reglab/housing_qa huggingface dataset:
VA Code § 45.2-939 (2021)
2021 Code of Virginia|Title 45.2 - Mines, Minerals, and Energy|Chapter 9 - Requirements Applicable to Surface Coal Mines|§ 45.2-939. (Effective October 1, 2021) Surface coal mining; distance from wells; requirements

A. Any mine operator who plans to remove coal or extend any workings in any mine to a distance of less than 500 feet from any gas or oil well that is already drilled or is in the process of being drilled shall file with the Chief a notice that such mining is taking place or will take place, together with copies of parts of the maps and plans required under § 45.2-542 that show the mine workings and projected mine workings beneath the tract in question and within 500 feet of the well. Such mine 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. The mine operator shall certify in each notice that he has complied with the provisions of this subsection.B. Subsequent to the filing of the notice required by subsection A, the mine operator may proceed with surface coal mining operations in accordance with the maps and plans. However, without the prior approval of the Chief, such mine operator shall not remove any coal or extend any workings in any mine to a distance of less than 200 feet from any gas or oil well that is already drilled or is in the process of being drilled.C. The Chief shall adopt regulations that prescribe the procedure to be followed by a mine operator in petitioning the Chief for approval to conduct surface coal mining operations to a distance of less than 200 feet from a well. A petition may include a request to mine through a plugged well or a plugged vertical ventilation hole. Such petition may also include a request to mine through a well or a vertical ventilation hole and to lower the head of such well or vertical ventilation hole. Each mine operator who files a petition to remove coal or extend any workings to a distance of less than 200 feet from any gas or oil well 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 well operator and the Gas and Oil Inspector shall have standing to object to any petition filed under this section. 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, § 45.1-161.292; 2021, Sp. Sess. I, c. 387.
VA Code § 45.2-1001 (2021)
2021 Code of Virginia|Title 45.2 - Mines, Minerals, and Energy|Chapter 10 - Virginia Coal Surface Mining Control and Reclamation Act of 1979|§ 45.2-1001. (Effective October 1, 2021) Limitations of chapter

Nothing in this chapter is intended or shall be construed to limit, impair, abridge, create, enlarge, or otherwise affect, substantially or procedurally, the rights of any person in any dispute involving property rights, including interests in water resources, or the right of any person to seek damages or other relief on account of injury to persons or property, including interests in water resources, and to maintain any action or other appropriate proceeding therefor, except as is otherwise specifically provided in this chapter. Nothing in this chapter is intended or shall be construed to affect the powers of the Commonwealth to initiate, prosecute, or maintain actions to abate public nuisances.1979, c. 290, § 45.1-228; 1984, c. 590; 2021, Sp. Sess. I, c. 387.
VA Code § 45.2-1002 (2021)
2021 Code of Virginia|Title 45.2 - Mines, Minerals, and Energy|Chapter 10 - Virginia Coal Surface Mining Control and Reclamation Act of 1979|§ 45.2-1002. (Effective October 1, 2021) Application of chapter

A. The provisions of this chapter shall not apply to the extraction of coal:1. By a landowner for his own noncommercial use from land owned or leased by him; or2. As an incidental part of federal, state, or local government-financed highway or other construction under regulations established by the Director.B. Any agency, unit, or instrumentality of the Commonwealth, or of federal or local government, including any publicly owned utility or publicly owned corporation of federal, state, or local government, that proposes to engage in coal surface mining operations that are subject to the requirements of this chapter shall comply with the provisions of this chapter.1979, c. 290, §§ 45.1-259, 45.1-253; 1984, c. 590; 1988, c. 295; 2021, Sp. Sess. I, c. 387.
VA Code § 45.2-1004 (2021)
2021 Code of Virginia|Title 45.2 - Mines, Minerals, and Energy|Chapter 10 - Virginia Coal Surface Mining Control and Reclamation Act of 1979|§ 45.2-1004. (Effective October 1, 2021) Training and certification of blasters

A. In order to ensure that explosives are used only in accordance with applicable state and federal laws, the Director may adopt regulations requiring the training, examination, and certification of persons engaging in or directly responsible for blasting or the use, storage, and handling of explosives in coal surface mining operations.B. The Division shall assume primary responsibility for conducting the examinations and issuing the certificates for such persons in accordance with the regulations adopted pursuant to this section.1979, c. 290, § 45.1-256; 1984, cc. 230, 590; 1996, c. 758; 2021, Sp. Sess. I, c. 387.
VA Code § 45.2-1005 (2021)
2021 Code of Virginia|Title 45.2 - Mines, Minerals, and Energy|Chapter 10 - Virginia Coal Surface Mining Control and Reclamation Act of 1979|§ 45.2-1005. (Effective October 1, 2021) Conflicts of interest prohibited

A. For the purposes of this section, "financial interest" includes a pecuniary interest accruing to an employee or to the employee's spouse, minor child, or other relative living in the same household.B. No employee of the Department performing any function or duty under this chapter shall have a financial interest in any underground or surface coal mining operation.C. The Director shall adopt regulations for the monitoring and enforcement of the provisions of this section, including regulations (i) for the filing and review of statements and supplements by employees concerning any financial interest that might be affected by this section; (ii) for the hiring, transfer, and removal of employees consistent with the prohibition of this section; (iii) for the resolution of prohibited interests; (iv) for the confidentiality, protection, and disclosure to enforcement authorities of reporting statements; and (v) for such exemptions from the provisions of this section as are consistent with federal law.D. Judicial proceedings to enforce the provisions of this section may be brought by the Attorney General at the request of the Director.E. Nothing in this section shall be construed as repealing or amending any other provision of law pertaining to conflicts of interest except that in cases of conflict, the provisions of this section shall control.1979, c. 290, § 45.1-231; 1984, c. 590; 2021, Sp. Sess. I, c. 387.
VA Code § 45.2-1006 (2021)
2021 Code of Virginia|Title 45.2 - Mines, Minerals, and Energy|Chapter 10 - Virginia Coal Surface Mining Control and Reclamation Act of 1979|§ 45.2-1006. (Effective October 1, 2021) Resisting, etc., Director or agent of the Director; penalty

It is a misdemeanor, punishable by a fine of not more than $5,000, confinement in jail for not more than one year, or both, for any person, except as permitted by law, to willfully resist, prevent, impede, or interfere with the Director or any agent of the Director in the performance of duties pursuant to this chapter.1979, c. 290, § 45.1-257; 2021, Sp. Sess. I, c. 387.
VA Code § 45.2-1007 (2021)
2021 Code of Virginia|Title 45.2 - Mines, Minerals, and Energy|Chapter 10 - Virginia Coal Surface Mining Control and Reclamation Act of 1979|§ 45.2-1007. (Effective October 1, 2021) Coal Surface Mining Regulatory Fund

There is hereby created in the state treasury a special nonreverting fund to be known as the Coal Surface Mining Regulatory Fund, referred to in this section as "the Fund." The Fund shall be established on the books of the Comptroller. All fees collected pursuant to § 45.2-1010 or another provision of this chapter shall be paid into the state treasury and credited to the Fund. Interest earned on moneys in the Fund shall remain in the Fund and be credited to it. Any moneys remaining in the Fund, including interest thereon, at the end of each fiscal year shall not revert to the general fund but shall remain in the Fund. Moneys in the Fund shall be used solely for administering coal surface mining state regulations. Expenditures and disbursements from the Fund shall be made by the State Treasurer on warrants issued by the Comptroller upon written request signed by the Director.2021, Sp. Sess. I, c. 387.
VA Code § 45.2-1008 (2021)
2021 Code of Virginia|Title 45.2 - Mines, Minerals, and Energy|Chapter 10 - Virginia Coal Surface Mining Control and Reclamation Act of 1979|§ 45.2-1008. (Effective October 1, 2021) Coal exploration operations

A. Any coal exploration operation that substantially disturbs the natural land surface shall be conducted in accordance with exploration regulations adopted by the Director. Such regulations shall, at a minimum, (i) require that any person, prior to conducting any exploration under this section, file with the Director notice of intention to explore that includes a description of the exploration area and the proposed period of exploration and (ii) include provisions for the reclamation, in accordance with the performance standards established pursuant to § 45.2-1017, of all lands disturbed in exploration, including all excavations, roads, and drill holes, and for the removal of necessary facilities and equipment.B. Information submitted to the Director pursuant to this section as confidential concerning trade secrets or privileged commercial or financial information that relates to the competitive rights of the person or entity intended to explore the described area shall be exempt from disclosure under the Virginia Freedom of Information Act (§ 2.2-3700 et seq.) and shall not be disclosed.C. Any person who conducts any coal exploration activity that substantially disturbs the natural land surface in violation of this section or any regulation issued pursuant thereto is subject to the provisions of § 45.2-1021.D. No person shall remove more than 250 tons of coal while engaged in a coal exploration operation without a specific written coal exploration permit issued by the Director.1979, c. 290, § 45.1-233; 2021, Sp. Sess. I, c. 387.
VA Code § 45.2-1009 (2021)
2021 Code of Virginia|Title 45.2 - Mines, Minerals, and Energy|Chapter 10 - Virginia Coal Surface Mining Control and Reclamation Act of 1979|§ 45.2-1009. (Effective October 1, 2021) Permit required for coal surface mining operation; term; transfer, etc.

A. No person shall engage in or carry out any coal surface mining operation without having first obtained a permit to engage in such operation issued by the Director in accordance with state regulations.B. Each coal surface mining permit issued pursuant to the requirements of this chapter shall be for a term of five years. The rights granted under such permit shall not be transferred, assigned, or sold without the written approval of the Director in accordance with regulations adopted by the Director. The Director shall also adopt regulations meeting the requirements of § 506 of the federal act for longer permit terms, successors in interest to the permittee, termination of the permit for failure to commence operation, right of and procedure for permit renewal, and extension of boundaries of a mining operation.1979, c. 290, § 45.1-234; 1980, c. 364; 1983, c. 134; 1984, c. 590; 2013, cc. 47, 129; 2021, Sp. Sess. I, c. 387.
VA Code § 45.2-1011 (2021)
2021 Code of Virginia|Title 45.2 - Mines, Minerals, and Energy|Chapter 10 - Virginia Coal Surface Mining Control and Reclamation Act of 1979|§ 45.2-1011. (Effective October 1, 2021) Operation and reclamation plans

Each application for a coal surface mining permit pursuant to state regulations shall include an operation plan and a reclamation plan, in such form and containing such information as the Director requires, including the information required under § 508(a) of the federal act, and meeting the requirements of this chapter and regulations adopted by the Director. An operation plan shall not include underground workings. An operation plan and a reclamation plan, as approved by the Director, shall be integral parts of the terms and conditions of a coal surface mining permit.1979, c. 290, § 45.1-236; 1984, c. 590; 2021, Sp. Sess. I, c. 387.
VA Code § 45.2-1012 (2021)
2021 Code of Virginia|Title 45.2 - Mines, Minerals, and Energy|Chapter 10 - Virginia Coal Surface Mining Control and Reclamation Act of 1979|§ 45.2-1012. (Effective October 1, 2021) Revision of permits

A. The process for revision of a permit is as follows:1. During the term of a permit, the permittee may submit an application for a revision of such permit, together with a revised operation plan and reclamation plan, to the Director.2. An application for a revision of a permit shall not be approved unless the Director finds that reclamation as required by the federal act and state regulations can be accomplished under the revised reclamation plan. The Director shall establish by regulation the period of time within which the revision shall be approved or disapproved, as well as parameters for a determination of the scale or extent of a revision request for which all permit application information requirements and procedures, including notice and hearings, shall apply; however, any revisions that propose significant alterations in the operation plan or reclamation plan shall, at a minimum, be subject to notice and hearing requirements.3. Any extension to the area covered by the permit, except an insignificant boundary revision, shall be made by application for another permit.B. The Director shall, within a time limit prescribed in regulations adopted by him, review each outstanding permit and may require reasonable revision or modification of the permit provisions during the term of any permit; however, such revision or modification shall be based upon a written finding and subject to notice and hearing requirements.1979, c. 290, § 45.1-236; 1984, c. 590; 2021, Sp. Sess. I, c. 387.
VA Code § 45.2-1014 (2021)
2021 Code of Virginia|Title 45.2 - Mines, Minerals, and Energy|Chapter 10 - Virginia Coal Surface Mining Control and Reclamation Act of 1979|§ 45.2-1014. (Effective October 1, 2021) Public participation in process of issuing or revising permits

A. The Director shall establish by regulation procedures for the notification of and participation by the public and appropriate federal, state, and local governmental authorities in the process for issuing or revising coal surface mining permits, in accordance with § 513 of the federal act.B. Any person having an interest that is or might be adversely affected, or the officer or head of any federal, state, or local governmental agency or authority, has the right to file written objections to the proposed initial or revised application for a permit for a coal surface mining operation with the Director within 30 days after the last publication of the applicant's notice required by the regulation adopted pursuant to subsection A. If no written objection is filed and an informal hearing is requested, the Director shall then hold an informal hearing in the manner and location prescribed by regulation, unless every party requesting the informal hearing stipulates agreement prior to the requested informal hearing and withdraws such request therefor.1979, c. 290, § 45.1-239; 1984, c. 590; 2021, Sp. Sess. I, c. 387.
VA Code § 45.2-1015 (2021)
2021 Code of Virginia|Title 45.2 - Mines, Minerals, and Energy|Chapter 10 - Virginia Coal Surface Mining Control and Reclamation Act of 1979|§ 45.2-1015. (Effective October 1, 2021) Decision of Director upon permit application; hearing; appeal

A. The Director shall notify each applicant for a permit within a reasonable time, as set forth in regulations, taking into account the time needed for proper investigation of the site, the complexity of the permit application, and written objections that have been filed, of his written decision to approve or disapprove the application, in whole or in part, except that if an informal hearing has been held pursuant to § 45.2-1014, the Director shall issue to the applicant and the parties to the hearing his written decision within 60 days of such hearing.B. If such application is approved, a permit shall be issued. If such application is disapproved, specific reasons shall be given in the notification. Within 30 days after the applicant is notified of the final decision of the Director on such permit application, the applicant, or any person with an interest that is or might be adversely affected, may request a hearing on the reasons for the final determination. The Director shall hold a formal adjudicatory hearing in accordance with the Administrative Process Act (§ 2.2-4000 et seq.) and within 30 days thereafter shall issue to the applicant and every person who participated in the hearing the written decision of the Director granting or denying the permit in whole or in part and stating the reasons therefor. No person who presided at an informal hearing under § 45.2-1014 shall preside at the formal adjudicatory hearing or participate in the decision therein or any administrative appeal therefrom.C. Where a hearing is requested pursuant to subsection B, the Director, under such conditions as he prescribes, may grant temporary relief pending final determination of the proceedings if:1. All parties to the proceeding have been notified and given an opportunity to be heard on any request for temporary relief;2. The person requesting such relief shows that there is a substantial likelihood that he will prevail on the merits of the final determination of the proceeding; and3. Such relief will not adversely affect the public health or safety or cause significant imminent environmental harm to land, air, or water resources.D. Any applicant or person who has an interest that is or might be adversely affected and has participated in the formal hearing as an objector who is aggrieved by the decision of the Director or by the failure of the Director to act within the time limits specified in this chapter has a right to judicial review in accordance with the provisions of the Administrative Process Act (§ 2.2-4000 et seq.).1979, c. 290, § 45.1-240; 1983, c. 92; 1986, c. 615; 2021, Sp. Sess. I, c. 387.
VA Code § 45.2-1017 (2021)
2021 Code of Virginia|Title 45.2 - Mines, Minerals, and Energy|Chapter 10 - Virginia Coal Surface Mining Control and Reclamation Act of 1979|§ 45.2-1017. (Effective October 1, 2021) Performance standards

A. The Director shall by regulation establish performance standards that meet the requirement of § 515 of the federal act, are consistent with regulations adopted thereunder by the Secretary, and are applicable to all coal surface mining and reclamation operations except as otherwise provided in this chapter.B. Any permit issued pursuant to this chapter to conduct a coal surface mining operation shall require that such operation meets all applicable performance standards established by the Director.C. The Director shall include in such regulations special procedures and standards, consistent with regulations adopted by the Secretary, for the issuance of permits for mountaintop removal operations, without regard to requirements to restore to approximate original contour, and for variances from such requirements for steep-slope operations.D. The Director may adopt, with the approval of the Secretary, alternative performance standards and procedures for administering and enforcing the program created pursuant to this chapter.E. The Director, with the approval of the Secretary, may authorize departures on an experimental basis from the environmental protection performance standards adopted under this section and § 45.2-1018.1979, c. 290, § 45.1-242; 1984, c. 590; 2021, Sp. Sess. I, c. 387.
VA Code § 45.2-1018 (2021)
2021 Code of Virginia|Title 45.2 - Mines, Minerals, and Energy|Chapter 10 - Virginia Coal Surface Mining Control and Reclamation Act of 1979|§ 45.2-1018. (Effective October 1, 2021) Surface effects of underground coal mining operations

A. The Director shall adopt regulations directed toward the surface effects of underground coal mining operations and embodying the requirements of §§ 516 and 720(a)(1) of the federal act. The provisions of this chapter relating to permits, bonds, inspections and enforcement, public review, and administrative and judicial review shall be applicable to any surface operation or surface impact incident to an underground coal mine with such modifications to the permit application requirements, permit approval or denial procedures, and bond requirements as are necessary to accommodate the differences between surface and underground coal mining. Nothing in § 720(a)(1) of the federal act shall be construed to prohibit or interrupt any underground coal mining operation.B. The regulations adopted by the Director shall require that each permit applicant submit hydrologic reclamation plans that include measures to prevent the sudden release of accumulated water from underground workings.C. The Director shall suspend underground coal mining under any elementary or secondary school, institution of higher education, urbanized area, city, town, or community, and adjacent to any industrial or commercial building, major impoundment, or permanent stream, if he finds imminent danger to people from such underground coal mining.1979, c. 290, § 45.1-243; 1984, c. 590; 1993, c. 582; 1996, cc. 409, 410; 2021, Sp. Sess. I, c. 387.