reglab/statecodes huggingface dataset:
2023 Code of Virginia › Title 45.2 - Mines, Minerals, and Energy › Chapter 9 - Requirements Applicable to Surface Coal Mines › § 45.2-928. Grounding

A. Every metallic sheath, armor, or conduit enclosing a power conductor shall be electrically continuous throughout and shall be grounded effectively.
B. Every metallic frame, casing, or other enclosure of stationary electric equipment that can become electrified through failure of insulation or by contact with energized parts shall be grounded effectively, or equivalent protection shall be provided.
C. When electric equipment is operated from a three-phase alternating current circuit originating in a transformer that is connected to provide a neutral point, a continuous grounding conductor of adequate size shall be installed and connected to the neutral point and to the frame of the power-utilizing equipment. Such grounding conductor shall be grounded at the neutral point and at intervals along the conductor, if feasible. A suitable circuit breaker or switching device shall be provided having a ground-trip coil connected in series with the grounding conductor to provide effective ground-fault tripping.
1966, c. 594, § 45.1-79; 1994, c. 28, § 45.1-161.281; 2021, Sp. Sess. I, c. 387.
2023 Code of Virginia › Title 45.2 - Mines, Minerals, and Energy › Chapter 9 - Requirements Applicable to Surface Coal Mines › § 45.2-929. Circuit breakers and switches

A. An automatic circuit breaking device or fuse of the correct type and capacity shall be installed so as to protect each piece of electric equipment and power circuit against excessive overload. Wire or another conducting material shall not be used as a substitute for a properly designed fuse, and every circuit breaking device shall be maintained in safe operating condition.
B. Operating controls, such as switches, starters, or switch buttons, shall be so installed that they are readily accessible and can be operated without danger of contact with moving or live parts.
C. Electric equipment and circuits shall be provided with switches or other controls of safe design, construction, and installation.
D. An insulating mat or other electrically nonconductive material shall be kept in place at each power-control switch and at stationary machinery where a shock hazard exists.
E. Suitable warning signs shall be posted conspicuously at every high-voltage installation.
F. Every power wire or cable shall have adequate current-carrying capacity, be guarded from mechanical injury, and be installed in a permanent manner.
G. Every power circuit shall be labeled to indicate the unit or circuit that it controls.
H. All persons shall stay clear of any electrically powered shovel or other similar heavy equipment during an electrical storm.
I. Every device that is installed on or after July 1, 2005, that provides either short circuit protection or protection against overload shall conform to the minimum requirements for protection of electric circuits and equipment of the National Electrical Code in effect at the time of its installation.
J. Every electric conductor installed on or after July 1, 2005, shall be sufficient in size to meet the minimum current-carrying capacity provided for in the National Electrical Code in effect at the time of its installation.
K. Every trailing cable purchased on or after July 1, 2005, shall meet the minimum requirements for ampacity provided in the standards of the Insulated Cable Engineers Association/National Electrical Manufacturers Association in effect at the time such cable is purchased.
Code 1950, §§ 45-82, 45-82.1, 45-82.3, 45-82.4; 1954, c. 191; 1966, c. 594, §§ 45.1-78, 45.1-80, 45.1-81; 1978, c. 118; 1979, c. 315; 1993, c. 442; 1994, c. 28, § 45.1-161.282; 1999, c. 256; 2005, c. 3; 2021, Sp. Sess. I, c. 387.
2023 Code of Virginia › Title 45.2 - Mines, Minerals, and Energy › Chapter 9 - Requirements Applicable to Surface Coal Mines › § 45.2-930. Electrical trailing cables

A. Every trailing cable shall be provided with suitable short-circuit protection and a means of disconnecting power from the cable.
B Any temporary splice in a trailing cable shall be made in a workmanlike manner and shall be mechanically strong and well-insulated.
C. The number of temporary, unvulcanized splices in a trailing cable shall be limited to one.
D. Every permanent splice in a trailing cable shall be made mechanically strong, with adequate electrical conductivity and flexibility, and shall be effectively insulated and sealed so as to exclude moisture. The finished splice shall be vulcanized or otherwise treated with suitable materials to provide flame-resistant properties and good bonding to the outer jacket.
E. Every trailing cable shall be protected against mechanical injury.
Code 1950, § 45-82.5; 1954, c. 191; 1966, c. 594, § 45.1-84; 1978, c. 118; 1993, c. 442; 1994, c. 28, § 45.1-161.283; 2021, Sp. Sess. I, c. 387.
2023 Code of Virginia › Title 45.2 - Mines, Minerals, and Energy › Chapter 9 - Requirements Applicable to Surface Coal Mines › § 45.2-932. Misfires

A. Every misfire shall be reported promptly to the mine foreman, and no other work shall be performed in the blasting area until the hazard has been corrected. A waiting period of at least 15 minutes is required before anyone is allowed to any misfired hole. If explosives are suspected of burning in a hole, every person affected shall move to a safe location for one hour or until the danger has passed, whichever time is longer. When such failure involves an electronic detonator, the blasting cable shall be disconnected from the source of power and the battery ends short-circuited before any electrical connection is examined.
B. Explosives shall be removed by (i) firing a separate charge at least two feet away from, and parallel to, the misfired charge; (ii) washing the stemming and the charge from the borehole with water; or (iii) inserting and firing a new primer after the stemming has been washed out.
C. A careful search of the blasting area and, if necessary, of the coal after it reaches the tipple shall be made after blasting a misfired hole to recover any undetonated explosive.
D. The handling of a misfired shot shall occur under the direct supervision of the foreman or an authorized person designated by him.
Code 1950, § 45-53.7; 1954, c. 191; 1966, c. 594, § 45.1-50; 1994, c. 28, § 45.1-161.285; 1999, c. 256; 2021, Sp. Sess. I, c. 387.
2023 Code of Virginia › Title 45.2 - Mines, Minerals, and Energy › Chapter 9 - Requirements Applicable to Surface Coal Mines › § 45.2-933. Minimum blasting practices

A. If explosives are in use on the surface and an electrical storm approaches, all persons shall be removed from the blast area until the storm has passed.
B. In accordance with the standards set forth in § 45.2-902, the Chief shall adopt regulations regarding the safe storage, transportation, handling, and use of blasting agents and other explosives.
Code 1950, §§ 45-53.1, 45-53.5; 1954, c. 191; 1966, c. 594, §§ 45.1-48, 45.1-53.1; 1978, c. 729; 1981, c. 179; 1984, c. 229; 1993, c. 442; 1994, c. 28, § 45.1-161.286; 1996, c. 774; 2021, Sp. Sess. I, c. 387.
2023 Code of Virginia › Title 45.2 - Mines, Minerals, and Energy › Chapter 9 - Requirements Applicable to Surface Coal Mines › § 45.2-934. Ground control

A. Every surface coal mining operation shall establish and follow a ground control plan approved by the Chief to ensure the safety of workers and others affected by the operation. The ground control plan shall be consistent with prudent engineering design. Mining methods, including benching, shall ensure wall and bank stability in order to obtain a safe overall slope. The ground control plan shall also ensure the safety of every person who is (i) located in a residence or other occupied building; (ii) working or traveling on any roadway; or (iii) located in any other area where persons congregate, work, or travel that could be affected by blasting or by the falling, sliding, or other uncontrolled movement of material. The ground control plan shall identify how residents or occupants of other buildings located down the slope from active workings will be notified when ground-disturbing activities will take place above them and what actions will be taken to protect such residents or occupants from ground control failures during the work.
B. Scaling and removal of loose hazardous material from the top of a pit or from a highwall, wall, bank, or bench shall be completed to ensure a safe work area.
C. Employees and other persons, except those involved in correction of the condition, shall be restricted from any area where hazardous highwall or pit conditions exist.
D. Unless he is required for the purpose of making repairs, no person shall be allowed in any area that is located between equipment and a highwall, wall, bank, or bench if the equipment could hinder escape from falling or sliding material. Special precautions shall be taken when any person is required to perform such repairs.
1994, c. 28, § 45.1-161.287; 2005, c. 3; 2021, Sp. Sess. I, c. 387.
2023 Code of Virginia › Title 45.2 - Mines, Minerals, and Energy › Chapter 9 - Requirements Applicable to Surface Coal Mines › § 45.2-935. Inspection of electric equipment and wiring; checking and testing methane monitors

Electric equipment and wiring that extends to an underground area shall be inspected by a certified person at least once a week and more often if necessary to ensure safe operating conditions. Any hazardous condition found shall be corrected or the equipment or wiring shall be removed from service. Such surface inspection is also required for any trailing cable or circuit breaker used in conjunction with such equipment and wiring.
1966, c. 594, § 45.1-85; 1978, c. 118; 1993, c. 442; 1994, c. 28, § 45.1-161.288; 2005, c. 3; 2011, cc. 826, 862; 2021, Sp. Sess. I, c. 387.
2023 Code of Virginia › Title 45.2 - Mines, Minerals, and Energy › Chapter 9 - Requirements Applicable to Surface Coal Mines › § 45.2-936. Highwall inspections

A. A mine foreman shall inspect the face of each highwall for a distance of 25 feet in both directions from an auger or highwall miner operation (i) before any such operation begins and at least once during each coal producing shift and (ii) frequently during any period of heavy rainfall or intermittent freezing and thawing.
B. Hazardous conditions shall be corrected and loose material removed from above the mining area before any work is begun.
C. Records shall be kept of the inspection and examination performed pursuant to subsection A. Such records shall be maintained for at least one year.
1994, c. 28, § 45.1-161.289; 2011, cc. 826, 862; 2021, Sp. Sess. I, c. 387.
2023 Code of Virginia › Title 45.2 - Mines, Minerals, and Energy › Chapter 9 - Requirements Applicable to Surface Coal Mines › § 45.2-937. Penetration of underground mines; testing

A. A qualified person shall test for the presence of methane and for a deficiency of oxygen, using an approved device, at the entrance to an auger hole or at a highwall miner entry when either such entry point penetrates a worked-out area of an underground mine.
B. If one percent or more of methane is detected or 19.5 percent or less of oxygen is found to exist, no further work shall be performed until the atmosphere has been made safe.
1994, c. 28, § 45.1-161.290; 1999, c. 256; 2011, cc. 826, 862; 2021, Sp. Sess. I, c. 387.
2023 Code of Virginia › Title 45.2 - Mines, Minerals, and Energy › Chapter 9 - Requirements Applicable to Surface Coal Mines › § 45.2-938. Safety precautions

A. No person shall enter an auger hole or highwall miner entry without prior approval from the Chief.
B. Every auger hole or highwall miner entry shall be blocked with highwall spoil or other suitable material before it is abandoned.
C. Every auger or highwall mining machine that is exposed to any highwall or explosion hazard shall be provided with worker protection from falling material and a mine explosion.
D. At least one person shall be assigned to observe the highwall for possible movement while ground personnel are working in a high-risk area in close proximity to the highwall.
E. All persons shall stay clear of any moving auger or highwall miner train, and no person shall pass over or under a moving train unless adequate crossing facilities are provided.
F. The ground control plan shall specify any spacing of holes, web design, and use of alignment control devices.
G. The ground control plan shall include other administrative, engineering, and source controls that are to be provided for safe operations.
1994, c. 28, § 45.1-161.291; 2011, cc. 826, 862; 2021, Sp. Sess. I, c. 387.
2023 Code of Virginia › Title 45.2 - Mines, Minerals, and Energy › Chapter 9 - Requirements Applicable to Surface Coal Mines › § 45.2-939. 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.
2023 Code of Virginia › Title 45.2 - Mines, Minerals, and Energy › Chapter 10 - Virginia Coal Surface Mining Control and Reclamation Act of 1979 › § 45.2-1001. Limitations of chapter

Nothing in this chapter is intended or shall be construed to limit, impair, abridge, create, enlarge, or otherwise affect, substantially or procedurally, the rights of any person in any dispute involving property rights, including interests in water resources, or the right of any person to seek damages or other relief on account of injury to persons or property, including interests in water resources, and to maintain any action or other appropriate proceeding therefor, except as is otherwise specifically provided in this chapter. Nothing in this chapter is intended or shall be construed to affect the powers of the Commonwealth to initiate, prosecute, or maintain actions to abate public nuisances.
1979, c. 290, § 45.1-228; 1984, c. 590; 2021, Sp. Sess. I, c. 387.
2023 Code of Virginia › Title 45.2 - Mines, Minerals, and Energy › Chapter 10 - Virginia Coal Surface Mining Control and Reclamation Act of 1979 › § 45.2-1002. Application of chapter

A. The provisions of this chapter shall not apply to the extraction of coal:
1. By a landowner for his own noncommercial use from land owned or leased by him; or
2. As an incidental part of federal, state, or local government-financed highway or other construction under regulations established by the Director.
B. Any agency, unit, or instrumentality of the Commonwealth, or of federal or local government, including any publicly owned utility or publicly owned corporation of federal, state, or local government, that proposes to engage in coal surface mining operations that are subject to the requirements of this chapter shall comply with the provisions of this chapter.
1979, c. 290, §§ 45.1-259, 45.1-253; 1984, c. 590; 1988, c. 295; 2021, Sp. Sess. I, c. 387.
2023 Code of Virginia › Title 45.2 - Mines, Minerals, and Energy › Chapter 10 - Virginia Coal Surface Mining Control and Reclamation Act of 1979 › § 45.2-1003. Authority and duties of Director

A. The authority to adopt regulations necessary to carry out the purposes and provisions of this chapter is vested in the Director. Such regulations shall be consistent with regulations adopted by the Secretary pursuant to the federal act or in conformity with any court ruling construing such act. The Director may adopt by regulation definitions other than those provided in § 45.2-1000 as necessary to carry out the intent of this chapter. Unless otherwise directed by law, in adopting regulations, the Director shall comply with the Administrative Process Act (§ 2.2-4000 et seq.) and the Virginia Register Act (§ 2.2-4100 et seq.).
B. In addition to the adoption of regulations under this chapter, the Director may issue or distribute to the public interpretative, advisory, or procedural bulletins pertaining to permit applications or to matters reasonably related thereto without following any of the procedures set forth in the Administrative Process Act (§ 2.2-4000 et seq.). Such materials shall be clearly designated as to their nature, shall be provided solely for purposes of public information and education, and shall not have the force of regulations.
C. The authority to administer and enforce the provisions of this chapter is vested in the Director. In administering and enforcing the provisions of this chapter, the Director shall exercise the following powers in addition to any other powers conferred upon him by law:
1. To supervise the administration and enforcement of this chapter; to make investigations and inspections necessary to ensure compliance with this chapter; to conduct hearings, administer oaths, issue subpoenas, and compel the attendance of witnesses and production of written or printed material as provided for in this chapter; to issue orders and notices of violation; to review and vacate or modify or approve orders and decisions; and to order the suspension, revocation, or withholding of any permit for failure to comply with any provision of this chapter or any regulation adopted hereunder;
2. To administer the program for the purchase and reclamation of abandoned and unreclaimed mine areas pursuant to Article 4 (§ 45.2-1031 et seq.);
3. To encourage and conduct investigations, research, experiments, and demonstrations and to collect and disseminate information relating to coal surface mining and reclamation of lands and waters affected by coal surface mining;
4. To receive any federal, state, or other funds and to enter into any contracts for which funds are available to carry out the purposes of this chapter; and
5. To enter into cooperative agreements with the Secretary to regulate coal surface mining on federal lands.
D. The Division of Mined Land Repurposing shall have the responsibilities provided under this chapter and such duties and responsibilities as the Director may assign or as may be provided for in regulations adopted by the Director.
1979, c. 290, § 45.1-230; 1982, c. 425; 1984, c. 590; 2021, Sp. Sess. I, cc. 387, 532.
2023 Code of Virginia › Title 45.2 - Mines, Minerals, and Energy › Chapter 10 - Virginia Coal Surface Mining Control and Reclamation Act of 1979 › § 45.2-1004. Training and certification of blasters

A. In order to ensure that explosives are used only in accordance with applicable state and federal laws, the Director may adopt regulations requiring the training, examination, and certification of persons engaging in or directly responsible for blasting or the use, storage, and handling of explosives in coal surface mining operations.
B. The Division shall assume primary responsibility for conducting the examinations and issuing the certificates for such persons in accordance with the regulations adopted pursuant to this section.
1979, c. 290, § 45.1-256; 1984, cc. 230, 590; 1996, c. 758; 2021, Sp. Sess. I, c. 387.
2023 Code of Virginia › Title 45.2 - Mines, Minerals, and Energy › Chapter 10 - Virginia Coal Surface Mining Control and Reclamation Act of 1979 › § 45.2-1005. Conflicts of interest prohibited

A. For the purposes of this section, "financial interest" includes a pecuniary interest accruing to an employee or to the employee's spouse, minor child, or other relative living in the same household.
B. No employee of the Department performing any function or duty under this chapter shall have a financial interest in any underground or surface coal mining operation.
C. The Director shall adopt regulations for the monitoring and enforcement of the provisions of this section, including regulations (i) for the filing and review of statements and supplements by employees concerning any financial interest that might be affected by this section; (ii) for the hiring, transfer, and removal of employees consistent with the prohibition of this section; (iii) for the resolution of prohibited interests; (iv) for the confidentiality, protection, and disclosure to enforcement authorities of reporting statements; and (v) for such exemptions from the provisions of this section as are consistent with federal law.
D. Judicial proceedings to enforce the provisions of this section may be brought by the Attorney General at the request of the Director.
E. Nothing in this section shall be construed as repealing or amending any other provision of law pertaining to conflicts of interest except that in cases of conflict, the provisions of this section shall control.
1979, c. 290, § 45.1-231; 1984, c. 590; 2021, Sp. Sess. I, c. 387.
2023 Code of Virginia › Title 45.2 - Mines, Minerals, and Energy › Chapter 10 - Virginia Coal Surface Mining Control and Reclamation Act of 1979 › § 45.2-1006. Resisting, etc., Director or agent of the Director; penalty

It is a misdemeanor, punishable by a fine of not more than $5,000, confinement in jail for not more than one year, or both, for any person, except as permitted by law, to willfully resist, prevent, impede, or interfere with the Director or any agent of the Director in the performance of duties pursuant to this chapter.
1979, c. 290, § 45.1-257; 2021, Sp. Sess. I, c. 387.
2023 Code of Virginia › Title 45.2 - Mines, Minerals, and Energy › Chapter 10 - Virginia Coal Surface Mining Control and Reclamation Act of 1979 › § 45.2-1007. Coal Surface Mining Regulatory Fund

There is hereby created in the state treasury a special nonreverting fund to be known as the Coal Surface Mining Regulatory Fund, referred to in this section as "the Fund." The Fund shall be established on the books of the Comptroller. All fees collected pursuant to § 45.2-1010 or another provision of this chapter shall be paid into the state treasury and credited to the Fund. Interest earned on moneys in the Fund shall remain in the Fund and be credited to it. Any moneys remaining in the Fund, including interest thereon, at the end of each fiscal year shall not revert to the general fund but shall remain in the Fund. Moneys in the Fund shall be used solely for administering coal surface mining state regulations. Expenditures and disbursements from the Fund shall be made by the State Treasurer on warrants issued by the Comptroller upon written request signed by the Director.
2021, Sp. Sess. I, c. 387.
2023 Code of Virginia › Title 45.2 - Mines, Minerals, and Energy › Chapter 10 - Virginia Coal Surface Mining Control and Reclamation Act of 1979 › § 45.2-1008. Coal exploration operations

A. Any coal exploration operation that substantially disturbs the natural land surface shall be conducted in accordance with exploration regulations adopted by the Director. Such regulations shall, at a minimum, (i) require that any person, prior to conducting any exploration under this section, file with the Director notice of intention to explore that includes a description of the exploration area and the proposed period of exploration and (ii) include provisions for the reclamation, in accordance with the performance standards established pursuant to § 45.2-1017, of all lands disturbed in exploration, including all excavations, roads, and drill holes, and for the removal of necessary facilities and equipment.
B. Information submitted to the Director pursuant to this section as confidential concerning trade secrets or privileged commercial or financial information that relates to the competitive rights of the person or entity intended to explore the described area shall be exempt from disclosure under the Virginia Freedom of Information Act (§ 2.2-3700 et seq.) and shall not be disclosed.
C. Any person who conducts any coal exploration activity that substantially disturbs the natural land surface in violation of this section or any regulation issued pursuant thereto is subject to the provisions of § 45.2-1021.
D. No person shall remove more than 250 tons of coal while engaged in a coal exploration operation without a specific written coal exploration permit issued by the Director.
1979, c. 290, § 45.1-233; 2021, Sp. Sess. I, c. 387.
2023 Code of Virginia › Title 45.2 - Mines, Minerals, and Energy › Chapter 10 - Virginia Coal Surface Mining Control and Reclamation Act of 1979 › § 45.2-1009. Permit required for coal surface mining operation; term; transfer, etc.

A. No person shall engage in or carry out any coal surface mining operation without having first obtained a permit to engage in such operation issued by the Director in accordance with state regulations.
B. Each coal surface mining permit issued pursuant to the requirements of this chapter shall be for a term of five years. The rights granted under such permit shall not be transferred, assigned, or sold without the written approval of the Director in accordance with regulations adopted by the Director. The Director shall also adopt regulations meeting the requirements of § 506 of the federal act for longer permit terms, successors in interest to the permittee, termination of the permit for failure to commence operation, right of and procedure for permit renewal, and extension of boundaries of a mining operation.
1979, c. 290, § 45.1-234; 1980, c. 364; 1983, c. 134; 1984, c. 590; 2013, cc. 47, 129; 2021, Sp. Sess. I, c. 387.
2023 Code of Virginia › Title 45.2 - Mines, Minerals, and Energy › Chapter 10 - Virginia Coal Surface Mining Control and Reclamation Act of 1979 › § 45.2-1011. Operation and reclamation plans

Each application for a coal surface mining permit pursuant to state regulations shall include an operation plan and a reclamation plan, in such form and containing such information as the Director requires, including the information required under § 508(a) of the federal act, and meeting the requirements of this chapter and regulations adopted by the Director. An operation plan shall not include underground workings. An operation plan and a reclamation plan, as approved by the Director, shall be integral parts of the terms and conditions of a coal surface mining permit.
1979, c. 290, § 45.1-236; 1984, c. 590; 2021, Sp. Sess. I, c. 387.
2023 Code of Virginia › Title 45.2 - Mines, Minerals, and Energy › Chapter 10 - Virginia Coal Surface Mining Control and Reclamation Act of 1979 › § 45.2-1012. Revision of permits

A. The process for revision of a permit is as follows:
1. During the term of a permit, the permittee may submit an application for a revision of such permit, together with a revised operation plan and reclamation plan, to the Director.
2. An application for a revision of a permit shall not be approved unless the Director finds that reclamation as required by the federal act and state regulations can be accomplished under the revised reclamation plan. The Director shall establish by regulation the period of time within which the revision shall be approved or disapproved, as well as parameters for a determination of the scale or extent of a revision request for which all permit application information requirements and procedures, including notice and hearings, shall apply; however, any revisions that propose significant alterations in the operation plan or reclamation plan shall, at a minimum, be subject to notice and hearing requirements.
3. Any extension to the area covered by the permit, except an insignificant boundary revision, shall be made by application for another permit.
B. The Director shall, within a time limit prescribed in regulations adopted by him, review each outstanding permit and may require reasonable revision or modification of the permit provisions during the term of any permit; however, such revision or modification shall be based upon a written finding and subject to notice and hearing requirements.
1979, c. 290, § 45.1-236; 1984, c. 590; 2021, Sp. Sess. I, c. 387.
2023 Code of Virginia › Title 45.2 - Mines, Minerals, and Energy › Chapter 10 - Virginia Coal Surface Mining Control and Reclamation Act of 1979 › § 45.2-1014. Public participation in process of issuing or revising permits

A. The Director shall establish by regulation procedures for the notification of and participation by the public and appropriate federal, state, and local governmental authorities in the process for issuing or revising coal surface mining permits, in accordance with § 513 of the federal act.
B. Any person having an interest that is or might be adversely affected, or the officer or head of any federal, state, or local governmental agency or authority, has the right to file written objections to the proposed initial or revised application for a permit for a coal surface mining operation with the Director within 30 days after the last publication of the applicant's notice required by the regulation adopted pursuant to subsection A. If no written objection is filed and an informal hearing is requested, the Director shall then hold an informal hearing in the manner and location prescribed by regulation, unless every party requesting the informal hearing stipulates agreement prior to the requested informal hearing and withdraws such request therefor.
1979, c. 290, § 45.1-239; 1984, c. 590; 2021, Sp. Sess. I, c. 387.
2023 Code of Virginia › Title 45.2 - Mines, Minerals, and Energy › Chapter 10 - Virginia Coal Surface Mining Control and Reclamation Act of 1979 › § 45.2-1015. Decision of Director upon permit application; hearing; appeal

A. The Director shall notify each applicant for a permit within a reasonable time, as set forth in regulations, taking into account the time needed for proper investigation of the site, the complexity of the permit application, and written objections that have been filed, of his written decision to approve or disapprove the application, in whole or in part, except that if an informal hearing has been held pursuant to § 45.2-1014, the Director shall issue to the applicant and the parties to the hearing his written decision within 60 days of such hearing.
B. If such application is approved, a permit shall be issued. If such application is disapproved, specific reasons shall be given in the notification. Within 30 days after the applicant is notified of the final decision of the Director on such permit application, the applicant, or any person with an interest that is or might be adversely affected, may request a hearing on the reasons for the final determination. The Director shall hold a formal adjudicatory hearing in accordance with the Administrative Process Act (§ 2.2-4000 et seq.) and within 30 days thereafter shall issue to the applicant and every person who participated in the hearing the written decision of the Director granting or denying the permit in whole or in part and stating the reasons therefor. No person who presided at an informal hearing under § 45.2-1014 shall preside at the formal adjudicatory hearing or participate in the decision therein or any administrative appeal therefrom.
C. Where a hearing is requested pursuant to subsection B, the Director, under such conditions as he prescribes, may grant temporary relief pending final determination of the proceedings if:
1. All parties to the proceeding have been notified and given an opportunity to be heard on any request for temporary relief;
2. The person requesting such relief shows that there is a substantial likelihood that he will prevail on the merits of the final determination of the proceeding; and
3. Such relief will not adversely affect the public health or safety or cause significant imminent environmental harm to land, air, or water resources.
D. Any applicant or person who has an interest that is or might be adversely affected and has participated in the formal hearing as an objector who is aggrieved by the decision of the Director or by the failure of the Director to act within the time limits specified in this chapter has a right to judicial review in accordance with the provisions of the Administrative Process Act (§ 2.2-4000 et seq.).
1979, c. 290, § 45.1-240; 1983, c. 92; 1986, c. 615; 2021, Sp. Sess. I, c. 387.
2023 Code of Virginia › Title 45.2 - Mines, Minerals, and Energy › Chapter 10 - Virginia Coal Surface Mining Control and Reclamation Act of 1979 › § 45.2-1017. Performance standards

A. The Director shall by regulation establish performance standards that meet the requirement of § 515 of the federal act, are consistent with regulations adopted thereunder by the Secretary, and are applicable to all coal surface mining and reclamation operations except as otherwise provided in this chapter.
B. Any permit issued pursuant to this chapter to conduct a coal surface mining operation shall require that such operation meets all applicable performance standards established by the Director.
C. The Director shall include in such regulations special procedures and standards, consistent with regulations adopted by the Secretary, for the issuance of permits for mountaintop removal operations, without regard to requirements to restore to approximate original contour, and for variances from such requirements for steep-slope operations.
D. The Director may adopt, with the approval of the Secretary, alternative performance standards and procedures for administering and enforcing the program created pursuant to this chapter.
E. The Director, with the approval of the Secretary, may authorize departures on an experimental basis from the environmental protection performance standards adopted under this section and § 45.2-1018.
1979, c. 290, § 45.1-242; 1984, c. 590; 2021, Sp. Sess. I, c. 387.
2023 Code of Virginia › Title 45.2 - Mines, Minerals, and Energy › Chapter 10 - Virginia Coal Surface Mining Control and Reclamation Act of 1979 › § 45.2-1018. Surface effects of underground coal mining operations

A. The Director shall adopt regulations directed toward the surface effects of underground coal mining operations and embodying the requirements of §§ 516 and 720(a)(1) of the federal act. The provisions of this chapter relating to permits, bonds, inspections and enforcement, public review, and administrative and judicial review shall be applicable to any surface operation or surface impact incident to an underground coal mine with such modifications to the permit application requirements, permit approval or denial procedures, and bond requirements as are necessary to accommodate the differences between surface and underground coal mining. Nothing in § 720(a)(1) of the federal act shall be construed to prohibit or interrupt any underground coal mining operation.
B. The regulations adopted by the Director shall require that each permit applicant submit hydrologic reclamation plans that include measures to prevent the sudden release of accumulated water from underground workings.
C. The Director shall suspend underground coal mining under any elementary or secondary school, institution of higher education, urbanized area, city, town, or community, and adjacent to any industrial or commercial building, major impoundment, or permanent stream, if he finds imminent danger to people from such underground coal mining.
1979, c. 290, § 45.1-243; 1984, c. 590; 1993, c. 582; 1996, cc. 409, 410; 2021, Sp. Sess. I, c. 387.
2023 Code of Virginia › Title 45.2 - Mines, Minerals, and Energy › Chapter 10 - Virginia Coal Surface Mining Control and Reclamation Act of 1979 › § 45.2-1023. Forfeiture or release of performance bond

A. The Director shall adopt regulations, consistent with regulations adopted by the Secretary, establishing procedures, conditions, criteria, and schedules for the forfeiture or release of performance bonds or deposits required under this chapter; however, no bond shall be fully released until all reclamation requirements of this chapter and the regulations adopted hereunder are fully met.
B. Any person with a valid legal interest that could be adversely affected by release of the bond, or the responsible officer or head of any federal, state, or local governmental agency that (i) has jurisdiction by law or special expertise with respect to any environmental, social, or economic impact involved in the operation or (ii) is authorized to develop and enforce environmental standards with respect to such operations, has the right to file written objections to the proposed release from bond by the Director within 30 days after the last publication of notice, as required by regulation. If a written objection is filed and a hearing requested, the Director shall inform all interested parties of the time and place of the hearing and hold a public hearing, either in the locality of the coal surface mining operation proposed for bond release or in Richmond, at the option of the objector, within 30 days of the request for such hearing.
C. Without prejudice to the rights of any objector or the applicant or the responsibilities of the Director pursuant to this section, the Director may establish an informal conference, in accordance with regulations adopted pursuant to § 45.2-1014, to resolve written objections.
D. For the purpose of the hearing specified in subsection B, the Director may administer oaths, subpoena witnesses or written or printed materials, compel the attendance of witnesses or production of materials, and take evidence, including inspections of the land affected or other coal surface mining operations carried on by the applicant in the general vicinity. A verbatim record of each public hearing shall be made, and a transcript shall be made available on the motion of any party or by order of the Director.
1979, c. 290, § 45.1-247; 1984, c. 590; 2021, Sp. Sess. I, c. 387.
2023 Code of Virginia › Title 45.2 - Mines, Minerals, and Energy › Chapter 10 - Virginia Coal Surface Mining Control and Reclamation Act of 1979 › § 45.2-1024. Performance of reclamation operations by Director

In the event of forfeiture of a performance bond, in whole or in part, the Director shall deposit the proceeds in the state treasury in a special fund to be used by the Director to complete the reclamation plan and other regulatory requirements pertaining to the operation for which the forfeited bond had been posted. The Director may use the resources and facilities of the Division or enter into contracts for performance of such reclamation with any person, any soil conservation district, or any agency of the state or federal government. After completion of the reclamation and payment of all costs and administrative expenses associated with the completion of reclamation, any additional funds from the forfeiture of the bond shall be returned.
1979, c. 290, § 45.1-248; 1984, c. 590; 2021, Sp. Sess. I, c. 387.
2023 Code of Virginia › Title 45.2 - Mines, Minerals, and Energy › Chapter 10 - Virginia Coal Surface Mining Control and Reclamation Act of 1979 › § 45.2-1026. Hearings

Every formal hearing shall be conducted in accordance with § 2.2-4020 unless the parties consent to informal proceedings. When a hearings officer presides, such officer shall recommend findings and a decision to the Director, who shall then issue findings and a decision, unless the Director provides for the making of findings and an initial decision by such hearings officer subject to review and reconsideration by the Director on appeal as of right or on the Director's own motion. Such regulations shall also provide for a reasonable time in which such appeals shall be acted upon, which shall be in addition to the period required for the making of the initial decision.
1979, c. 290, § 45.1-250; 1984, c. 590; 2021, Sp. Sess. I, c. 387.
2023 Code of Virginia › Title 45.2 - Mines, Minerals, and Energy › Chapter 10 - Virginia Coal Surface Mining Control and Reclamation Act of 1979 › § 45.2-1027. Judicial review of final order or decision or decision under § 45.2-1035

A. Any party aggrieved by a final order, decision, or decision for entry upon property pursuant to § 45.2-1035, issued by the Director, after exhaustion of the administrative remedies provided for in this chapter, has the right to the judicial review thereof in the circuit court of the county or city in which the land at issue or a major portion thereof is located. In all other respects, judicial review shall be in accordance with the provisions of the Administrative Process Act (§ 2.2-4000 et seq.).
B. The commencement of a proceeding under this section shall not, unless specifically ordered by the court, operate as a stay of the order or decision of the Director. The court may, under such conditions as it prescribes, grant such temporary relief as it deems appropriate pending final determination of the proceedings if:
1. All parties to the proceedings have been notified and given an opportunity to be heard on a request for temporary relief;
2. The person requesting such relief shows that there is a substantial likelihood that he will prevail on the merits of the final determination of the proceeding; and
3. Such relief will not adversely affect the public health or safety or cause significant imminent environmental harm to land, air, or water resources.
C. The court may award costs and expenses, including attorney fees, to any party to any proceeding under this section and may assess such costs and expenses against any other party as the court deems proper. For the purpose of this subsection, "party" includes the Commonwealth or any of its agents, officers, or employees.
1979, c. 290, § 45.1-251; 1983, c. 93; 1984, c. 590; 1986, c. 615; 2021, Sp. Sess. I, c. 387.
2023 Code of Virginia › Title 45.2 - Mines, Minerals, and Energy › Chapter 10 - Virginia Coal Surface Mining Control and Reclamation Act of 1979 › § 45.2-1030. Replacement of water supply

A. The operator of any coal surface mining operation shall replace the water supply of an owner of interest in real property who obtains all or part of such owner's supply of water for domestic, agricultural, industrial, or other legitimate use from an underground or surface source where such supply has been affected by contamination, diminution, or interruption proximately resulting from such coal surface mining operation.
B. Every underground coal mining operation shall promptly replace any drinking, domestic, or residential water supply from a well or spring that was in existence prior to the application for a surface coal mining and reclamation permit and that has been affected by contamination, diminution, or interruption resulting from underground coal mining operations. Nothing in this subsection shall be construed to prohibit or interrupt underground coal mining operations.
C. Each operator of an underground coal mine shall record the daily progress of mining operations on one or more mine maps maintained at the mine site or in the company office. Such map shall, at a minimum, include information on the daily progress of mining operations and be maintained until the completion of the mining. The operator shall provide such map to the Division upon completion of mining and upon request of the Director.
D. If the Director has ordered replacement of a water supply under subsection B and the operator subject to the order has failed to provide the required map in accordance with subsection C, then the Director's replacement order shall not be overturned absent clear and convincing evidence to the contrary. Upon conclusion of an investigation, if the Director does not order replacement under the provisions of subsection B and reasonable access for a pre-mining survey was denied, the Director's determination shall not be overturned absent clear and convincing evidence to the contrary.
1979, c. 290, § 45.1-258; 1993, c. 582; 2021, Sp. Sess. I, c. 387.
2023 Code of Virginia › Title 45.2 - Mines, Minerals, and Energy › Chapter 10 - Virginia Coal Surface Mining Control and Reclamation Act of 1979 › § 45.2-1031. State Reclamation Program

A. The Commonwealth's program for the reclamation of land and water adversely affected by past mining shall include the State Reclamation Plan, the Abandoned Mine Reclamation Fund created pursuant to § 45.2-1032, and annual reclamation projects, as provided for in this article.
B. The Director is authorized to develop and submit to the Secretary for approval a State Reclamation Plan in accordance with the provisions of Title IV of the federal act and of this article. The plan shall generally identify the areas to be reclaimed, the purposes for which the reclamation is proposed, the relationship of the lands to be reclaimed and the proposed reclamation to surrounding areas, the specific criteria for ranking and identifying projects to be funded, and the programmatic capability of the Division to perform such work, and shall include such regulations, policies, and procedures as may be necessary to establish and implement the plan and annual reclamation projects and to carry out the provisions of this article. The Director may from time to time develop and submit to the Secretary amendments and revisions to the plan consistent with this article.
C. The Director may:
1. Prepare and submit to the Secretary annual applications for the support of the State Reclamation Program and implementation of specific reclamation projects;
2. Enter into agreements with the Secretary for the emergency restoration, reclamation, abatement, control, or prevention of the adverse effects of coal mining practices;
3. Administer the State Reclamation Plan and annual reclamation projects and receive and administer grants from the Secretary therefor; and
4. Prepare and submit such information and reports as the Secretary requests.
D. The Director and the Department, in carrying out the functions of preparing and revising the State Reclamation Plan and developing annual reclamation projects, shall provide appropriate opportunities for public involvement.
1979, c. 290, § 45.1-260; 1984, c. 590; 2021, Sp. Sess. I, c. 387.