reglab/housing_qa huggingface dataset:
VA Code § 45.2-1227 (2021)
2021 Code of Virginia|Title 45.2 - Mines, Minerals, and Energy|Chapter 12 - Permits for Certain Mining Operations; Reclamation of Land|§ 45.2-1227. (Effective October 1, 2021) Local standards and regulations; waiver of application of chapter; review for strict compliance with chapter

A. Any locality may establish standards and adopt regulations dealing with the same subjects dealt with in this chapter so long as such standards and regulations are no less stringent than those adopted by the Director.B. This chapter shall not be construed to repeal any local ordinance or regulation or charter provision in any locality where such provision is no less stringent than the standard adopted by the Director. The Director may waive the application of this chapter if, in his opinion, a locality in which mining operations are being conducted has enacted and is enforcing zoning ordinances dealing with the subject matter and prescribing standards and regulations not less stringent than those set forth in this chapter. If the Director waives any provision of this chapter, the operator shall comply strictly with all the provisions of the ordinances of the locality in which the operation is located.C. The Director may also waive the application of this chapter as to any mining or borrow pit operation that is conducted solely and exclusively for a state project and that is subject by contract to the control and supervision of a state agency, so long as regulations satisfactory to the Director have been adopted and are incorporated into any contract for such removal. The locality or state agency shall ensure strict compliance with all provisions of the ordinances, regulations, or contracts and the Director shall from time to time review such ordinances, regulations, or contracts and their enforcement programs to ensure compliance with this chapter. If the Director determines that such strict compliance is not present, then he may rescind the waiver of the application of this chapter.1968, c. 734, § 45.1-197; 1974, c. 312; 1977, c. 312; 2021, Sp. Sess. I, c. 387.
VA Code § 45.2-1228 (2021)
2021 Code of Virginia|Title 45.2 - Mines, Minerals, and Energy|Chapter 12 - Permits for Certain Mining Operations; Reclamation of Land|§ 45.2-1228. (Effective October 1, 2021) Orphaned Lands Reclamation Fund

There is hereby created in the state treasury a special nonreverting fund to be known as the Orphaned Lands Reclamation Fund, referred to in this section as "the Fund." The Fund shall be established on the books of the Comptroller. An amount equal to the average interest rate earned for all funds in the state treasury as applied to the Minerals Reclamation Fund created pursuant to § 45.2-1234 shall be paid annually into the state treasury and credited to the Fund. Moneys in the Fund shall be used solely for the purpose of the reclamation of orphaned lands pursuant to this article. Interest earned on moneys in the Fund shall remain in the Fund and be credited to it. Any moneys remaining in the Fund, including interest thereon, at the end of each fiscal year shall not revert to the general fund but shall remain in the Fund. Expenditures and disbursements from the Fund shall be made by the State Treasurer on warrants issued by the Comptroller upon written request signed by the Director.1978, c. 634, § 45.1-197.18; 1984, c. 590; 2017, c. 4; 2021, Sp. Sess. I, c. 387.
VA Code § 45.2-1229 (2021)
2021 Code of Virginia|Title 45.2 - Mines, Minerals, and Energy|Chapter 12 - Permits for Certain Mining Operations; Reclamation of Land|§ 45.2-1229. (Effective October 1, 2021) Survey; priorities for reclamation

The Director shall conduct a survey to determine the extent of the orphaned lands in the Commonwealth and shall establish priorities for the reclamation of such lands.1978, c. 634, § 45.1-197.4; 2021, Sp. Sess. I, c. 387.
VA Code § 45.2-1230 (2021)
2021 Code of Virginia|Title 45.2 - Mines, Minerals, and Energy|Chapter 12 - Permits for Certain Mining Operations; Reclamation of Land|§ 45.2-1230. (Effective October 1, 2021) Agreements with owners or lessees; reclamation by Director

The Director is authorized to enter into agreements with owners or lessees of orphaned land when the owners agree to the reclamation of such land by the Division to the extent and in the manner deemed appropriate or reasonable by the Director. The Director shall not return orphaned land to any use other than the minimum potential use of the land that existed prior to the initiation of mining operations unless the landowner or owners, or lessee or lessees, agree to bind themselves to the payment of the additional cost upon terms that the Director deems reasonable. In entering into such agreements, the Director shall be guided by the priorities for reclamation established by him and shall not enter into any such agreement unless funds are immediately available for the performance of the agreement by the Director as provided in this article.1978, c. 634, § 45.1-197.5; 2021, Sp. Sess. I, c. 387.
VA Code § 45.2-1231 (2021)
2021 Code of Virginia|Title 45.2 - Mines, Minerals, and Energy|Chapter 12 - Permits for Certain Mining Operations; Reclamation of Land|§ 45.2-1231. (Effective October 1, 2021) Contracts for reclamation

The Director is authorized to contract with any state agency, federal agency, or private contractor through the Division for the purpose of reclaiming orphaned lands pursuant to the agreements specified in this article.1978, c. 634, § 45.1-197.6; 2021, Sp. Sess. I, c. 387.
VA Code § 45.2-1232 (2021)
2021 Code of Virginia|Title 45.2 - Mines, Minerals, and Energy|Chapter 12 - Permits for Certain Mining Operations; Reclamation of Land|§ 45.2-1232. (Effective October 1, 2021) Acceptance of federal funds, gifts, etc.

The Director is authorized (i) to accept federal funds or gifts or grants from any source for the purposes of this article; (ii) to acquire by gift or purchase, but not by the exercise of the power of eminent domain, any orphaned lands whose acquisition he judges to be in the public interest; and (iii) to utilize any such funds, gifts, or grants for the purposes of this article.1978, c. 634, § 45.1-197.7; 2021, Sp. Sess. I, c. 387.
VA Code § 45.2-1233 (2021)
2021 Code of Virginia|Title 45.2 - Mines, Minerals, and Energy|Chapter 12 - Permits for Certain Mining Operations; Reclamation of Land|§ 45.2-1233. (Effective October 1, 2021) Definition

For purposes of this article, "Fund" means the Minerals Reclamation Fund created pursuant to § 45.2-1234.2021, Sp. Sess. I, c. 387.
VA Code § 45.2-1234 (2021)
2021 Code of Virginia|Title 45.2 - Mines, Minerals, and Energy|Chapter 12 - Permits for Certain Mining Operations; Reclamation of Land|§ 45.2-1234. (Effective October 1, 2021) Minerals Reclamation Fund

There is hereby created in the state treasury a special nonreverting fund to be known as the Minerals Reclamation Fund. The Fund shall be established on the books of the Comptroller. All payments made by operators in accordance with the provisions of this article shall be paid into the state treasury and credited to the Fund. Any moneys remaining in the Fund, including interest thereon, at the end of each fiscal year shall not revert to the general fund but shall remain in the Fund. Moneys in the Fund shall be used solely for the reclamation of mining operations pursuant to § 45.2-1238. Expenditures and disbursements from the Fund shall be made by the State Treasurer on warrants issued by the Comptroller upon written request signed by the Director.1978, c. 634, § 45.1-197.8; 2017, c. 4; 2021, Sp. Sess. I, c. 387.
VA Code § 45.2-1235 (2021)
2021 Code of Virginia|Title 45.2 - Mines, Minerals, and Energy|Chapter 12 - Permits for Certain Mining Operations; Reclamation of Land|§ 45.2-1235. (Effective October 1, 2021) Membership in Fund; payments required

Each operator who has had five years of satisfactory operation in the Commonwealth under Chapter 12 (§ 45.2-1200 et seq.) shall become a member of the Fund by making an initial payment to the Fund of $50 for each acre estimated to be affected by mining operations during the next year. Thereafter, the member shall, within 10 days following the anniversary date of each permit issued to the member, make a payment to the Fund of $12.50 for each acre estimated to be affected by mining operations during the next year. Such payments shall continue to be made until the member has paid into the Fund a total of $500 for each acre estimated to be affected under the permits issued to the member.1978, c. 634, § 45.1-197.9; 2021, Sp. Sess. I, c. 387.
VA Code § 45.2-1236 (2021)
2021 Code of Virginia|Title 45.2 - Mines, Minerals, and Energy|Chapter 12 - Permits for Certain Mining Operations; Reclamation of Land|§ 45.2-1236. (Effective October 1, 2021) Release of bonds and other securities

All bonds and other securities issued by an operator pursuant to § 45.2-1208 or 45.2-1212 shall be released upon the acceptance into the Fund of such bonds or securities and the payment of required fees.1978, c. 634, § 45.1-197.10; 2017, c. 4; 2021, Sp. Sess. I, c. 387.
VA Code § 45.2-1237 (2021)
2021 Code of Virginia|Title 45.2 - Mines, Minerals, and Energy|Chapter 12 - Permits for Certain Mining Operations; Reclamation of Land|§ 45.2-1237. (Effective October 1, 2021) Return of member payments

Subject to the provisions of § 45.2-1240, the Director shall return from the Fund to the member any payment that the member has previously paid to the Fund once the Director determines that the member has completed satisfactory reclamation in accordance with § 45.2-1212. The payments returned shall be only those payments that the member made for the acres that have been satisfactorily reclaimed. In lieu of such return, the member may request that the Director retain the payments in the Fund as payments for additional acres to be disturbed by the member's operations.1978, c. 634, § 45.1-197.11; 2021, Sp. Sess. I, c. 387.
VA Code § 45.2-1238 (2021)
2021 Code of Virginia|Title 45.2 - Mines, Minerals, and Energy|Chapter 12 - Permits for Certain Mining Operations; Reclamation of Land|§ 45.2-1238. (Effective October 1, 2021) Revocation of permits; reclamation work

If a permit issued to a member is revoked pursuant to § 45.2-1213, then the payments that the member has made to the Fund in connection with such permit shall be forfeited to the Fund. The Director shall use such forfeited payments, or as much of such payments as necessary, for the reclamation of the mining operation to which the permit applied. If the cost of reclamation exceeds the amount of the forfeited payments, the Director shall also use the proceeds from the member's bond or other security also forfeited in conjunction with the revocation of the permit in accordance with § 45.2-1213, except that if all of the member's bonds and other securities have been released pursuant to § 45.2-1236, then the Director shall draw upon the Fund for the entire cost of reclamation.1978, c. 634, § 45.1-197.12; 2021, Sp. Sess. I, c. 387.
VA Code § 45.2-1239 (2021)
2021 Code of Virginia|Title 45.2 - Mines, Minerals, and Energy|Chapter 12 - Permits for Certain Mining Operations; Reclamation of Land|§ 45.2-1239. (Effective October 1, 2021) Collection of debt where cost of reclamation exceeds member's forfeited payments, etc.

The amount by which the cost of reclamation exceeds the amount of a member's forfeited payments and the member's forfeited bond or other security, if any, shall constitute a debt of the member to the Commonwealth. The Director is authorized to collect such debts together with the cost of collection through appropriate legal action or by declaring the forfeiture of other payments made by the member to the Fund. Moneys collected through legal action, less the costs of collection, shall be deposited in the Fund.1978, c. 634, § 45.1-197.13; 2021, Sp. Sess. I, c. 387.
VA Code § 45.2-1240 (2021)
2021 Code of Virginia|Title 45.2 - Mines, Minerals, and Energy|Chapter 12 - Permits for Certain Mining Operations; Reclamation of Land|§ 45.2-1240. (Effective October 1, 2021) Decreases in size of Fund

Whenever the size of the Fund decreases to less than $2 million, the Director shall suspend the return of payments pursuant to § 45.2-1237 and shall assess all members an equal amount for each affected acre, for a total amount sufficient to raise the Fund to $2 million. In lieu of such assessment, all members shall at the request of the Director post bonds or other securities within six months after the Director so notifies the members. Failure of a member to post bond or other surety or to pay the required assessment shall result in the revocation of the permit of the member and the forfeiture of the member's payments in accordance with § 45.2-1238.1978, c. 634, § 45.1-197.14; 2017, c. 4; 2021, Sp. Sess. I, c. 387.
VA Code § 45.2-1241 (2021)
2021 Code of Virginia|Title 45.2 - Mines, Minerals, and Energy|Chapter 12 - Permits for Certain Mining Operations; Reclamation of Land|§ 45.2-1241. (Effective October 1, 2021) Order of return of payments

The return of payments to members shall be made in the order in which the Director approves the completion of reclamation pursuant to § 45.2-1212.1978, c. 634, § 45.1-197.15; 2021, Sp. Sess. I, c. 387.
VA Code § 45.2-1242 (2021)
2021 Code of Virginia|Title 45.2 - Mines, Minerals, and Energy|Chapter 12 - Permits for Certain Mining Operations; Reclamation of Land|§ 45.2-1242. (Effective October 1, 2021) Discontinuance of Fund

If the Fund is discontinued, any amounts remaining in the Fund shall be returned to the members in proportion to the amount that each member has paid.1978, c. 634, § 45.1-197.16; 2021, Sp. Sess. I, c. 387.
VA Code § 45.2-1243 (2021)
2021 Code of Virginia|Title 45.2 - Mines, Minerals, and Energy|Chapter 12 - Permits for Certain Mining Operations; Reclamation of Land|§ 45.2-1243. (Effective October 1, 2021) Construction of article; Fund used solely for reclamation

Nothing in this article shall be construed as vesting in any member any right, title, or interest in the Fund or the disposition of the Fund. The Fund shall be used solely for reclamation of land pursuant to this chapter.1978, c. 634, § 45.1-197.17; 2021, Sp. Sess. I, c. 387.
VA Code § 45.2-1300 (2021)
2021 Code of Virginia|Title 45.2 - Mines, Minerals, and Energy|Chapter 13 - Mineral Mining Retaining Dams; Adjacent Owners|§ 45.2-1300. (Effective October 1, 2021) Definitions

As used in this article, unless the context requires a different meaning:"Impound water" means to impound water for use in carrying out any part of the process necessary in the production or preparation of minerals."Refuse" means waste material resulting from a mineral mining operation."Silt" means fine particles resulting from a mineral mining operation, suspended in or deposited by water."Water" means water used in a mining operation.1997, c. 390, § 45.1-225.3; 2021, Sp. Sess. I, c. 387.
VA Code § 45.2-1301 (2021)
2021 Code of Virginia|Title 45.2 - Mines, Minerals, and Energy|Chapter 13 - Mineral Mining Retaining Dams; Adjacent Owners|§ 45.2-1301. (Effective October 1, 2021) Dams and mine refuse piles; construction

A. Any water-retaining or silt-retaining dam or mine refuse pile or modification of an existing water-retaining or silt-retaining dam or mine refuse pile shall be designed and constructed by or under the direction of a qualified engineer if such dam or pile is designed to impound water or silt to a height of (i) five feet or more above the lowest natural ground level within the impounded area and has a storage volume of 50 acre-feet or more or (ii) 20 feet or more, regardless of storage volume.B. Designs, construction specifications, and other related data, including final abandonment plans, for a water-retaining or silt-retaining dam or mine refuse pile shall be approved and certified by the qualified engineer as specified in subsection A and by the licensed operator or his agent.C. The designs, construction specifications, and other related data approved and certified in accordance with subsection B shall be submitted for approval to the Director. If the Director approves the submittal, he shall notify the licensed operator in writing. If the Director disapproves the submittal, he shall notify the licensed operator with his written objections and required amendments. The Director shall approve or disapprove the submittal within 30 days following receipt thereof.1997, c. 390, § 45.1-225.1; 1998, c. 695; 2021, Sp. Sess. I, c. 387.
VA Code § 45.2-1302 (2021)
2021 Code of Virginia|Title 45.2 - Mines, Minerals, and Energy|Chapter 13 - Mineral Mining Retaining Dams; Adjacent Owners|§ 45.2-1302. (Effective October 1, 2021) 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; and3. 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; and6. 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.
VA Code § 45.2-1303 (2021)
2021 Code of Virginia|Title 45.2 - Mines, Minerals, and Energy|Chapter 13 - Mineral Mining Retaining Dams; Adjacent Owners|§ 45.2-1303. (Effective October 1, 2021) 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.
VA Code § 45.2-1304 (2021)
2021 Code of Virginia|Title 45.2 - Mines, Minerals, and Energy|Chapter 13 - Mineral Mining Retaining Dams; Adjacent Owners|§ 45.2-1304. (Effective October 1, 2021) 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.
VA Code § 45.2-1400 (2021)
2021 Code of Virginia|Title 45.2 - Mines, Minerals, and Energy|Chapter 14 - Requirements Applicable to Underground Mineral Mines|§ 45.2-1400. (Effective October 1, 2021) 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.