dcrodriguez/Code-of-Virginia huggingface dataset:
Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 4 (AIR RAID PRECAUTIONS)
§ 44-147. Repealed.
Repealed by Acts 2015, c. 221, cl. 2.
Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 5 (MOBILIZATION OF FIRE FIGHTERS)
§ 44-152. Outside service by fire departments.
Whenever a state of war exists between the United States and any foreign country and at the request of the chief executive of any county, city or town in this Commonwealth the head of any other fire department may, or if so ordered by the Governor shall, detail, assign and make available for duty and use in such county, town or city any part of the officers, fire fighters, forces, fire-fighting apparatus or other equipment under his command or control.

1942, p. 369; Michie Code 1942, § 2673(137); 1977, c. 326.

Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 5 (MOBILIZATION OF FIRE FIGHTERS)
§ 44-153. Powers, duties, rights, privileges and immunities.
Whenever all or any part of the regular fire-fighting forces of any county, town or city in this Commonwealth are engaged in rendering services pursuant to this chapter, the officers and members of such fire-fighting forces shall have the same powers, duties, rights, privileges and immunities as if they were performing their duties in the political subdivision in which they are normally employed.

1942, p. 369; Michie Code 1942, § 2673(138).

Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 5 (MOBILIZATION OF FIRE FIGHTERS)
§ 44-154. Loss, damages, expense or cost.
The county, town or city in which any equipment is used pursuant to this chapter shall be liable for any loss or damage thereto and to the supplies therefor and shall pay any expenses incurred in the operation and maintenance thereof, including the cost of all materials and supplies therefor. No claim for any such loss, damage, expense or cost shall be allowed unless, within sixty days after the same has been sustained or incurred, a written notice of such claim, under oath and itemizing the same, is served by mail or otherwise upon the treasurer of such county, town or city where such equipment was so used.

1942, p. 369; Michie Code 1942, § 2673(139).

Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 5 (MOBILIZATION OF FIRE FIGHTERS)
§ 44-155. Liability for acts or omissions.
Neither the Commonwealth nor the political subdivision of the Commonwealth whose fire-fighting forces are engaged pursuant to this chapter shall be liable or accountable in any way for or on account of any act or omission on the part of an officer or member of such forces while engaged pursuant to this chapter or for or on account of the operation, maintenance or use of any apparatus, equipment or supplies in connection therewith, nor shall any fire commissioner, fire chief or other superior officer or head of a fire department, fire company or other fire-fighting forces, acting pursuant to this chapter, be held liable or accountable in any way for or on account of any act or omission on the part of any of his subordinates without the political subdivision of their appointment while such subordinates are under the command of an officer other than himself.

1942, p. 369; Michie Code 1942, § 2673(140).
Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 5 (MOBILIZATION OF FIRE FIGHTERS)
§ 44-156. Reimbursement for salaries and expenses.
The political subdivision in which aid or assistance is given pursuant to this chapter shall reimburse the political subdivision furnishing such aid and assistance for any moneys paid for the salaries or other compensation of employees furnished under this chapter during the time they shall not be performing their duties in the political subdivision by which they are employed or act and shall defray the actual traveling and maintenance expenses of such employees while they are rendering such aid and assistance. The provisions of this section and the term "employee" as used herein shall mean and apply with equal effect to paid and volunteer fire fighters.

1942, p. 370; Michie Code 1942, § 2673(141); 1977, c. 326.

Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 5 (MOBILIZATION OF FIRE FIGHTERS)
§ 44-157. Temporary substitute fire-fighting forces.
Whenever all or any part of the regular fire-fighting forces of any county, city or town in the Commonwealth are engaged in rendering aid and assistance, pursuant to this chapter, substitute fire fighters, not exceeding the number of regular fire fighters engaged in rendering such aid and assistance, may be appointed in the same manner as provided by law for the appointment of such regular fire fighters. Except in the case of a volunteer fire company, the compensation of such substitute fire fighters shall be fixed at a sum not greater than the lowest rate of pay for a regular fire fighter in such fire department, company or fire-fighting force. Each person appointed under this section shall be vested with the same powers and charged with the same duties as if he were a regular member of such fire department, company or fire-fighting force. No appointment under this section shall continue for more than two days after the regular fire fighters for whom they are substituting have returned to duty. The compensation of any substitute fire fighter appointed pursuant to this section and any allowable expense actually and necessarily incurred by him in the performance of his duties shall be charged against the county, city or town in and for which he was appointed and shall be audited and allowed in the same manner as other charges against the county, city or town are audited and allowed.

1942, p. 370; Michie Code 1942, § 2673(142); 1977, c. 326.

Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 5 (MOBILIZATION OF FIRE FIGHTERS)
§ 44-158. Rules and regulations.
The Governor is hereby authorized and empowered to prescribe all necessary and reasonable rules and regulations in order to carry out the provisions of this chapter.

1942, p. 370; Michie Code 1942, § 2673(143).

Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 5 (MOBILIZATION OF FIRE FIGHTERS)
§ 44-159. When chapter in effect.
This chapter shall be in effect only during the time a state of war exists between the United States and any foreign country.

1942, p. 370; Michie Code 1942, § 2673(144).
Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 6 (EMERGENCY FAIR RENT ACT [Repealed])
§ 44-160. Repealed.
Repealed by Acts 1950, p. 188.
Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 7 (MISCELLANEOUS LAWS)
§ 44-204. Leaves of absence for employees of Commonwealth or political subdivisions.
All officers and employees of the Commonwealth, or of any political subdivision of the Commonwealth who are members of the Virginia Defense Force or National Defense Executive Reserve shall be entitled to leaves of absence from their respective duties without loss of pay, seniority, accrued leave, or efficiency rating on all days during which they shall be engaged in training approved by the Governor or his designee, not to exceed 21 workdays per federal fiscal year unless such officer or employee is a professional firefighter. Any officer or employee of the Commonwealth or of any political subdivision of the Commonwealth who is a professional firefighter and a member of the Virginia Defense Force or National Defense Executive Reserve shall receive paid leaves of absence for all work hours that a leave of absence is required, regardless of whether such amount of work hours exceeds 21 workdays per federal fiscal year but shall not exceed a total of 388 work hours, during which such officer or employee who is a professional firefighter shall be engaged in training approved by the Governor or his designee. When relieved from any such duty, officers and employees described in this section shall be restored to positions held by them when ordered to duty.

1938, p. 573; Michie Code 1942, § 2673(124); 1964, c. 227; 1986, c. 611; 2022, c. 430; 2024, cc. 184, 239.

Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 7 (MISCELLANEOUS LAWS)
§ 44-205. Repealed.
Repealed by Acts 2015, c. 221, cl. 2.

Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 7 (MISCELLANEOUS LAWS)
§ 44-206. Repealed.
Repealed by Acts 2015, c. 221, cl. 2.

Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 7 (MISCELLANEOUS LAWS)
§ 44-208. Securing site of structural failure, fire, explosion, or industrial or transportation accident.
The official in charge of the investigation of any structural failure, fire, explosion, or industrial or transportation accident which results in the loss of human life, except when caused by a natural disaster or war, may secure for no more than twelve hours so much of the site where it occurred as, in his opinion, may be necessary to gather evidence regarding the cause of the occurrence. No owner or lessee of the site may be denied entrance except to prevent the destruction of evidence.

In cases of fire from any cause, the chief or other authorized officer of any fire department or fire company in command at the fire shall have the rights and authority granted to him and his subordinates upon his order or direction by § 27-17.1. Nothing in this section shall limit or otherwise affect the authority of, or be construed to deny access to such site by, any person charged by law with the responsibility of investigating any such accident.

1982, c. 213.
Code of Virginia — Title 45.2 (Mines, Minerals, and Energy), Chapter 1 (Administration)
§ 45.2-100.  Definitions.
As used in this title, unless the context requires a different meaning:

"Chief" means the Chief of the Division of Mines of the Department of Energy.

"Department" means the Department of Energy.

"Director" means the Director of the Department of Energy.

"State Geologist" means the Commissioner of Mineral Resources and State Geologist appointed pursuant to § 45.2-107.

1984, c. 590, § 45.1-1.2; 1994, c. 28, § 45.1-161.1; 2021, Sp. Sess. I, cc. 387, 532.

Code of Virginia — Title 45.2 (Mines, Minerals, and Energy), Chapter 1 (Administration)
§ 45.2-101.  Certified mail; subsequent mail or notices may be sent by regular mail.
Whenever in this title the Chief, the Director, or the Department is required to send any mail or notice by certified mail and such mail or notice is sent by certified mail, return receipt requested, then any subsequent, identical mail or notice that is sent by the Chief, the Director, or the Department may be sent by regular mail.

2011, c. 566, § 45.1-161.1:1; 2021, Sp. Sess. I, c. 387.

Code of Virginia — Title 45.2 (Mines, Minerals, and Energy), Chapter 1 (Administration)
§ 45.2-102.  Department of Energy; appointment of Director.
The Department of Energy is established in the executive branch within the Secretariat of Commerce and Trade. The Department shall be headed by a Director who shall be appointed by the Governor, subject to confirmation by the General Assembly, to serve at the pleasure of the Governor for a term coincident with the Governor's term.

1984, c. 590, § 45.1-1.1; 1994, c. 28, § 45.1-161.2; 2021, Sp. Sess. I, cc. 387, 532.
Code of Virginia — Title 45.2 (Mines, Minerals, and Energy), Chapter 1 (Administration)
§ 45.2-103.  Powers of Department.
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.

Code of Virginia — Title 45.2 (Mines, Minerals, and Energy), Chapter 1 (Administration)
§ 45.2-104.  Powers and duties of Director.
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.

Code of Virginia — Title 45.2 (Mines, Minerals, and Energy), Chapter 1 (Administration)
§ 45.2-104.1.  Appointment of Chief Clean Energy Policy Advisor.
The Chief Clean Energy Policy Advisor shall be appointed by the Governor and shall be under the direction of and report to the Director.

2021, Sp. Sess. I, c. 532.
Code of Virginia — Title 45.2 (Mines, Minerals, and Energy), Chapter 1 (Administration)
§ 45.2-105.  Establishment of divisions; division heads.
The following divisions, through which the functions, powers, and duties of the Department may be discharged, are established in the Department: a Division of Mines, a Division of Mined Land Repurposing, a Division of Geology and Mineral Resources, a Division of Gas and Oil, a Division of Mineral Mining, a Division of Renewable Energy and Energy Efficiency, and a Division of Offshore Wind. The Director may establish other divisions as he deems necessary. The Director shall appoint persons to direct the various functions and programs of each division and may delegate to the head of any division any of the powers and duties conferred or imposed by law on the Director.

1984, c. 590, § 45.1-1.5; 1990, c. 92; 1994, c. 28, § 45.1-161.5; 2008, c. 369; 2020, c. 794; 2021, Sp. Sess. I, cc. 387, 532.

Code of Virginia — Title 45.2 (Mines, Minerals, and Energy), Chapter 1 (Administration)
§ 45.2-106.  Department to serve as lead agency for inspections undertaken subsequent to the issuance of a permit.
Following the issuance of any permit under Chapter 10 (§ 45.2-1000 et seq.) or 12 (§ 45.2-1200 et seq.), the Department shall serve as the lead agency for enforcement of the provisions of the permit. Any other agency that has reviewed and approved, or not disapproved, a permit application prior to its approval by the Director shall contact the Director or his designee prior to making any routine inspection. The Director or his designee shall then contact the permittee, if prior contact is to be made, to schedule the inspection and shall accompany any employee of any agency other than the Department during any inspection by such other agency. However, nothing in this section shall apply in the event of a blackwater discharge, a failure of a waste treatment facility, or any situation that in the judgment of the State Water Control Board requires an inspection on an emergency or expedited basis.

1984, c. 188, § 45.1-1.9; 1994, c. 28, § 45.1-161.6; 2021, Sp. Sess. I, c. 387.

Code of Virginia — Title 45.2 (Mines, Minerals, and Energy), Chapter 1 (Administration)
§ 45.2-107.  Division of Geology and Mineral Resources; State Geologist.
There is established in the Department a Division of Geology and Mineral Resources. The Director shall appoint a geologist of established reputation as the Commissioner of Mineral Resources and State Geologist to serve as chief executive and head officer of the Division. As used in this article, unless the context requires a different meaning, "Division" means the Division of Geology and Mineral Resources.

1984, c. 590, § 45.1-383; 2008, c. 369; 2021, Sp. Sess. I, cc. 387, 532.
Code of Virginia — Title 45.2 (Mines, Minerals, and Energy), Chapter 1 (Administration)
§ 45.2-108.  General powers and duties of State Geologist.
The State Geologist shall exercise those powers and perform those duties, in relation to mineral resources, geology, and geophysical matters, that are conferred or imposed upon the Director by the provisions of this title, including powers and duties delegated to him by the Director. The State Geologist may also exercise and perform such other powers and duties as are lawfully delegated to him and such powers and duties as are conferred or imposed upon him by law.

1984, c. 590, § 45.1-384; 2021, Sp. Sess. I, c. 387.

Code of Virginia — Title 45.2 (Mines, Minerals, and Energy), Chapter 1 (Administration)
§ 45.2-109.  Using or revealing proprietary information.
Notwithstanding any provision of law to the contrary, neither the State Geologist nor any employee or agent of the Division shall make use of or reveal any proprietary information or statistic gathered from any source for any purpose other than that of this chapter, except with the express written consent of the source of such information or statistic. The State Geologist shall not reveal such information to the Director or any other employee of the Department who is not employed within the Division.

1984, c. 590, § 45.1-385; 2021, Sp. Sess. I, c. 387.
Code of Virginia — Title 45.2 (Mines, Minerals, and Energy), Chapter 1 (Administration)
§ 45.2-110.  Powers and duties of the Division.
The Division has the following powers and duties:

1. Examination of the geological formations of the Commonwealth and the resources contained therein, with special reference to both economic products and energy resources, including coal, ore, clay, feldspar, lime, natural gas, oil, cement, sand and gravel, stone, materials suitable for use in building and road construction, mineral water, other mineral substances, and geothermal energy resources.

2. Examination of latent resources and waste minerals to determine the best methods of utilizing them and study of the soils and weathered residuum as related to parent rock.

3. Maintenance of repositories for representative rock and mineral materials from various wells, mines, excavations, and naturally occurring exposures.

4. Maintenance of records and statistics of the mineral industry and geological conditions of the Commonwealth.

5. Performance of chemical and physical tests, including test borings, to acquire subsurface information relative to mineral deposits masked by soils and rock overburden.

6. Examination of the physical features of the Commonwealth with reference to their practical bearing upon the occupation and well-being of the people.

7. Preparation of special geological and economic maps and displays to illustrate the resources of the Commonwealth.

8. Preparation of regular and special reports, with necessary illustrations and maps, that embrace both a general and detailed description of the geology and mineral resources of the Commonwealth.

9. Consideration of such other scientific and economic questions that in the judgment of the Director are deemed of value to the people of the Commonwealth.

10. Arrangement for the investigation and reporting of the geology of the Commonwealth with the Director or the representative of the United States Geological Survey (USGS) in regard to cooperation between the USGS and the Department in topographic and geologic work when deemed necessary and of advantage to the Commonwealth. The Director may accept or reject the work of the USGS.

11. Participation in matters requiring advice and guidance sought by state agencies and institutions concerning geological and mineral resources as related to state lands.

12. Provision of basic research and the development of methods utilized in the determination of characteristics, structure, and origin for geological formations and economic mineral deposits.

1984, c. 590, § 45.1-386; 2021, Sp. Sess. I, c. 387.

Code of Virginia — Title 45.2 (Mines, Minerals, and Energy), Chapter 1 (Administration)
§ 45.2-111.  Publication of reports.
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.
Code of Virginia — Title 45.2 (Mines, Minerals, and Energy), Chapter 1 (Administration)
§ 45.2-112.  Disposition of materials that have served purpose of the Division.
Materials collected after having served the purpose of the Division shall be distributed to the educational institutions of the Commonwealth in the manner that the Director determines to be of the greatest advantage to the educational interests of the Commonwealth.

1984, c. 590, § 45.1-388; 2021, Sp. Sess. I, c. 387.

Code of Virginia — Title 45.2 (Mines, Minerals, and Energy), Chapter 1 (Administration)
§ 45.2-113.  Immunity from prosecution for trespass.
No criminal action for trespass shall lie against the State Geologist or any agent or employee of the State Geologist pursuant to any lawful act done in the performance of his duties, including entry upon the lands of any person for the purpose of performing such duties.

1984, c. 590, § 45.1-389; 2021, Sp. Sess. I, c. 387.
Code of Virginia — Title 45.2 (Mines, Minerals, and Energy), Chapter 10 (Virginia Coal Surface Mining Control and Reclamation Act of 1979)
§ 45.2-1001.  Limitations of chapter.
Nothing in this chapter is intended or shall be construed to limit, impair, abridge, create, enlarge, or otherwise affect, substantially or procedurally, the rights of any person in any dispute involving property rights, including interests in water resources, or the right of any person to seek damages or other relief on account of injury to persons or property, including interests in water resources, and to maintain any action or other appropriate proceeding therefor, except as is otherwise specifically provided in this chapter. Nothing in this chapter is intended or shall be construed to affect the powers of the Commonwealth to initiate, prosecute, or maintain actions to abate public nuisances.

1979, c. 290, § 45.1-228; 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)
§ 45.2-1002.  Application of chapter.
A. The provisions of this chapter shall not apply to the extraction of coal:

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

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

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

1979, c. 290, §§ 45.1-259, 45.1-253; 1984, c. 590; 1988, c. 295; 2021, Sp. Sess. I, c. 387.
Code of Virginia — Title 45.2 (Mines, Minerals, and Energy), Chapter 10 (Virginia Coal Surface Mining Control and Reclamation Act of 1979)
§ 45.2-1003.  Authority and duties of Director.
A. The authority to adopt regulations necessary to carry out the purposes and provisions of this chapter is vested in the Director. Such regulations shall be consistent with regulations adopted by the Secretary pursuant to the federal act or in conformity with any court ruling construing such act. The Director may adopt by regulation definitions other than those provided in § 45.2-1000 as necessary to carry out the intent of this chapter. Unless otherwise directed by law, in adopting regulations, the Director shall comply with the Administrative Process Act (§ 2.2-4000 et seq.) and the Virginia Register Act (§ 2.2-4100 et seq.).

B. In addition to the adoption of regulations under this chapter, the Director may issue or distribute to the public interpretative, advisory, or procedural bulletins pertaining to permit applications or to matters reasonably related thereto without following any of the procedures set forth in the Administrative Process Act (§ 2.2-4000 et seq.). Such materials shall be clearly designated as to their nature, shall be provided solely for purposes of public information and education, and shall not have the force of regulations.

C. The authority to administer and enforce the provisions of this chapter is vested in the Director. In administering and enforcing the provisions of this chapter, the Director shall exercise the following powers in addition to any other powers conferred upon him by law:

1. To supervise the administration and enforcement of this chapter; to make investigations and inspections necessary to ensure compliance with this chapter; to conduct hearings, administer oaths, issue subpoenas, and compel the attendance of witnesses and production of written or printed material as provided for in this chapter; to issue orders and notices of violation; to review and vacate or modify or approve orders and decisions; and to order the suspension, revocation, or withholding of any permit for failure to comply with any provision of this chapter or any regulation adopted hereunder;

2. To administer the program for the purchase and reclamation of abandoned and unreclaimed mine areas pursuant to Article 4 (§ 45.2-1031 et seq.);

3. To encourage and conduct investigations, research, experiments, and demonstrations and to collect and disseminate information relating to coal surface mining and reclamation of lands and waters affected by coal surface mining;

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

5. To enter into cooperative agreements with the Secretary to regulate coal surface mining on federal lands.

D. The Division of Mined Land Repurposing shall have the responsibilities provided under this chapter and such duties and responsibilities as the Director may assign or as may be provided for in regulations adopted by the Director.

1979, c. 290, § 45.1-230; 1982, c. 425; 1984, c. 590; 2021, Sp. Sess. I, cc. 387, 532.
Code of Virginia — Title 45.2 (Mines, Minerals, and Energy), Chapter 10 (Virginia Coal Surface Mining Control and Reclamation Act of 1979)
§ 45.2-1004.  Training and certification of blasters.
A. In order to ensure that explosives are used only in accordance with applicable state and federal laws, the Director may adopt regulations requiring the training, examination, and certification of persons engaging in or directly responsible for blasting or the use, storage, and handling of explosives in coal surface mining operations.

B. The Division shall assume primary responsibility for conducting the examinations and issuing the certificates for such persons in accordance with the regulations adopted pursuant to this section.

1979, c. 290, § 45.1-256; 1984, cc. 230, 590; 1996, c. 758; 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)
§ 45.2-1005.  Conflicts of interest prohibited.
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.

Code of Virginia — Title 45.2 (Mines, Minerals, and Energy), Chapter 10 (Virginia Coal Surface Mining Control and Reclamation Act of 1979)
§ 45.2-1006.  Resisting, etc., Director or agent of the Director; penalty.
It is a misdemeanor, punishable by a fine of not more than $5,000, confinement in jail for not more than one year, or both, for any person, except as permitted by law, to willfully resist, prevent, impede, or interfere with the Director or any agent of the Director in the performance of duties pursuant to this chapter.

1979, c. 290, § 45.1-257; 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)
§ 45.2-1007.  Coal Surface Mining Regulatory Fund.
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.

Code of Virginia — Title 45.2 (Mines, Minerals, and Energy), Chapter 10 (Virginia Coal Surface Mining Control and Reclamation Act of 1979)
§ 45.2-1008.  Coal exploration operations.
A. Any coal exploration operation that substantially disturbs the natural land surface shall be conducted in accordance with exploration regulations adopted by the Director. Such regulations shall, at a minimum, (i) require that any person, prior to conducting any exploration under this section, file with the Director notice of intention to explore that includes a description of the exploration area and the proposed period of exploration and (ii) include provisions for the reclamation, in accordance with the performance standards established pursuant to § 45.2-1017, of all lands disturbed in exploration, including all excavations, roads, and drill holes, and for the removal of necessary facilities and equipment.

B. Information submitted to the Director pursuant to this section as confidential concerning trade secrets or privileged commercial or financial information that relates to the competitive rights of the person or entity intended to explore the described area shall be exempt from disclosure under the Virginia Freedom of Information Act (§ 2.2-3700 et seq.) and shall not be disclosed.

C. Any person who conducts any coal exploration activity that substantially disturbs the natural land surface in violation of this section or any regulation issued pursuant thereto is subject to the provisions of § 45.2-1021.

D. No person shall remove more than 250 tons of coal while engaged in a coal exploration operation without a specific written coal exploration permit issued by the Director.

1979, c. 290, § 45.1-233; 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)
§ 45.2-1009.  Permit required for coal surface mining operation; term; transfer, etc.
A. No person shall engage in or carry out any coal surface mining operation without having first obtained a permit to engage in such operation issued by the Director in accordance with state regulations.

B. Each coal surface mining permit issued pursuant to the requirements of this chapter shall be for a term of five years. The rights granted under such permit shall not be transferred, assigned, or sold without the written approval of the Director in accordance with regulations adopted by the Director. The Director shall also adopt regulations meeting the requirements of § 506 of the federal act for longer permit terms, successors in interest to the permittee, termination of the permit for failure to commence operation, right of and procedure for permit renewal, and extension of boundaries of a mining operation.

1979, c. 290, § 45.1-234; 1980, c. 364; 1983, c. 134; 1984, c. 590; 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)
§ 45.2-1011.  Operation and reclamation plans.
Each application for a coal surface mining permit pursuant to state regulations shall include an operation plan and a reclamation plan, in such form and containing such information as the Director requires, including the information required under § 508(a) of the federal act, and meeting the requirements of this chapter and regulations adopted by the Director. An operation plan shall not include underground workings. An operation plan and a reclamation plan, as approved by the Director, shall be integral parts of the terms and conditions of a coal surface mining permit.

1979, c. 290, § 45.1-236; 1984, c. 590; 2021, Sp. Sess. I, c. 387.

Code of Virginia — Title 45.2 (Mines, Minerals, and Energy), Chapter 10 (Virginia Coal Surface Mining Control and Reclamation Act of 1979)
§ 45.2-1012.  Revision of permits.
A. The process for revision of a permit is as follows:

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

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

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

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

1979, c. 290, § 45.1-236; 1984, c. 590; 2021, Sp. Sess. I, c. 387.
Code of Virginia — Title 45.2 (Mines, Minerals, and Energy), Chapter 10 (Virginia Coal Surface Mining Control and Reclamation Act of 1979)
§ 45.2-1014.  Public participation in process of issuing or revising permits.
A. The Director shall establish by regulation procedures for the notification of and participation by the public and appropriate federal, state, and local governmental authorities in the process for issuing or revising coal surface mining permits, in accordance with § 513 of the federal act.

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

1979, c. 290, § 45.1-239; 1984, c. 590; 2021, Sp. Sess. I, c. 387.
Code of Virginia — Title 45.2 (Mines, Minerals, and Energy), Chapter 10 (Virginia Coal Surface Mining Control and Reclamation Act of 1979)
§ 45.2-1015.  Decision of Director upon permit application; hearing; appeal.
A. The Director shall notify each applicant for a permit within a reasonable time, as set forth in regulations, taking into account the time needed for proper investigation of the site, the complexity of the permit application, and written objections that have been filed, of his written decision to approve or disapprove the application, in whole or in part, except that if an informal hearing has been held pursuant to § 45.2-1014, the Director shall issue to the applicant and the parties to the hearing his written decision within 60 days of such hearing.

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

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

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

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

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

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

1979, c. 290, § 45.1-240; 1983, c. 92; 1986, c. 615; 2021, Sp. Sess. I, c. 387.
Code of Virginia — Title 45.2 (Mines, Minerals, and Energy), Chapter 10 (Virginia Coal Surface Mining Control and Reclamation Act of 1979)
§ 45.2-1017.  Performance standards.
A. The Director shall by regulation establish performance standards that meet the requirement of § 515 of the federal act, are consistent with regulations adopted thereunder by the Secretary, and are applicable to all coal surface mining and reclamation operations except as otherwise provided in this chapter.

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

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

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

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

1979, c. 290, § 45.1-242; 1984, c. 590; 2021, Sp. Sess. I, c. 387.

Code of Virginia — Title 45.2 (Mines, Minerals, and Energy), Chapter 10 (Virginia Coal Surface Mining Control and Reclamation Act of 1979)
§ 45.2-1018.  Surface effects of underground coal mining operations.
A. The Director shall adopt regulations directed toward the surface effects of underground coal mining operations and embodying the requirements of §§ 516 and 720(a)(1) of the federal act. The provisions of this chapter relating to permits, bonds, inspections and enforcement, public review, and administrative and judicial review shall be applicable to any surface operation or surface impact incident to an underground coal mine with such modifications to the permit application requirements, permit approval or denial procedures, and bond requirements as are necessary to accommodate the differences between surface and underground coal mining. Nothing in § 720(a)(1) of the federal act shall be construed to prohibit or interrupt any underground coal mining operation.

B. The regulations adopted by the Director shall require that each permit applicant submit hydrologic reclamation plans that include measures to prevent the sudden release of accumulated water from underground workings.

C. The Director shall suspend underground coal mining under any elementary or secondary school, institution of higher education, urbanized area, city, town, or community, and adjacent to any industrial or commercial building, major impoundment, or permanent stream, if he finds imminent danger to people from such underground coal mining.

1979, c. 290, § 45.1-243; 1984, c. 590; 1993, c. 582; 1996, cc. 409, 410; 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)
§ 45.2-1023.  Forfeiture or release of performance bond.
A. The Director shall adopt regulations, consistent with regulations adopted by the Secretary, establishing procedures, conditions, criteria, and schedules for the forfeiture or release of performance bonds or deposits required under this chapter; however, no bond shall be fully released until all reclamation requirements of this chapter and the regulations adopted hereunder are fully met.

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

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

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

1979, c. 290, § 45.1-247; 1984, c. 590; 2021, Sp. Sess. I, c. 387.
Code of Virginia — Title 45.2 (Mines, Minerals, and Energy), Chapter 10 (Virginia Coal Surface Mining Control and Reclamation Act of 1979)
§ 45.2-1024.  Performance of reclamation operations by Director.
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.