute a waiver by the Director to proceed under the other subsection, nor shall the commencement of action under one subsection constitute an election to proceed solely under that subsection.

1987, c. 468, § 45.1-270.5:1; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-825 — Virginia Code / Title 45.2 / Subtitle II / Part B / Chapter 8 / Article 3 / Section 45.2-825
Arcs, sparks, and flames
Status: in_force

A. The intentional creation of any open arc, open spark, or open flame, except as provided in subsection B, is prohibited.

B. Any underground (i) welding or cutting with arc or flame or (ii) soldering, unless conducted in a fireproof enclosure that is ventilated with intake air, shall be done by or under the direct instruction of a certified foreman or repairman. A person certified in gas detection shall test for methane before and during such welding, cutting, or soldering operation in an underground coal mine and shall make a diligent search for fire after such an operation in all parts of the mine where such operation occurred. Rock dust or a suitable fire extinguisher shall be immediately available during such welding or cutting. Any welding operation shall be performed only in a well-ventilated area.

Code 1950, §§ 45-72, 45-82.7; 1954, c. 191; 1966, c. 594, § 45.1-98; 1978, c. 729; 1993, cc. 389, 442; 1994, c. 28 , § 45.1-161.207; 1999, c. 256 ; 2005, c. 3 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1242 — Virginia Code / Title 45.2 / Subtitle III / Part A / Chapter 12 / Article 4 / Section 45.2-1242
Discontinuance of Fund
Status: in_force

If the Fund is discontinued, any amounts remaining in the Fund shall be returned to the members in proportion to the amount that each member has paid.

1978, c. 634, § 45.1-197.16; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1161 — Virginia Code / Title 45.2 / Subtitle III / Part A / Chapter 11 / Article 8 / Section 45.2-1161
Violations; penalties
Status: in_force

Any person convicted of willfully violating any provision of the Act, unless otherwise specified in the Act, is guilty of a Class 1 misdemeanor.

1997, c. 390 , § 45.1-161.292:67; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1132 — Virginia Code / Title 45.2 / Subtitle III / Part A / Chapter 11 / Article 4 / Section 45.2-1132
When the Director may cause maps to be made; payment of expense
Status: in_force

A. If a licensed mine operator or his agent neglects or fails to furnish to the Director a copy of any map or extension thereof, as provided in § 45.2-1131 , the Director may cause a correct survey and map of such mine or extension to be made at the expense of the licensed operator of such mine. The expense of making such survey and map or extension thereof shall be recovered from such licensed operator as other debts are recoverable by a civil action.

B. If at any time the Director has reason to believe that a map or extension furnished pursuant to § 45.2-1131 is substantially incorrect or will not serve the purpose for which it is intended, he may have a survey and map or extension thereof made or corrected. The expense of making such survey and map or extension thereof shall be paid by the licensed operator and recovered from such licensed operator as other debts are recoverable by a civil action. However, if the map filed by the licensed operator is found to be substantially correct, the expense shall be paid by the Commonwealth.

1997, c. 390 , § 45.1-161.292:38; 1998, c. 695 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1042 — Virginia Code / Title 45.2 / Subtitle II / Part C / Chapter 10 / Article 4 / Section 45.2-1042
Miscellaneous powers of Director
Status: in_force

A. In addition to any other remedies provided for in this chapter, the Director may petition any court of competent jurisdiction for an injunction to restrain any interference with the exercise of the right to enter or to conduct any work pursuant to this chapter.

B. The Director is authorized, to the extent of funds available for the purposes herein, to construct and operate plants for the control and treatment of water pollution resulting from mine drainage. Such plants may include major intercepters and other facilities appurtenant to such plants. No such control or treatment shall in any way be less than that required under the federal Clean Water Act.

C. The Director may transfer funds to other appropriate state or local agencies in order to carry out the reclamation authorized by this article.

1979, c. 290, § 45.1-270; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1240 — Virginia Code / Title 45.2 / Subtitle III / Part A / Chapter 12 / Article 4 / Section 45.2-1240
Decreases in size of Fund
Status: in_force

Whenever the size of the Fund decreases to less than $2 million, the Director shall suspend the return of payments pursuant to § 45.2-1237 and shall assess all members an equal amount for each affected acre, for a total amount sufficient to raise the Fund to $2 million. In lieu of such assessment, all members shall at the request of the Director post bonds or other securities within six months after the Director so notifies the members. Failure of a member to post bond or other surety or to pay the required assessment shall result in the revocation of the permit of the member and the forfeiture of the member's payments in accordance with § 45.2-1238 .

1978, c. 634, § 45.1-197.14; 2017, c. 4 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1117 — Virginia Code / Title 45.2 / Subtitle III / Part A / Chapter 11 / Article 3 / Section 45.2-1117
Examination fees; Mineral Mining Examiners' Fund
Status: in_force

A. A fee of $10 shall be paid to the Director by each person examined before the commencement of the examination.

B. There is hereby created in the state treasury a special nonreverting fund to be known as the Mineral Mining Examiners' Fund, referred to in this section as "the Fund." The Fund shall be established on the books of the Comptroller. All fees collected pursuant to subsection A, together with moneys collected pursuant to § 45.2-1119 , shall be paid into the state treasury and credited to 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.

C. The Fund shall be administered by the Director, and moneys in the Fund shall be used solely for the purposes of payment of the cost of printing certificates and other necessary forms and the incidental expenses incurred by the Department in conducting examinations, reviewing examination papers, and conducting its other duties pursuant to this article. 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. The Director shall keep accounts and records concerning the receipts and expenditures of the Fund as required by the Auditor of Public Accounts.

1997, c. 390 , § 45.1-161.292:22; 2012, cc. 803 , 835 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-2101 — Virginia Code / Title 45.2 / Subtitle V / Chapter 21 / Article 1 / Section 45.2-2101
Nuclear energy; strategic plan
Status: in_force

A. The Department and the Secretaries of Commerce and Trade and Education shall work in coordination with the Authority, established pursuant to Article 2 (§ 45.2-2102 ), and the Virginia Economic Development Partnership Authority, established pursuant to Article 4 (§ 2.2-2234 et seq.) of Chapter 22 of Title 2.2, to develop a strategic plan for nuclear energy as part of the Commonwealth's overall goal of carbon-free energy.

B. Such plan may include (i) the promotion of new technologies and opportunities for innovation, including advanced manufacturing; (ii) the establishment of a collaborative research center and university nuclear leadership program to promote education in fields that meet the workforce demands of Virginia's nuclear industry; and (iii) recognition of the role of nuclear energy in the Commonwealth's goal of employing 100 percent carbon-free sources of energy by 2050.

C. Such plan shall be completed by October 1, 2020, updated every four years thereafter, and published on the Internet by the Authority.

2020, cc. 657 , 658 , § 67-1700; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-817 — Virginia Code / Title 45.2 / Subtitle II / Part B / Chapter 8 / Article 2 / Section 45.2-817
Inspection of electric illumination equipment
Status: in_force

Every lamp, extension light, and permissible form of portable illumination, such as a cap lamp or flashlight, that is used for personal illumination underground shall be inspected by an authorized person at least once per week, and more often if necessary, to ensure safe operating conditions. When such equipment is located at the surface, it shall be inspected by an authorized person at least once per month, and more often if necessary, to ensure safe operating conditions. Any defect found shall be corrected.

1966, c. 594, § 45.1-85; 1978, c. 118; 1993, c. 442; 1994, c. 28 , § 45.1-161.173; 1999, c. 256 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-109 — Virginia Code / Title 45.2 / Subtitle I / Chapter 1 / Article 2 / Section 45.2-109
Using or revealing proprietary information
Status: in_force

Notwithstanding any provision of law to the contrary, neither the State Geologist nor any employee or agent of the Division shall make use of or reveal any proprietary information or statistic gathered from any source for any purpose other than that of this chapter, except with the express written consent of the source of such information or statistic. The State Geologist shall not reveal such information to the Director or any other employee of the Department who is not employed within the Division.

1984, c. 590, § 45.1-385; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1403 — Virginia Code / Title 45.2 / Subtitle III / Part B / Chapter 14 / Section 45.2-1403
Flame safety lamps
Status: in_force

No flame safety lamp shall be used for detecting methane. The Director shall determine whether flame safety lamps shall constitute approved devices for detecting oxygen deficiency. If flame safety lamps are approved for such purpose, the Director shall establish standards for their use and maintenance.

Code 1950, § 45-69.7; 1954, c. 191; 1966, c. 594, § 45.1-64; 1993, c. 442; 1994, c. 28 , § 45.1-161.297; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1704 — Virginia Code / Title 45.2 / Subtitle V / Chapter 17 / Article 2 / Section 45.2-1704
Application of article
Status: in_force

The provisions of this article shall not apply to any new construction project undertaken by a public body.

2001, c. 219 , § 11-34.4; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-764 — Virginia Code / Title 45.2 / Subtitle II / Part B / Chapter 7 / Article 9 / Section 45.2-764
Housekeeping; noxious fumes
Status: in_force

A. Good housekeeping shall be practiced in and around every building, shaft, slope, yard, or other area of a mine. Such practice includes cleanliness, orderly storage of materials, and the removal of possible sources of injury, such as stumbling hazards, protruding nails, broken glass, and possible falling and rolling materials.

B. Painting or conducting any operation that creates noxious fumes shall be performed only in a well-ventilated atmosphere.

C. Every surface mine structure, enclosure, or other facility shall be maintained in good repair.

Code 1950, §§ 45-85.5, 45-85.8; 1954, c. 191; 1966, c. 594, §§ 45.1-34, 45.1-37; 1978, c. 729; 1994, c. 28 , § 45.1-161.236; 2005, c. 3 ; 2021, Sp. Sess. I, c. 387 .