reglab/housing_qa huggingface dataset:
VA Code § 45.2-1044 (2021)
2021 Code of Virginia|Title 45.2 - Mines, Minerals, and Energy|Chapter 10 - Virginia Coal Surface Mining Control and Reclamation Act of 1979|§ 45.2-1044. (Effective October 1, 2021) Participation in Fund

A. Participation in the Fund is open to any operator applying for a permit under this chapter who can demonstrate to the Director a history of at least three consecutive years of compliance under this chapter or any other comparable state or federal act.B. Participation in the Fund is optional as to each permit application, and approval of such participation by the Division, upon payment by the operator of all entrance fees to the Fund required by this article, shall constitute compliance with all requirements of § 45.2-1016 and regulations issued pursuant thereto. Such participation shall relieve the operator of all bonding requirements except those set forth in this article. Nothing in this article shall preclude compliance with § 45.2-1016 in lieu of participation in the Fund, prior to commencement of such participation. Commencement of participation in the Fund, as to the applicable permit, constitutes an irrevocable commitment to participate therein as to the applicable permit and for the duration of the coal surface mining operations covered thereunder.C. For any mining operation bonded under this article, the total cumulative amount of exposed highwall shall not exceed 1,500 linear feet. The width of the coal pit shall be limited to two mining cuts or 500 feet, whichever is less, measured perpendicular from the most advanced highwall to the coal outcrop or to the nearest point of rough backfilling and grading.D. The Director may allow extended distances for rough backfilling and grading beyond those established in this section the applicant (i) can demonstrate to the Director a history of at least seven consecutive years of compliance with this chapter or with any other comparable state or federal act or (ii) submits a bond for the proposed additional area. The additional bond shall be equal to the ratio of the extended distance to the distance specified in subsection C, multiplied by an approved cost estimate of reclamation prepared for the permit.1982, c. 334, § 45.1-270.2; 1983, c. 131; 1989, c. 432; 2021, Sp. Sess. I, c. 387.
VA Code § 45.2-1046 (2021)
2021 Code of Virginia|Title 45.2 - Mines, Minerals, and Energy|Chapter 10 - Virginia Coal Surface Mining Control and Reclamation Act of 1979|§ 45.2-1046. (Effective October 1, 2021) Assessment of reclamation tax revenues for Fund

A. There is hereby levied a reclamation tax upon the production of coal by each operator participating in the Fund under a permit issued under this chapter as set forth in this article.B. Thirty days after the end of each calendar quarter during which the total balance of the Fund, including interest thereon, is less than $20 million, each operator shall pay into the Fund an amount equal to:1. Four cents per clean ton of coal produced by a surface mining operation permitted under this chapter;2. Three cents per clean ton of coal produced by a deep mining operation permitted under this chapter; and3. One and one-half cents per clean ton of coal processed or loaded by a preparation or loading facility permitted under this chapter.C. At the end of each calendar quarter during which the total balance in the Fund, including interest thereon, exceeds $20 million, payments under this section shall cease until again required pursuant to subsection B.D. In no event shall any operator pay reclamation tax under this section on total coal production in excess of five million tons per calendar year, regardless of the number of permits held by that operator. In no event shall any operator holding more than one type of permit pay tax at a rate in excess of five and one-half cents per ton on coal originally surface-mined by that operator or in excess of four and one-half cents per ton on coal originally deep-mined by that operator. Any operator holding one permit upon which coal is mined and processed or loaded shall pay only the tax applicable under this section to the surface mining operation or deep mining operation.1982, c. 334, § 45.1-270.4; 1983, c. 131; 1987, c. 468; 1991, c. 495; 2014, cc. 111, 135; 2021, Sp. Sess. I, c. 387.
VA Code § 45.2-1047 (2021)
2021 Code of Virginia|Title 45.2 - Mines, Minerals, and Energy|Chapter 10 - Virginia Coal Surface Mining Control and Reclamation Act of 1979|§ 45.2-1047. (Effective October 1, 2021) Special assessment

A. In addition to the tax assessed pursuant to § 45.2-1046, and in order to ensure Fund solvency, the Director of the Division shall require each permittee to pay any special assessment made pursuant to subsection B.B. On and after July 1, 1990, the Director of the Division shall assess each permit in the Fund the amount of $500. Such assessment shall be made only one time and all revenues collected shall be applied to the balance of the Fund. The permittee shall be responsible for payment of the assessment.C. On or after July 1, 1991, the Director of the Division shall assess an amount not to exceed $500,000. The amount of the assessment shall be $250 for each permit participating in the Fund that has completed all mining activity and for which a completion report has been approved. The remaining assessments shall be made in equal amounts per acre for each disturbed acre permitted under the Fund. The amount of disturbed acreage for each permit shall be determined by the most recent anniversary map, or updated anniversary map, submitted by the permittee to the Division prior to July 1, 1991. The assessments under subsection B and this subsection shall not apply to acreage that has been reclaimed and for which an increment of the bond has been transferred to other acreage in the permit. The assessments under subsection B and this subsection shall be made only one time and all revenues collected shall be applied to the balance of the Fund. The permittee shall be responsible for payment of the assessment.D. Failure to tender moneys assessed pursuant to the provisions of this section within 30 calendar days of assessment shall constitute a violation of this chapter. Any civil penalties collected for violations of this section shall be applied to the balance of the Fund.1990, c. 427, § 45.1-270.4:1; 1991, c. 495; 2021, Sp. Sess. I, c. 387.
VA Code § 45.2-1048 (2021)
2021 Code of Virginia|Title 45.2 - Mines, Minerals, and Energy|Chapter 10 - Virginia Coal Surface Mining Control and Reclamation Act of 1979|§ 45.2-1048. (Effective October 1, 2021) Collection of reclamation tax and penalties for nonpayment

A. Payment of taxes under this section shall be made no later than 30 days after the end of each calendar quarter when taxes are applicable in accordance with § 45.2-1046. The Division shall notify each operator holding a permit under this chapter of those periods during which the taxes are applicable, provide forms for reporting coal production figures subject to taxes, and collect all taxes for the Fund.B. Pursuant to regulations adopted by the Director, and consistent with the provisions of § 45.2-1024, all funds paid into the Fund, and interest accrued to the Fund, shall be available for the completion of defaulted reclamation plans filed pursuant to § 45.2-1011. From the interest accrued to the Fund, amounts sufficient to properly administer the Fund are hereby appropriated to the Division. The Director shall also adopt regulations for the implementation of this article and for the collection of taxes hereunder.C. The Division, upon advance written request to an operator, may audit the relevant books and records of the operator upon which taxes paid under this section are based. Failure to consent to a reasonable request for the audit shall be deemed a violation of this article by the operator.D. Upon the failure of an operator to pay taxes when due under this section, the Division shall issue a notice of violation pursuant to subsection B of § 45.2-1020. The notice of violation shall state that upon failure of payment within 15 days thereafter, the Division shall issue a cessation order to the operator for failure to abate the notice of violation. Upon the issuance of the cessation order pursuant to subsection C of § 45.2-1020, the enforcement procedures set forth in Article 2 (§ 45.2-1008 et seq.) shall apply. Civil penalties imposed upon an operator pursuant to a violation of this article shall be placed in the Fund.1982, c. 334, § 45.1-270.5; 1984, c. 590; 2021, Sp. Sess. I, c. 387.
VA Code § 45.2-1049 (2021)
2021 Code of Virginia|Title 45.2 - Mines, Minerals, and Energy|Chapter 10 - Virginia Coal Surface Mining Control and Reclamation Act of 1979|§ 45.2-1049. (Effective October 1, 2021) Forfeiture of bonds on operations participating in the Fund; alternative remedies

A. Forfeiture of bonds of an operation participating in the Fund shall be accomplished as set forth in § 45.2-1023 and the regulations adopted by the Director.B. In addition to forfeiture, the Director may proceed against the permittee of a surface coal mining operation under the provisions of subsection F of § 45.2-1020 by filing a civil action for injunctive or other relief in any court of competent jurisdiction to compel the permittee to perform the reclamation work in full compliance with this chapter, the regulations, and approved permit plans. Any injunctive relief shall be granted without the necessity of pleading or proving inadequate remedy at law or irreparable harm, and no bond shall be required.C. Proceedings under either subsection A or B shall not constitute a waiver by the Director to proceed under the other subsection, nor shall the commencement of action under one subsection constitute an election to proceed solely under that subsection.1987, c. 468, § 45.1-270.5:1; 2021, Sp. Sess. I, c. 387.
VA Code § 45.2-1050 (2021)
2021 Code of Virginia|Title 45.2 - Mines, Minerals, and Energy|Chapter 10 - Virginia Coal Surface Mining Control and Reclamation Act of 1979|§ 45.2-1050. (Effective October 1, 2021) Reinstatement to the Fund; recovery of Fund expenditures

A. An operator who has defaulted on any reclamation obligation and has thereby caused the Fund to incur reclamation expenses shall not be eligible to participate in the Fund thereafter until restitution for such default has been made. Compliance with this requirement shall be a prerequisite to the filing by the operator of any new permit application under this chapter but shall not affect the operator's obligation to comply with all other requirements of this chapter in applying for a permit.B. The Director may file a motion for judgment in any court of competent jurisdiction against the permittee to recover all moneys expended by the Fund to accomplish a reclamation. Such expenditures shall include construction costs, engineering costs, administrative costs, and legal costs. In any action to recover such costs, the defendant shall not relitigate the facts giving rise to the forfeiture or defend by claiming the forfeiture was improper.1982, c. 334, § 45.1-270.6; 1987, c. 468; 2021, Sp. Sess. I, c. 387.
VA Code § 45.2-1100 (2021)
2021 Code of Virginia|Title 45.2 - Mines, Minerals, and Energy|Chapter 11 - Mineral Mine Safety Act|§ 45.2-1100. (Effective October 1, 2021) Mineral Mine Safety Act

For purposes of this title, this chapter and Chapters 14 (§ 45.2-1400 et seq.) and 15 (§ 45.2-1500 et seq.) shall be known as the Mineral Mine Safety Act.1997, c. 390, § 45.1-161.292:1; 2021, Sp. Sess. I, c. 387.
VA Code § 45.2-1102 (2021)
2021 Code of Virginia|Title 45.2 - Mines, Minerals, and Energy|Chapter 11 - Mineral Mine Safety Act|§ 45.2-1102. (Effective October 1, 2021) Safety and health

In safety and health, all mineral miners are to be governed by the Act, Article 1 (§ 45.2-1300 et seq.) of Chapter 13, any other section of the Code relating to the safety and health of miners, and regulations adopted by the Department.1997, c. 390, § 45.1-161.292:3; 2021, Sp. Sess. I, c. 387.
VA Code § 45.2-1103 (2021)
2021 Code of Virginia|Title 45.2 - Mines, Minerals, and Energy|Chapter 11 - Mineral Mine Safety Act|§ 45.2-1103. (Effective October 1, 2021) Special safety rules

The operator of a mine may adopt special safety rules for the safety and operation of his mine regarding the work pertaining thereto inside and outside of the mine. Such rules, however, shall not conflict with the provisions of the Act. Such rules, if established, shall be posted at some conspicuous place about the mine where they may be seen by all miners subject to such rules. In lieu of posting the rules, the operator may furnish a printed copy of such rules to each miner subject to such rules.1997, c. 390, § 45.1-161.292:4; 1998, c. 695; 2021, Sp. Sess. I, c. 387.
VA Code § 45.2-1104 (2021)
2021 Code of Virginia|Title 45.2 - Mines, Minerals, and Energy|Chapter 11 - Mineral Mine Safety Act|§ 45.2-1104. (Effective October 1, 2021) Persons permitted to work in mines; age requirements

A. No person under 18 years of age shall be permitted to work in any mine.B. The Department shall conform to § 212 of the federal Fair Labor Standards Act, 29 U.S.C. § 201 et seq., and federal regulations adopted pursuant to that Act with respect to any person under 18 years of age working around any mine.C. No operator, agent, or mine foreman shall make a false statement as to the age of any person under 18 years of age applying for work in or around any mine.1997, c. 390, § 45.1-161.292:5; 2020, c. 804; 2021, Sp. Sess. I, c. 387.
VA Code § 45.2-1105 (2021)
2021 Code of Virginia|Title 45.2 - Mines, Minerals, and Energy|Chapter 11 - Mineral Mine Safety Act|§ 45.2-1105. (Effective October 1, 2021) Prohibited acts by miners or other persons; miners to comply with law

A. No miner or other person shall (i) knowingly damage any shaft, lamp, instrument, air course, or brattice or obstruct any airway; (ii) carry in a mine any intoxicating liquors or controlled drugs without the prescription of a licensed physician; (iii) disturb any part of the machinery or appliances in a mine; (iv) open a door used for directing ventilation and fail to close it again; (v) enter any part of a mine against caution or a warning sign or barricade; or (vi) disobey any order issued pursuant to the provisions of the Act.B. Each miner at any mine shall comply fully with the provisions of the Act and other mining laws of the Commonwealth, including regulations adopted by the Department, that pertain to his duties.1997, c. 390, § 45.1-161.292:6; 2021, Sp. Sess. I, c. 387.
VA Code § 45.2-1106 (2021)
2021 Code of Virginia|Title 45.2 - Mines, Minerals, and Energy|Chapter 11 - Mineral Mine Safety Act|§ 45.2-1106. (Effective October 1, 2021) Safety materials and supplies

It is the duty of each operator or agent to keep on hand at all times at each mine, or within convenient distance of each mine, a sufficient quantity of all materials and supplies required to preserve the safety of miners working in any area in which the operator is responsible for their health and safety, as required by the Act. If for any reason the operator or agent cannot procure the necessary materials or supplies, he shall cause all miners to withdraw from the mine, or from the affected portion of the mine, until such materials or supplies are received.1997, c. 390, § 45.1-161.292:7; 1998, c. 695; 2021, Sp. Sess. I, c. 387.
VA Code § 45.2-1107 (2021)
2021 Code of Virginia|Title 45.2 - Mines, Minerals, and Energy|Chapter 11 - Mineral Mine Safety Act|§ 45.2-1107. (Effective October 1, 2021) Notifying miners of violations; compliance with Act

A. The operator and his agent shall cooperate with the mine foreman, competent person, and other officials in the discharge of their duties as required by the Act. Such operator and agent shall direct all miners to comply with all provisions of the Act, especially when the attention of such operator or agent is called by the Director or a mine inspector to any violation of the Act.B. The operator of any mine or his agent shall operate at all times in full conformity with the Act and any other mining law of the Commonwealth, including any regulation of the Department. This requirement shall not relieve any other person who is subject to the provisions of the Act from his duty to comply with the requirements of the Act.C. Nothing in the Act shall be construed to relieve an operator or his agent from the duty imposed at common law to secure the reasonable safety of his employees.D. No operator, agent, competent person, or certified person shall knowingly permit any person to work in any part of a mine in violation of written instructions issued by a mine inspector pursuant to the Act.1997, c. 390, § 45.1-161.292:8; 1998, c. 695; 2021, Sp. Sess. I, c. 387.
VA Code § 45.2-1108 (2021)
2021 Code of Virginia|Title 45.2 - Mines, Minerals, and Energy|Chapter 11 - Mineral Mine Safety Act|§ 45.2-1108. (Effective October 1, 2021) Affiliations of Department personnel with labor union, mining company, etc.; interest in mine; inspections of mines where inspector previously employed

A. Neither the Director nor any other officer or employee of the Department shall, upon taking office or being employed, or at any other time during the term of his office or employment, have any affiliation with any operating company, operators' association, or labor union or fail to comply with the provisions of the State and Local Government Conflict of Interests Act (§ 2.2-3100 et seq.). Neither the Director nor any other officer while in office shall be directly or indirectly interested as owner, partner, proprietor, lessor, operator, superintendent, or engineer of any mine, nor shall the Director or any other officer while in office own any stock in a corporation that owns a mine either directly or through a subsidiary.B. Neither the Director nor any mine inspector shall perform an inspection at any mine at which he was last employed for a period of two years following termination of his employment.1997, c. 390, § 45.1-161.292:9; 2021, Sp. Sess. I, c. 387.
VA Code § 45.2-1109 (2021)
2021 Code of Virginia|Title 45.2 - Mines, Minerals, and Energy|Chapter 11 - Mineral Mine Safety Act|§ 45.2-1109. (Effective October 1, 2021) Appointment and general qualifications of mine inspectors

A. Each mine inspector shall be appointed by the Director.B. Each mine inspector shall (i) be at least 25 years of age; (ii) be of good moral character and temperate habits; (iii) hold a certificate as a mine foreman; and (iv) hold a certificate as a mine inspector issued prior to July 1, 2012, by the Board of Mineral Mining Examiners or on or after July 1, 2012, by the Department.1997, c. 390, §§ 45.1-161.292:10, 45.1-161.292:11; 2012, cc. 803, 835; 2021, Sp. Sess. I, c. 387.
VA Code § 45.2-1110 (2021)
2021 Code of Virginia|Title 45.2 - Mines, Minerals, and Energy|Chapter 11 - Mineral Mine Safety Act|§ 45.2-1110. (Effective October 1, 2021) Qualifications of mine inspectors

Each mine inspector conducting inspections of mineral mines shall have a thorough knowledge of the various systems of working and ventilating underground mineral mines and working surface mineral mines, the control of mine roof and ground control, methods of rescue and recovery in mining operations, the application of electricity and mechanical loading in mining operations, equipment and explosives used in mining, and mine haulage.1997, c. 390, § 45.1-161.292:12; 2021, Sp. Sess. I, c. 387.
VA Code § 45.2-1111 (2021)
2021 Code of Virginia|Title 45.2 - Mines, Minerals, and Energy|Chapter 11 - Mineral Mine Safety Act|§ 45.2-1111. (Effective October 1, 2021) Duties of Director

A. The Director shall (i) supervise the execution and enforcement of all laws pertaining to the safety and health of persons employed within or at mineral mines within the Commonwealth and the protection of property used in connection therewith and (ii) perform all other duties required pursuant to the Act.B. The Director shall keep a record of all inspections of mineral mines made by him or his authorized representatives. The Director shall also keep a permanent record of such inspections, properly indexed, and such record shall at all times be open to inspection by any citizen of the Commonwealth.1997, c. 390, § 45.1-161.292:13; 2021, Sp. Sess. I, c. 387.
VA Code § 45.2-1112 (2021)
2021 Code of Virginia|Title 45.2 - Mines, Minerals, and Energy|Chapter 11 - Mineral Mine Safety Act|§ 45.2-1112. (Effective October 1, 2021) Technical specialists

The Director may appoint technical specialists in the areas of roof control, electricity, ventilation, and other mine specialties. Each technical specialist shall have all the qualifications of a mine inspector plus any specialized knowledge required in his field. A technical specialist shall advise the Director and mine operators in the areas of his specialty and shall have the power of an inspector to issue a closure order only in a case of imminent danger.1997, c. 390, § 45.1-161.292:14; 2021, Sp. Sess. I, c. 387.
VA Code § 45.2-1113 (2021)
2021 Code of Virginia|Title 45.2 - Mines, Minerals, and Energy|Chapter 11 - Mineral Mine Safety Act|§ 45.2-1113. (Effective October 1, 2021) Records of Board of Mineral Mining Examiners

The Director of the Division shall preserve in his office a record of the meetings and transactions of the Board of Mineral Mining Examiners and of all certificates issued by the Board.1997, c. 390, § 45.1-161.292:17; 2021, Sp. Sess. I, c. 387.
VA Code § 45.2-1114 (2021)
2021 Code of Virginia|Title 45.2 - Mines, Minerals, and Energy|Chapter 11 - Mineral Mine Safety Act|§ 45.2-1114. (Effective October 1, 2021) Certification of certain persons employed in mineral mines; powers of the Department

A. The Department may require certification of each person who works in a mineral mine or whose duties and responsibilities in relation to mineral mining require competency, skill, or knowledge in order to perform the tasks required of him in a manner consistent with the preservation of the health and safety of persons and property. Each of the following certificates shall be issued by the Department, and a person who holds such a certificate is authorized to perform the tasks that the Act requires to be performed by such certified person:1. Surface foreman;2. Surface foreman open pit;3. Underground foreman;4. Surface blaster;5. Electrical repairman;6. Underground mining blaster;7. General mineral miner; and8. Mine inspector.B. Certification shall also be required for any additional tasks that the Department requires by regulation.C. The Department may adopt regulations necessary or incidental to the performance of duties or the execution of powers conferred under this title. Such regulations shall be adopted in accordance with the provisions of Article 2 (§ 2.2-4006 et seq.) of the Administrative Process Act.1997, c. 390, § 45.1-161.292:19; 2012, cc. 803, 835; 2021, Sp. Sess. I, c. 387.