Va. Code Ann. § 45.2-1637 — Virginia Code / Title 45.2 / Subtitle IV / Chapter 16 / Article 3 / Section 45.2-1637
Objections to permits; hearing
Status: in_force

A. Objections to a new permit or permit modification may be filed with the Director by any person having standing as set out in § 45.2-1632 . Such objections shall be filed within 15 days of the objecting party's receipt of the notice required by § 45.2-1632 . Any person objecting to a permit shall state the reasons for his objections.

B. The only objections to permits or permit modifications that may be raised by a surface owner are:

1. The operations plan for soil erosion and sediment control is not adequate or not effective;

2. Measures in addition to the requirement for a well's water-protection string are necessary to protect freshwater-bearing strata;

3. The permitted work will constitute a hazard to the safety of any person;

4. Location of the coalbed methane well or coalbed methane well pipeline will unreasonably infringe on the surface owner's use of the surface, so long as a reasonable alternative site is available within the unit and granting the objection will not materially impair any right contained in an agreement, valid at the time of the objection, between the surface owner and the operator or their predecessors or successors in interest; and

5. If the surface owner is an interstate park commission, the location of the well or pipeline will unreasonably infringe on the surface owner's use of the surface, so long as a reasonable alternative site is available within the unit and granting the objection will not materially impair any right contained in an agreement, valid at the time of the objection, between the surface owner and the operator or their predecessors or successors in interest.

C. The only objections to permits or permit modifications that may be raised by a royalty owner are that the proposed well work:

1. Directly impinges upon the royalty owner's gas and oil interest;

2. Threatens to violate the objecting royalty owner's property or statutory rights aside from his contractual rights; and

3. Would not adequately prevent the escape of the Commonwealth's gas and oil resources or provide for the accurate measurement of gas and oil production and delivery to the first point to sale.

D. Objections to permits or permit modifications may be raised by a coal owner or operator pursuant to the provisions of §§ 45.2-1611 and 45.2-1612 .

E. The only objections to permits or permit modifications that may be raised by a mineral owner are those that could be raised by a coal owner under § 45.2-1611 , so long as the mineral owner makes the objection and affirmatively proves that it does in fact apply with equal force to the mineral in question.

F. The only objections to permits or permit modifications that may be raised by a gas storage field operator are those in which the gas storage operator affirmatively proves that the proposed well work will adversely affect the operation of his gas storage field certificated by the State Corporation Commission; however, nothing in this subsection shall be construed to preclude the owner of nonstorage strata from drilling a well for the purpose of producing oil or gas from any stratum above or below the storage stratum.

G. The Director shall fix a time and place for an informal fact-finding hearing concerning an objection filed pursuant to this section. The hearing shall be scheduled for not less than 20 nor more than 30 days after the objection is filed. The Director shall prepare a notice of the hearing, stating all objections and by whom each is made, and send a copy of such notice by certified mail, return receipt requested, at least 10 days prior to the hearing date to the permit applicant and to every person with standing to object as prescribed by § 45.2-1632 .

H. At the hearing, if the parties fail to come to an agreement, the Director shall proceed to decide the objection pursuant to the provisions of the Administrative Process Act (§ 2.2-4000 et seq.) relating to informal fact-finding procedures.

1982, c. 347, §§ 45.1-315, 45.1-316, 45.1-317; 1987, c. 452; 1989, c. 529; 1990, c. 92, § 45.1-361.35; 1996, c. 854 ; 1998, c. 228 ; 2002, c. 277 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1235 — Virginia Code / Title 45.2 / Subtitle III / Part A / Chapter 12 / Article 4 / Section 45.2-1235
Membership in Fund; payments required
Status: in_force

Each operator who has had five years of satisfactory operation in the Commonwealth under Chapter 12 (§ 45.2-1200 et seq.) shall become a member of the Fund by making an initial payment to the Fund of $50 for each acre estimated to be affected by mining operations during the next year. Thereafter, the member shall, within 10 days following the anniversary date of each permit issued to the member, make a payment to the Fund of $12.50 for each acre estimated to be affected by mining operations during the next year. Such payments shall continue to be made until the member has paid into the Fund a total of $500 for each acre estimated to be affected under the permits issued to the member.

1978, c. 634, § 45.1-197.9; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-760 — Virginia Code / Title 45.2 / Subtitle II / Part B / Chapter 7 / Article 8 / Section 45.2-760
Availability of mantrips
Status: in_force

The operator or his agent shall maintain a mantrip or other equipment suitable for providing reasonable access within a reasonable time to any area of the mine where miners are working and where transportation is ordinarily provided. The suitability of the equipment and the reasonableness of the time required to reach such an area of the mine shall be determined by the Chief.

1994, c. 28 , § 45.1-161.149; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-2003 — Virginia Code / Title 45.2 / Subtitle V / Chapter 20 / Article 1 / Section 45.2-2003
Findings; clarification of nature of the resource
Status: in_force

Geothermal resources are found and hereby declared to be sui generis, being neither mineral resources nor water resources. No mineral estate shall be construed to include geothermal resources unless such inclusion is explicit in the terms of the deed or other instrument of conveyance.

1981, c. 506, § 45.1-179.5; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-615 — Virginia Code / Title 45.2 / Subtitle II / Part A / Chapter 6 / Article 3 / Section 45.2-615
Restoration of property to owner or operator
Status: in_force

A. Whenever (i) the owner or operator engaged in the business of the mining, production, or marketing of coal whose property has been acquired by the Commission notifies the Commission in writing that he can and will resume operation and render normal service, and satisfies the Commission of the correctness of such notice, or (ii) in the judgment of the Governor, the emergency declared by him no longer exists, the Commission shall restore the possession of the property so acquired by it to such owner or operator upon his request. In the event the Commission refuses such restoration of possession, the owner or operator shall have the right to have a ruling issued requiring the Commission to show cause why such possession shall not be restored, and the court shall determine the matter as provided in this section.

B. Any such owner or operator shall be entitled to receive reasonable, proper, and lawful compensation for the use of the property acquired by the Commonwealth pursuant to this article and shall be paid such compensation out of the state treasury. In the event the Commission has acquired such property by purchase, the owner or operator from whom it was acquired shall, upon reacquisition, repay the purchase price less fair compensation for the use of such property. In the event the Commission and the owner or operator are unable to agree upon the amount of such compensation, either party in interest may file a petition in the circuit court for the county or city in which the property is located for the purpose of having the amount of compensation judicially determined. The court shall, without a jury, hear such evidence and argument of counsel as it deems appropriate and (i) render judgment thereon or (ii) refer to a commissioner such questions as are considered proper and act upon the commissioner's report as in any other civil proceeding. An appeal shall lie to the Court of Appeals from any final judgment of the court rendered upon the provisions of this article.

Code 1950, § 45-153; 1950, p. 32; 1966, c. 594, § 45.1-153; 1994, c. 28 , § 45.1-161.322; 2021, Sp. Sess. I, cc. 387 , 489 .
Va. Code Ann. § 45.2-835 — Virginia Code / Title 45.2 / Subtitle II / Part B / Chapter 8 / Article 4 / Section 45.2-835
Auxiliary fans
Status: in_force

A. The installation or use of an auxiliary fan in any mine is prohibited without the prior written approval of the Chief.

B. A machine-mounted scrubber and spray fan system may be used for control of coal dust and enhancement of ventilation. Such an installation is not considered an auxiliary fan.

Code 1950, § 45-60.2; 1954, c. 191; 1966, c. 594, § 45.1-55; 1993, c. 442; 1994, c. 28 , § 45.1-161.218; 2005, c. 3 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-935 — Virginia Code / Title 45.2 / Subtitle II / Part C / Chapter 9 / Article 12 / Section 45.2-935
Inspection of electric equipment and wiring; checking and testing methane monitors
Status: in_force

Electric equipment and wiring that extends to an underground area shall be inspected by a certified person at least once a week and more often if necessary to ensure safe operating conditions. Any hazardous condition found shall be corrected or the equipment or wiring shall be removed from service. Such surface inspection is also required for any trailing cable or circuit breaker used in conjunction with such equipment and wiring.

1966, c. 594, § 45.1-85; 1978, c. 118; 1993, c. 442; 1994, c. 28 , § 45.1-161.288; 2005, c. 3 ; 2011, cc. 826 , 862 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1024 — Virginia Code / Title 45.2 / Subtitle II / Part C / Chapter 10 / Article 2 / Section 45.2-1024
Performance of reclamation operations by Director
Status: in_force

In the event of forfeiture of a performance bond, in whole or in part, the Director shall deposit the proceeds in the state treasury in a special fund to be used by the Director to complete the reclamation plan and other regulatory requirements pertaining to the operation for which the forfeited bond had been posted. The Director may use the resources and facilities of the Division or enter into contracts for performance of such reclamation with any person, any soil conservation district, or any agency of the state or federal government. After completion of the reclamation and payment of all costs and administrative expenses associated with the completion of reclamation, any additional funds from the forfeiture of the bond shall be returned.

1979, c. 290, § 45.1-248; 1984, c. 590; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-104 — Virginia Code / Title 45.2 / Subtitle I / Chapter 1 / Article 1 / Section 45.2-104
Powers and duties of Director
Status: in_force

The Director, under the direction and control of the Governor, shall exercise the powers and perform the duties conferred or imposed upon him by law and shall perform any other duties required of him by the Governor.

1984, c. 590, § 45.1-1.4; 1994, c. 28 , § 45.1-161.4; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-807 — Virginia Code / Title 45.2 / Subtitle II / Part B / Chapter 8 / Article 2 / Section 45.2-807
Power circuits
Status: in_force

A. All underground power wires and cables shall (i) have adequate current-carrying capacity, (ii) be guarded from mechanical injury, and (iii) be installed in a permanent manner.

B. Wires and cables that are not encased in armor shall be supported by well-installed insulators and shall not touch any roof, rib, or combustible material; however, this prohibition shall not apply to ground wires, grounded power conductors, or trailing cables.

C. Power wires or cables that are installed in a belt-haulage slope shall be insulated adequately and buried in a trench at least one foot below any combustible material, unless such wires or cables are encased in armor or otherwise fully protected against mechanical injury.

D. Any splice or repair in a power cable shall:

1. Be mechanically strong and have adequate electrical conductivity;

2. Be effectively insulated and sealed so as to exclude moisture;

3. If the cable has metallic armor, possess mechanical protection and electrical conductivity equivalent to that of the original armor; and

4. If the cable has metallic shielding around each conductor, possess new shielding that is equivalent to the original shielding.

E. Every underground high-voltage transmission cable shall be:

1. Installed only in a regularly inspected airway;

2. Covered, buried, or placed on insulators so as to afford protection against damage by derailed equipment if it is installed along a haulage road;

3. Guarded if miners regularly work or pass under such cable, unless it is at least 6.5 feet above the floor or rail;

4. Securely anchored, properly insulated, and guarded at its ends; and

5. Covered, insulated, or placed to prevent contact with any trolley circuit or other low-voltage circuit.

F. Any new high-voltage disconnect that is installed on underground electrical equipment shall automatically ground all three power leads when in the open position. Every high-voltage disconnect that is rebuilt or remanufactured after July 1, 2011, shall meet this standard.

G. Every power wire or cable shall be insulated adequately where it passes into or out of an electrical compartment and where it passes through a door or stopping.

H. Where track is used as a power conductor:

1. Both rails of main-line tracks shall be welded or bonded at every joint, and cross bonds shall be installed at intervals of not more than 200 feet. If the rails are paralleled with a feeder circuit of like polarity, such paralleled feeder shall be bonded to the track rails at intervals of not more than 1,000 feet;

2. At least one rail on any secondary track-haulage road shall be welded or bonded at every joint, and cross bonds shall be installed at intervals of not more than 200 feet; and

3. Track switches on entries shall be well bonded.

Code 1950, §§ 45-82, 45-82.1; 1954, c. 191; 1966, c. 594, § 45.1-78; 1993, c. 442; 1994, c. 28 , § 45.1-161.186; 1996, c. 774 ; 1999, c. 256 ; 2005, c. 3 ; 2011, cc. 826 , 862 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-850 — Virginia Code / Title 45.2 / Subtitle II / Part B / Chapter 8 / Article 4 / Section 45.2-850
Intentionally bypassing a safety device; prohibition
Status: in_force

A. No person shall intentionally bypass, bridge, or otherwise impair an electrical or hydraulic circuit that affects the safe operation of electrical or mechanical equipment.

B. The provisions of subsection A shall not prohibit (i) a certified electrical repairman from bypassing an energized circuit for troubleshooting; (ii) 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 adjustment or to move the equipment to a safe location; (iii) an authorized person from bypassing a hydraulic circuit for the purpose of troubleshooting or moving equipment to a safe location in order to make necessary repairs or take such equipment out of service; or (iv) an authorized person from activating an override feature that is designed by the machine manufacturer to allow such machine to be moved to a safe location in order to undergo necessary repairs or be taken out of service.

2005, c. 3 , § 45.1-161.233:1; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-756 — Virginia Code / Title 45.2 / Subtitle II / Part B / Chapter 7 / Article 8 / Section 45.2-756
Riding on cars
Status: in_force

A. No person other than the motorman and the trip rider shall ride on a locomotive unless authorized by the mine foreman.

B. No person shall ride on a loaded car or between cars of any trip.

C. No person shall get on or off a moving locomotive or a car that is being moved by a locomotive.

D. No person shall be allowed to ride on top of a piece of self-propelled mobile equipment.

Code 1950, § 45-69.1; 1954, c. 191; 1966, c. 594, § 45.1-73; 1979, c. 315; 1983, c. 70; 1985, c. 302; 1994, c. 28 , § 45.1-161.145; 1996, c. 774 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-551 — Virginia Code / Title 45.2 / Subtitle II / Part A / Chapter 5 / Article 5 / Section 45.2-551
State-designated mine rescue teams
Status: in_force

The Director may, upon the request of an 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 shall be eligible to be a state-designated mine rescue team. Following the designation of any such teams, 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 mine rescue teams to the operator. An operator who has paid the rescue fee is entitled to the rescue services of a state-designated mine rescue team at no additional charge.

1985, c. 496, § 45.1-33.5:1; 1994, c. 28 , § 45.1-161.73; 1996, c. 774 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1113 — Virginia Code / Title 45.2 / Subtitle III / Part A / Chapter 11 / Article 3 / Section 45.2-1113
Records of Board of Mineral Mining Examiners
Status: in_force

The Director of the Division shall preserve in his office a record of the meetings and transactions of the Board of Mineral Mining Examiners and of all certificates issued by the Board.

1997, c. 390 , § 45.1-161.292:17; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-830 — Virginia Code / Title 45.2 / Subtitle II / Part B / Chapter 8 / Article 4 / Section 45.2-830
Record of examinations
Status: in_force

A. Any hazardous condition found by the mine foreman or another certified person designated by the operator for the purpose of conducting examinations under this article shall be (i) corrected immediately or (ii) posted with conspicuous danger signs until the condition is corrected. If the hazardous condition creates an imminent danger, all persons except those required to perform work to correct the imminent danger shall be withdrawn from the affected area. The hazardous condition and the corrective actions taken shall be recorded in a book maintained for such purpose on the surface at the mine. The record shall be made by the completion of the shift on which the hazardous condition is found.

B. Upon completing the pre-shift examination, the mine foreman shall return to the surface or a designated station underground and report in person to an authorized person before any other miner enters the mine. Immediately upon reaching the surface, the mine foreman shall record in ink or indelible pencil the result of his inspection in a book maintained for such purpose on the surface at the mine.

C. At the completion of any shift during which a portion of a weekly examination is made, a record of each hazardous condition, its location, the corrective action taken, and the result and location of each air and methane measurement shall be made. Such record shall be made by the mine foreman making the examination or another certified person designated by the operator. If the record is made by a person other than the one making the examination, the person making the examination shall verify the record by initials and date.

D. The actual level of methane detected in any examination shall be recorded in the book.

E. A mine foreman or other certified person conducting a required examination shall record the results of his examination in ink or indelible pencil in a book maintained for such purpose on the surface at the mine. Similar records may be kept at designated stations or offices underground.

F. Records shall be countersigned by the supervisor of the examiner creating the records. Where such records disclose a hazardous condition, the countersigning of the records shall be performed no later than the end of the next regularly scheduled working shift following the shift for which the examination records were completed, and the person countersigning shall ensure that actions to eliminate or control each hazardous condition have been taken. Where such records disclose no hazardous condition, the countersigning may be completed within 24 hours following the end of the shift for which the examination records were completed. The operator may authorize another person who possesses authority equivalent to that of the supervisor to act in the supervisor's temporary absence to read and countersign the records and ensure that action is taken to eliminate each hazardous condition disclosed in the records.

G. All records of examination shall be open for inspection by interested persons and maintained at the mine site for a minimum of one year.

Code 1950, §§ 45-32, 45-33, 45-60.4, 45-68.1, 45-69.7; 1954, c. 191; 1966, c. 594, § 45.1-65; 1978, c. 120; 1994, c. 28 , § 45.1-161.212; 2005, c. 3 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-746 — Virginia Code / Title 45.2 / Subtitle II / Part B / Chapter 7 / Article 8 / Section 45.2-746
Clearance on haulage roads
Status: in_force

A. Every track haulage road in an entry, room, or crosscut shall have a continuous clearance on one side of at least two feet from the farthest projection of moving traffic. The clearance shall be kept free of any obstruction to a height permitted by the height of the coal seam. When it is not possible to maintain such clearance, signs indicating close clearance shall be posted inby and outby the affected area.

B. Every track haulage road in an entry, room, or crosscut shall have a continuous clearance on the side opposite the clearance required by subsection A of at least six inches from the farthest projection of moving traffic. When it is not possible to maintain such clearance, signs indicating close clearance shall be posted inby and outby the affected area.

C. Each track haulage road where trolley lines are used shall have the clearance required by subsection A on the side of the track opposite the trolley lines. This requirement shall not apply if the trolley lines are at least 6.5 feet above the rail.

D. The clearance space on each track haulage road shall be kept free of loose rock, loose coal, loose supplies, and other loose materials. If the clearance space exceeds two feet, at least two feet of the clearance space shall be kept free of such materials.

E. Every parallel track shall be installed so as to provide a clearance of at least two feet between the outermost projections of passing traffic.

F. Ample clearance shall be provided (i) at each conveyor loading head, (ii) at each conveyor control panel, and (iii) along each conveyor line.

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

Code 1950, §§ 45-14.1, 45-69.5; 1954, c. 191; 1966, c. 594, §§ 45.1-71, 45.1-89; 1974, c. 323; 1978, c. 118; 1984, c. 590; 1985, c. 500; 1994, c. 28 , § 45.1-161.135; 1996, c. 774 ; 1999, c. 256 ; 2005, c. 3 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-118 — Virginia Code / Title 45.2 / Subtitle I / Chapter 1 / Article 3 / Section 45.2-118
Strategic plan
Status: in_force

A. By December 15, 2026, and each December 15 in even-numbered years thereafter, the Bank shall develop and adopt a strategic plan that prioritizes the Bank's activities over the next two years. The strategic plan shall (i) identify targeted underserved markets for qualified projects in Virginia; (ii) develop specific programs to overcome market impediments through access to Bank financing and technical assistance; and (iii) develop outreach and marketing strategies designed to make potential project developers, participants, and communities aware of financing and technical assistance available from the Bank, including the deployment of community navigators.

B. Elements of the strategic plan shall be informed by the Bank's analysis of the market for qualified projects and by the Bank's experience under the previous strategic plan, including the degree to which performance targets were or were not achieved by each financing program. In addition, the Bank shall actively seek input regarding activities that should be included in the strategic plan from stakeholders, historically economically disadvantaged communities, the general public, and participants, including via meetings required pursuant to § 45.2-120.

C. The Bank shall establish annual targets in a strategic plan for each financing program regarding the number of projects, level of Bank investments, greenhouse gas emissions reductions, and installed generating capacity or energy savings the Bank hopes to achieve, including separate targets for Bank activities undertaken in historically economically disadvantaged communities.

D. The Bank's targets and strategies shall be designed to ensure that no less than 40 percent of the direct benefits of Bank activities flow to historically economically disadvantaged communities.

E. The Bank shall submit a draft strategic plan to the Bank Advisory Board no later than August 1 and, with any feedback from the Bank Advisory Board incorporated therein, to the General Assembly no later than October 15 in any even-numbered year.

2026, cc. 1125 , 1126 .
Va. Code Ann. § 45.2-546 — Virginia Code / Title 45.2 / Subtitle II / Part A / Chapter 5 / Article 5 / Section 45.2-546
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 mine rescue teams as 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.

1975, c. 432, § 45.1-33.1; 1984, c. 590; 1994, c. 28 , § 45.1-161.68; 1996, c. 774 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-905 — Virginia Code / Title 45.2 / Subtitle II / Part C / Chapter 9 / Article 2 / Section 45.2-905
Areas with safety or health hazards; duties of surface mine foreman
Status: in_force

A. Any hazardous condition shall be corrected promptly or the affected area shall be barricaded or posted with warning signs specifying the hazard and proper safety procedures. Any imminent danger that cannot be removed within a reasonable time shall be reported to the Chief by the quickest available means.

B. The surface mine foreman shall see that the requirements of the Act pertaining to his duties and to the health and safety of the miners are fully complied with at all times.

C. The surface mine foreman shall see that every miner employed to work at the mine, before beginning work therein, is aware of any hazardous condition incident to his work at the mine.

Code 1950, §§ 45-7, 45-12, 45-14.1, 45-35, 45-40, 45-61, 45-68.1, 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, §§ 45.1-17, 45.1-21, 45.1-42, 45.1-89; 1974, c. 323; 1976, c. 598; 1978, cc. 118, 222, 489, 729; 1982, c. 255; 1984, cc. 178, 590; 1985, c. 500; 1988, c. 577; 1993, cc. 170, 171, 442; 1994, c. 28 , § 45.1-161.258; 1996, c. 774 ; 1999, c. 256 ; 2015, cc. 103 , 397 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1610 — Virginia Code / Title 45.2 / Subtitle IV / Chapter 16 / Article 1 / Section 45.2-1610
Copy of lease to lessor
Status: in_force

Any person who, as either principal or agent, executes a lease of land or right therein for drilling for gas or oil, or for the development or production of gas or oil, shall furnish a copy of the lease, duly executed by the lessee, to the lessor.

1982, c. 347, § 45.1-352; 1990, c. 92, § 45.1-361.10; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-559 — Virginia Code / Title 45.2 / Subtitle II / Part A / Chapter 5 / Article 7 / Section 45.2-559
Frequency of mine inspections
Status: in_force

The Chief shall conduct a complete inspection of each underground coal mine at least every 180 days and of each surface coal mine at least once per year. Additional inspections of coal mines shall be made when deemed appropriate by the Chief based on an evaluation of risks at each mine or if requested by miners employed at a mine or the operator of a mine.

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 , § 45.1-161.81; 1997, c. 390 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-730 — Virginia Code / Title 45.2 / Subtitle II / Part B / Chapter 7 / Article 6 / Section 45.2-730
Signs, life lines, and equipment
Status: in_force

A. Direction signs shall be posted conspicuously at all points where a travel way to the mine opening, escapeway, or escapement shaft is intercepted by another travel way. The signs shall indicate the direction of the place of exit and any manway or escapeway.

B. Continuous life lines shall be installed and maintained in accordance with the approved emergency response plan pursuant to subsection A of § 45.2-820 .

C. Every escapeway shall be equipped with all necessary stairways, ladders, cleated walkways, or other equipment approved by the Chief. All equipment shall be installed in such a manner that a person using it in an emergency may do so quickly and without undue hazard.

Code 1950, §§ 45-71, 45-71.1; 1954, c. 191; 1966, c. 594, §§ 45.1-94, 45.1-95; 1984, c. 228; 1985, c. 395; 1990, c. 372; 1992, c. 360; 1994, c. 28 , § 45.1-161.166; 1996, c. 774 ; 2011, cc. 826 , 862 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1020 — Virginia Code / Title 45.2 / Subtitle II / Part C / Chapter 10 / Article 2 / Section 45.2-1020
Enforcement of chapter generally
Status: in_force

A. If the Director determines that any condition or practice or any violation by a permittee of any requirement of this chapter, regulation adopted hereunder, or permit condition (i) creates an imminent danger to the health or safety of the public or (ii) is causing or can reasonably be expected to cause significant, imminent environmental harm to land, air, or water resources, the Director shall immediately order a cessation of the coal surface mining and reclamation operation or the portion thereof relevant to the condition, practice, or violation. Such cessation order shall remain in effect until the Director determines that the condition, practice, or violation has been abated or until such order is modified, vacated, or terminated by the Director. Whenever the Director finds that the ordered cessation of coal surface mining and reclamation operations, or any portion thereof, is not expected to completely abate the imminent danger to health or safety of the public or the significant imminent environmental harm to land, air, or water resources, the Director shall, in addition to ordering the cessation of the operation, impose affirmative obligations on the operator and require such operator to take whatever steps the Director determines necessary to abate the imminent danger or the significant environmental harm.

B. If the Director determines that a permittee is in violation of any requirement of this chapter, any regulation adopted hereunder, or any permit condition, but such violation does not create an imminent danger to the health or safety of the public or cannot reasonably be expected to cause significant, imminent environmental harm to land, air, or water resources, the Director shall issue a notice of violation to the permittee or his agent setting a reasonable period of not more than 90 days for the abatement of the violation and shall provide an opportunity for public hearing.

C. Upon expiration of the period of time originally set pursuant to subsection B or subsequently extended for good cause shown upon the written finding of the Director, if the Director finds that a violation has not been abated, he shall immediately order a cessation of coal surface mining and reclamation operations or the portion thereof relevant to the violation. Such cessation order shall remain in effect until the Director determines that the violation has been abated or until such order is modified, vacated, or terminated by the Director pursuant to subsection E. The Director shall include in the cessation order the necessary measures to abate the violation in the most expeditious manner possible.

D. Whenever the Director determines that a pattern of violations of the requirements of this chapter, any regulation adopted hereunder, or any permit condition exists or has existed, and if the Director also finds that such violations are (i) caused by the unwarranted failure of the permittee to comply with any such requirements or (ii) willfully caused by the permittee, the Director shall promptly issue an order to the permittee to show cause as to why the permit should not be suspended or revoked and shall provide opportunity for a formal public hearing. If a hearing is requested, the Director shall inform all interested parties of the time and place of the hearing. Upon the permittee's failure to show cause as to why the permit should not be suspended or revoked, the Director shall promptly suspend or revoke the permit.

E. Each notice or order issued pursuant to this section shall set forth with reasonable specificity the nature of the violation and the remedial action required, the period of time established for abatement, and a reasonable description of the portion of the coal surface mining and reclamation operation to which the notice or order applies. Each notice or order shall be given promptly to the permittee or his agent by the Director and shall be in writing and signed by the Director. Any notice or order issued pursuant to this section may be modified, vacated, or terminated by the Director. Any notice or order issued pursuant to this section that requires cessation of mining by the operator shall expire within 30 days of actual notice to the operator unless an informal public hearing is held at the site or close enough to the site to allow viewings thereof during the course of the public hearing. Such informal public hearing may be waived by the operator.

F. The Director may institute a civil action for injunctive or other relief in any court of competent jurisdiction whenever any permittee or his agent, or any other person:

1. Violates or fails or refuses to comply with any order or decision issued by the Director;

2. Interferes with, hinders, or delays the Director in carrying out the provisions of this chapter or the regulations adopted hereunder;

3. Refuses to admit the Director to a mine;

4. Refuses to permit inspection of a mine;

5. Refuses to furnish any information or report requested by the Director pursuant to the provisions of this chapter or the regulations adopted hereunder;

6. Refuses to permit access to, and copying of, such records as the Director determines necessary in carrying out the provisions of this chapter or the regulations adopted hereunder; or

7. Conducts any coal surface mining or coal exploration operation without first obtaining a permit, after a permit has lapsed, or after suspension or revocation of a permit.

1979, c. 290, § 45.1-245; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1701.1 — Virginia Code / Title 45.2 / Subtitle V / Chapter 17 / Article 1 / Section 45.2-1701.1
Public disclosure of certain electric generating facility closures
Status: in_force

A. The provisions of this section shall apply to any electric generating facility that:

1. Has a nameplate generating capacity of 80 megawatts or more;

2. Is located in the Commonwealth;

3. Emits carbon dioxide as a byproduct of combusting fuel, whether or not certificated by the State Corporation Commission pursuant to subsection D of § 56-580 ; and

4. Is subject to, and not exempt from, regulations adopted pursuant to subsection E of § 10.1-1308 or § 10.1-1330 .

B. Within 30 days of an owner of an electric generating facility making public the decision to close such facility, or within 30 days of the owner of an electric generating facility making a filing with the U.S. Securities and Exchange Commission regarding a material impact to the cost, operations, or financial condition of the owner, which material impact is a direct precursor to the closure of the electric generating facility, the owner shall send a written notice of the impending closure to:

1. The governing body of the locality where the facility is located;

2. The governing body of any locality adjoining the locality where the facility is located;

3. Any town council located within a county described in subdivision 1;

4. Any planning district commission of any locality described in subdivision 1 or 2;

5. The State Corporation Commission Division of Public Utility Regulation;

6. The Department and the Division;

7. The Department of Housing and Community Development;

8. PJM Interconnection, LLC;

9. The Virginia Employment Commission;

10. The Department of Environmental Quality; and

11. The Virginia Council on Environmental Justice.

C. The notice required by subsection B shall include, at a minimum, (i) the anticipated closure date of the facility; (ii) references to any website maintained by the owner containing closure information; (iii) a list of permits obtained from a local government, the State Air Pollution Control Board, the State Water Control Board, or the Department of Environmental Quality, including the permit number and date of issuance; (iv) anticipated future use of the facility site, if known; (v) workforce transition assistance information; and (vi) decommissioning information. If the owner of the facility is a registrant with the U.S. Securities and Exchange Commission, any filings mentioning the impending closure shall also be included with the notice.

D. In the six months following receipt of the notice required by subsection B, the governing body of the locality where the facility is located shall conduct at least three public hearings, which may be part of a regular meeting agenda, where at least one representative of the owner of the facility being closed shall be present, make a presentation regarding the impending closure, and take questions from the governing body and the public.

E. In the six months following receipt of the notice required by subsection B, the planning district commission of the locality where the facility is located shall conduct at least one public hearing, which may be part of a regular meeting agenda, where at least one representative of the owner of the facility being closed shall be present, make a presentation regarding the impending closure, and take questions from the planning district commission and the public.

F. The Division shall maintain a public website listing the facilities subject to this section and their anticipated closure dates, if such dates are reasonably known by virtue of the laws of the Commonwealth or a public record or filing with an agency of the Commonwealth, including the State Corporation Commission, and a link shall be provided to the facilities' environmental protection or remediation obligations included in permits obtained from the Department, State Air Pollution Control Board, State Water Control Board, Department of Environmental Quality, or local governing body. At least every 12 months, the State Corporation Commission shall transmit to the Division any information that it reasonably believes would necessitate updates to the anticipated closure dates or other information contained on the Division's website.

G. As providing advance notice to affected communities of an impending closure of a facility under this section is a matter of vital importance for public policy, this section shall be liberally construed. The obligations imposed on agencies of the Commonwealth under this section are to be construed in favor of public disclosure of the information required by subsection F.

H. Notwithstanding the provisions of subsection A, the provisions of this section shall not apply to any electric generating facility that has a nameplate generating capacity of 90 megawatts or less and that filed a deactivation notice with PJM Interconnection, LLC, prior to September 1, 2019.

2021, Sp. Sess. I, cc. 41 , 42 .
Va. Code Ann. § 45.2-1221 — Virginia Code / Title 45.2 / Subtitle III / Part A / Chapter 12 / Article 2 / Section 45.2-1221
Additional bond to cover amended estimate of land to be disturbed
Status: in_force

If, during any operation, it is found that the operator's estimate of the amount of disturbed land for which bond or other security has been posted for reclamation is less than the actual area disturbed, the Director shall order the operator to file additional bond or security sufficient to cover an amended estimate of land to be disturbed by such operation.

1968, c. 734, § 45.1-187; 1974, c. 312; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1143 — Virginia Code / Title 45.2 / Subtitle III / Part A / Chapter 11 / Article 5 / Section 45.2-1143
Workers' compensation; liability
Status: in_force

A. For the purpose of workers' compensation coverage during any mine disaster to which a state-designated mine rescue team responds under the provisions of this article, each member of the state-designated team shall be deemed to be within the employment of the licensed operator of the mine at which the disaster occurred.

B. No member of a state-designated team engaging in rescue work at a mine shall be liable for civil damages for acts or omissions resulting from the rendering of such rescue work unless the act or omission was the result of gross negligence or willful misconduct.

C. No operator providing personnel to a state-designated mine rescue team to engage in rescue work at a mine not owned or operated by the operator shall be liable for any civil damages for acts or omissions resulting from the rendering of such rescue work.

1997, c. 390 , § 45.1-161.292:49; 1998, c. 695 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-763 — Virginia Code / Title 45.2 / Subtitle II / Part B / Chapter 7 / Article 8 / Section 45.2-763
Transporting miners by conveyor belt
Status: in_force

A. If a conveyor belt is used for transporting miners, such belt shall be free of loose materials and shall maintain a minimum clearance of at least 18 inches between the belt and the overhead roof or crossbars, projecting equipment, cap pieces, overhead cables, wiring, and other objects. Each conveyor belt that is used for transporting miners shall be equipped with emergency stop cords for its entire length.

B. The conveyor belt speed while miners are being transported shall not exceed (i) 250 feet per minute if the overhead clearance maintained pursuant to subsection A is more than 18 inches but less than 24 inches and (ii) 300 feet per minute if the overhead clearance is 24 inches or more. Such conveyor belt shall be stopped while miners are boarding or disembarking.

C. The space between miners riding on a conveyor belt line shall be at least five feet.

D. Adequate clearance and proper illumination shall be provided where miners board or disembark a conveyor belt.

Code 1950, § 45-69.2; 1954, c. 191; 1966, c. 594, § 45.1-74; 1985, c. 296; 1994, c. 28 , § 45.1-161.152; 1996, c. 774 ; 1999, c. 256 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1501 — Virginia Code / Title 45.2 / Subtitle III / Part C / Chapter 15 / Section 45.2-1501
Regulations governing conditions and practices at surface mineral mines
Status: in_force

A. The Director shall adopt, in accordance with Article 2 (§ 2.2-4006 et seq.) of the Administrative Process Act, regulations necessary to ensure safe working conditions and practices at surface 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 surface mineral mines shall establish requirements for the:

1. Protection of miners from general risks found at surface mineral mines;

2. Provision and use of personal protection equipment;

3. Control of unstable ground conditions;

4. Handling and storage of combustible materials, including requirements for emergency plans, firefighting and emergency rescue, fire prevention and safety features on mine equipment, and fire prevention and safety in mine structures and buildings;

5. Control of exposure to airborne toxic contaminants;

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

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

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

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

10. Safe design, use, maintenance, and inspection of ladders, walkways, and travel ways;

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

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

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

14. Safe design, operation, maintenance, and inspection of hoisting equipment and cables;

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

16. Design, construction, maintenance, and inspection of refuse piles and water and silt retaining dams, including emergency response plans.

B. The Director shall not adopt any regulation relating to surface 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 , § 45.1-161.305; 1996, c. 774 ; 1998, c. 695 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1912 — Virginia Code / Title 45.2 / Subtitle V / Chapter 19 / Article 3 / Section 45.2-1912
Definitions
Status: in_force

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

"Board" means the Clean Energy Advisory Board created pursuant to § 45.2-1913 .

"Fund" means the Low-to-Moderate Income Solar Loan and Rebate Fund created pursuant to § 45.2-1916 .

"Program" means the Low-to-Moderate Income Solar Loan and Rebate Pilot Program created pursuant to § 45.2-1917 .

2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-839 — Virginia Code / Title 45.2 / Subtitle II / Part B / Chapter 8 / Article 4 / Section 45.2-839
Actions for excessive methane
Status: in_force

A. Tests for methane concentration under this section shall be made by certified or qualified persons trained in the use of an approved detecting device that is properly maintained and calibrated. Tests shall be made at least one foot from the roof, face, ribs, and floor.

B. If a methane concentration of one percent or more is present in a working place; an intake air course, including an air course in which a belt conveyor is located; or an area where mining equipment is being installed or removed, work shall cease and electrically powered equipment shall be de-energized in the affected working place, except for any intrinsically safe atmospheric monitoring system (AMS), which need not be de-energized. Changes or adjustments shall be made to such ventilation system to reduce the methane concentration to below one percent. Only work to reduce the methane concentration to below one percent is permitted. Such limitation does not apply to any other face in the entry or slope in which work can be safely continued.

C. If a methane concentration of 1.5 percent or more is present in a working place; an intake air course, including an air course in which a belt conveyor is located; or an area where mining equipment is being installed or removed, only work necessary to reduce the methane concentration to less than 1.5 percent is permitted, and all miners except those required to perform such necessary work shall be withdrawn from the affected area. Electrically powered equipment in the affected area shall be de-energized and other mechanized equipment in the affected area shall be shut off, except for any intrinsically safe AMS.

D. If a methane concentration of one percent or more is present in a return or split between the last working place on a working section and the location at which such split of air meets another split of air, or the location at which such split is used to ventilate a seal or worked-out area, changes or adjustments shall be made to the ventilation system to reduce the methane concentration in the return air to less than one percent.

E. If a methane concentration of 1.5 percent or more is present in a return air split between the last working place on a working section and the location at which such split of air meets another split of air, or the location at which such split is used to ventilate a seal or worked-out area, all miners except those required to perform necessary work to correct the problem shall be withdrawn from the affected area. Other than an intrinsically safe AMS, all equipment in the affected area shall be de-energized at the source. No other work is permitted in the affected area until the methane concentration in the return air is less than one percent.

F. An alternative methane concentration of as much as 1.5 percent is allowed in a return air split if the following conditions are met: (i) the quantity of air in the split ventilating the active workings is at least 27,000 cubic feet per minute in the last open crosscut; (ii) the methane concentration in the split is continuously monitored during mining operations by an intrinsically safe AMS that gives a visual and audible signal on the working section when the methane concentration in the return air reaches 1.5 percent; and (iii) rock dust is continuously applied with a mechanical duster to the return air course during coal production at a location in the air course that is immediately outby the most inby monitoring point or inby such point if the mechanical duster is maintained in a permissible condition and does not adversely affect the AMS. If a methane concentration of 1.5 percent or more is present at the location at which a return air alternative is applied, all persons shall be withdrawn, except those necessary to improve ventilation, and changes or adjustments shall be made to reduce the methane concentration in the return air to below 1.5 percent as set forth in subsection E.

G. The methane concentration in a bleeder split of air immediately before the air in such split joins another split of air, or in a return air course other than described in subsections D and E, shall not exceed two percent.

Code 1950, § 45-60.3; 1954, c. 191; 1966, c. 594, § 45.1-58; 1978, c. 120; 1994, c. 28 , § 45.1-161.222; 1996, c. 774 ; 1999, c. 256 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1220 — Virginia Code / Title 45.2 / Subtitle III / Part A / Chapter 12 / Article 2 / Section 45.2-1220
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 may be satisfied in accordance with this section. If an owner fails to satisfy a lien as provided in this section, the Director may proceed to enforce the lien by a petition filed in the circuit court of the county or city in which the property or some portion thereof is located.

2017, c. 4 , § 45.1-186.8; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-610 — Virginia Code / Title 45.2 / Subtitle II / Part A / Chapter 6 / Article 3 / Section 45.2-610
Additional powers of Governor to operate seized properties
Status: in_force

The Governor may exercise the powers and authority to possess and operate for public uses any person's property used in the mining, production, or marketing of coal in the manner provided in this article.

Code 1950, § 45-148; 1950, p. 30; 1966, c. 594, § 45.1-148; 1994, c. 28 , § 45.1-161.315; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-909 — Virginia Code / Title 45.2 / Subtitle II / Part C / Chapter 9 / Article 4 / Section 45.2-909
First aid equipment
Status: in_force

Every surface coal mine shall have adequate supplies of first aid equipment as determined by the Chief. Such supplies shall be located at strategic locations at the mine site so as to be available in a reasonable response time. Such supplies shall be encased in suitable sanitary receptacles designed to be reasonably dust-tight and moisture proof. In addition to the supplies in the receptacles, blankets, splints, and properly constructed stretchers in good condition shall be provided at every mine. All of the first aid supplies shall be available for use by any person employed at the mine. No first aid supplies shall be removed or diverted without authorization except in case of injury at the mine.

Code 1950, § 45-69.6; 1954, c. 191; 1966, c. 594, § 45.1-101; 1978, c. 94; 1994, c. 28 , § 45.1-161.262; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1639 — Virginia Code / Title 45.2 / Subtitle IV / Chapter 16 / Article 3 / Section 45.2-1639
Persons required to register; designated agents
Status: in_force

A. Any person who owns a well, drills a well, completes well work, operates any well or gathering pipeline, conducts ground-disturbing geophysical explorations, or transports gas or oil up to and including the first point of sale shall register with the Director and shall provide his name and address and the name, address, and official title of the person in charge of his operations in the Commonwealth.

B. Any person registering under subsection A shall designate the name and address of an agent who shall be the attorney-in-fact of the registrant for the purposes set forth in this section. The designated agent shall be a resident of the Commonwealth. Notices, orders, other communications, and all processes issued pursuant to this chapter may be served upon or otherwise delivered to the designated agent as and for the operator. Any designation of an agent shall remain in force until the Director is notified in writing of a designation termination and the designation of a new agent.

1990, c. 92, § 45.1-361.37; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1230 — Virginia Code / Title 45.2 / Subtitle III / Part A / Chapter 12 / Article 3 / Section 45.2-1230
Agreements with owners or lessees; reclamation by Director
Status: in_force

The Director is authorized to enter into agreements with owners or lessees of orphaned land when the owners agree to the reclamation of such land by the Division to the extent and in the manner deemed appropriate or reasonable by the Director. The Director shall not return orphaned land to any use other than the minimum potential use of the land that existed prior to the initiation of mining operations unless the landowner or owners, or lessee or lessees, agree to bind themselves to the payment of the additional cost upon terms that the Director deems reasonable. In entering into such agreements, the Director shall be guided by the priorities for reclamation established by him and shall not enter into any such agreement unless funds are immediately available for the performance of the agreement by the Director as provided in this article.

1978, c. 634, § 45.1-197.5; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-919 — Virginia Code / Title 45.2 / Subtitle II / Part C / Chapter 9 / Article 6 / Section 45.2-919
Lighting
Status: in_force

A. Lights shall be provided on or in surface structures as needed.

B. Roads, paths, and walks outside of surface structures shall be kept free from obstructions and shall be well-illuminated if used at night.

1966, c. 594, § 45.1-38; 1994, c. 28 , § 45.1-161.272; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1630 — Virginia Code / Title 45.2 / Subtitle IV / Chapter 16 / Article 3 / Section 45.2-1630
Powers, duties, and responsibilities of the Inspector
Status: in_force

A. The Inspector shall administer the laws and regulations and shall have access to all records and properties necessary for this purpose. He shall perform all duties delegated by the Director pursuant to § 45.2-105 and maintain permanent records of the following:

1. Each application for a gas, oil, or geophysical operation and each permitted gas, oil, or geophysical operation;

2. Meetings, actions, and orders of the Board;

3. Each petition for mining coal within 200 feet of or through a well;

4. Each request for special plugging by a coal owner or coal operator; and

5. All other records prepared pursuant to this chapter.

B. The Inspector or another Department employee as determined by the Director shall serve as the principal executive of the staff of the Board.

C. The Inspector may take charge of well or corehole operations or pipeline emergency operations whenever a well or corehole blowout, release of hydrogen sulfide or other gas, or other serious accident occurs.

1982, c. 347, § 45.1-293; 1987, c. 452; 1989, c. 164; 1990, c. 92, § 45.1-361.28; 2021, Sp. Sess. I, cc. 387 , 532 .
Va. Code Ann. § 45.2-1709 — Virginia Code / Title 45.2 / Subtitle V / Chapter 17 / Article 3 / Section 45.2-1709
Nuclear energy; considered a clean energy source
Status: in_force

For the purposes of the Commonwealth Clean Energy Policy as set out in § 45.2-1706.1 , in any clean energy initiative or carbon-free energy initiative undertaken, overseen, regulated, or permitted by the Department, nuclear energy shall be considered to be a clean energy source.

2020, c. 960 , § 67-104; 2021, Sp. Sess. I, cc. 327 , 387 .
Va. Code Ann. § 45.2-1900 — Virginia Code / Title 45.2 / Subtitle V / Chapter 19 / Article 1 / Section 45.2-1900
Virginia Solar Energy Center; purposes
Status: in_force

A. The Virginia Solar Energy Center (the Center) is established as part of the Department. The purposes of the Center are to (i) serve the people of the Commonwealth as a clearinghouse to gather, maintain, and disseminate general and technical information on solar energy and its utilization; (ii) coordinate programs for solar energy data-gathering in the Commonwealth; (iii) coordinate efforts and programs on solar energy with other state agencies and institutions, other states, and federal agencies; (iv) promote cooperation among and between Virginia business, industry, and agriculture and the public related to the use of solar energy; (v) develop public education programs on solar energy for use in schools and by the public; and (vi) provide assistance in formulating policies on the utilization of solar energy that would be in the best interest of the Commonwealth.

B. The Center may receive nonstate funds for the purposes provided in this section.

1984, c. 590, § 45.1-391; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-2008 — Virginia Code / Title 45.2 / Subtitle V / Chapter 20 / Article 2 / Section 45.2-2008
Judicial review
Status: in_force

Any person aggrieved by a final decision of the Department pursuant to the provisions of § 45.2-2006 is entitled to judicial review of such final decision in accordance with the provisions of the Administrative Process Act (§ 2.2-4000 et seq.).

1981, c. 506, § 45.1-179.11; 1986, c. 615; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-714 — Virginia Code / Title 45.2 / Subtitle II / Part B / Chapter 7 / Article 4 / Section 45.2-714
Supplies of materials for supports
Status: in_force

A. The operator or his agent shall provide at or near each working place an ample supply of suitable materials of proper size with which to secure the roof, face, and ribs of such working place in a safe manner. Suitable supply materials shall be provided for variations in seam height. If the operator or his agent fails to provide such suitable materials, the mine foreman shall cause all miners to withdraw from the mine, or the portion thereof affected, until such materials or supplies are received.

B. Safety posts, jacks, or temporary crossbars shall be set close to the face before other operations are begun and as needed thereafter if any miner goes inby the last permanent roof support.

C. Unless an automated temporary roof support system is used, safety posts or jacks shall be used to protect miners during removal of roof material, installation of crossbars, drilling of roof bolt holes, installation of roof bolts, or performance of any other work that would reasonably require roof support to protect the miners involved.

D. The operator or his agent shall make immediately available for emergency use at each mine site at least two lifting devices with a combined total of at least 80 tons lifting capacity. Each individual lifting device shall have 20 tons or greater lifting capacity.

Code 1950, §§ 45-68.1, 45-68.3; 1954, c. 191; 1966, c. 594, § 45.1-41; 1975, c. 520; 1978, c. 118; 1980, c. 338; 1982, c. 234; 1988, c. 577; 1994, c. 28 , § 45.1-161.115; 1996, c. 774 ; 1999, c. 256 ; 2005, c. 3 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-731 — Virginia Code / Title 45.2 / Subtitle II / Part B / Chapter 7 / Article 6 / Section 45.2-731
Examination of escapeways
Status: in_force

The mine foreman shall examine every escapeway for hazardous conditions at least weekly. The mine foreman shall mark his initials and the date at each place examined, and if a hazardous condition is found, it shall be reported promptly. A record of such examinations and tests shall be kept at the mine.

Code 1950, §§ 45-32, 45-33, 45-60.4, 45-68.1, 45-69.7; 1954, c. 191; 1966, c. 594, 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-609 — Virginia Code / Title 45.2 / Subtitle II / Part A / Chapter 6 / Article 3 / Section 45.2-609
Interruption of public uses; proclamation of emergency; seizure
Status: in_force

When in the judgment of the Governor there exists a substantial interruption or an imminent threat of a substantial interruption of public uses, he shall proclaim that an emergency exists in the Commonwealth that endangers the health, safety, and welfare of its people and the enjoyment of the public and private property within its borders. It shall then be the duty of the Governor to seize and operate the property of any person used in the mining, production, or marketing of coal that the Governor deems essential for the protection of the health, safety, and welfare of the people of the Commonwealth.

Code 1950, § 45-147; 1950, p. 30; 1966, c. 594, § 45.1-147; 1994, c. 28 , § 45.1-161.314; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-2112 — Virginia Code / Title 45.2 / Subtitle V / Chapter 21 / Article 3 / Section 45.2-2112
Abandoning exploration hole; affidavits required
Status: in_force

Within 45 days after the abandonment of any exploration hole, the permittee shall notify the Director that such exploration hole has been plugged and abandoned, giving the location of the hole. The permittee shall submit an affidavit setting forth the time and manner in which the hole was plugged and filled. One copy of the affidavit shall be retained by the permittee, one shall be sent to the State Geologist, and the third shall be sent to the Director.

1982, c. 269, § 45.1-276; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-544 — Virginia Code / Title 45.2 / Subtitle II / Part A / Chapter 5 / Article 4 / Section 45.2-544
Making false statements; penalty
Status: in_force

A. It is unlawful for any person charged with the making of maps or other data to be furnished as provided in the Act to fail to correctly show, within the limits of error, the data required.

B. Any person who knowingly makes any false statement, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained under the Act is guilty of a Class 1 misdemeanor.

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 , § 45.1-161.66; 1999, c. 256 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-901 — Virginia Code / Title 45.2 / Subtitle II / Part C / Chapter 9 / Article 1 / Section 45.2-901
Regulations governing conditions and practices at surface coal mines
Status: in_force

A. The Chief may, after consultation with the Virginia Coal Mine Safety Board and in accordance with the provisions of the Administrative Process Act (§ 2.2-4000 et seq.), adopt regulations necessary to ensure safe and healthy working conditions in surface coal mines in the Commonwealth. Such regulations governing surface coal mines shall relate to:

1. Safety and health standards for the protection of the life, health, and property of, and the prevention of injuries to, persons involved in or likely to be affected by any surface coal mining. Such regulations shall include standards for the control of dust concentration levels; the installation, maintenance, and use of electrical devices, equipment, cables, and wires; fire protection; the use and storage of explosives; hoistings; drilling; loading and haulage areas; the training of surface miners; the preparation of responses to emergencies; examinations of conditions at a surface mine site; and reporting requirements;

2. The storage or disposal of any matter or material that is (i) extracted or disturbed as the result of a surface coal mining operation or (ii) used in the surface coal mining operation or for the refinement or preparation of the material that is extracted from the surface coal mining operation, so that such matter or material does not threaten the health, safety, or property of miners or the general public; and

3. The operation, inspection, operating condition, and movement of drilling equipment and machines to protect the health, safety, and property of miners and the general public.

B. The Chief shall adopt no regulation establishing a requirement for the operation of, or for conditions at, a surface coal mine that is inconsistent with any requirement established by the Act.

Code 1950, §§ 45-8, 45-84; 1954, c. 191; 1966, c. 594, § 45.1-104; 1972, c. 784; 1974, c. 323; 1975, c. 520; 1978, c. 120; 1982, c. 118; 1990, c. 963; 1994, c. 28 , § 45.1-161.254; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-845 — Virginia Code / Title 45.2 / Subtitle II / Part B / Chapter 8 / Article 4 / Section 45.2-845
Worked-out areas
Status: in_force

A. Every worked-out area shall be either sealed or ventilated.

B. Where the practice is to seal worked-out areas, the sealing shall be done in accordance with sealing provisions of the approved bleeder plan.

Code 1950, § 45-60.5; 1954, c. 191; 1966, c. 594, § 45.1-62; 1993, c. 442; 1994, c. 28 , § 45.1-161.228; 1996, c. 774 ; 1999, c. 256 ; 2005, c. 3 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-301 — Virginia Code / Title 45.2 / Subtitle I / Chapter 3 / Section 45.2-301
Interstate Compact to Conserve Oil and Gas
Status: in_force

INTERSTATE COMPACT TO CONSERVE OIL AND GAS

Article I.

This agreement may become effective within any compacting state at any time as prescribed by that state and shall become effective within those states ratifying it whenever any three of the states of Texas, Oklahoma, California, Kansas, and New Mexico have ratified and Congress has given its consent. Any oil-producing state may become a party hereto as hereinafter provided.

Article II.

The purpose of this compact is to conserve oil and gas by the prevention of physical waste thereof from any cause.

Article III.

Each state bound hereby agrees that within a reasonable time it will enact laws, or if the laws have been enacted to continue the same in force, to accomplish within reasonable limits the prevention of:

1. The operation of any oil well with an inefficient gas-oil ratio.

2. The drowning with water of any stratum capable of producing oil or gas, or both oil and gas, in paying quantities.

3. The avoidable escape into the open air or the wasteful burning of gas from a natural gas well.

4. The creation of unnecessary fire hazards.

5. The drilling, equipping, locating, spacing, or operating of a well or wells so as to bring about physical waste of oil or gas or loss in the ultimate recovery thereof.

6. The inefficient, excessive, or improper use of the reservoir energy in producing any well.

The enumeration of the foregoing subjects shall not limit the scope of the authority of any state.

Article IV.

Each state bound hereby agrees that it will, within a reasonable time, enact statutes, or if such statutes have been enacted that it will continue the same in force, providing in effect that oil produced in violation of its valid oil and/or gas conservation statutes or any valid rule, order, or regulation promulgated thereunder shall be denied access to commerce and providing for stringent penalties for the waste of either oil or gas.

Article V.

It is not the purpose of this compact to authorize the states joining herein to limit the production of oil or gas for the purpose of stabilizing or fixing the price thereof, or to create or perpetuate monopoly, or to promote regimentation, but is limited to the purpose of conserving oil and gas and preventing the avoidable waste thereof within reasonable limitations.

Article VI.

Each state joining herein shall appoint one representative to a commission hereby constituted and designated as the Interstate Oil Compact Commission (the Commission), the duty of which shall be to make inquiry and ascertain from time to time such methods, practices, circumstances, and conditions as may be disclosed for bringing about conservation and the prevention of physical waste of oil and gas, and at such intervals as the Commission deems beneficial, it shall report its findings and recommendations to the several states for adoption or rejection.

The Commission shall have power to recommend the coordination of the exercise of the police powers of the several states within their several jurisdictions to promote the maximum ultimate recovery from the petroleum reserves of the states and to recommend measures for the maximum ultimate recovery of oil and gas. The Commission shall adopt suitable rules and regulations for the conduct of its business.

No action shall be taken by the Commission except (i) by the affirmative vote of the majority of the whole number of the compacting states represented at any meeting and (ii) by a concurring vote of a majority in interest of the compacting states at the meeting, such interest to be determined as follows: the vote of each state shall be in the decimal proportion fixed by the ratio of its daily average production during the preceding calendar half-year to the daily average production of the compacting states during that period.

Article VII.

No state by joining herein shall become financially obligated to any other state, nor shall the breach of the terms hereof by any state subject that state to financial responsibility to the other states joining herein.

Article VIII.

This compact shall continue in effect until Congress withdraws its consent. Any state joining herein may, upon 60 days' notice, withdraw herefrom.

The representatives of the signatory states have signed this agreement in a single original that shall be deposited in the archives of the Department of State of the United States, and a duly certified copy shall be forwarded to the Governor of each of the signatory states.

This compact shall become effective when ratified and approved as provided in Article I. Any oil-producing state may become a party thereto by affixing its signature to a counterpart to be similarly deposited, certified, and ratified.

1982, c. 570, § 45.1-381; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1106 — Virginia Code / Title 45.2 / Subtitle III / Part A / Chapter 11 / Article 1 / Section 45.2-1106
Safety materials and supplies
Status: in_force

It is the duty of each operator or agent to keep on hand at all times at each mine, or within convenient distance of each mine, a sufficient quantity of all materials and supplies required to preserve the safety of miners working in any area in which the operator is responsible for their health and safety, as required by the Act. If for any reason the operator or agent cannot procure the necessary materials or supplies, he shall cause all miners to withdraw from the mine, or from the affected portion of the mine, until such materials or supplies are received.

1997, c. 390 , § 45.1-161.292:7; 1998, c. 695 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1632 — Virginia Code / Title 45.2 / Subtitle IV / Chapter 16 / Article 3 / Section 45.2-1632
Notice of permit applications and permit modification applications required; content
Status: in_force

A. Within one day of the day on which the application for a permit for a gas or oil operation is filed, the applicant shall provide notice of the application to the following persons:

1. Every surface owner, coal owner, and mineral owner on the tract to be drilled;

2. Every coal operator who has registered an operation plan with the Department for activities located on the tract to be drilled;

3. Every surface owner on a tract where the surface is to be disturbed;

4. Every gas, oil, or royalty owner (i) within one half of the distance specified in § 45.2-1616 for that type of well or one half of the distance to the nearest well completed in the same pool, whichever is less, or (ii) within the boundaries of a drilling unit established pursuant to the provisions of this chapter;

5. Every coal operator who has applied for or obtained a mining or prospecting permit with respect to a tract located within 500 feet of the proposed well location or, in the case of a proposed coalbed methane gas well location, within 750 feet thereof;

6. Every coal owner or mineral owner on a tract located within 500 feet of the proposed well location or, in the case of a proposed coalbed methane gas well location, within 750 feet thereof; and

7. Every operator of a gas storage field certificated by the State Corporation Commission as a public utility facility whose certificated area includes the well location or whose certificated boundary is within 1,250 feet of the proposed well location.

B. Within one day of the day on which the application for a permit modification for a gas or oil operation is filed, the applicant requesting such permit modification shall provide notice of the application to all persons listed in subsection A who may be directly affected by the proposed activity.

C. Within one day of the day on which the application for a permit for geophysical operations is submitted, the applicant shall provide notice to those persons listed in subdivisions A 1, 2, and 3.

D. Each notice required to be given pursuant to subsection A, B, or C shall contain a statement of the time within which objections may be made and the name and address of the person to whom objections shall be forwarded. Only a person entitled to notice under subsection A, B, or C shall have standing to object to the issuance of the proposed permit or permit modification for a gas, oil, or geophysical operation as the use may be. Upon receipt of notice, any person may waive in writing the time and right to object.

E. Within seven days of the day on which the application for a permit is filed, the applicant shall provide notice to (i) the local governing body or chief executive officer of the locality where the well is proposed to be located and (ii) the general public, through publication of a notice in at least one newspaper of general circulation in the locality where the well is proposed to be located.

F. An applicant shall make a reasonable effort to provide the notices required under subsections A, B, and C. If an applicant is unable to identify or locate any person to whom notice is required, then the notice provided in clause (ii) of subsection E shall be considered sufficient notice to such persons and the date of notification shall be the date of publication.

1982, c. 347, § 45.1-313; 1984, c. 590; 1987, c. 452; 1989, c. 529; 1990, c. 92, § 45.1-361.30; 1996, c. 854 ; 2008, c. 534 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-620 — Virginia Code / Title 45.2 / Subtitle II / Part A / Chapter 6 / Article 4 / Section 45.2-620
Emergency notification and evacuation plan
Status: in_force

A. On or before July 1 of each year, the operator of any retaining dam or mine refuse impoundment that meets the criteria of subsection A of § 45.2-618 shall submit to the Chief an emergency notification and evacuation plan. If there are no changes to a plan at the time the updated plan is due, the operator may submit a notice that there are no changes to the plan in lieu of submitting an updated plan to the Chief.

B. The plan and attendant maps, appropriate for the level of hazard of the retaining dam or mine refuse impoundment, shall describe the retaining dam or mine refuse impoundment and shall include:

1. The name and address of the operator owning, operating, or controlling the structure;

2. The identification numbers of the structure as assigned by the Chief, MSHA, and the Office of Surface Mining;

3. The location of the structure indicated on (i) a current United States Geological Survey 7.5-minute or 15-minute topographic quadrangle map, (ii) an equivalent digital map, or (iii) a topographic map of a scale approved by the Chief;

4. The name and size in acres of the watershed in which the structure is located;

5. A description of the physical and engineering properties of the foundation materials on which the structure is to be or was constructed;

6. The location of existing or proposed instrumentation;

7. A statement of the runoff attributable to the probable maximum precipitation of six-hour duration and the calculations used in determining such runoff;

8. A statement of the runoff attributable to the storm for which the structure is designed and the calculations used in determining such runoff;

9. The location of any surface or underground coal mine, including the depth and extent of such workings, under and within 1,000 feet around the perimeter of the retaining dam or mine refuse impoundment, and the area of impounded material, shown at a scale not to exceed one inch equals 1,000 feet;

10. A map depicting the impoundment area and downstream and adjacent drainways, streambeds, roads, structures, and other public areas that could be affected if an accident were to occur at the impoundment. The map shall be at a scale not to exceed one inch equals 1,000 feet;

11. The names of persons who are familiar with the plan protocols and can take actions necessary to eliminate the hazard and minimize the impact to miners, the community, and the environment;

12. A location where a command and communication center could be established for the company team and emergency response personnel to report during an impoundment event;

13. The location of potential evacuation centers where affected parties could take shelter during an impoundment event;

14. An emergency contact list for agencies that would respond to an impoundment event; and

15. A list of miners employed at the site and businesses, community buildings, residences, and other occupied buildings within the impact zone that could be affected by an impoundment event, or other effective means of identifying such impact zone.

2005, c. 3 , § 45.1-224.1; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-713 — Virginia Code / Title 45.2 / Subtitle II / Part B / Chapter 7 / Article 4 / Section 45.2-713
Automated temporary roof support systems
Status: in_force

The Chief shall adopt regulations requiring automated temporary roof support systems for the installation of roof bolts.

Code 1950, §§ 45-68.1, 45-68.3; 1954, c. 191; 1966, c. 594, § 45.1-41; 1975, c. 520; 1978, c. 118; 1980, c. 338; 1982, c. 234; 1988, c. 577; 1994, c. 28 , § 45.1-161.114; 1999, c. 256 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-724 — Virginia Code / Title 45.2 / Subtitle II / Part B / Chapter 7 / Article 5 / Section 45.2-724
Misfires
Status: in_force

A. Where a misfire occurs with an electric detonator, a waiting period of at least 15 minutes is required before any miner is allowed to return to the shot area. After such failure, the blasting cable shall be disconnected from the source of power and the battery ends short-circuited before electric connections are examined.

B. Explosives shall be removed by (i) firing a separate charge at least two feet away from, and parallel to, the misfired charge; (ii) washing the stemming and the charge from the borehole with water; or (iii) inserting and firing a new primer after the stemming has been washed out.

C. A careful search of the working place and, if necessary, of the coal after it reaches the tipple shall be made after blasting a misfired hole to recover any undetonated explosive.

D. The handling of a misfired shot shall occur under the direct supervision of the mine foreman or a certified person designated by him.

Code 1950, § 45-53.7; 1954, c. 191; 1966, c. 594, § 45.1-50; 1994, c. 28 , § 45.1-161.131; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1122 — Virginia Code / Title 45.2 / Subtitle III / Part A / Chapter 11 / Article 3 / Section 45.2-1122
General mineral miner certification
Status: in_force

A. Every person beginning work in a mineral mine subsequent to January 1, 1997, shall hold a general mineral miner certificate issued by the Board of Mineral Mining Examiners or the Department. Any person who has worked in a mineral mine in the Commonwealth prior to that date may, but shall not be required to, hold a general mineral miner certificate.

B. Each applicant for a general mineral miner certificate shall prove to the Department that he has knowledge of first aid practices and has a general working knowledge of the provisions of the Act and applicable regulations pertaining to mineral mining health and safety.

1997, c. 390 , § 45.1-161.292:28; 2012, cc. 803 , 835 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-932 — Virginia Code / Title 45.2 / Subtitle II / Part C / Chapter 9 / Article 10 / Section 45.2-932
Misfires
Status: in_force

A. Every misfire shall be reported promptly to the mine foreman, and no other work shall be performed in the blasting area until the hazard has been corrected. A waiting period of at least 15 minutes is required before anyone is allowed to any misfired hole. If explosives are suspected of burning in a hole, every person affected shall move to a safe location for one hour or until the danger has passed, whichever time is longer. When such failure involves an electronic detonator, the blasting cable shall be disconnected from the source of power and the battery ends short-circuited before any electrical connection is examined.

B. Explosives shall be removed by (i) firing a separate charge at least two feet away from, and parallel to, the misfired charge; (ii) washing the stemming and the charge from the borehole with water; or (iii) inserting and firing a new primer after the stemming has been washed out.

C. A careful search of the blasting area and, if necessary, of the coal after it reaches the tipple shall be made after blasting a misfired hole to recover any undetonated explosive.

D. The handling of a misfired shot shall occur under the direct supervision of the foreman or an authorized person designated by him.

Code 1950, § 45-53.7; 1954, c. 191; 1966, c. 594, § 45.1-50; 1994, c. 28 , § 45.1-161.285; 1999, c. 256 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1203 — Virginia Code / Title 45.2 / Subtitle III / Part A / Chapter 12 / Article 1 / Section 45.2-1203
Exemption for restricted mining
Status: in_force

Any operator engaged in mining who disturbs less than one acre of land and removes less than 500 tons of minerals at any particular site is exempt from all mining permit fees, renewal fees, and bond requirements of this chapter if such person intending to engage in such restricted mining submits an application for a permit, a sketch of the mining site, and an operations plan to be adhered to in accordance with §§ 45.2-1205 and 45.2-1206 . A permit shall not be issued for any operational plan that includes the use of cyanide or a cyanide compound in any mineral mining or processing operation. The Director shall approve the application if he determines that the issuance of the permit will not violate any provision of this chapter.

1977, c. 312, § 45.1-180.4; 2021, Sp. Sess. I, c. 387 ; 2025, cc. 390 , 405 .
Va. Code Ann. § 45.2-1150 — Virginia Code / Title 45.2 / Subtitle III / Part A / Chapter 11 / Article 7 / Section 45.2-1150
Review of inspection reports and records
Status: in_force

Prior to completing an inspection of an underground mineral mine, a mine inspector shall review the most recent available report of inspection by MSHA. Prior to completing any inspection of a mine, a mine inspector shall comprehensively review the records of pre-shift examinations, on-shift exams, daily inspections, weekly examinations, and other records relating to safety and health conditions in the mine that are required to be maintained pursuant to the Act, for the 30-day period preceding the inspection. The mine inspector may, but shall not be required to, review the records for such additional period as he may deem prudent.

1997, c. 390 , § 45.1-161.292:56; 1998, c. 695 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-2200 — Virginia Code / Title 45.2 / Subtitle V / Chapter 22 / Section 45.2-2200
Model ordinances for energy storage resources
Status: in_force

A. By December 1, 2026, the Department, in consultation with the Department of Environmental Quality and the Department of Fire Programs, shall develop model ordinances suggested for use by localities in their regulation of energy storage projects, as described in subsection E of § 56-585.5 , and shall update such model ordinances every three years thereafter. Such model ordinances shall include (i) minimum safety standards in accordance with the most recently published edition of the National Fire Protection Association 855 Standard for the Installation of Stationary Energy Storage Systems, (ii) consideration of the varying characteristics of different energy storage technologies, and (iii) any other factors the Department deems relevant to support the development of energy storage in the Commonwealth. In developing such model ordinances, the Department shall develop and publish a guideline document that advises localities on best practices for reviewing energy storage projects.

B. The Department shall convene a work group to advise the Department on the development or update of model ordinances conducted pursuant to subsection A. Such work group shall include representatives from the Department of Environmental Quality, the Department of Fire Programs, an association representing localities, a nonprofit agricultural advocacy organization, an environmental organization, trade associations related to solar, energy storage, and clean energy, storage project engineers, electric utilities, and any other stakeholders deemed relevant by the Department. The Department shall make available online any resources or studies developed by the work group and shall develop and maintain online resources to educate localities, developers, contractors, residents, businesses, researchers, and other stakeholders about energy storage.

2026, cc. 694 , 695 .
Va. Code Ann. § 45.2-1228 — Virginia Code / Title 45.2 / Subtitle III / Part A / Chapter 12 / Article 3 / Section 45.2-1228
Orphaned Lands Reclamation Fund
Status: in_force

There is hereby created in the state treasury a special nonreverting fund to be known as the Orphaned Lands Reclamation Fund, referred to in this section as "the Fund." The Fund shall be established on the books of the Comptroller. An amount equal to the average interest rate earned for all funds in the state treasury as applied to the Minerals Reclamation Fund created pursuant to § 45.2-1234 shall be paid annually into the state treasury and credited to the Fund. Moneys in the Fund shall be used solely for the purpose of the reclamation of orphaned lands pursuant to this article. 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. 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, § 45.1-197.18; 1984, c. 590; 2017, c. 4 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-924 — Virginia Code / Title 45.2 / Subtitle II / Part C / Chapter 9 / Article 7 / Section 45.2-924
Equipment operation
Status: in_force

A. If a truck spotter is used, he shall be well in the clear while any truck is backing into dumping position and dumping. Every truck spotter shall use lights at night to direct backing and dumping operations.

B. Every dipper, bucket, scraper blade, or similar movable part shall be secured or lowered to the ground when not in use.

C. Equipment that is to be hauled shall be loaded and protected so as to prevent sliding or spillage. When moving between work areas, the equipment shall be secured in the travel position.

D. Tow bars shall be used to tow heavy equipment and a safety chain shall be used in conjunction with each tow bar.

E. Dust control measures shall be taken so as to prevent the obstruction of visibility of any equipment operator.

F. No dipper, bucket, loading boom, or other heavy load shall be swung over the cab of haulage equipment until the driver is out of the cab and in a safe location, unless the equipment is designed specifically to protect the driver from falling material.

G. Lights, flares, or other warning devices shall be posted when parked equipment creates a hazard for other vehicles.

1994, c. 28 , § 45.1-161.277; 2005, c. 3 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1202 — Virginia Code / Title 45.2 / Subtitle III / Part A / Chapter 12 / Article 1 / Section 45.2-1202
Authority of Director; enforcement of chapter by injunction
Status: in_force

A. The Director may adopt regulations to effectuate the provisions and the policy of this chapter and may adopt definitions for use in interpreting this chapter.

B. The Director may administer and enforce the provisions of this chapter. In administering and enforcing the provisions of this chapter pursuant to the findings and legislative policy adopted by the General Assembly, the Director shall exercise the following powers in addition to any other powers conferred upon him by law:

1. Supervise the administration and enforcement of this chapter and all regulations and orders adopted thereunder;

2. Issue orders to enforce the provisions of this chapter, all regulations adopted thereunder, and the terms and conditions of any permit;

3. Make investigations and inspections to ensure compliance with any provision of this chapter or any regulation or order adopted thereunder;

4. Encourage and conduct investigations, research, experiments, and demonstrations and collect and disseminate information relating to surface mining and reclamation of lands and waters affected by surface mining; and

5. Receive any federal funds, state funds, or any other funds and enter into any contracts for which funds are available to carry out the purposes of this chapter.

C. In addition to any administrative remedy granted herein, the Director may petition any court of competent jurisdiction for an injunction against a violation of any provision of this chapter or any regulation or order adopted hereunder or to compel the performance of any act required by such provision, regulation, or order without regard to any adequate remedy that may exist at law, and such injunction shall be issued without bond. However, with regard to the suspension of mining operations, § 45.2-1225 shall control.

1977, c. 312, § 45.1-180.3; 1984, c. 590; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-768 — Virginia Code / Title 45.2 / Subtitle II / Part B / Chapter 7 / Article 9 / Section 45.2-768
Controlling dust at the surface
Status: in_force

A. In each surface structure, enclosure, or facility at any excessively dusty mine, every electric motor, switch, lighting fixture, and control shall be protected by dust-tight construction.

B. Each surface structure and piece of equipment shall be kept free of coal dust accumulations.

C. If mining operations raise an excessive amount of dust into the air, such dust shall be allayed at its sources by the use of water, water with a wetting agent added to it, or another effective method.

Code 1950, §§ 45-77, 45-85.5; 1954, c. 191; 1966, c. 594, §§ 45.1-34, 45.1-67; 1978, cc. 120, 729; 1994, c. 28 , § 45.1-161.240; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-602 — Virginia Code / Title 45.2 / Subtitle II / Part A / Chapter 6 / Article 2 / Section 45.2-602
Petition to establish a trust for missing coal owners
Status: in_force

A. Any coal owner or lessee who (i) has more than a 50 percent interest in the coal on a particular tract and (ii) seeks to impress a trust upon unknown or missing owners of such tract of coal may petition the circuit court in the county or city containing the majority of the tract of coal to establish a trust to protect the interests of all coal owners and lessees.

B. The petition shall:

1. Describe the particular tract of coal at issue;

2. List all known, missing, and unknown owners of interests in such tract of coal and set forth the efforts to locate and identify the missing or unknown owners of the interests and provide any other information known to the petitioner that could be helpful in identifying or locating every present owner thereof; and

3. Include the proposed terms of a lease to be offered to the trust. 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 identify and locate the present owners of such interests.

2003, c. 775 , § 45.1-161.311:3; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1809 — Virginia Code / Title 45.2 / Subtitle V / Chapter 18 / Article 2 / Section 45.2-1809
Confidentiality of information
Status: in_force

A. The Authority shall hold in confidence the personal and financial information supplied to it or maintained by it concerning the siting and development of offshore wind energy projects.

B. Nothing in this section shall prohibit the Authority, in its discretion, from releasing any information that has been transformed into a statistical or aggregate form that does not allow the identification of the person who supplied particular information.

C. Information supplied by or maintained on any person or entity applying for or receiving an allocation of any federal loan guarantee, as well as specific information relating to the amount of, or the identity of the recipient of, such distribution, shall be subject to disclosure in accordance with the Virginia Freedom of Information Act (§ 2.2-3700 et seq.).

2010, cc. 507 , 681 , § 67-1210; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1030 — Virginia Code / Title 45.2 / Subtitle II / Part C / Chapter 10 / Article 3 / Section 45.2-1030
Replacement of water supply
Status: in_force

A. The operator of any coal surface mining operation shall replace the water supply of an owner of interest in real property who obtains all or part of such owner's supply of water for domestic, agricultural, industrial, or other legitimate use from an underground or surface source where such supply has been affected by contamination, diminution, or interruption proximately resulting from such coal surface mining operation.

B. Every underground coal mining operation shall promptly replace any drinking, domestic, or residential water supply from a well or spring that was in existence prior to the application for a surface coal mining and reclamation permit and that has been affected by contamination, diminution, or interruption resulting from underground coal mining operations. Nothing in this subsection shall be construed to prohibit or interrupt underground coal mining operations.

C. Each operator of an underground coal mine shall record the daily progress of mining operations on one or more mine maps maintained at the mine site or in the company office. Such map shall, at a minimum, include information on the daily progress of mining operations and be maintained until the completion of the mining. The operator shall provide such map to the Division upon completion of mining and upon request of the Director.

D. If the Director has ordered replacement of a water supply under subsection B and the operator subject to the order has failed to provide the required map in accordance with subsection C, then the Director's replacement order shall not be overturned absent clear and convincing evidence to the contrary. Upon conclusion of an investigation, if the Director does not order replacement under the provisions of subsection B and reasonable access for a pre-mining survey was denied, the Director's determination shall not be overturned absent clear and convincing evidence to the contrary.

1979, c. 290, § 45.1-258; 1993, c. 582; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1019 — Virginia Code / Title 45.2 / Subtitle II / Part C / Chapter 10 / Article 2 / Section 45.2-1019
Inspections and monitoring
Status: in_force

A. For the purpose of administering and enforcing any permit issued under this chapter or determining whether any person is in violation of any requirement of this chapter or any regulation adopted hereunder:

1. The Director shall require any permittee to (i) establish and maintain appropriate records; (ii) make monthly reports to the Division; (iii) install, use, and maintain any necessary monitoring equipment or methods; (iv) evaluate results in accordance with such methods, at such locations and intervals and in such manner as the Director prescribes; and (v) provide other information relative to a coal surface mining and reclamation operation as the Director deems reasonable and necessary;

2. For any coal surface mining and reclamation operation that removes or disturbs strata that serve as aquifers and thereby significantly ensure the hydrologic balance of water use, either on or off the mining site, the Director shall specify monitoring sites at which the permittee shall record (i) the quantity and quality of surface drainage above and below the mine site and in the potential zone of influence; (ii) the level, amount, and characteristics of samples of groundwater and aquifers that are potentially affected by mining or are located directly below the deepest coal seam to be mined; and (iii) amount of precipitation. The Director shall specify certain records of well logs and borehole data to be maintained. The monitoring, data collection, and analysis required by this section shall be conducted according to standards and procedures set forth in regulations adopted by the Director in order to assure their reliability and validity; and

3. Any authorized representative of the Director, without advance notice and upon presentation of appropriate credentials, has (i) the right of entry to, upon, or through any coal surface mining and reclamation operation and (ii) the right to inspect any monitoring equipment, method of exploration, method of operation, or records required by this chapter and to copy any such records.

No search warrant shall be required for any entry or inspection under this subsection, except with respect to entry into a building.

B. Inspections by the Director shall (i) occur on an irregular basis averaging not less than one partial inspection per month and one complete inspection per calendar quarter for the coal surface mining and reclamation operation covered by each permit, (ii) occur without prior notice to the permittee or any agent or employee of the permittee except for necessary on-site meetings with the permittee, and (iii) include the filing of inspection reports adequate to enforce the requirements of this chapter and carry out its terms and purposes.

C. Each permittee shall conspicuously maintain at the entrance to each coal surface mining and reclamation operation a clearly visible sign setting forth such information as is prescribed by regulation.

D. Each inspector, upon detection of a violation of any requirement of this chapter or of a regulation adopted hereunder, shall promptly inform the operator in writing and shall report such violation to the Director in writing.

E. Copies of any records, reports, inspection materials, or information obtained by the Director under this article shall be made immediately available to the public at central and sufficient locations in the area of mining so that they are conveniently available to residents in such areas. However, information that pertains only to the analysis of the chemical and physical properties of the coal, excepting information regarding mineral or elemental content that is potentially toxic in the environment, shall be kept confidential and be exempt from disclosure under the Virginia Freedom of Information Act (§ 2.2-3700 et seq.).

1979, c. 290, § 45.1-244; 1984, cc. 323, 590; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-545 — Virginia Code / Title 45.2 / Subtitle II / Part A / Chapter 5 / Article 5 / Section 45.2-545
Mine rescue and first aid stations
Status: in_force

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

1975, c. 432, § 45.1-33.1; 1984, c. 590; 1994, c. 28 , § 45.1-161.67; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1605 — Virginia Code / Title 45.2 / Subtitle IV / Chapter 16 / Article 1 / Section 45.2-1605
Exclusivity of regulation and enforcement
Status: in_force

No locality or other political subdivision of the Commonwealth shall impose any condition or require any other local license, permit, fee, or bond that varies from or is in addition to the requirements of this chapter to perform any gas, oil, or geophysical operation. However, no provision of this chapter shall be construed to limit or supersede the jurisdiction or requirements of any other state agency, local land-use ordinance, regulation of general purpose, or § 58.1-3712 , 58.1-3713 , 58.1-3713.3 , 58.1-3713.4 , 58.1-3741 , 58.1-3742 , or 58.1-3743 .

1990, c. 92, § 45.1-361.5; 2013, cc. 305 , 618 ; 2016, c. 305 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1231 — Virginia Code / Title 45.2 / Subtitle III / Part A / Chapter 12 / Article 3 / Section 45.2-1231
Contracts for reclamation
Status: in_force

The Director is authorized to contract with any state agency, federal agency, or private contractor through the Division for the purpose of reclaiming orphaned lands pursuant to the agreements specified in this article.

1978, c. 634, § 45.1-197.6; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-732 — Virginia Code / Title 45.2 / Subtitle II / Part B / Chapter 7 / Article 6 / Section 45.2-732
Longwall escape routes and plan
Status: in_force

A. The operator of any mine that uses longwalls as a method of mining shall maintain an accessible travel route off the tailgate end of the longwall working face. The operator shall familiarize all miners working on the longwall section with the procedures to follow for escape from the section and, when the travel route is impassible, the operator shall inform such miners of such fact.

B. The operator shall develop a plan for use of longwalls if the travel route becomes impassable. The plan shall address (i) the notification to miners of the fact that the travel way is blocked and of the method and timetable for reestablishment of the travel way, (ii) the re-instruction of miners regarding escapeways and escape procedures in the event of an emergency, (iii) the re-instruction of miners on the availability and use of self-contained self-rescuers, (iv) the monitoring and evaluation of the air entering the longwall section, (v) the location and effectiveness of the two-way communication systems, and (vi) a means of transportation from the longwall section to the main line. The plan provisions shall remain in effect until a travel way is reestablished on the tailgate side of a longwall section. Such an operation shall include provisions for such protective devices as fire extinguishers and respirators for miners working on the longwall section.

Code 1950, § 45-71.1; 1954, c. 191; 1966, c. 594, § 45.1-95; 1984, c. 228; 1985, c. 395; 1990, c. 372; 1992, c. 360; 1994, c. 28 , § 45.1-161.168; 1996, c. 774 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-570 — Virginia Code / Title 45.2 / Subtitle II / Part A / Chapter 5 / Article 8 / Section 45.2-570
Tolling of time for abating violations
Status: in_force

The period of time specified in a notice of violation for the abatement of the violation shall not begin to run until (i) the final decision of the Department is issued, if an administrative appeal of its issuance is pursued, or (ii) the final order of the circuit court is rendered, if an appeal of its issuance is taken to circuit court and if such appeal pursuant to clause (i) or (ii) was undertaken in good faith and not solely for delay or avoidance of penalties.

1994, c. 28 , § 45.1-161.92; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1048 — Virginia Code / Title 45.2 / Subtitle II / Part C / Chapter 10 / Article 5 / Section 45.2-1048
Collection of reclamation tax and penalties for nonpayment
Status: in_force

A. Payment of taxes under this section shall be made no later than 30 days after the end of each calendar quarter when taxes are applicable in accordance with § 45.2-1046 . The Division shall notify each operator holding a permit under this chapter of those periods during which the taxes are applicable, provide forms for reporting coal production figures subject to taxes, and collect all taxes for the Fund.

B. Pursuant to regulations adopted by the Director, and consistent with the provisions of § 45.2-1024 , all funds paid into the Fund, and interest accrued to the Fund, shall be available for the completion of defaulted reclamation plans filed pursuant to § 45.2-1011 . From the interest accrued to the Fund, amounts sufficient to properly administer the Fund are hereby appropriated to the Division. The Director shall also adopt regulations for the implementation of this article and for the collection of taxes hereunder.

C. The Division, upon advance written request to an operator, may audit the relevant books and records of the operator upon which taxes paid under this section are based. Failure to consent to a reasonable request for the audit shall be deemed a violation of this article by the operator.

D. Upon the failure of an operator to pay taxes when due under this section, the Division shall issue a notice of violation pursuant to subsection B of § 45.2-1020 . The notice of violation shall state that upon failure of payment within 15 days thereafter, the Division shall issue a cessation order to the operator for failure to abate the notice of violation. Upon the issuance of the cessation order pursuant to subsection C of § 45.2-1020 , the enforcement procedures set forth in Article 2 (§ 45.2-1008 et seq.) shall apply. Civil penalties imposed upon an operator pursuant to a violation of this article shall be placed in the Fund.

1982, c. 334, § 45.1-270.5; 1984, c. 590; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-603 — Virginia Code / Title 45.2 / Subtitle II / Part A / Chapter 6 / Article 2 / Section 45.2-603
Advertisement upon filing of petition
Status: in_force

Immediately upon filing the petition pursuant to § 45.2-602 , the petitioner shall advertise a notice of the pending action, including a statement that the action is brought for the purpose of impressing a trust authorizing the execution of a valid and present coal lease for the development of a tract of coal described in the petition pursuant to the provisions of subsection B of § 45.2-602 . Such notice shall appear in a local newspaper of general circulation at least once a week for two consecutive weeks.

2003, c. 775 , § 45.1-161.311:4; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-938 — Virginia Code / Title 45.2 / Subtitle II / Part C / Chapter 9 / Article 12 / Section 45.2-938
Safety precautions
Status: in_force

A. No person shall enter an auger hole or highwall miner entry without prior approval from the Chief.

B. Every auger hole or highwall miner entry shall be blocked with highwall spoil or other suitable material before it is abandoned.

C. Every auger or highwall mining machine that is exposed to any highwall or explosion hazard shall be provided with worker protection from falling material and a mine explosion.

D. At least one person shall be assigned to observe the highwall for possible movement while ground personnel are working in a high-risk area in close proximity to the highwall.

E. All persons shall stay clear of any moving auger or highwall miner train, and no person shall pass over or under a moving train unless adequate crossing facilities are provided.

F. The ground control plan shall specify any spacing of holes, web design, and use of alignment control devices.

G. The ground control plan shall include other administrative, engineering, and source controls that are to be provided for safe operations.

1994, c. 28 , § 45.1-161.291; 2011, cc. 826 , 862 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1604 — Virginia Code / Title 45.2 / Subtitle IV / Chapter 16 / Article 1 / Section 45.2-1604
Duties and responsibilities of the Director; Virginia Gas and Oil Inspector
Status: in_force

A. The Director has the jurisdiction and authority necessary to enforce the provisions of this chapter. The Director has the power and duty to regulate gas, oil, or geophysical operations, collect fees, and perform other responsibilities prescribed in regulations adopted by the Department or the Board.

B. The Director shall appoint the Virginia Gas and Oil Inspector.

1990, c. 92, § 45.1-361.4; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-506 — Virginia Code / Title 45.2 / Subtitle II / Part A / Chapter 5 / Article 1 / Section 45.2-506
Safety materials and supplies
Status: in_force

It is the duty of each operator or agent to keep on hand at all times at each mine, or within convenient distance of each mine, a sufficient quantity of all materials and supplies required to preserve the safety of miners, as required by the Act. If for any reason the operator or agent cannot procure the necessary materials or supplies, he shall cause all miners to withdraw from the mine, or from the affected portion of the mine, until such materials or supplies are received.

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 , § 45.1-161.13; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1703 — Virginia Code / Title 45.2 / Subtitle V / Chapter 17 / Article 2 / Section 45.2-1703
Energy performance-based contract procedures; required contract provisions
Status: in_force

A. Any contracting entity may enter into an energy performance-based contract with an energy performance contractor to significantly reduce (i) energy costs to a level established by the public body or (ii) operating costs of a facility through one or more energy conservation or operational efficiency measures. For the purposes of this article, energy conservation or operational efficiency measures shall not include roof replacement projects, except as provided in subdivision B 2.

B. 1. The energy performance contractor shall be selected through competitive sealed bidding or competitive negotiation as set forth in § 2.2-4302.1 or 2.2-4302.2 . The evaluation of the request for proposals shall analyze the estimates of all costs of installation, maintenance, repairs, debt service, post-installation project monitoring, and reporting. Notwithstanding any other provision of law, any contracting entity may purchase energy conservation or operational efficiency measures under an energy performance-based contract entered into by another contracting entity pursuant to this article even if it did not participate in the request for proposals if the request for proposals specified that the procurement was being conducted on behalf of other contracting entities.

2. A contracting entity may procure a roof replacement as part of a larger energy conservation or operational efficiency measure, including solar, where the replacement is necessary for the installation of such measure. Such contracting entity may also procure a roof replacement pursuant to § 2.2-4302.1 when the original contract for the energy conservation or operational efficiency measure, including solar, does not include a roof replacement and the contracting entity determines that the replacement of more than 20 percent of the roof is necessary for the installation of such measure. Such roof replacements procured separately from a larger energy conservation or operational efficiency measure, including solar, shall also be publicly noticed on the Department of General Services' central electronic procurement website. All roof replacement projects procured separately pursuant to this subdivision shall be designed by a licensed architect or professional engineer.

C. Before entering into a contract for energy conservation measures, the contracting entity shall require the performance contractor to provide a payment and performance bond relating to the installation of energy conservation measures in an amount the contracting entity finds reasonable and necessary to protect its interests.

D. Prior to the design and installation of any energy conservation measures, the contracting entity shall obtain from the energy performance contractor a report disclosing all costs associated with such energy conservation measures and providing an estimate of the amount of the energy cost savings. After reviewing the report, the contracting entity may enter into an energy performance-based contract if it finds (i) the amount the entity would spend on the energy conservation measures recommended in the report will not exceed the amount to be saved in energy and operation costs more than 20 years from the date of installation, based on life-cycle costing calculations, if the recommendations in the report were followed and (ii) the energy performance contractor provides a written guarantee that the energy and operating cost savings will meet or exceed the costs of the system. The contract may provide for payments over a period not to exceed 20 years.

E. The term of any energy performance-based contract shall expire at the end of each fiscal year but may be renewed annually for up to 20 years, subject to the contracting entity making sufficient annual appropriations based upon continued realized cost savings. Such contract shall stipulate that the agreement does not constitute a debt, liability, or obligation of the contracting entity, or a pledge of the faith and credit of the contracting entity. Such contract may also provide capital contributions for the purchase and installation of energy conservation measures that cannot be totally funded by the energy and operational savings.

F. An energy performance-based contract shall include the following provisions:

1. A guarantee by the energy performance contractor that annual energy and operational cost savings will meet or exceed the amortized cost of energy conservation measures. The guaranteed energy savings contract shall include a written guarantee of the qualified provider that either the energy savings or operational cost savings, or both, will meet or exceed within 20 years the costs of the energy and operational savings measures. The qualified provider shall reimburse the contracting entity for any shortfall of guaranteed energy savings projected in the contract.

2. A requirement that the energy performance contractor to whom the contract is awarded provide a 100 percent performance guarantee bond to the contracting entity for the installation and faithful performance of the installed energy savings measures as outlined in the contract document.

3. A requirement that the energy performance contractor provide to the contracting entity an annual reconciliation of the guaranteed energy cost savings. The energy performance contractor shall be liable for any annual savings shortfall that may occur.

G. The Department shall make a reasonable effort, as long as workload permits, to:

1. Provide general advice, upon request, to local governments considering pursuit of an energy performance-based contract pursuant to this article; and

2. Annually compile a list of performance-based contracts entered into by local governments of which the Department becomes aware.

2001, c. 219 , § 11-34.3; 2004, c. 197 ; 2009, c. 399 ; 2013, c. 583 ; 2017, c. 259 ; 2021, Sp. Sess. I, c. 387 ; 2022, cc. 465 , 466 .
Va. Code Ann. § 45.2-1404 — Virginia Code / Title 45.2 / Subtitle III / Part B / Chapter 14 / Section 45.2-1404
Standards for regulations
Status: in_force

In adopting regulations pursuant to § 45.2-1401 or 45.2-1402 , the Director shall consider:

1. Standards utilized and generally recognized by the underground 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 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 affected by any underground mineral mine or related operation.

1994, c. 28 , § 45.1-161.295; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1635 — Virginia Code / Title 45.2 / Subtitle IV / Chapter 16 / Article 3 / Section 45.2-1635
Expiration of permits
Status: in_force

Each permit issued pursuant to this chapter shall expire 24 months from its date of issuance unless the permitted activity has commenced within that time period. An operator may renew an existing permit for an additional 24 months by submitting a written request containing the coal operator's approval and remitting a $325 renewal fee no later than the expiration date.

1990, c. 92, § 45.1-361.33; 1996, c. 854 ; 2003, cc. 542 , 550 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-853 — Virginia Code / Title 45.2 / Subtitle II / Part B / Chapter 8 / Article 5 / Section 45.2-853
Checking system; tracking system
Status: in_force

A. Each mine shall have a personnel checking system that includes the following requirements:

1. Every person underground shall have on his person a means of positive identification bearing a number recorded by the operator; and

2. An accurate record of the persons in the mine shall be kept on the surface in a place that will not be affected by an explosion. Such record shall consist of a written record, check board, lamp check, or time-clock record and shall bear a number identical to that carried by the person underground.

B. Any mine-wide tracking system shall be maintained in usable and operative condition.

Code 1950, § 45-70; 1954, c. 191; 1966, c. 594, § 45.1-97; 1994, c. 28 , § 45.1-161.174; 2015, cc. 103 , 397 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-816 — Virginia Code / Title 45.2 / Subtitle II / Part B / Chapter 8 / Article 2 / Section 45.2-816
Underground illumination
Status: in_force

A. Electric-light wires shall be supported by suitable insulators or installed in conduit, shall be fastened securely to the power conductors, and shall not contact any combustible material.

B. Every electric light shall be guarded and installed so that it does not contact any combustible material.

Code 1950, § 45-82.6; 1954, c. 191; 1966, c. 594, § 45.1-86; 1994, c. 28 , § 45.1-161.172; 2005, c. 3 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-709 — Virginia Code / Title 45.2 / Subtitle II / Part B / Chapter 7 / Article 4 / Section 45.2-709
Roof, face, and ribs to be secure
Status: in_force

A. All underground active workings and travel ways shall be secured and controlled to protect miners from a fall of roof, face, or ribs. Loose roof and any loose or overhanging ribs or face shall be taken down or supported.

B. The mining method that the mine operator follows shall not expose any miner to a hazardous condition caused by the excessive width of a room or entry, a faulty pillar-recovery method, or any other hazardous mining method or working condition.

Code 1950, §§ 45-68.1 to 45-68.3; 1954, c. 191; 1966, c. 594, §§ 45.1-40, 45.1-41; 1975, c. 520; 1978, cc. 118, 729; 1980, c. 338; 1982, c. 234; 1984, c. 590; 1988, c. 577; 1994, c. 28 , § 45.1-161.108; 1996, c. 774 ; 1999, c. 256 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1624 — Virginia Code / Title 45.2 / Subtitle IV / Chapter 16 / Article 2 / Section 45.2-1624
Release of funds held in escrow or suspense because of conflicting claims to coalbed methane gas
Status: in_force

A. For a coalbed methane gas well that was force-pooled prior to July 1, 2015, the coalbed methane gas well operator shall, on or before January 1, 2016, apply to the Board for the release of the funds in escrow and give written notice of such application to every conflicting claimant identified in the pooling orders, or to the successor of such claimant where the successor is known to the coalbed methane gas well operator or has identified himself to the coalbed methane gas well operator or the Board. Such notice shall be in accordance with the applicable provisions of § 45.2-1618 and, if any unknown person or unlocatable conflicting claimant is subject to escrow, such notice shall also be published in a newspaper of general circulation in the county or counties where the drilling unit is located once each week for four successive weeks. The application shall include a detailed accounting in accordance with subdivision B 5 of § 45.2-1622 . The Board shall order payment of the principal and accrued interest, less escrow account fees, held in escrow, along with all future royalties attributable to the drilling unit, to each gas claimant identified in the pooling order unless, within 45 days of the coalbed methane gas well operator's notice of its application, the coal claimant provides the Board and the coalbed methane gas well operator with evidence of a proceeding or agreement. The Board, pursuant to its authority granted by § 45.2-1614 , may extend the time for filing the application and delay the payment of funds for a gas title conflict, the existence of an unknown gas claimant, the existence of an unlocatable gas claimant, an unresolved gas heirship issue, or any other reason beyond the reasonable control of the coalbed methane gas well operator and shall not order payment if the gas claimant fails to provide the Board with information needed under applicable law or regulation to distribute the funds.

B. For a coalbed methane gas well force-pooled on or after July 1, 2015, the Board, in its pooling order, shall direct the coalbed methane gas well operator to pay royalties to the gas claimant unless the coal claimant provides the coalbed methane gas well operator and the Board with evidence of a proceeding or agreement not later than the time and place of the pooling hearing. The coalbed methane gas well operator shall provide written notice of the hearing to every gas claimant and coal claimant in accordance with § 45.2-1618 . However, the Board, pursuant to its authority granted by § 45.2-1614 , shall not order the coalbed methane gas well operator to make payment to a gas claimant if there exists any gas title conflict, unknown gas claimant, unlocatable gas claimant, unresolved gas heirship issue, or other reason beyond the reasonable control of the coalbed methane gas well operator or if the gas claimant fails to provide the coalbed methane gas well operator with the information required under applicable law or regulation to pay royalties. If the Board so declines to order payment to be made to a gas claimant, the coalbed methane gas well operator shall provide each affected gas claimant and the Board with written notice of the reason payment is not required to be made in accordance with the applicable provisions of § 45.2-1618 . If payment is not required to be made due to the gas claimant's failure to provide needed information under applicable law or regulation, the notice shall identify the information that is needed to enable the payment to be made.

C. For a coalbed methane gas well voluntarily pooled at any time, the coalbed methane gas well operator shall pay royalties, including past royalties held, to each gas claimant unless, within 45 days of the coalbed methane gas well operator's provision of written notice to the coal claimant that the operator will be paying royalties to the gas claimants, the coal claimant provides the coalbed methane gas well operator and each gas claimant with evidence of a proceeding or agreement. For any unit voluntarily pooled before July 1, 2015, the coalbed methane gas well operator shall provide such written notice to each gas claimant and coal claimant on or before January 1, 2016. For any unit voluntarily pooled on or after July 1, 2015, the coalbed methane gas well operator shall provide such written notice to each gas claimant and coal claimant not later than 45 days after production commences. However, the coalbed methane gas well operator shall not be required to make payment to a gas claimant if there exists any gas title conflict, unknown gas claimant, unlocatable gas claimant, unresolved gas heirship issue, or other reason beyond the reasonable control of the coalbed methane gas well operator or if the gas claimant fails to provide the coalbed methane gas well operator with information to process or pay royalties. If the Board so declines to order payment to be made to a gas claimant, the coalbed methane gas well operator shall provide each affected gas claimant with written notice of the reason payment is not required to be made in accordance with the applicable provisions of § 45.2-1618 . If payment is not required to be made due to a gas claimant's failure to provide needed information, the notice shall identify the information that is needed to enable the payment to be made.

D. Any pending judicial or arbitration proceeding shall be pursued by the coal claimant with diligence and shall not be voluntarily dismissed or nonsuited without the consent of the gas claimant. No default judgment shall be entered against a gas claimant in such proceeding. Royalties shall be paid as determined by the final order in the proceeding. A prevailing gas claimant may recover from the nonprevailing coal claimant reasonable costs and attorney fees if such gas claimant substantially prevails on the merits of the case and the coal claimant's position is not substantially justified.

E. A coalbed methane gas well operator paying funds to a gas claimant in accordance with this section shall have no liability to a coal claimant for the payments made by the coalbed methane gas well operator to a gas claimant.

F. This section shall not operate to extinguish any other right or cause of action or defense thereto, including any claim for an accounting or claim under § 8.01-31 . Nothing in this section shall create, confer, or impose a fiduciary duty.

2015, c. 396 , § 45.1-361.22:2; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1155 — Virginia Code / Title 45.2 / Subtitle III / Part A / Chapter 11 / Article 7 / Section 45.2-1155
Duties of inspectors
Status: in_force

A. During a complete inspection of any mine, other than an inactive mine, the mine inspector shall inspect, where applicable, the surface plant; all active workings; all active travel ways; entrances to abandoned areas; accessible worked-out areas; at least one entry of each intake and return airway in its entirety; escapeways and other places where miners work or travel or where hazardous conditions might exist; electric installations and equipment; haulage facilities; first aid equipment; ventilation facilities; communication installations; roof and rib conditions; roof-support practices; blasting practices; haulage practices and equipment; and any other condition, practice, or equipment pertaining to the health and safety of the miners. The mine inspector shall make tests for the quantity of air flows, and for oxygen deficiency and gas, in each place that he is required to inspect in an underground mine.

B. In a mine that operates more than one shift in a 24-hour period, the mine inspector shall devote sufficient time on the second and third shifts to determine conditions and practices relating to the health and safety of the miners. For an inactive mine, the mine inspector shall inspect all areas of the mine where persons might work or travel during the period the mine is an inactive mine.

C. The inspector shall make a personal examination of (i) the interior of each mine inspected and (ii) the outside of such mine where any danger to the miners might exist.

1997, c. 390 , § 45.1-161.292:61; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1241 — Virginia Code / Title 45.2 / Subtitle III / Part A / Chapter 12 / Article 4 / Section 45.2-1241
Order of return of payments
Status: in_force

The return of payments to members shall be made in the order in which the Director approves the completion of reclamation pursuant to § 45.2-1212 .

1978, c. 634, § 45.1-197.15; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1005 — Virginia Code / Title 45.2 / Subtitle II / Part C / Chapter 10 / Article 1 / Section 45.2-1005
Conflicts of interest prohibited
Status: in_force

A. For the purposes of this section, "financial interest" includes a pecuniary interest accruing to an employee or to the employee's spouse, minor child, or other relative living in the same household.

B. No employee of the Department performing any function or duty under this chapter shall have a financial interest in any underground or surface coal mining operation.

C. The Director shall adopt regulations for the monitoring and enforcement of the provisions of this section, including regulations (i) for the filing and review of statements and supplements by employees concerning any financial interest that might be affected by this section; (ii) for the hiring, transfer, and removal of employees consistent with the prohibition of this section; (iii) for the resolution of prohibited interests; (iv) for the confidentiality, protection, and disclosure to enforcement authorities of reporting statements; and (v) for such exemptions from the provisions of this section as are consistent with federal law.

D. Judicial proceedings to enforce the provisions of this section may be brought by the Attorney General at the request of the Director.

E. Nothing in this section shall be construed as repealing or amending any other provision of law pertaining to conflicts of interest except that in cases of conflict, the provisions of this section shall control.

1979, c. 290, § 45.1-231; 1984, c. 590; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-741 — Virginia Code / Title 45.2 / Subtitle II / Part B / Chapter 7 / Article 7 / Section 45.2-741
Hoisting engineers
Status: in_force

A. If miners are transported into or out of an underground area of a mine by a hoist or on a surface incline, a certified hoisting engineer shall be either on duty continuously or available within a reasonable time, as determined by the Chief, to provide immediate transportation while any person is underground.

B. When any miner is being hoisted or lowered in a shaft or on a slope or surface incline, the loading and unloading of any miner and the movement of the cage, car, or trip shall be under the direction of an authorized person.

C. Subsections A and B shall not apply to automatically operated elevators that can be safely operated by any miner; however, a person qualified as an automatic elevator operator shall be available at any such elevator within a reasonable time, as determined by the Chief.

D. An operator or agent of such operator of any mine worked by shaft, slope, or surface incline shall place a competent and sober hoisting engineer in charge of any engine or drum used for lowering or hoisting miners. No hoisting engineer in charge of such machinery shall allow any person, except a person who is designated for such purpose by the operator or his agent, to interfere with any part of the machinery. No person shall interfere with or intimidate a hoisting engineer or automatic elevator operator who is engaged in the discharge of his duties.

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, 45.1-68, 45.1-69; 1972, c. 784; 1976, c. 598; 1978, cc. 222, 489, 729; 1982, c. 255; 1984, cc. 178, 590; 1988, c. 577; 1993, cc. 171, 442; 1994, c. 28 , § 45.1-161.159; 1999, c. 256 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1707 — Virginia Code / Title 45.2 / Subtitle V / Chapter 17 / Article 3 / Section 45.2-1707
Repealed
Status: repealed

Repealed by Acts 2021, Sp. Sess. I, c. 327 , cl. 2, effective July 1, 2021.
Va. Code Ann. § 45.2-509 — Virginia Code / Title 45.2 / Subtitle II / Part A / Chapter 5 / Article 2 / Section 45.2-509
Qualification of Chief
Status: in_force

The Chief shall have a thorough knowledge of the various systems of working and ventilating coal mines, the nature and properties of mine gases and methods for their detection and control, the control of mine roof, 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. The Chief shall possess such experience or educational background in management as determined necessary by the Governor and shall be at least 30 years of age.

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 , § 45.1-161.16; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-718 — Virginia Code / Title 45.2 / Subtitle II / Part B / Chapter 7 / Article 4 / Section 45.2-718
Removal of supports
Status: in_force

A. No person shall deliberately remove any support in an active area unless equivalent protection is provided.

B. Any person who accidentally knocks out or dislodges a support shall promptly replace the support.

Code 1950, §§ 45-68.1, 45-68.3; 1954, c. 191; 1966, c. 594, § 45.1-41; 1975, c. 520; 1978, c. 118; 1980, c. 338; 1982, c. 234; 1988, c. 577; 1994, c. 28 , § 45.1-161.119; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1211 — Virginia Code / Title 45.2 / Subtitle III / Part A / Chapter 12 / Article 2 / Section 45.2-1211
Succession of one operator by another at uncompleted project
Status: in_force

If one operator succeeds another at any uncompleted operation, whether by sale, assignment, lease, merger, or otherwise, the Director may release the first operator from all liability under this chapter as to that particular operation and transfer the permit to the successor operator. However, the successor operator shall have complied with the requirements of this chapter and shall assume as part of his obligation under this chapter all liability for the reclamation of the area of land affected by the first operator. No fee, or any portion thereof, paid by the first operator shall be returned to either operator. The permit fee for the successor operator for the area of land permitted by the first operator shall be calculated according to the following schedule, except as provided by § 45.2-1203 :

Date of Succession: Permit Fee:

Beginning July 1, 2019 $18 per disturbed acre

Beginning July 1, 2020 $20 per disturbed acre

Beginning July 1, 2021 $22 per disturbed acre

Beginning July 1, 2022 $24 per disturbed acre

The mining permit for the successor operator shall be valid for one year from the date of issuance and shall be renewed thereafter in accordance with the provisions of this chapter.

1977, c. 312, § 45.1-184.2; 1996, cc. 648 , 659 ; 2003, cc. 542 , 550 ; 2019, c. 538 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-554 — Virginia Code / Title 45.2 / Subtitle II / Part A / Chapter 5 / Article 5 / Section 45.2-554
Workers' compensation; liability
Status: in_force

A. For the purpose of workers' compensation coverage, during any mine disaster to which a state-designated mine rescue team responds under the provisions of this article or during any training exercise for a state-designated mine rescue team, members of the state-designated team shall be deemed to be within the employment of the operator of the mine at which the disaster occurred or the training exercise is conducted. Additionally, for purposes of workers' compensation coverage, travel by members of a state-designated mine rescue team to and from the mine disaster or training exercise shall be deemed to be within the employment of the operator of the mine at which the disaster occurred or the training exercise is conducted.

B. No member of a state-designated mine rescue team engaging in rescue work at a mine shall be liable for civil damages for acts or omissions resulting from the rendering of such rescue work unless the act or omission was the result of gross negligence or willful misconduct.

C. No operator providing personnel to a state-designated mine rescue team to engage in rescue work at a mine not owned or operated by the operator shall be liable for any civil damages for acts or omissions resulting from the rendering of such rescue work.

1985, c. 496, § 45.1-33.5:4; 1994, c. 28 , § 45.1-161.76; 2007, cc. 894 , 914 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1105 — Virginia Code / Title 45.2 / Subtitle III / Part A / Chapter 11 / Article 1 / Section 45.2-1105
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; (vi) use cyanide or a cyanide compound in any mineral mining or processing operation; or (vii) 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, that pertain to his duties.

1997, c. 390 , § 45.1-161.292:6; 2021, Sp. Sess. I, c. 387 ; 2024, c. 135 .
Va. Code Ann. § 45.2-1159 — Virginia Code / Title 45.2 / Subtitle III / Part A / Chapter 11 / Article 8 / Section 45.2-1159
Tolling of time for abating violations
Status: in_force

The period of time specified in a notice of violation for the abatement of the violation shall not begin to run until (i) the final decision of the Department is issued, if an administrative appeal of its issuance is pursued, or (ii) the final order of the circuit court is rendered, if an appeal of its issuance is taken to circuit court, provided that such appeal pursuant to clause (i) or (ii) was undertaken in good faith and not solely for delay or avoidance of penalties.

1997, c. 390 , § 45.1-161.292:65; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-903 — Virginia Code / Title 45.2 / Subtitle II / Part C / Chapter 9 / Article 2 / Section 45.2-903
Safety examinations
Status: in_force

A. An on-shift examination of the work area, including any pit, auger, thin seam, or highwall operation, shall be conducted by a certified person for each production shift and at such other times or frequency as the Chief designates as necessary for hazardous conditions.

B. A pre-operational examination of all mobile equipment shall be conducted by an authorized person.

C. A pre-shift examination shall be conducted by a certified person for certain hazardous conditions designated by the Chief.

D. Each mine refuse pile, as defined in § 45.2-617 , shall be examined by an authorized person on each day on which any person works at such location.

E. The location of each natural gas pipeline on a permitted surface mine area shall be identified and conspicuously marked so that equipment operators can readily identify the location of such pipeline. A pre-shift examination shall be conducted of the location of each pipeline whenever the work area approaches within 500 feet of such pipeline unless otherwise approved by the Chief.

F. An air quality examination shall be conducted by a certified person when a surface coal mining operation intersects an underground mine, auger hole, or other underground working.

G. At least one examination for methane shall be conducted for each production shift in each surface installation, enclosure, or other facility in which coal is handled or stored. Each such area shall also be tested for methane before any activity involving welding, cutting, or an open flame. An examination conducted pursuant to this subsection shall be made by an authorized person certified to make gas tests.

H. Electrical equipment and wiring shall be inspected as often as necessary but at least once per month.

I. Each fire extinguisher shall be examined at least once every six months.

J. Each area of an inactive surface coal mine shall be examined for hazardous conditions by a mine foreman immediately before any miner is permitted to enter into such area to take emergency actions to preserve a mine.

Code 1950, §§ 45-32, 45-33, 45-60.4, 45-61, 45-68.1, 45-69.7; 1954, c. 191; 1966, c. 594, §§ 45.1-20, 45.1-42, 45.1-65; 1976, c. 598; 1978, cc. 118, 120; 1982, c. 385; 1994, c. 28 , § 45.1-161.256; 1996, c. 774 ; 1999, c. 256 ; 2005, c. 3 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-515 — Virginia Code / Title 45.2 / Subtitle II / Part A / Chapter 5 / Article 3 / Section 45.2-515
Board of Coal Mining Examiners; purpose
Status: in_force

The Board of Coal Mining Examiners (the Board) is established as a policy board in the executive branch of state government. The purpose of the Board is to issue certificates authorizing the performance of certain tasks.

Code 1950, §§ 45-1 through 45-3; 1954, c. 191; 1966, c. 594, § 45.1-3; 1984, c. 590; 1994, c. 28 , § 45.1-161.15; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1601 — Virginia Code / Title 45.2 / Subtitle IV / Chapter 16 / Article 1 / Section 45.2-1601
Regulation of coal surface mining not affected by chapter
Status: in_force

Nothing in this chapter shall be construed as limiting the powers of the Director relating to coal surface mining operations and reclamation. The provisions of Chapter 10 (§ 45.2-1000 et seq.), including requirements for permits and bonds, shall apply to gas, oil, or geophysical operations located on any area for which a coal surface mining permit is in effect and shall be in addition to the requirements for gas, oil, or geophysical operations set forth in this chapter, except that well work and the operation of pipelines on an area that has been reclaimed by the surface mine operator or the Director shall be treated as postmining uses. The Director shall give special consideration to the development and adoption of variances from the postmining use requirements of Chapter 10 for gas, oil, or geophysical operations; however, all such variances shall be consistent with the provisions of Chapter 10.

1982, c. 347, § 45.1-289; 1984, c. 590; 1990, c. 92, § 45.1-361.2; 2013, cc. 47 , 129 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1007 — Virginia Code / Title 45.2 / Subtitle II / Part C / Chapter 10 / Article 1 / Section 45.2-1007
Coal Surface Mining Regulatory Fund
Status: in_force

There is hereby created in the state treasury a special nonreverting fund to be known as the Coal Surface Mining Regulatory 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 § 45.2-1010 or another provision of this chapter 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 administering coal surface mining state regulations. 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. § 45.2-1609 — Virginia Code / Title 45.2 / Subtitle IV / Chapter 16 / Article 1 / Section 45.2-1609
Appeals; venue; standing
Status: in_force

A. Any order or decision of the Board may be appealed to the appropriate circuit court. Whenever a coal owner, coal operator, gas owner, gas operator, or operator of a gas storage field certificated by the State Corporation Commission is a party in such action, the court shall hear such appeal de novo. The court has the power to enter interlocutory orders as necessary to protect the rights of all interested parties pending a final decision.

B. Unless the parties otherwise agree, the venue for court review shall be the county or city where the gas, oil, or geophysical operation that is the subject of such order or decision is located.

C. The Director and all parties required to be given notice of hearings of the Board pursuant to the provisions of § 45.2-1618 shall have standing to appeal any order or decision of the Board that directly affects them. The permittee or permit applicant, the Director, and those parties with standing to object pursuant to the provisions of § 45.2-1632 shall have standing to appeal any order or decision of the Board that directly affects them. However, except for an aggrieved permit applicant or the Director, no person shall have standing to appeal a decision of the Board concerning a permit application unless such person has previously filed an objection with the Director pursuant to the provisions of § 45.2-1637 . The filing of any petition for appeal concerning the issuance of a new permit that was objected to pursuant to the provisions of § 45.2-1611 or 45.2-1612 or by a gas storage field operator who asserts that the proposed well work will adversely affect the operation of a gas storage field certificated by the State Corporation Commission shall automatically stay the permit until such stay is dissolved or the appeal is decided by the circuit court. However, in an appeal by a gas storage field operator, such automatic stay shall not apply to an oil, gas, or coalbed methane well completed more than 100 feet above the cap rock above the storage stratum.

1990, c. 92, § 45.1-361.9; 1997, c. 759 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-2113 — Virginia Code / Title 45.2 / Subtitle V / Chapter 21 / Article 3 / Section 45.2-2113
Plugging
Status: in_force

The plugging of an exploration hole shall be as follows:

1. Each exploration hole shall be adequately plugged with cement from the bottom of the hole upward to a point three feet below plow depth. The remainder of the hole between the top of the plug and the surface shall be filled with cuttings or nontoxic material.

2. If multiple aquifers alternating usable quality water and saltwater zones, or other conditions determined by the Director to be potentially deleterious to surface water or groundwater are encountered, the conditions shall be isolated immediately by cement plugs. Each hole shall be plugged with cement to prevent water from flowing into or out of the hole or mixing within the hole. The length of the plug shall be determined by the Director on the basis of available data on the specific site.

3. Each exploration hole shall be plugged as soon as reasonably practical after drilling, unless multiple aquifers are encountered.

4. Alternative plugging procedures and materials may be utilized if the applicant demonstrates to the Director's satisfaction that the alternatives will protect groundwater and comply with the provisions of this article. In the event that a hole is more suitably plugged with a nonporous material other than cement, the material shall have characteristics at least equal to cement.

5. In the event that an exploration hole is to remain unplugged pursuant to the provisions of § 45.2-2114 , the procedure contained in subdivision 2, if applicable, shall be applied and the exploration hole shall be plugged to the extent required by that subdivision.

1982, c. 269, § 45.1-277; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1163 — Virginia Code / Title 45.2 / Subtitle III / Part A / Chapter 11 / Article 8 / Section 45.2-1163
Fees and costs
Status: in_force

No fees or costs shall be charged to the Commonwealth by a court or any officer for or in connection with the filing of any pleading or other papers in any action authorized by this article.

1997, c. 390 , § 45.1-161.292:69; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-772 — Virginia Code / Title 45.2 / Subtitle II / Part B / Chapter 7 / Article 9 / Section 45.2-772
Surface equipment
Status: in_force

The provisions of Article 6 (§ 45.2-915 et seq.) of Chapter 9 shall apply with respect to equipment at any surface area of an underground coal mine.

1994, c. 28 , § 45.1-161.244; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1607 — Virginia Code / Title 45.2 / Subtitle IV / Chapter 16 / Article 1 / Section 45.2-1607
Expenditure of funds
Status: in_force

All funds, except civil penalties collected pursuant to § 45.2-1608 , collected by or appropriated to the Department pursuant to the provisions of this chapter shall be expended only for the purpose of carrying out the provisions of this chapter.

1990, c. 92, § 45.1-361.7; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-111 — Virginia Code / Title 45.2 / Subtitle I / Chapter 1 / Article 2 / Section 45.2-111
Publication of reports
Status: in_force

The Director may direct the publication of the reports of the Division, with proper illustrations and maps, and the reports shall be distributed as the interests of the Commonwealth and of science indicate.

1984, c. 590, § 45.1-387; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1650 — Virginia Code / Title 45.2 / Subtitle IV / Chapter 16.1 / Section 45.2-1650
Definitions
Status: in_force

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

"Eligible expenditures" means costs incurred by a grantee during the taxable year related to (i) the purchase of machinery and equipment necessary for the capture of remediated mine gas for beneficial use, and not for flaring or destruction, at an underground metallurgical coal mine in the Commonwealth and (ii) the hiring of employees whose primary duties involve the capture or sequestration of remediated mine gas.

"Remediated mine gas" means methane gas captured and produced from an underground gob area associated with a metallurgical coal seam located in the Commonwealth that would otherwise escape into the atmosphere.

"Sequester" or "sequestration" means the beneficial use of methane derived from remediated mine gas or the permanent binding, absorption, or other storage of methane derived from remediated mine gas, including use as a feedstock in a low-emission manufacturing process or chemical process that converts the methane into a durable material or product, provided that such methane is not emitted into the atmosphere.

2026, c. 494 .
Va. Code Ann. § 45.2-500 — Virginia Code / Title 45.2 / Subtitle II / Part A / Chapter 5 / Article 1 / Section 45.2-500
Coal Mine Safety Act
Status: in_force

For purposes of this title, this chapter and Chapters 7 (§ 45.2-700 et seq.), 8 (§ 45.2-800 et seq.), and 9 (§ 45.2-900 et seq.) shall be known as the Coal Mine Safety Act.

1984, c. 590, § 45.1-1.10; 1994, c. 28 , § 45.1-161.7; 1997, c. 390 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-904 — Virginia Code / Title 45.2 / Subtitle II / Part C / Chapter 9 / Article 2 / Section 45.2-904
Records of examinations
Status: in_force

A. Documentation of examinations and testing conducted pursuant to § 45.2-903 shall be recorded in a mine record book provided for that purpose. Documentation shall include records of hazardous conditions found in the work area. However, examinations of fire extinguishers shall be conducted by an authorized person and documentation shall be accomplished by recording the date of the examination on a permanent tag attached to each extinguisher.

B. The actual methane readings taken during examinations required under the Act shall be recorded in the mine record book.

C. The surface foreman shall maintain and sign a daily record book. Where any such report discloses a hazardous condition, the surface foreman shall take prompt action to have such condition corrected, barricaded, or posted with warning signs.

D. Each record shall be countersigned by the supervisor of the examiner creating the record. Where such record discloses a hazardous condition, the countersigning of the record shall be performed no later than the end of the next regularly scheduled working shift following the shift for which the examination record was completed, and the person countersigning shall ensure that actions to eliminate or control the hazardous condition have been taken. Where such record does not disclose a hazardous condition, the countersigning shall be completed within 24 hours following the end of the shift for which the examination record was completed. The operator may authorize another person who has authority equivalent to that of the supervisor to act in the supervisor's temporary absence to read and countersign records and ensure that action is taken to eliminate any hazardous condition disclosed in a record.

E. All records of inspections shall be open for inspection by any interested person and maintained at the mine site for a minimum of one year.

Code 1950, §§ 45-32, 45-33, 45-60.4, 45-61, 45-68.1, 45-69.7; 1954, c. 191; 1966, c. 594, §§ 45.1-20, 45.1-42, 45.1-65; 1976, c. 598; 1978, cc. 118, 120; 1982, c. 385; 1994, c. 28 , § 45.1-161.257; 1996, c. 774 ; 1999, c. 256 ; 2005, c. 3 ; 2007, cc. 894 , 914 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-533 — Virginia Code / Title 45.2 / Subtitle II / Part A / Chapter 5 / Article 3 / Section 45.2-533
Chief electrician certification
Status: in_force

Each applicant for a chief electrician certificate shall demonstrate to the Board of Coal Mining Examiners by written and oral examination that he has a thorough knowledge of the theory and practice of electricity that pertains to coal mining. In addition, each applicant shall pass the examinations in first aid and gas detection. The holder of a chief electrician certificate issued by the Board may act as chief electrician in any coal mine.

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 , § 45.1-161.40; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-567 — Virginia Code / Title 45.2 / Subtitle II / Part A / Chapter 5 / Article 7 / Section 45.2-567
Inspection reports
Status: in_force

A. Upon completing a mine inspection, a mine inspector shall complete a report regarding such inspection. The inspection report shall show the date of inspection, the condition in which the mine is found, a statement regarding any violations of the Act discovered during the inspection, the progress made in the improvement of the mine as such progress relates to health and safety, the number of accidents and injuries occurring in and about the mine since the previous inspection, and all other facts and information of public interest concerning the condition of the mine as are useful and proper.

B. The mine inspector shall (i) deliver one copy of the inspection report to the operator, agent, or mine foreman and one copy to the employees' safety committee, where applicable, and (ii) post one copy at a prominent place on the premises of the mine where it can be read conveniently by the miners.

C. With respect to coal mines, the Department shall provide access to inspection reports to MSHA.

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 , § 45.1-161.89; 1996, c. 774 ; 1997, c. 390 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-729 — Virginia Code / Title 45.2 / Subtitle II / Part B / Chapter 7 / Article 6 / Section 45.2-729
Maintenance of mine openings
Status: in_force

Every mine opening that is used for entering and leaving the mine and every other required travel way shall be kept in good condition and shall at all times be maintained in a safe condition.

Code 1950, § 45-71; 1954, c. 191; 1966, c. 594, § 45.1-94; 1994, c. 28 , § 45.1-161.165; 1999, c. 256 ; 2005, c. 3 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-103 — Virginia Code / Title 45.2 / Subtitle I / Chapter 1 / Article 1 / Section 45.2-103
Powers of Department
Status: in_force

The Department shall have the following powers and duties, any of which, with the approval of the Director, may be exercised by any division of the Department with respect to matters assigned to that division:

1. To employ the personnel required to carry out the purposes of this title;

2. To make and enter into any contract or agreement necessary or incidental to the performance of its duties and the execution of its powers under this title, including reciprocal agreements with responsible officers of other states and contracts with the private sector, the United States, other state agencies, and governmental subdivisions of the Commonwealth;

3. To accept grants from the United States government and agencies and instrumentalities thereof and any other source. To these ends, the Department may comply with any condition and execute any agreement that is necessary, convenient, or desirable;

4. To adopt regulations necessary or incidental to the performance of its duties or execution of its powers under this title or any other provision of law. Such regulations shall be adopted by the Department, the Chief, or the Director, as appropriate, and in accordance with the provisions of Article 2 (§ 2.2-4006 et seq.) of the Administrative Process Act; and

5. To do all acts necessary or convenient to carry out the purposes of this title.

1984, c. 590, § 45.1-1.3; 1994, c. 28 , § 45.1-161.3; 2014, c. 145 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-508 — Virginia Code / Title 45.2 / Subtitle II / Part A / Chapter 5 / Article 2 / Section 45.2-508
Appointment of Chief
Status: in_force

The Chief of the Division of Mines of the Department of Energy is the head of the Division of Mines and is under the direction of and reports to the Director.

Code 1950, §§ 45-1 through 45-3; 1954, c. 191; 1966, c. 594, § 45.1-3; 1984, c. 590; 1994, c. 28 , § 45.1-161.15; 2021, Sp. Sess. I, cc. 387 , 532 .
Va. Code Ann. § 45.2-542 — Virginia Code / Title 45.2 / Subtitle II / Part A / Chapter 5 / Article 4 / Section 45.2-542
(For contingent effective date, see Acts 2025, cc. 91 and 109, cl. 2) Maps of mines required to be made; contents; extension and preservation; use by Department; release; posting of map
Status: in_force

A. Prior to commencing mining activity, the operator of a coal mine or his agent shall make or cause to be made, unless already made and filed, an accurate map of such mine. Such map shall be submitted to the Chief prior to producing coal at the mine. All maps shall be presented on the Virginia Coordinate System of 2022, South Zone, unless otherwise approved by the Chief. At intervals not to exceed 12 months and when a coal mine is abandoned, the operator shall submit to the Chief copies of an up-to-date map of the entire mine in an electronic format approved by the Chief. The operator shall also submit to the Chief revisions that show directional changes whenever mine projections deviate more than 600 feet from the approved mine map. Only maps in an electronic format shall be accepted unless otherwise approved by the Chief. If there are no changes in the information required to be submitted pursuant to this section at the time an updated map is due, the operator may submit a notice that there are no changes to the map in lieu of submitting an updated map to the Department.

B. Underground coal mine maps shall show:

1. The active workings;

2. All pillared, worked out, and abandoned areas, except as provided in this section;

3. Entries and air courses with the quantity of airflow, direction of airflow indicated by arrows, and ventilation controls;

4. Contour lines of all elevations;

5. Dip of the coalbed;

6. Escapeways;

7. The locations that are known or should be known of (i) adjacent mine workings within 1,000 feet, (ii) mines above or below, and (iii) water pools above;

8. Either producing or abandoned oil and gas wells located within 500 feet of such mine and in any underground area of such mine; and

9. Other information the Chief requires.

Such map shall identify those areas of the mine that have been pillared, worked out, or abandoned that are inaccessible or that cannot be entered safely.

C. Additional information required to be shown on underground coal mine maps includes:

1. The mine name, company name, mine index number, and name of the person responsible for information on the map;

2. The scale and orientation of the map and symbols used on the map;

3. The property or boundary lines of the mine;

4. All known drill holes that penetrate the coalbed being mined;

5. All shaft, slope, drift, and tunnel openings and auger and strip mined areas of the coalbed being mined;

6. The location of all surface mine ventilation fans. The location may be designated on the mine map by symbols;

7. The location of railroad tracks and public highways leading to the mine and mine buildings of a permanent nature with identifying names shown;

8. The location and description of a least two permanent base line points coordinated with the underground and surface mine traverses and the location and description of at least two permanent elevation bench marks used in connection with establishing or referencing mine elevation surveys;

9. The location and elevation of any body of water dammed or held back in any portion of the mine; however, such bodies of water may be shown on overlays or tracings attached to the mine maps used to show contour lines as provided under subdivision 12;

10. The elevations of tops and bottoms of shafts and slopes and the floor at the entrance to drift and tunnel openings;

11. The elevation of the floor at intervals of not more than 200 feet in (i) at least one entry of each working section and main and cross entries; (ii) the last line of open crosscuts of each working section, and main and cross entries before such sections and main and cross entries that are abandoned; and (iii) rooms advancing toward or adjacent to property or boundary lines or adjacent mines; and

12. Contour lines passing through whole number elevations of the coalbed being mined. The spacing of such lines shall not exceed 10-foot elevation levels, except that a broader spacing of contour lines may be approved by the Chief for steeply pitching coalbeds. Contour lines may be placed on overlays or tracings attached to mine maps.

D. Underground coal mine maps submitted to the Chief shall be on a scale of not less than 100 or more than 500 feet to the inch. Mapping of the underground mine works shall be completed by a closed loop survey method of traversing or other equally accurate methods of traversing. All closed loop surveys shall meet a minimum accuracy standard of one part in 5,000. Elevations shall be tied to either the United States Geological Survey or the National Geodetic Survey bench mark system. A registered engineer or licensed land surveyor shall certify that the map of the mine workings is accurate.

E. Underground coal mine maps shall be kept up to date by temporary notations and revised and supplemented at intervals not to exceed six months based on a survey made and certified by a registered engineer or licensed land surveyor who has exercised complete direction and control over the work to which it is affixed. Temporary notations shall include:

1. The location of each working face of each working place;

2. Pillars mined or other such second mining;

3. Permanent ventilation controls constructed or removed, such as seals, overcasts, undercasts, regulators, and permanent stoppings, and the direction of air currents indicated; and

4. Escapeways designated by means of symbols.

F. At underground coal mines, an accurate map of the mine showing clearly all avenues of ingress and egress in case of fire shall be posted in a place accessible to all miners.

G. Surface coal mine maps shall show:

1. The name and address of the mine;

2. The property or boundary lines of the active areas of the mine;

3. Contour lines passing through whole number elevations of the coalbed being mined. The spacing of such lines shall not exceed 25-foot elevation levels, except that a broader spacing of contour lines may be approved by the Chief for steeply pitching coalbeds. The Chief may approve alternate means of delineating seam elevations where multiple seams are being mined. Contour lines may be placed on overlays or tracings attached to mine maps;

4. The general elevation of each coalbed being mined and the general elevation of the surface;

5. Each producing or abandoned gas or oil well or gas transmission line located on the mine property;

6. The location and elevation of any body of water dammed or held back in any portion of the mine; however, such body of water may be shown on overlays or tracings attached to the mine maps;

7. Every prospect drill hole that penetrates a coalbed being mined on the mine property;

8. Every auger or surface-mined area of a coalbed being mined on the mine property together with the line of maximum depth of holes drilled during auger mining operations;

9. All worked out and abandoned areas;

10. The location of railroad tracks and public highways leading to the mine and mine buildings of a permanent nature with identifying names shown;

11. Underground coal mine workings underlying and within 1,000 feet of any active area of the mine;

12. The location and description of at least two permanent baseline points and the location and description of at least two permanent elevation bench marks used in connection with establishing or referencing mine elevation surveys;

13. The scale of the map; and

14. Other information required by the Chief.

H. Surface coal mine maps shall be kept up to date by temporary notations and revised and supplemented at intervals not to exceed six months based on a survey made and certified by a registered engineer or licensed land surveyor who has exercised complete direction and control over the work to which it is affixed. Temporary notations shall include:

1. The location of each working pit;

2. Auger or highwall miner workings; and

3. Other information that might affect the safety of miners, including updates of gas well or gas line locations.

I. Each surface survey shall originate from at least two permanent survey monuments on the mine property located with a minimum accuracy standard of one part in 10,000. The monuments shall be clearly referenced on the mine map. Elevations shall be tied to either the United States Geological Survey or the National Geodetic Survey bench mark system.

J. The original map, or a true copy thereof, shall be left by the operator at the active mine, open at all reasonable times for the examination and use of the mine inspector.

K. Such maps may be used by the Department for the evaluation of the coal resources of the Commonwealth.

L. The map shall be filed and preserved among the records of the Department and copies of such maps shall be made available at a reasonable cost.

M. Any person who has conducted mining operations or prepared mine maps and who has a map or surveying data of any worked out or abandoned underground coal mine shall on request make such map or data available to the Department to copy or reproduce.

Code 1950, § 45-10; 1954, c. 191; 1966, c. 594, §§ 45.1-27, 45.1-91; 1978, c. 118; 1980, c. 5; 1984, c. 590; 1986, c. 222; 1994, c. 28 , § 45 .1-161.64; 1995, c. 265 ; 1996, c. 774 ; 1997, c. 390 ; 1999, c. 256 ; 2005, c. 3 ; 2007, cc. 894 , 914 ; 2011, cc. 826 , 862 ; 2012, cc. 109 , 241 ; 2021, Sp. Sess. I, c. 387 ; 2025, cc. 91 , 109 .
Va. Code Ann. § 45.2-1716 — Virginia Code / Title 45.2 / Subtitle V / Chapter 17 / Article 5 / Section 45.2-1716
Appointment of a director; powers and duties
Status: in_force

A. The Board shall appoint an executive director to serve as the principal administrative officer of the Consortium. The executive director shall report to the Board and be under its supervision.

B. The executive director shall exercise all powers imposed upon him by law, carry out the specific duties imposed upon him by the Board, and develop appropriate policies and procedures for (i) identifying priority coastal energy research projects; (ii) cooperating with the General Assembly, federal, state, and local governmental agencies, nonprofit organizations, and private industry in formulating its research projects; (iii) selecting research projects to be funded; and (iv) disseminating information and transferring technology related to coastal energy within the Commonwealth. The executive director shall employ such personnel and secure such services as may be required to carry out the purposes of the Consortium, expend appropriated funds, and accept moneys from federal or private sources for cost-sharing on coastal energy projects.

2006, c. 939 , §§ 67-603, 67-604; 2009, c. 575 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1733 — Virginia Code / Title 45.2 / Subtitle V / Chapter 17 / Article 8 / Section 45.2-1733
(Effective until January 1, 2027) Sunset
Status: in_force

The provisions of this article shall expire on January 1, 2027.

2021, Sp. Sess. I, c. 493 .
Va. Code Ann. § 45.2-539 — Virginia Code / Title 45.2 / Subtitle II / Part A / Chapter 5 / Article 4 / Section 45.2-539
Operating without license; penalty
Status: in_force

A. In addition to any other power conferred by law, the Chief or his designated representative may issue an order closing any coal mine that is operating without a license. The procedure for issuing a closure order shall be as provided in § 45.2-569 .

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

Code 1950, § 45-17.4; 1958, c. 306; 1966, c. 594, § 45.1-25; 1978, c. 489; 1994, c. 28 , § 45.1-161.61; 1997, c. 390 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1213 — Virginia Code / Title 45.2 / Subtitle III / Part A / Chapter 12 / Article 2 / Section 45.2-1213
Notice of noncompliance served on operator
Status: in_force

A. The Director may cause a notice of noncompliance to be served on an operator whenever the operator fails to obey any order by the Director to:

1. Apply a control technique or institute an action approved in his operations or reclamation plan;

2. Comply with any required amendment to the operations or reclamation plan; or

3. Comply with any other requirement of this chapter or any regulation adopted pursuant to this chapter that affects the health, safety, or welfare of the Commonwealth.

B. A copy of the notice shall be delivered to the operator or served by certified mail addressed to the operator at the permanent address shown on the application for a permit. The notice shall specify in writing how the operator has failed to obey the order of the Director and shall require the operator to comply with the order within a reasonable period of time as fixed by the Director following service of the notice.

C. If the operator has not complied with the requirements set forth in the notice of noncompliance within the time limits fixed therein, the Director shall revoke the permit and declare the forfeiture of the entire bond. When the bond is collected, it shall be deposited in the Special Reclamation Fund created pursuant to § 45.2-1207 . After completion of the reclamation and payment of all fees as required by this chapter, any additional funds from the forfeiture of the bond shall be returned to the corporate surety, and any additional funds from the forfeiture of the collateral security, certified check, or cash that was deposited in lieu of bond shall be returned to the person who provided it originally or to the operator. Within 30 days of the issuance of any permit revocation or bond forfeiture made under this section, the operator may request a review pursuant to the provisions of Article 3 (§ 2.2-4018 et seq.) of the Administrative Process Act.

1977, c. 312, § 45.1-186.1; 2012, cc. 803 , 835 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-761 — Virginia Code / Title 45.2 / Subtitle II / Part B / Chapter 7 / Article 8 / Section 45.2-761
Mantrips
Status: in_force

A. Each mantrip that is operated by means of a locomotive shall be pulled and operated at a safe speed that is consistent with the condition of the road and the type of equipment used and shall be so controlled that it can be stopped within the limits of the operator's visibility.

B. Each mantrip shall be under the charge of an authorized person and operated independently of any loaded trip.

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

D. No person shall ride under a trolley wire other than in a suitably covered mantrip. A covered mantrip shall not be required under trolley wires that are guarded or positioned in accordance with subsection F of § 45.2-808 .

E. Other than small hand tools carried on the person, no supplies, tools, or materials shall be transported in the same car or cage with miners on any mantrip, except in a special compartment in the car designed for such purpose.

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

Code 1950, § 45-69.2; 1954, c. 191; 1966, c. 594, § 45.1-74; 1985, c. 296; 1994, c. 28 , § 45.1-161.150; 1996, c. 774 ; 1999, c. 256 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1209 — Virginia Code / Title 45.2 / Subtitle III / Part A / Chapter 12 / Article 2 / Section 45.2-1209
Review of operations plan and reclamation provision by Director; issuance of permit
Status: in_force

A. Upon receipt of an operations plan acceptable to the Director and bond as required by this article, the Director shall review the plan. If the Director approves the plan, he shall issue a permit. If the Director disapproves the plan, he shall furnish the applicant with his written objections thereto and his required amendments. Until the applicant amends his operations plan to meet the Director's reasonable objections and files a satisfactory amended plan with the Director, no permit shall be issued.

B. In reviewing the operations plan, if the Director finds that the operation will constitute a hazard to the public safety or welfare, or that a reasonable degree of reclamation or proper drainage control is not feasible, he may disapprove the permit application. However, the Director may approve the permit after deleting the areas from the permit application that he holds in his findings to be objectionable.

C. The Director shall issue the permit unless he finds that the applicant has had control or has had common control with a person, partnership, association, trust, or corporation that has had a mining permit revoked or bond or other security forfeited for failure to reclaim lands as required by law, in which event no permit shall be issued. However, if an operator who forfeited a bond pays, within 30 days of notice and demand by the Director, the cost of reclamation in excess of the amount of the forfeited bond, or if any bond is forfeited and the amount forfeited is equal to or greater than the cost of reclamation, such operator shall then become eligible for another permit.

1968, c. 734, § 45.1-184; 1974, c. 312; 1977, c. 312; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1727 — Virginia Code / Title 45.2 / Subtitle V / Chapter 17 / Article 8 / Section 45.2-1727
(Effective until January 1, 2027) Electric Vehicle Rebate Program
Status: in_force

There is hereby established an Electric Vehicle Rebate Program for the purchase of new and used electric motor vehicles to provide an incentive to increase electric vehicle awareness and adoption in the Commonwealth. The Program shall be administered by the Department. The Department shall determine the best method to administer the Program, which may include contracting with a third-party administrator. As provided in § 58.1-2420 , the Commissioner of the Department of Motor Vehicles may examine all records, books, papers, or other documents of any dealer in motor vehicles to verify the truth and accuracy of any statement or any other information relating to rebates claimed by the dealer.

2021, Sp. Sess. I, c. 493 , § 67-1901.
Va. Code Ann. § 45.2-1152 — Virginia Code / Title 45.2 / Subtitle III / Part A / Chapter 11 / Article 7 / Section 45.2-1152
Scheduling of mine inspections
Status: in_force

A. The Director shall schedule the inspections of mines under this article, to the extent deemed reasonable and prudent, in order to reduce their chronological proximity to inspections conducted by MSHA. To this end, the Director shall endeavor to coordinate the timing of inspections with MSHA personnel.

B. The Director and mine inspectors, to the extent deemed reasonable and prudent, shall schedule mine inspections to commence at a variety of hours of the day and days of the week, including evening and night shifts, weekends, and holidays.

1997, c. 390 , § 45.1-161.292:58; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1022 — Virginia Code / Title 45.2 / Subtitle II / Part C / Chapter 10 / Article 2 / Section 45.2-1022
Citizen suits; rights of citizens to accompany inspectors
Status: in_force

A. Except as provided in subsection B or C, any person having an interest that is or could be adversely affected may, in order to compel compliance with the provisions of this chapter, commence a civil action on his own behalf against:

1. The United States, any other governmental instrumentality or agency, or any person alleged to be in violation of any provision of this chapter or of any regulation, order, or permit issued pursuant thereto; or

2. The Director, when there is alleged a failure of the Director to perform any act or duty under this chapter that is not a discretionary act on the part of the Director.

B. No action shall be commenced under subdivision A 1:

1. Prior to 60 days after the plaintiff has given written notice of the violation to the Secretary, the Director, and any alleged violator; or

2. If the Commonwealth or the Secretary has commenced and is diligently prosecuting a civil or criminal action in a court of the United States or the Commonwealth to require compliance with the provisions of this chapter, or any regulation, order, or permit issued pursuant to this chapter, so long as in any such action in a court of the Commonwealth, any person is entitled to intervene as a matter of right.

C. No action shall be commenced under subdivision A 2 prior to 60 days after the plaintiff has given written notice of such action to the Director in a manner prescribed by regulation. However, such action may be brought immediately after such notification in any case in which it is alleged that a violation or order would constitute an imminent threat to the health or safety of the plaintiff or would immediately affect a legal interest of the plaintiff.

D. Any action with respect to a violation of this chapter or a regulation adopted hereunder may be brought only in the circuit court of the county or city in which the surface coal mining operation complained of is located. In any such action commenced under the provisions of this section, the Director may intervene as a matter of right, whether or not the Director is a party to the action.

E. The court, in issuing any final order in any action brought pursuant to subsection A, may award costs of litigation, including attorney and expert witness fees, to any party if the court determines such award is appropriate. If a preliminary injunction is sought, the court may require the filing of a bond or equivalent security in accordance with the rules of civil procedure.

F. Nothing in this section shall restrict any common-law or statutory right of any person or class of persons to seek enforcement of any provision of this chapter or the regulations adopted hereunder or to seek any other relief, including relief against the Director.

G. Any person who as a result of the violation by any operator of any regulation, order, or permit issued pursuant to this chapter suffers injury to his person or property may bring an action for damages, including reasonable attorney and expert witness fees. Such action shall be brought only in the circuit court of the county or city in which the surface coal mining operation complained of is located. Nothing in this subsection shall affect the rights established by or limits imposed under the Virginia Workers' Compensation Act (§ 65.2-100 et seq.).

H. Whenever information provided to the Director by any person results in any inspection, the Director shall notify such person of the time at which the inspection is scheduled to occur, and such person shall be allowed to accompany the inspector during the inspection.

1980, c. 510, § 45.1-246.1; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-579 — Virginia Code / Title 45.2 / Subtitle II / Part A / Chapter 5 / Article 10 / Section 45.2-579
First aid training of coal miners
Status: in_force

A. The Chief shall establish specifications for first aid and refresher training programs for miners at coal mines. Such specifications shall be no less than, but may exceed, the minimum requirements of the training programs that underground and surface coal mine operators are required to provide to their employees pursuant to the federal mine safety law. The Chief may utilize the Department's educational and training facilities in the conduct of such training programs and may require the cooperation of operators in making such programs available to their employees.

B. Each operator of a coal mine, upon request, shall make available to every miner employed in such mine the course of first aid training, including refresher training, as is required pursuant to subsection A.

1977, c. 679, § 45.1-101.2; 1978, c. 94; 1984, c. 590; 1994, c. 28 , § 45.1-161.101; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-115 — Virginia Code / Title 45.2 / Subtitle I / Chapter 1 / Article 3 / Section 45.2-115
Definitions
Status: in_force

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

"Bank" means the Virginia Clean Energy Innovation Bank.

"Bank Advisory Board" means the Virginia Clean Energy Innovation Bank Advisory Board

"Community navigator" means an organization that works to facilitate access to clean energy project financing by individuals and community groups.

"Credit enhancement" means a pool of capital set aside to cover potential losses on loans and other investments made by financing entities. "Credit enhancement" includes loan loss reserves and loan guarantees.

"Energy storage system" means a system that absorbs, stores, and discharges electricity. "Energy storage system" does not include fossil fuel storage or power-to-gas storage that directly uses fossil fuel inputs.

"Greenhouse gas emissions" means emissions of carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride emitted by anthropogenic sources.

"Historically economically disadvantaged community" has the same meaning as provided in § 56-576 .

"Loan loss reserves" means a pool of capital set aside to reimburse a private lender if a customer defaults on a loan, up to an agreed-upon percentage of loans originated by the private lender.

"Local workers" means Virginia residents who permanently reside within 150 miles of the location of a proposed project in which the Bank is considering participating.

"Microgrid system" means an electric grid that (i) serves a discrete geographical area from distributed energy resources and (ii) can operate independently from the central electric grid on a permanent or temporary basis.

"Qualified project" means a project, technology, product, service, or measure promoting energy efficiency, clean energy, electrification, or water conservation and quality that (i) substantially reduces greenhouse gas emissions; (ii) reduces energy use without diminishing the level of service; (iii) increases the deployment of renewable or non-carbon emitting energy projects, energy storage systems, district heating, smart grid technologies, or microgrid systems; (iv) replaces existing fossil-fuel-based technology with an end-use electric technology; (v) supports the development and deployment of electric vehicle charging stations and associated infrastructure, electric buses, and electric fleet vehicles; (vi) reduces water use or protects, restores, or preserves the quality of the Commonwealth's surface waters or the Chesapeake Bay; or (vii) incentivizes customers to shift demand in response to changes in the price of electricity or when system reliability is not jeopardized.

"Renewable energy" means electric energy generated by a source that is considered a renewable energy standard eligible source under the provisions of § 56-585.5 .

"Securitization" means the conversion of an asset composed of individual loans into marketable securities.

"Smart grid" means a digital technology that allows for two-way communication between a utility and the utility's customers and enables the utility to control power flow and load in real time.

2026, cc. 1125 , 1126 .
Va. Code Ann. § 45.2-1010 — Virginia Code / Title 45.2 / Subtitle II / Part C / Chapter 10 / Article 2 / Section 45.2-1010
Form and contents of permit application; fee
Status: in_force

A. Application for a surface mining permit shall be made to the Division in the format required by the Director and shall be signed and verified under oath by the person intending to engage in the surface mining of coal, or the person's legal representative.

B. The application shall contain the information required by regulations adopted by the Director, including the information required under the provisions of § 507(b) of the federal act.

C. To the extent that funds are available from the federal Office of Surface Mining Reclamation and Enforcement, the Director shall provide for permit application assistance to small operators as provided in § 507(c) and (h) of the federal act. Such assistance shall be provided in accordance with regulations adopted by the Director.

D. Each applicant for a permit shall be required to submit to the Division as part of the permit application an operation plan and a reclamation plan that meet the requirements of this chapter and regulations adopted by the Director.

E. Each application for a coal surface mining permit issued under this chapter shall be accompanied by a fee of $26 per acre for the area of land to be affected by the total operation for which plans have been submitted. A payment of $13 per acre for any area disturbed under the permit shall be payable annually on the anniversary date of the permit. All fees collected under the provisions of this section shall be paid into the Coal Surface Mining Regulatory Fund created pursuant to § 45.2-1007 .

F. Each applicant for a coal surface mining permit shall file a copy of his application for public inspection at an appropriate public office approved by the Director where the mining is proposed to occur. However, information that pertains only to the analysis of the chemical and physical property of the coal, excepting information regarding such mineral or elemental content that is potentially toxic in the environment, shall be kept confidential upon request of the applicant and not made a matter of public record.

G. Each applicant for a coal surface mining permit shall submit to the Division as part of the permit application a certificate issued by an insurance company authorized to do business in the Commonwealth certifying that the applicant has a public liability insurance policy in force for the surface mining and reclamation operation for which such permit is sought. Such policy shall provide for personal injury and property damage protection in an amount that is not less than that specified in regulations adopted by the Director and is adequate to compensate any person who is injured or whose property is damaged as a result of a surface coal mining and reclamation operation, including by the use of explosives, and who is entitled by law to compensation under applicable provisions of law. Such policy shall be maintained in full force and effect during the term of the permit and any renewal, including the length of all reclamation operations. The Director may adopt regulations that provide for the submission by the applicant of evidence of self-insurance, meeting the requirements of this subsection, in lieu of a certificate of a public liability insurance policy.

1979, c. 290, § 45.1-235; 1982, c. 246; 1984, c. 590; 1999, c. 114 ; 2003, cc. 542 , 550 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1040 — Virginia Code / Title 45.2 / Subtitle II / Part C / Chapter 10 / Article 4 / Section 45.2-1040
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 having jurisdiction wherein the property or some portion thereof is located to hold a hearing to determine the increase in the 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 this amount.

1979, c. 290, § 45.1-268; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-577 — Virginia Code / Title 45.2 / Subtitle II / Part A / Chapter 5 / Article 9 / Section 45.2-577
Membership; terms; compensation; quorum; meetings
Status: in_force

A. The Virginia Coal Mine Safety Board shall have a total membership of 10 members that shall consist of nine nonlegislative citizen members appointed by the Governor, subject to confirmation by the General Assembly, and one ex officio member. Nonlegislative citizen members shall be appointed as follows: three to be appointed from a list of individuals nominated by the Metallurgical Coal Producers Association; three to be appointed from a list of individuals nominated by the United Mine Workers of America; and three to be appointed from the Commonwealth at large. Nonlegislative citizen members of the Board shall serve at the pleasure of the Governor and be residents of the Commonwealth.

B. The members of the Board shall elect its chairman. Members shall serve for terms of four years and their successors shall be appointed for terms of the same length, but vacancies occurring other than by expiration of a term shall be filled for the unexpired term. Any member may be reappointed for successive terms. Members shall receive no compensation for their services but 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.

C. The Board shall hold meetings at times and places designated by the chairman. The chairman may call a meeting of the Board at any time and shall call a meeting of the Board within 20 days of receipt by the chairman of a written request for a meeting by another member of the Board. Notification of each meeting of the Board shall be given in writing to each member by the chairman at least five days in advance of the meeting. The chairman and any four or more members of the Board shall constitute a quorum for the transaction of any business of the Board.

1990, c. 963, §§ 45.1-5.2, 45.1-5.3; 1994, c. 28 , §§ 45.1-161.98, 45 .1-161.99; 2014, c. 438 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-565 — Virginia Code / Title 45.2 / Subtitle II / Part A / Chapter 5 / Article 7 / Section 45.2-565
Duties of operator
Status: in_force

A. The operator or his agent of each mine shall furnish the Chief and any mine inspector proper facilities for entering such mine and making examinations or obtaining information and shall furnish any data or information not of a confidential nature requested by such inspector or the Chief.

B. The operator of an underground coal mine or his agent shall provide a mine inspector or the Chief adequate means for transportation to the active working areas of the mine within a reasonable period of time following the mine inspector's arrival at the mine.

C. The operator or his agent shall, when ordered to do so by a mine inspector or the Chief during the course of his inspection, promptly clear the mine or a section thereof of all persons.

D. The mine operator shall implement a substance abuse screening policy and program for all miners that shall, at a minimum, include:

1. A pre-employment, 10-panel urine test for the following and any other substances as set out in regulation adopted by the Board of Coal Mining Examiners:

a. Amphetamines;

b. Cannabinoids/THC;

c. Cocaine;

d. Opiates;

e. Phencyclidine (PCP);

f. Benzodiazepines;

g. Propoxyphene;

h. Methadone;

i. Barbiturates; and

j. Synthetic narcotics.

Samples shall be collected by providers who are certified as complying with standards and procedures set out in the U.S. Department of Transportation's rule, 49 C.F.R. Part 40. Collected samples shall be tested by laboratories certified by the Substance Abuse and Mental Health Services Administration (SAMHSA) of the U.S. Department of Health and Human Services for collection and testing. The mine operator may implement a more stringent substance abuse screening policy and program; and

2. The review of the substance abuse screening program with each miner at the time of employment and annually thereafter.

E. The operator or his agent shall notify the Chief, on a form prescribed by the Chief, within seven days of any failure of a pre-employment substance abuse screening test and shall provide a record of the test showing such failure or violation. Notice shall result in the immediate temporary suspension of all certificates held by the applicant, pending a hearing before the Board of Coal Mining Examiners.

F. The operator or his agent shall notify the Chief, on a form prescribed by the Chief, within seven days of (i) discharging a miner due to violation of the company's substance or alcohol abuse policies, (ii) a miner testing positive for intoxication while on duty status, or (iii) a miner testing positive as using any controlled substance without the prescription of a licensed prescriber. An operator that has a substance abuse program shall not be required to notify the Chief under clause (iii) unless the miner having tested positive fails to complete the operator's substance abuse program. The notification shall be accompanied by a record of the test showing such positive results or violation. Notice shall result in the immediate temporary suspension of all certificates held by the applicant, pending a hearing before the Board of Coal Mining Examiners.

G. The provisions of this chapter shall not be construed to preclude an employer from developing or maintaining a substance and alcohol abuse policy, testing program, or substance abuse program that exceeds the minimum requirements set forth in this section.

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 , § 45.1-161.87; 1999, c. 256 ; 2007, cc. 894 , 914 ; 2010, cc. 809 , 857 ; 2021, Sp. Sess. I, c. 387 .