dcrodriguez/Code-of-Virginia huggingface dataset:
Code of Virginia — Title 45.2 (Mines, Minerals, and Energy), Chapter 10 (Virginia Coal Surface Mining Control and Reclamation Act of 1979)
§ 45.2-1026.  Hearings.
Every formal hearing shall be conducted in accordance with § 2.2-4020 unless the parties consent to informal proceedings. When a hearings officer presides, such officer shall recommend findings and a decision to the Director, who shall then issue findings and a decision, unless the Director provides for the making of findings and an initial decision by such hearings officer subject to review and reconsideration by the Director on appeal as of right or on the Director's own motion. Such regulations shall also provide for a reasonable time in which such appeals shall be acted upon, which shall be in addition to the period required for the making of the initial decision.

1979, c. 290, § 45.1-250; 1984, c. 590; 2021, Sp. Sess. I, c. 387.

Code of Virginia — Title 45.2 (Mines, Minerals, and Energy), Chapter 10 (Virginia Coal Surface Mining Control and Reclamation Act of 1979)
§ 45.2-1027.  Judicial review of final order or decision or decision under § 45.2-1035.
A. Any party aggrieved by a final order, decision, or decision for entry upon property pursuant to § 45.2-1035, issued by the Director, after exhaustion of the administrative remedies provided for in this chapter, has the right to the judicial review thereof in the circuit court of the county or city in which the land at issue or a major portion thereof is located. In all other respects, judicial review shall be in accordance with the provisions of the Administrative Process Act (§ 2.2-4000 et seq.).

B. The commencement of a proceeding under this section shall not, unless specifically ordered by the court, operate as a stay of the order or decision of the Director. The court may, under such conditions as it prescribes, grant such temporary relief as it deems appropriate pending final determination of the proceedings if:

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

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

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

C. The court may award costs and expenses, including attorney fees, to any party to any proceeding under this section and may assess such costs and expenses against any other party as the court deems proper. For the purpose of this subsection, "party" includes the Commonwealth or any of its agents, officers, or employees.

1979, c. 290, § 45.1-251; 1983, c. 93; 1984, c. 590; 1986, c. 615; 2021, Sp. Sess. I, c. 387.
Code of Virginia — Title 45.2 (Mines, Minerals, and Energy), Chapter 10 (Virginia Coal Surface Mining Control and Reclamation Act of 1979)
§ 45.2-1030.  Replacement of water supply.
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.
Code of Virginia — Title 45.2 (Mines, Minerals, and Energy), Chapter 10 (Virginia Coal Surface Mining Control and Reclamation Act of 1979)
§ 45.2-1031.  State Reclamation Program.
A. The Commonwealth's program for the reclamation of land and water adversely affected by past mining shall include the State Reclamation Plan, the Abandoned Mine Reclamation Fund created pursuant to § 45.2-1032, and annual reclamation projects, as provided for in this article.

B. The Director is authorized to develop and submit to the Secretary for approval a State Reclamation Plan in accordance with the provisions of Title IV of the federal act and of this article. The plan shall generally identify the areas to be reclaimed, the purposes for which the reclamation is proposed, the relationship of the lands to be reclaimed and the proposed reclamation to surrounding areas, the specific criteria for ranking and identifying projects to be funded, and the programmatic capability of the Division to perform such work, and shall include such regulations, policies, and procedures as may be necessary to establish and implement the plan and annual reclamation projects and to carry out the provisions of this article. The Director may from time to time develop and submit to the Secretary amendments and revisions to the plan consistent with this article.

C. The Director may:

1. Prepare and submit to the Secretary annual applications for the support of the State Reclamation Program and implementation of specific reclamation projects;

2. Enter into agreements with the Secretary for the emergency restoration, reclamation, abatement, control, or prevention of the adverse effects of coal mining practices;

3. Administer the State Reclamation Plan and annual reclamation projects and receive and administer grants from the Secretary therefor; and

4. Prepare and submit such information and reports as the Secretary requests.

D. The Director and the Department, in carrying out the functions of preparing and revising the State Reclamation Plan and developing annual reclamation projects, shall provide appropriate opportunities for public involvement.

1979, c. 290, § 45.1-260; 1984, c. 590; 2021, Sp. Sess. I, c. 387.
Code of Virginia — Title 45.2 (Mines, Minerals, and Energy), Chapter 10 (Virginia Coal Surface Mining Control and Reclamation Act of 1979)
§ 45.2-1032.  Abandoned Mine Reclamation Fund.
A. There is hereby created in the state treasury a special nonreverting fund to be known as the Abandoned Mine Reclamation Fund, referred to in this article as "the Fund." The Fund shall be established on the books of the Comptroller and shall be administered by the Director.

B. All funds granted by the Secretary for purposes of conducting the approved State Reclamation Plan and annual reclamation projects; use fees charged for uses of lands acquired or reclaimed pursuant to this article, after expenditures for maintenance have been deducted; moneys recovered through the satisfaction of liens filed against privately owned land pursuant to this article; moneys recovered from sale of lands acquired by the Director pursuant to this article; and donations made for the purposes of this article and other moneys made available or appropriated to the Director for such purposes shall be paid into the state treasury and credited to the Fund.

C. 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.

D. Moneys in the Fund shall be used solely for the purpose of carrying out the State Reclamation Program as approved by the Secretary. 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.

1979, c. 290, § 45.1-261; 2021, Sp. Sess. I, c. 387.

Code of Virginia — Title 45.2 (Mines, Minerals, and Energy), Chapter 10 (Virginia Coal Surface Mining Control and Reclamation Act of 1979)
§ 45.2-1032.1. Abandoned Mine Land Grant Retention Fund.
There is hereby created in the state treasury a special nonreverting fund to be known as the Abandoned Mine Land Grant Retention Fund, referred to in this section as "the Fund." The Fund shall be established on the books of the Comptroller and shall be administered by the Director. All eligible designated funds received under § 40701 of the federal Infrastructure Investment and Jobs Act, P.L. 117-58, shall be paid into the state treasury and credited to the Fund and shall be the sole source for the Fund. Interest earned on moneys in the Fund shall remain in the Fund and be credited to it. Any moneys remaining in the Fund, including interest thereon, at the end of each fiscal year shall not revert to the general fund but shall remain in the Fund. Moneys in the Fund shall be used solely for the purpose of carrying out the activities described in § 40701(c) of the federal Infrastructure Investment and Jobs Act, P.L. 117-58. Expenditures and disbursements from the Fund shall be made by the State Treasurer on warrants issued by the Comptroller upon written request signed by the Director.

2025, c. 151.
Code of Virginia — Title 45.2 (Mines, Minerals, and Energy), Chapter 10 (Virginia Coal Surface Mining Control and Reclamation Act of 1979)
§ 45.2-1033.  Operator may perform reclamation; bidding; conditions; adjustment of required bonds; regulations.
A. Notwithstanding any licensing requirement under Title 54.1, an operator is eligible to bid on contracts to conduct reclamation projects under the State Reclamation Program and the Coal Surface Mining Reclamation Fund in accordance with this article and Article 5 (§ 45.2-1043 et seq.) if the Director finds that the following conditions have been met: (i) the operator has had at least three years of relevant mining experience in the Commonwealth pursuant to this chapter and (ii) the operator meets all other applicable requirements of federal, state, and local law.

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

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

1983, c. 77, § 45.1-261.1; 1984, c. 590; 1991, c. 495; 2013, cc. 47, 129; 2021, Sp. Sess. I, c. 387.

Code of Virginia — Title 45.2 (Mines, Minerals, and Energy), Chapter 10 (Virginia Coal Surface Mining Control and Reclamation Act of 1979)
§ 45.2-1034.  Eligible lands and water; priorities for expenditures.
A. Lands and water eligible for reclamation or drainage abatement expenditures under this article are those that were (i) mined for coal or (ii) affected by coal mining, waste banks, coal processing, or other coal mining processes, and were abandoned or left in an inadequate reclamation status and for which there is no continuing reclamation responsibility under state or federal law.

B. The Director shall establish priorities in the State Reclamation Plan for the expenditure of funds in conformance with the priorities set forth in § 403 of the federal act.

1979, c. 290, § 45.1-262; 1984, c. 590; 2021, Sp. Sess. I, c. 387.
Code of Virginia — Title 45.2 (Mines, Minerals, and Energy), Chapter 10 (Virginia Coal Surface Mining Control and Reclamation Act of 1979)
§ 45.2-1036.  Commonwealth to have lien for reclamation work.
The Commonwealth shall have a lien, if perfected as provided in § 45.2-1037, on land reclaimed by the Director pursuant to this article for the amount of the increase in the appraised market value of the land resulting from the reclamation. However, no such lien shall attach to or be filed against the property of any person who owned the surface of the land prior to May 2, 1977, and who did not consent to, participate in, or exercise control over the mining operation that necessitated the reclamation performed under this article. Nor shall any such lien attach to or be filed against any property if the Director waives the lien as provided in § 45.2-1037.

1979, c. 290, § 45.1-264; 2021, Sp. Sess. I, c. 387.

Code of Virginia — Title 45.2 (Mines, Minerals, and Energy), Chapter 10 (Virginia Coal Surface Mining Control and Reclamation Act of 1979)
§ 45.2-1037.  Perfection of lien; waiver of lien.
A. The Director shall perfect the lien given under the provisions of § 45.2-1036 by filing, within six months after completion of the reclamation, in the clerk's office of the court of the county or city in which the land or any part thereof is located, a statement consisting of the name of the owner of record of the property sought to be charged; an itemized account of moneys expended for the reclamation work; notarized copies of appraisals, made by an independent appraiser, of the fair market value of the land both before and upon completion of the reclamation work; and a brief description of the property to which the lien attaches.

B. The Director shall waive a lien if he determines that the direct and indirect costs of filing such lien exceed the increase in fair market value resulting from reclamation or that the reclamation primarily benefits health, safety, or environmental values of the community or area in which the land is located. If reclamation is necessitated by an unforeseen occurrence, the Director shall waive a lien if he determines that the reclamation will not result in a significant increase in the market value of the land.

1979, c. 290, § 45.1-265; 2021, Sp. Sess. I, c. 387.

Code of Virginia — Title 45.2 (Mines, Minerals, and Energy), Chapter 10 (Virginia Coal Surface Mining Control and Reclamation Act of 1979)
§ 45.2-1038.  Recordation and indexing of lien; notice.
It is the duty of the clerk in whose office the statement described in § 45.2-1037 is filed to record such statement in the deed books of such office and to index such recording in the general index of deeds. Such indexing shall be made in the name of the Commonwealth as well as the owner of the property and shall show the type of such lien. From the time of such recording and indexing, all persons shall be deemed to have notice thereof.

1979, c. 290, § 45.1-266; 2021, Sp. Sess. I, c. 387.
Code of Virginia — Title 45.2 (Mines, Minerals, and Energy), Chapter 10 (Virginia Coal Surface Mining Control and Reclamation Act of 1979)
§ 45.2-1039.  Priority of lien.
Any lien acquired under this article shall have priority as a lien second only to the lien of real estate taxes imposed upon the land.

1979, c. 290, § 45.1-267; 2021, Sp. Sess. I, c. 387.

Code of Virginia — Title 45.2 (Mines, Minerals, and Energy), Chapter 10 (Virginia Coal Surface Mining Control and Reclamation Act of 1979)
§ 45.2-1040.  Hearing to determine amount of lien.
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.

Code of Virginia — Title 45.2 (Mines, Minerals, and Energy), Chapter 10 (Virginia Coal Surface Mining Control and Reclamation Act of 1979)
§ 45.2-1041.  Satisfaction of lien.
Any lien acquired under this article shall be satisfied to the extent of the value of the consideration received at the time of transfer of ownership. Any unsatisfied portion shall remain as a lien on the property and shall be satisfied in accordance with this section. If an owner fails to satisfy a lien as provided in this article, the Director may proceed to enforce the lien by a petition filed in a circuit court having jurisdiction wherein the property or some portion thereof is located.

1979, c. 290, § 45.1-269; 2021, Sp. Sess. I, c. 387.

Code of Virginia — Title 45.2 (Mines, Minerals, and Energy), Chapter 10 (Virginia Coal Surface Mining Control and Reclamation Act of 1979)
§ 45.2-1042.  Miscellaneous powers of Director.
A. In addition to any other remedies provided for in this chapter, the Director may petition any court of competent jurisdiction for an injunction to restrain any interference with the exercise of the right to enter or to conduct any work pursuant to this chapter.

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

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

1979, c. 290, § 45.1-270; 2021, Sp. Sess. I, c. 387.
Code of Virginia — Title 45.2 (Mines, Minerals, and Energy), Chapter 10 (Virginia Coal Surface Mining Control and Reclamation Act of 1979)
§ 45.2-1043.  Coal Surface Mining Reclamation Fund.
There is hereby created in the state treasury a special nonreverting fund to be known as the Coal Surface Mining Reclamation Fund, referred to in this article as "the Fund." The Fund shall be established on the books of the Comptroller. All payments made into the Fund in accordance with the provisions of this article shall be paid into the state treasury and credited to the Fund. Interest earned on moneys in the Fund shall remain in the Fund and be credited to it. Any moneys remaining in the Fund, including interest thereon, at the end of each fiscal year shall not revert to the general fund but shall remain in the Fund. Moneys in the Fund shall be used solely for the purposes set forth in this article. 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.

1982, c. 334, § 45.1-270.1; 2021, Sp. Sess. I, c. 387.
Code of Virginia — Title 45.2 (Mines, Minerals, and Energy), Chapter 10 (Virginia Coal Surface Mining Control and Reclamation Act of 1979)
§ 45.2-1044.  Participation in Fund.
A. Participation in the Fund is open to any operator applying for a permit under this chapter who can demonstrate to the Director a history of at least three consecutive years of compliance under this chapter or any other comparable state or federal act.

B. Participation in the Fund is optional as to each permit application, and approval of such participation by the Division, upon payment by the operator of all entrance fees to the Fund required by this article, shall constitute compliance with all requirements of § 45.2-1016 and regulations issued pursuant thereto. Such participation shall relieve the operator of all bonding requirements except those set forth in this article. Nothing in this article shall preclude compliance with § 45.2-1016 in lieu of participation in the Fund, prior to commencement of such participation. Commencement of participation in the Fund, as to the applicable permit, constitutes an irrevocable commitment to participate therein as to the applicable permit and for the duration of the coal surface mining operations covered thereunder.

C. For any mining operation bonded under this article, the total cumulative amount of exposed highwall shall not exceed 1,500 linear feet. The width of the coal pit shall be limited to two mining cuts or 500 feet, whichever is less, measured perpendicular from the most advanced highwall to the coal outcrop or to the nearest point of rough backfilling and grading.

D. The Director may allow extended distances for rough backfilling and grading beyond those established in this section the applicant (i) can demonstrate to the Director a history of at least seven consecutive years of compliance with this chapter or with any other comparable state or federal act or (ii) submits a bond for the proposed additional area. The additional bond shall be equal to the ratio of the extended distance to the distance specified in subsection C, multiplied by an approved cost estimate of reclamation prepared for the permit.

1982, c. 334, § 45.1-270.2; 1983, c. 131; 1989, c. 432; 2021, Sp. Sess. I, c. 387.
Code of Virginia — Title 45.2 (Mines, Minerals, and Energy), Chapter 10 (Virginia Coal Surface Mining Control and Reclamation Act of 1979)
§ 45.2-1046.  Assessment of reclamation tax revenues for Fund.
A. There is hereby levied a reclamation tax upon the production of coal by each operator participating in the Fund under a permit issued under this chapter as set forth in this article.

B. Thirty days after the end of each calendar quarter during which the total balance of the Fund, including interest thereon, is less than $20 million, each operator shall pay into the Fund an amount equal to:

1. Four cents per clean ton of coal produced by a surface mining operation permitted under this chapter;

2. Three cents per clean ton of coal produced by a deep mining operation permitted under this chapter; and

3. One and one-half cents per clean ton of coal processed or loaded by a preparation or loading facility permitted under this chapter.

C. At the end of each calendar quarter during which the total balance in the Fund, including interest thereon, exceeds $20 million, payments under this section shall cease until again required pursuant to subsection B.

D. In no event shall any operator pay reclamation tax under this section on total coal production in excess of five million tons per calendar year, regardless of the number of permits held by that operator. In no event shall any operator holding more than one type of permit pay tax at a rate in excess of five and one-half cents per ton on coal originally surface-mined by that operator or in excess of four and one-half cents per ton on coal originally deep-mined by that operator. Any operator holding one permit upon which coal is mined and processed or loaded shall pay only the tax applicable under this section to the surface mining operation or deep mining operation.

1982, c. 334, § 45.1-270.4; 1983, c. 131; 1987, c. 468; 1991, c. 495; 2014, cc. 111, 135; 2021, Sp. Sess. I, c. 387.
Code of Virginia — Title 45.2 (Mines, Minerals, and Energy), Chapter 10 (Virginia Coal Surface Mining Control and Reclamation Act of 1979)
§ 45.2-1047.  Special assessment.
A. In addition to the tax assessed pursuant to § 45.2-1046, and in order to ensure Fund solvency, the Director of the Division shall require each permittee to pay any special assessment made pursuant to subsection B.

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

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

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

1990, c. 427, § 45.1-270.4:1; 1991, c. 495; 2021, Sp. Sess. I, c. 387.
Code of Virginia — Title 45.2 (Mines, Minerals, and Energy), Chapter 10 (Virginia Coal Surface Mining Control and Reclamation Act of 1979)
§ 45.2-1048.  Collection of reclamation tax and penalties for nonpayment.
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.
Code of Virginia — Title 45.2 (Mines, Minerals, and Energy), Chapter 10 (Virginia Coal Surface Mining Control and Reclamation Act of 1979)
§ 45.2-1049.  Forfeiture of bonds on operations participating in the Fund; alternative remedies.
A. Forfeiture of bonds of an operation participating in the Fund shall be accomplished as set forth in § 45.2-1023 and the regulations adopted by the Director.

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

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

1987, c. 468, § 45.1-270.5:1; 2021, Sp. Sess. I, c. 387.

Code of Virginia — Title 45.2 (Mines, Minerals, and Energy), Chapter 10 (Virginia Coal Surface Mining Control and Reclamation Act of 1979)
§ 45.2-1050.  Reinstatement to the Fund; recovery of Fund expenditures.
A. An operator who has defaulted on any reclamation obligation and has thereby caused the Fund to incur reclamation expenses shall not be eligible to participate in the Fund thereafter until restitution for such default has been made. Compliance with this requirement shall be a prerequisite to the filing by the operator of any new permit application under this chapter but shall not affect the operator's obligation to comply with all other requirements of this chapter in applying for a permit.

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

1982, c. 334, § 45.1-270.6; 1987, c. 468; 2021, Sp. Sess. I, c. 387.
Code of Virginia — Title 45.2 (Mines, Minerals, and Energy), Chapter 11 (Mineral Mine Safety Act)
§ 45.2-1100.  Mineral Mine Safety Act.
For purposes of this title, this chapter and Chapters 14 (§ 45.2-1400 et seq.) and 15 (§ 45.2-1500 et seq.) shall be known as the Mineral Mine Safety Act.

1997, c. 390, § 45.1-161.292:1; 2021, Sp. Sess. I, c. 387.
Code of Virginia — Title 45.2 (Mines, Minerals, and Energy), Chapter 11 (Mineral Mine Safety Act)
§ 45.2-1102.  Safety and health.
In safety and health, all mineral miners are to be governed by the Act, Article 1 (§ 45.2-1300 et seq.) of Chapter 13, any other section of the Code relating to the safety and health of miners, and regulations adopted by the Department.

1997, c. 390, § 45.1-161.292:3; 2021, Sp. Sess. I, c. 387.

Code of Virginia — Title 45.2 (Mines, Minerals, and Energy), Chapter 11 (Mineral Mine Safety Act)
§ 45.2-1103.  Special safety rules.
The operator of a mine may adopt special safety rules for the safety and operation of his mine regarding the work pertaining thereto inside and outside of the mine. Such rules, however, shall not conflict with the provisions of the Act. Such rules, if established, shall be posted at some conspicuous place about the mine where they may be seen by all miners subject to such rules. In lieu of posting the rules, the operator may furnish a printed copy of such rules to each miner subject to such rules.

1997, c. 390, § 45.1-161.292:4; 1998, c. 695; 2021, Sp. Sess. I, c. 387.

Code of Virginia — Title 45.2 (Mines, Minerals, and Energy), Chapter 11 (Mineral Mine Safety Act)
§ 45.2-1104.  Persons permitted to work in mines; age requirements.
A. No person under 18 years of age shall be permitted to work in any mine.

B. The Department shall conform to § 212 of the federal Fair Labor Standards Act, 29 U.S.C. § 201 et seq., and federal regulations adopted pursuant to that Act with respect to any person under 18 years of age working around any mine.

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

1997, c. 390, § 45.1-161.292:5; 2020, c. 804; 2021, Sp. Sess. I, c. 387.

Code of Virginia — Title 45.2 (Mines, Minerals, and Energy), Chapter 11 (Mineral Mine Safety Act)
§ 45.2-1105. Prohibited acts by miners or other persons; miners to comply with law.
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.
Code of Virginia — Title 45.2 (Mines, Minerals, and Energy), Chapter 11 (Mineral Mine Safety Act)
§ 45.2-1106.  Safety materials and supplies.
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.

Code of Virginia — Title 45.2 (Mines, Minerals, and Energy), Chapter 11 (Mineral Mine Safety Act)
§ 45.2-1107.  Notifying miners of violations; compliance with Act.
A. The operator and his agent shall cooperate with the mine foreman, competent person, and other officials in the discharge of their duties as required by the Act. Such operator and agent shall direct all miners to comply with all provisions of the Act, especially when the attention of such operator or agent is called by the Director or a mine inspector to any violation of the Act.

B. The operator of any mine or his agent shall operate at all times in full conformity with the Act and any other mining law of the Commonwealth, including any regulation of the Department. This requirement shall not relieve any other person who is subject to the provisions of the Act from his duty to comply with the requirements of the Act.

C. Nothing in the Act shall be construed to relieve an operator or his agent from the duty imposed at common law to secure the reasonable safety of his employees.

D. No operator, agent, competent person, or certified person shall knowingly permit any person to work in any part of a mine in violation of written instructions issued by a mine inspector pursuant to the Act.

1997, c. 390, § 45.1-161.292:8; 1998, c. 695; 2021, Sp. Sess. I, c. 387.
Code of Virginia — Title 45.2 (Mines, Minerals, and Energy), Chapter 11 (Mineral Mine Safety Act)
§ 45.2-1108.  Affiliations of Department personnel with labor union, mining company, etc.; interest in mine; inspections of mines where inspector previously employed.
A. Neither the Director nor any other officer or employee of the Department shall, upon taking office or being employed, or at any other time during the term of his office or employment, have any affiliation with any operating company, operators' association, or labor union or fail to comply with the provisions of the State and Local Government Conflict of Interests Act (§ 2.2-3100 et seq.). Neither the Director nor any other officer while in office shall be directly or indirectly interested as owner, partner, proprietor, lessor, operator, superintendent, or engineer of any mine, nor shall the Director or any other officer while in office own any stock in a corporation that owns a mine either directly or through a subsidiary.

B. Neither the Director nor any mine inspector shall perform an inspection at any mine at which he was last employed for a period of two years following termination of his employment.

1997, c. 390, § 45.1-161.292:9; 2021, Sp. Sess. I, c. 387.

Code of Virginia — Title 45.2 (Mines, Minerals, and Energy), Chapter 11 (Mineral Mine Safety Act)
§ 45.2-1109. Appointment and general qualifications of mine inspectors.
A. Each mine inspector shall be appointed by the Director.

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

1997, c. 390, §§ 45.1-161.292:10, 45.1-161.292:11; 2012, cc. 803, 835; 2021, Sp. Sess. I, c. 387; 2025, cc. 390, 405.

Code of Virginia — Title 45.2 (Mines, Minerals, and Energy), Chapter 11 (Mineral Mine Safety Act)
§ 45.2-1110.  Qualifications of mine inspectors.
Each mine inspector conducting inspections of mineral mines shall have a thorough knowledge of the various systems of working and ventilating underground mineral mines and working surface mineral mines, the control of mine roof and ground control, methods of rescue and recovery in mining operations, the application of electricity and mechanical loading in mining operations, equipment and explosives used in mining, and mine haulage.

1997, c. 390, § 45.1-161.292:12; 2021, Sp. Sess. I, c. 387.
Code of Virginia — Title 45.2 (Mines, Minerals, and Energy), Chapter 11 (Mineral Mine Safety Act)
§ 45.2-1111.  Duties of Director.
A. The Director shall (i) supervise the execution and enforcement of all laws pertaining to the safety and health of persons employed within or at mineral mines within the Commonwealth and the protection of property used in connection therewith and (ii) perform all other duties required pursuant to the Act.

B. The Director shall keep a record of all inspections of mineral mines made by him or his authorized representatives. The Director shall also keep a permanent record of such inspections, properly indexed, and such record shall at all times be open to inspection by any citizen of the Commonwealth.

1997, c. 390, § 45.1-161.292:13; 2021, Sp. Sess. I, c. 387.

Code of Virginia — Title 45.2 (Mines, Minerals, and Energy), Chapter 11 (Mineral Mine Safety Act)
§ 45.2-1112.  Technical specialists.
The Director may appoint technical specialists in the areas of roof control, electricity, ventilation, and other mine specialties. Each technical specialist shall have all the qualifications of a mine inspector plus any specialized knowledge required in his field. A technical specialist shall advise the Director and mine operators in the areas of his specialty and shall have the power of an inspector to issue a closure order only in a case of imminent danger.

1997, c. 390, § 45.1-161.292:14; 2021, Sp. Sess. I, c. 387.

Code of Virginia — Title 45.2 (Mines, Minerals, and Energy), Chapter 11 (Mineral Mine Safety Act)
§ 45.2-1113.  Records of Board of Mineral Mining Examiners.
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.
Code of Virginia — Title 45.2 (Mines, Minerals, and Energy), Chapter 11 (Mineral Mine Safety Act)
§ 45.2-1114.  Certification of certain persons employed in mineral mines; powers of the Department.
A. The Department may require certification of each person who works in a mineral mine or whose duties and responsibilities in relation to mineral mining require competency, skill, or knowledge in order to perform the tasks required of him in a manner consistent with the preservation of the health and safety of persons and property. Each of the following certificates shall be issued by the Department, and a person who holds such a certificate is authorized to perform the tasks that the Act requires to be performed by such certified person:

1. Surface foreman;

2. Surface foreman open pit;

3. Underground foreman;

4. Surface blaster;

5. Electrical repairman;

6. Underground mining blaster;

7. General mineral miner; and

8. Mine inspector.

B. Certification shall also be required for any additional tasks that the Department requires by regulation.

C. The Department may adopt regulations necessary or incidental to the performance of duties or the execution of powers conferred under this title. Such regulations shall be adopted in accordance with the provisions of Article 2 (§ 2.2-4006 et seq.) of the Administrative Process Act.

1997, c. 390, § 45.1-161.292:19; 2012, cc. 803, 835; 2021, Sp. Sess. I, c. 387.

Code of Virginia — Title 45.2 (Mines, Minerals, and Energy), Chapter 11 (Mineral Mine Safety Act)
§ 45.2-1115.  Examinations required for Mineral Mining Certifications.
A. The Department may require the examination of each applicant for certification. The Department shall require the examination of each applicant for a mine inspector certification. The Department may require such other information from an applicant as necessary to ascertain competency and qualifications for each task.

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

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

1997, c. 390, § 45.1-161.292:20; 2012, cc. 803, 835; 2021, Sp. Sess. I, c. 387.
Code of Virginia — Title 45.2 (Mines, Minerals, and Energy), Chapter 11 (Mineral Mine Safety Act)
§ 45.2-1116.  Performance of certain tasks by uncertified persons; penalty.
It is unlawful for any person to perform any task requiring Department certification unless he has been certified. It is unlawful for an operator or his agent to permit any uncertified person to perform such task. A violation of this section constitutes a Class 1 misdemeanor. Each day of operation without a required certification constitutes a separate offense. A certificate issued by the Board of Mineral Mining Examiners prior to July 1, 2012, shall be acceptable as a certificate issued by the Department until the Department provides otherwise by appropriate regulations.

1997, c. 390, § 45.1-161.292:21; 2012, cc. 803, 835; 2021, Sp. Sess. I, c. 387.

Code of Virginia — Title 45.2 (Mines, Minerals, and Energy), Chapter 11 (Mineral Mine Safety Act)
§ 45.2-1117.  Examination fees; Mineral Mining Examiners' Fund.
A. A fee of $10 shall be paid to the Director by each person examined before the commencement of the examination.

B. There is hereby created in the state treasury a special nonreverting fund to be known as the Mineral Mining Examiners' Fund, referred to in this section as "the Fund." The Fund shall be established on the books of the Comptroller. All fees collected pursuant to subsection A, together with moneys collected pursuant to § 45.2-1119, shall be paid into the state treasury and credited to the Fund. Interest earned on moneys in the Fund shall remain in the Fund and be credited to it. Any moneys remaining in the Fund, including interest thereon, at the end of each fiscal year shall not revert to the general fund but shall remain in the Fund.

C. The Fund shall be administered by the Director, and moneys in the Fund shall be used solely for the purposes of payment of the cost of printing certificates and other necessary forms and the incidental expenses incurred by the Department in conducting examinations, reviewing examination papers, and conducting its other duties pursuant to this article. Expenditures and disbursements from the Fund shall be made by the State Treasurer on warrants issued by the Comptroller upon written request signed by the Director. The Director shall keep accounts and records concerning the receipts and expenditures of the Fund as required by the Auditor of Public Accounts.

1997, c. 390, § 45.1-161.292:22; 2012, cc. 803, 835; 2021, Sp. Sess. I, c. 387.
Code of Virginia — Title 45.2 (Mines, Minerals, and Energy), Chapter 11 (Mineral Mine Safety Act)
§ 45.2-1118.  Reciprocal acceptance of other certifications.
In lieu of conducting an examination prescribed by law or regulation, the Department may issue to any person holding a certificate issued by another state a certificate permitting him to perform similar tasks in the Commonwealth so long as (i) the Department finds that the requirements for certification in such other state are substantially equivalent to those of the Commonwealth and (ii) holders of certificates issued by the Department are permitted to perform similar tasks in such state, and obtain similar certification from such state if required, upon presentation of the certificate issued by the Department and without additional testing, training, or other requirements not directly related to program administration.

1997, c. 390, § 45.1-161.292:22; 2012, cc. 803, 835; 2021, Sp. Sess. I, c. 387.

Code of Virginia — Title 45.2 (Mines, Minerals, and Energy), Chapter 11 (Mineral Mine Safety Act)
§ 45.2-1119. Renewal of certificates.
The holder of any certificate issued by the Department, other than a general mineral miner certificate or a mineral mine inspector certificate, may renew the certificate by successfully completing the examination for the renewal of such certificate. The Department shall establish requirements for renewal of a certificate in accordance with the procedure set forth in § 45.2-1115. The Department shall notify a certificate holder at least 180 days prior to the expiration of the certificate. Any certificate requiring renewal that is not renewed by the fifth anniversary of its issuance or of a previous renewal is invalid. As a condition to renewal, the holder shall provide the Department with all administrative information reasonably required and pay the examination fee as provided in § 45.2-1117.

1997, c. 390, § 45.1-161.292:25; 2012, cc. 803, 835; 2021, Sp. Sess. I, c. 387; 2025, cc. 390, 405.