dcrodriguez/Code-of-Virginia huggingface dataset:
Code of Virginia — Title 45.2 (Mines, Minerals, and Energy), Chapter 13 (Mineral Mining Retaining Dams; Adjacent Owners)
§ 45.2-1302.  Examination of dams and mine refuse piles; potentially hazardous conditions; plans to be submitted by licensed operators.
A. Every water-retaining or silt-retaining dam or mine refuse pile shall be examined daily for visible structural weakness, volume overload, and other hazards by a qualified person designated by the licensed operator. When rising water and silt reaches 80 percent by volume of the safe design capacity of the dam or pile, such examination shall be made more often as required by the Director or his designated agent. Frequent examinations shall be made during periods of rainfall that could create flooding conditions.

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

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

2. Eliminate such potentially hazardous condition; and

3. Notify the Director.

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

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

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

2. Procedures for evaluating any potentially hazardous condition;

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

4. Procedures for eliminating such potentially hazardous condition;

5. Procedures for notifying the Director; and

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

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

1997, c. 390, § 45.1-225.2; 1998, c. 695; 2021, Sp. Sess. I, c. 387.

Code of Virginia — Title 45.2 (Mines, Minerals, and Energy), Chapter 13 (Mineral Mining Retaining Dams; Adjacent Owners)
§ 45.2-1303.  Consent required before working mine near land of another.
No owner or tenant of any land within the Commonwealth containing minerals shall open or sink, dig, excavate, or work in any mine on such land within five feet of the line dividing such land from that of another person without the written consent of every person interested in or having title to such adjoining lands or mineral rights in possession, reversion, or remainder, or of the guardian of any such person that may be under a disability. Any person violating this section shall forfeit $500 to each person injured by such violation and to each person whose consent was required but not obtained.

1997, c. 390, § 45.1-161.311:1; 2021, Sp. Sess. I, c. 387.
Code of Virginia — Title 45.2 (Mines, Minerals, and Energy), Chapter 13 (Mineral Mining Retaining Dams; Adjacent Owners)
§ 45.2-1304.  Adjacent owner to be permitted to survey mine; proceedings to compel entry for survey.
A. If a person who is interested in or has title to any land or mineral rights coterminal with the land or mineral rights on or in which a mine is located has reason to believe his property is being trespassed upon, then the owner, tenant, or occupant of the land or minerals on or in which such mine is opened and worked, or his agent, shall permit such interested person to have ingress and egress with surveyors and assistants to explore and survey such mine for the purpose of ascertaining whether a violation of § 45.2-1203 has occurred. Such exploration and survey shall occur at the expense of the interested person, and such person shall not be entitled to enter the mine property more often than once each month.

B. If such interested person is refused entry to such mine, he may file a complaint before the judge of the general district court of the county or city in which such mine is located. Such judge may issue a summons to such mine owner, tenant, occupant, or agent to answer the complaint. Upon the return of the executed summons and the submission of proof that the complainant has right of entry and that such right of entry has been refused without sufficient cause, the judge shall designate a prompt and convenient time for such entry to be made and issue a warrant commanding the sheriff of the county or city to attend and prevent obstructions or impediments to such entry, exploration, and survey.

C. Any owner, tenant, occupant, or agent who refuses permission, exploration, or survey pursuant to subsection A shall forfeit $20 for each refusal to the person so refused. The costs of such summons and a fee of $3 to the sheriff executing the warrant shall be paid by the person whose refusal caused the complaint. If the court dismisses the complaint, the costs of such summons and execution shall be paid by the party making the complaint.

1997, c. 390, § 45.1-161.311:2; 2021, Sp. Sess. I, c. 387.
Code of Virginia — Title 45.2 (Mines, Minerals, and Energy), Chapter 14 (Requirements Applicable to Underground Mineral Mines)
§ 45.2-1400.  Scope of chapter.
This chapter is applicable to the operation of any underground mineral mine in the Commonwealth and shall supplement the provisions of Chapter 11 (§ 45.2-1100 et seq.).

1994, c. 28, § 45.1-161.293; 1997, c. 390; 2021, Sp. Sess. I, c. 387.
Code of Virginia — Title 45.2 (Mines, Minerals, and Energy), Chapter 14 (Requirements Applicable to Underground Mineral Mines)
§ 45.2-1401.  Regulations governing conditions and practices at underground mineral mines.
A. The Director shall adopt, in accordance with the provisions of Article 2 (§ 2.2-4006 et seq.) of the Administrative Process Act, regulations necessary to ensure the safety and health of miners and other persons and property at underground mineral mines in the Commonwealth. Nothing in this section shall restrict the Director from adopting regulations more stringent than regulations adopted pursuant to the federal mine safety law. Such regulations applicable to underground mineral mines shall establish requirements for the:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

15. Safe design and operation of chutes;

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

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

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

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

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

1994, c. 28, § 45.1-161.294; 1996, c. 774; 1998, c. 695; 2021, Sp. Sess. I, c. 387.
Code of Virginia — Title 45.2 (Mines, Minerals, and Energy), Chapter 14 (Requirements Applicable to Underground Mineral Mines)
§ 45.2-1402.  Adoption of regulations.
The Director shall adopt regulations:

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

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

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

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

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

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

Code 1950, §§ 45-14.1, 45-69.2, 45-82, 45-82.1, 45-82.3, 45-86; 1954, c. 191; 1966, c. 594, §§ 45.1-74, 45.1-78, 45.1-80, 45.1-89, 45.1-99; 1985, c. 296; 1994, c. 28, § 45.1-161.298; 1974, c. 323; 1978, c. 118, 729, § 45.1-99.1; 1984, c. 590; 1985, c. 296, 500; 1993, c. 442; 1994, c. 28, §§ 45.1-161.298 through 45.1-161.303; 2021, Sp. Sess. I, c. 387.

Code of Virginia — Title 45.2 (Mines, Minerals, and Energy), Chapter 14 (Requirements Applicable to Underground Mineral Mines)
§ 45.2-1403.  Flame safety lamps.
No flame safety lamp shall be used for detecting methane. The Director shall determine whether flame safety lamps shall constitute approved devices for detecting oxygen deficiency. If flame safety lamps are approved for such purpose, the Director shall establish standards for their use and maintenance.

Code 1950, § 45-69.7; 1954, c. 191; 1966, c. 594, § 45.1-64; 1993, c. 442; 1994, c. 28, § 45.1-161.297; 2021, Sp. Sess. I, c. 387.
Code of Virginia — Title 45.2 (Mines, Minerals, and Energy), Chapter 14 (Requirements Applicable to Underground Mineral Mines)
§ 45.2-1404.  Standards for regulations.
In adopting regulations pursuant to § 45.2-1401 or 45.2-1402, the Director shall consider:

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

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

3. The federal mine safety law;

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

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

1994, c. 28, § 45.1-161.295; 2021, Sp. Sess. I, c. 387.
Code of Virginia — Title 45.2 (Mines, Minerals, and Energy), Chapter 14 (Requirements Applicable to Underground Mineral Mines)
§ 45.2-1405.  Mining in proximity to gas and oil wells.
A. The Director shall adopt regulations requiring each licensed operator to notify, and in appropriate circumstances obtain the consent of, the Director prior to removing minerals in proximity to any gas or oil well already drilled or in the process of being drilled.

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

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

1990, c. 92, § 45.1-92.1; 1994, c. 28, § 45.1-161.296; 1997, c. 390; 1998, c. 695; 2021, Sp. Sess. I, c. 387.
Code of Virginia — Title 45.2 (Mines, Minerals, and Energy), Chapter 15 (Requirements Applicable to Surface Mineral Mines)
§ 45.2-1500.  Scope of chapter.
This chapter is applicable to the operation of any surface mineral mine in the Commonwealth and shall supplement the provisions of Chapter 11 (§ 45.2-1100 et seq.).

1994, c. 28, § 45.1-161.304; 1997, c. 390; 2021, Sp. Sess. I, c. 387.

Code of Virginia — Title 45.2 (Mines, Minerals, and Energy), Chapter 15 (Requirements Applicable to Surface Mineral Mines)
§ 45.2-1501.  Regulations governing conditions and practices at surface mineral mines.
A. The Director shall adopt, in accordance with Article 2 (§ 2.2-4006 et seq.) of the Administrative Process Act, regulations necessary to ensure safe working conditions and practices at surface mineral mines in the Commonwealth. Nothing in this section shall restrict the Director from adopting regulations more stringent than regulations adopted pursuant to the federal mine safety law. Such regulations applicable to surface mineral mines shall establish requirements for the:

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

2. Provision and use of personal protection equipment;

3. Control of unstable ground conditions;

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

5. Control of exposure to airborne toxic contaminants;

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

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

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

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

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

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

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

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

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

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

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

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

1994, c. 28, § 45.1-161.305; 1996, c. 774; 1998, c. 695; 2021, Sp. Sess. I, c. 387.
Code of Virginia — Title 45.2 (Mines, Minerals, and Energy), Chapter 15 (Requirements Applicable to Surface Mineral Mines)
§ 45.2-1502.  Standards for regulations.
In adopting regulations pursuant to § 45.2-1501, the Director shall consider:

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

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

3. The federal mine safety law;

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

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

1994, c. 28, § 45.1-161.306; 2021, Sp. Sess. I, c. 387.
Code of Virginia — Title 45.2 (Mines, Minerals, and Energy), Chapter 15 (Requirements Applicable to Surface Mineral Mines)
§ 45.2-1503.  Mining in proximity to gas and oil wells.
A. The Director shall adopt regulations requiring each licensed operator to notify, and in appropriate circumstances obtain the consent of, the Director prior to removing minerals in proximity to any gas or oil well already drilled or in the process of being drilled.

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

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

1990, c. 92, § 45.1-92.1; 1994, c. 28, § 45.1-161.307; 1997, c. 390; 1998, c. 695; 2021, Sp. Sess. I, c. 387.

Code of Virginia — Title 45.2 (Mines, Minerals, and Energy), Chapter 15 (Requirements Applicable to Surface Mineral Mines)
§ 45.2-1504.  Respiratory equipment.
The Director shall adopt regulations requiring any miner exposed for short periods to hazards from inhalation of gas, dust, or fumes to wear approved respiratory equipment.

Code 1950, § 45-86; 1954, c. 191; 1966, c. 594, § 45.1-99; 1994, c. 28, § 45.1-161.308; 2021, Sp. Sess. I, c. 387.
Code of Virginia — Title 45.2 (Mines, Minerals, and Energy), Chapter 15 (Requirements Applicable to Surface Mineral Mines)
§ 45.2-1505.  Health regulations.
A. The Director may adopt regulations requiring that sources of dust at surface mineral mines be wetted down unless controlled by dry collection measures or other means approved by the Director.

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

1994, c. 928, § 45.1-161.309; 1997, c. 390; 2021, Sp. Sess. I, c. 387.
Code of Virginia — Title 45.2 (Mines, Minerals, and Energy), Chapter 16 (Virginia Gas and Oil Act)
§ 45.2-1601.  Regulation of coal surface mining not affected by chapter.
Nothing in this chapter shall be construed as limiting the powers of the Director relating to coal surface mining operations and reclamation. The provisions of Chapter 10 (§ 45.2-1000 et seq.), including requirements for permits and bonds, shall apply to gas, oil, or geophysical operations located on any area for which a coal surface mining permit is in effect and shall be in addition to the requirements for gas, oil, or geophysical operations set forth in this chapter, except that well work and the operation of pipelines on an area that has been reclaimed by the surface mine operator or the Director shall be treated as postmining uses. The Director shall give special consideration to the development and adoption of variances from the postmining use requirements of Chapter 10 for gas, oil, or geophysical operations; however, all such variances shall be consistent with the provisions of Chapter 10.

1982, c. 347, § 45.1-289; 1984, c. 590; 1990, c. 92, § 45.1-361.2; 2013, cc. 47, 129; 2021, Sp. Sess. I, c. 387.

Code of Virginia — Title 45.2 (Mines, Minerals, and Energy), Chapter 16 (Virginia Gas and Oil Act)
§ 45.2-1602.  Construction; purposes.
The provisions of this chapter shall be liberally construed so as to effectuate the following purposes:

1. To foster, encourage, and promote the safe and efficient exploration for and development, production, utilization, and conservation of the Commonwealth's gas and oil resources;

2. To provide a method of gas and oil conservation for maximizing exploration, development, production, and utilization of gas and oil resources;

3. To recognize and protect the rights of any person owning an interest in gas or oil resources contained within a pool;

4. To ensure the safe recovery of coal and other minerals;

5. To maximize the production and recovery of coal without substantially affecting the right of a gas or oil owner proposing to drill a gas or oil well to explore for and produce gas or oil;

6. To protect the citizens and the environment of the Commonwealth from the public safety and environmental risks associated with the development and production of gas or oil; and

7. To recognize that the use of the surface for gas or oil development shall be only the use that is reasonably necessary to obtain the gas or oil.

1982, c. 347, § 45.1-290; 1990, c. 92, § 45.1-361.3; 2021, Sp. Sess. I, c. 387.
Code of Virginia — Title 45.2 (Mines, Minerals, and Energy), Chapter 16 (Virginia Gas and Oil Act)
§ 45.2-1603.  Virginia Gas and Oil Board; membership; compensation.
A. The Virginia Gas and Oil Board is established as a policy board in the executive branch of state government. The purpose of the Board is to carry out the provisions of this chapter.

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

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

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

1982, c. 347, § 45.1-295; 1985, c. 448; 1987, c. 452; 1988, c. 483; 1989, c. 529; 1990, c. 92, § 45.1-361.13; 1998, c. 159; 2021, Sp. Sess. I, c. 387.

Code of Virginia — Title 45.2 (Mines, Minerals, and Energy), Chapter 16 (Virginia Gas and Oil Act)
§ 45.2-1604.  Duties and responsibilities of the Director; Virginia Gas and Oil Inspector.
A. The Director has the jurisdiction and authority necessary to enforce the provisions of this chapter. The Director has the power and duty to regulate gas, oil, or geophysical operations, collect fees, and perform other responsibilities prescribed in regulations adopted by the Department or the Board.

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

1990, c. 92, § 45.1-361.4; 2021, Sp. Sess. I, c. 387.
Code of Virginia — Title 45.2 (Mines, Minerals, and Energy), Chapter 16 (Virginia Gas and Oil Act)
§ 45.2-1605.  Exclusivity of regulation and enforcement.
No locality or other political subdivision of the Commonwealth shall impose any condition or require any other local license, permit, fee, or bond that varies from or is in addition to the requirements of this chapter to perform any gas, oil, or geophysical operation. However, no provision of this chapter shall be construed to limit or supersede the jurisdiction or requirements of any other state agency, local land-use ordinance, regulation of general purpose, or § 58.1-3712, 58.1-3713, 58.1-3713.3, 58.1-3713.4, 58.1-3741, 58.1-3742, or 58.1-3743.

1990, c. 92, § 45.1-361.5; 2013, cc. 305, 618; 2016, c. 305; 2021, Sp. Sess. I, c. 387.

Code of Virginia — Title 45.2 (Mines, Minerals, and Energy), Chapter 16 (Virginia Gas and Oil Act)
§ 45.2-1606.  Confidentiality.
The Director shall hold confidential all logs, surveys, and reports relating to the drilling, completion, and testing of a well that are filed by a gas or oil operator under this chapter for a period of 90 days after the completion of the well or 18 months after the total depth of the well has been reached, whichever occurs first. Upon receipt of a gas, oil, or geophysical operator's written request, the Director shall hold confidential such information concerning an exploratory well or corehole for a period of two years after completion of the well or four years from the date such well or hole reaches total depth, whichever occurs first. The Director, for good cause shown by the gas, oil, or geophysical operator, may annually extend the period of time for which information regarding exploratory drilling is held confidential. However, the Director shall upon request provide a copy of any survey or log for strata through the lowest coal seam to the coal owner.

1990, c. 92, § 45.1-361.6; 2021, Sp. Sess. I, c. 387.

Code of Virginia — Title 45.2 (Mines, Minerals, and Energy), Chapter 16 (Virginia Gas and Oil Act)
§ 45.2-1607.  Expenditure of funds.
All funds, except civil penalties collected pursuant to § 45.2-1608, collected by or appropriated to the Department pursuant to the provisions of this chapter shall be expended only for the purpose of carrying out the provisions of this chapter.

1990, c. 92, § 45.1-361.7; 2021, Sp. Sess. I, c. 387.
Code of Virginia — Title 45.2 (Mines, Minerals, and Energy), Chapter 16 (Virginia Gas and Oil Act)
§ 45.2-1608.  Violations; penalties.
A. Any person who violates or refuses, fails, or neglects to comply with any regulation or order of the Board, Director, or Inspector, any condition of a permit, or any provision of this chapter is guilty of a Class 1 misdemeanor.

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

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

1982, c. 347, §§ 45.1-358, 45.1-360; 1984, c. 590; 1990, c. 92, § 45.1-361.8; 2021, Sp. Sess. I, c. 387.
Code of Virginia — Title 45.2 (Mines, Minerals, and Energy), Chapter 16 (Virginia Gas and Oil Act)
§ 45.2-1609.  Appeals; venue; standing.
A. Any order or decision of the Board may be appealed to the appropriate circuit court. Whenever a coal owner, coal operator, gas owner, gas operator, or operator of a gas storage field certificated by the State Corporation Commission is a party in such action, the court shall hear such appeal de novo. The court has the power to enter interlocutory orders as necessary to protect the rights of all interested parties pending a final decision.

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

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

1990, c. 92, § 45.1-361.9; 1997, c. 759; 2021, Sp. Sess. I, c. 387.

Code of Virginia — Title 45.2 (Mines, Minerals, and Energy), Chapter 16 (Virginia Gas and Oil Act)
§ 45.2-1610.  Copy of lease to lessor.
Any person who, as either principal or agent, executes a lease of land or right therein for drilling for gas or oil, or for the development or production of gas or oil, shall furnish a copy of the lease, duly executed by the lessee, to the lessor.

1982, c. 347, § 45.1-352; 1990, c. 92, § 45.1-361.10; 2021, Sp. Sess. I, c. 387.
Code of Virginia — Title 45.2 (Mines, Minerals, and Energy), Chapter 16 (Virginia Gas and Oil Act)
§ 45.2-1612.  Distance limitations of certain wells.
A. If the well operator and the objecting coal owners who are present or represented at a hearing to consider the objections to the proposed drilling unit or location are unable to agree upon a drilling unit or location for a new well within 2,500 linear feet of the location of an existing well or a well for which a permit application is on file, then the permit or drilling unit shall be refused.

B. The distance limitation established by this section shall not apply if (i) the proposed well will be drilled through an existing or planned pillar of coal required for protection of a preexisting well drilled to any depth and (ii) the proposed well will neither require enlargement of the pillar nor otherwise have an adverse effect on existing or planned coal mining operations.

1982, c. 347, § 45.1-319; 1990, c. 92, § 45.1-361.12; 2021, Sp. Sess. I, c. 387.

Code of Virginia — Title 45.2 (Mines, Minerals, and Energy), Chapter 16 (Virginia Gas and Oil Act)
§ 45.2-1613.  Meetings of the Board; notice; general powers and duties.
A. The Board shall schedule a monthly meeting at a time and place designated by the chairman. If no petition for action is filed with the Board prior to a meeting, the Board may cancel the meeting. Notification or cancellation of each meeting shall be given in writing to the members by the chairman at least five days in advance of the meeting. Four members shall constitute a quorum for the transaction of any business that comes before the Board. All determinations of the Board shall be by majority vote of the quorum present.

B. The Board has the power necessary to execute and carry out all of its duties specified in this chapter. The Board is authorized to investigate and inspect records and facilities as necessary and proper to perform its duties under this chapter. The Board may employ personnel and consultants as necessary to perform its duties under this chapter.

1982, c. 347, § 45.1-296; 1987, c. 452; 1990, c. 92, § 45.1-361.14; 2021, Sp. Sess. I, c. 387.
Code of Virginia — Title 45.2 (Mines, Minerals, and Energy), Chapter 16 (Virginia Gas and Oil Act)
§ 45.2-1614.  Additional duties and responsibilities of the Board.
A. In executing its duties under this chapter, the Board shall:

1. Foster, encourage, and promote the safe and efficient exploration for and development, production, and conservation of gas and oil resources located in the Commonwealth;

2. Administer a method of gas and oil conservation for the purpose of maximizing exploration, development, production, and utilization of gas and oil resources;

3. Administer procedures for the recognition and protection of the rights of gas or oil owners with interests in gas or oil resources contained within a pool;

4. Promote the maximum production and recovery of coal without substantially affecting the right of a gas owner proposing a gas well to explore for and produce gas; and

5. Hear and decide appeals of the Director's decisions and orders issued under Article 3 (§ 45.2-1629 et seq.).

B. Without limiting its general authority, the Board has the specific authority to issue regulations or orders pursuant to the provisions of the Administrative Process Act (§ 2.2-4000 et seq.) in order to:

1. Prevent waste through the design, spacing, or unitization of wells, pools, or fields.

2. Protect correlative rights.

3. Enter spacing and pooling orders.

4. Establish drilling units.

5. Establish maximum allowable production rates for the prevention of waste and the protection of correlative rights.

6. Provide for the maximum recovery of coal.

7. Classify pools and wells as gas, oil, gas and oil, or coalbed methane gas.

8. Collect data, make investigations and inspections, examine property, leases, papers, books, and records, and require or provide for the keeping of records and the making of reports.

9. Set application fees.

10. Govern practices and procedures before the Board.

11. Require additional data from parties to any hearing.

12. Take actions reasonably necessary to carry out the provisions of this chapter.

1982, c. 347, § 45.1-296; 1987, c. 452; 1990, c. 92, § 45.1-361.15; 2021, Sp. Sess. I, c. 387.

Code of Virginia — Title 45.2 (Mines, Minerals, and Energy), Chapter 16 (Virginia Gas and Oil Act)
§ 45.2-1615.  Applicability and construction.
A. The provisions of this article apply to all lands in the Commonwealth, whether publicly or privately owned. However, no well commenced prior to July 1, 1990, shall be required to be plugged or abandoned solely for purposes of complying with the conservation provisions of this article.

B. No provision of this article shall be construed to grant to the Board the authority or power to fix prices of gas or oil.

1982, c. 347, § 45.1-300; 1987, c. 452; 1990, c. 92, § 45.1-361.16; 2021, Sp. Sess. I, c. 387.
Code of Virginia — Title 45.2 (Mines, Minerals, and Energy), Chapter 16 (Virginia Gas and Oil Act)
§ 45.2-1616.  Statewide spacing of wells.
A. Unless prior approval has been received from the Board or a provision of the field or pool rules so allows:

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

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

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

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

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

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

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

1990, c. 92, § 45.1-361.17; 1996, c. 854; 1997, c. 759; 2021, Sp. Sess. I, c. 387.

Code of Virginia — Title 45.2 (Mines, Minerals, and Energy), Chapter 16 (Virginia Gas and Oil Act)
§ 45.2-1617.  Voluntary pooling of interests in drilling units; validity of unit agreements.
A. If two or more separately owned tracts are embraced within a drilling unit, or if there are separately owned interests in all or a part of any such drilling unit, the gas or oil owners owning such interests may pool their interests for the development and operation of the drilling unit by voluntary agreement. Such agreement may be based on the exercise of pooling rights or rights to establish drilling units that are granted in any gas or oil lease.

B. No voluntary pooling agreement between or among gas or oil owners shall be held to violate the statutory or common law of the Commonwealth that prohibits monopolies or acts, arrangements, contracts, combinations, or conspiracies in restraint of trade or commerce.

1982, c. 347, § 45.1-302; 1987, c. 452; 1989, c. 529; 1990, c. 92, § 45.1-361.18; 2021, Sp. Sess. I, c. 387.
Code of Virginia — Title 45.2 (Mines, Minerals, and Energy), Chapter 16 (Virginia Gas and Oil Act)
§ 45.2-1618.  Notice of hearing; standing; form of hearing.
A. Any person who applies for a hearing in front of the Board pursuant to the provisions of § 45.2-1619, 45.2-1620, or 45.2-1622 shall simultaneously with the filing of such application provide notice by commercial delivery service, return receipt requested, or certified mail, return receipt requested, to each gas or oil owner, coal owner, or mineral owner having an interest underlying the tract that is the subject of the hearing and to the operator of any gas storage field certificated by the State Corporation Commission as a public utility facility whose certificated area includes the tract that is the subject of the hearing. Whenever a hearing applicant is unable to provide such written notice because the identity or location of a person to whom notice is required to be given is unknown, the hearing applicant shall promptly notify the Board of such inability.

B. At least 10 days prior to a hearing, the Board shall publish its agenda in a newspaper of general circulation in each locality where the lands that are the subject of the hearing are located. The agenda shall include the name of each applicant, the locality where the lands that are the subject of the hearing are located, the purpose of the hearing, and the date, time, and location of the hearing.

C. The Board shall conduct all hearings on any application made to it pursuant to the formal litigated issues hearing provisions of the Administrative Process Act (§ 2.2-4000 et seq.). The applicant and any person to whom notice is required to be given pursuant to subsection A shall have standing to be heard at the hearing. The Board shall render its decision on such application within 30 days of the hearing's closing date and shall provide notification of its decision to all parties to the hearing pursuant to the provisions of the Administrative Process Act.

1982, c. 347, § 45.1-304; 1989, c. 529; 1990, c. 92, § 45.1-361.19; 1997, c. 759; 2008, c. 534; 2019, c. 351; 2021, Sp. Sess. I, c. 387.
Code of Virginia — Title 45.2 (Mines, Minerals, and Energy), Chapter 16 (Virginia Gas and Oil Act)
§ 45.2-1621.  Coalbed methane gas; ownership.
No conveyance, reservation, or exception of coal shall be deemed to include coalbed methane gas. Nothing in this section shall affect a coal operator's right to vent coalbed methane gas for safety purposes or release coalbed methane gas in connection with mining operations. The provisions of this section shall not affect any settlement of any dispute, or any judgment or governmental order, as to the ownership or development of coalbed methane gas made or entered into prior to April 13, 2010.

2010, cc. 730, 762, § 45.1-361.21:1; 2021, Sp. Sess. I, c. 387.
Code of Virginia — Title 45.2 (Mines, Minerals, and Energy), Chapter 16 (Virginia Gas and Oil Act)
§ 45.2-1625.  Appeals of the Director's decisions; notices; hearings and orders.
A. With the exception of an aggrieved permit applicant, no person shall have standing to appeal a decision of the Director to the Board concerning a new permit application unless such person has previously filed an objection with the Director pursuant to the provisions of § 45.2-1637.

B. When a person applies for a hearing to appeal a decision of the Director to the Board, the Board shall, at least 20 days prior to the hearing, give notice by certified mail, return receipt requested, to the person making the appeal and, if different, to the gas or oil operator subject to the appeal.

C. Upon submittal of the petition for appeal of a decision of the Director to the Board, the Director shall forward to the Board (i) the permit application or order and associated documents; (ii) all required notices; and (iii) the written objections, proposals, and claims recorded during the informal fact-finding hearing.

D. In any appeal involving a permit for a new well that was objected to (i) pursuant to the provisions of § 45.2-1611 or 45.2-1612 or (ii) by a gas storage field operator who asserts that the proposed well work will adversely affect the operation of a gas storage field certificated by the State Corporation Commission, the filing of a petition for appeal shall stay any permit until the case is decided by the Board or the stay is dissolved by a court of record. However, in an appeal by a gas storage field operator, such automatic stay shall not apply to any oil, gas, or coalbed methane well completed more than 100 feet above the cap rock above the storage stratum. In any other appeal, the Director may order the permit or other decision stayed for good cause shown until the case is decided by the Board or the stay is dissolved by a court of record. An appeal based on an alleged risk of danger to any person not engaged in the gas or oil operations shall be prima facie proof of good cause for a stay.

E. The Board shall conduct all hearings under this section in accordance with the formal litigated issues hearing provisions of Article 3 (§ 2.2-4018 et seq.) of the Administrative Process Act. However, any person to whom notice is required to be given pursuant to subsection B shall have standing to be heard at the hearing. The Board shall render its decision on such appeals within 30 days of the hearing's closing date and shall provide notification of its decision to all parties pursuant to the provisions of the Administrative Process Act (§ 2.2-4000 et seq.).

1990, c. 92, § 45.1-361.23; 1997, c. 759; 2021, Sp. Sess. I, c. 387.