reglab/statecodes huggingface dataset:
2023 Code of Virginia › Title 44 - Military and Emergency Laws › Chapter 3.4 - Funding for State and Local Government Radiological Emergency Preparedness › § 44-146.31. Definitions

As used in this chapter, unless the context requires a different meaning:
"Department" means the Department of Emergency Management.
"Nuclear power station" means a facility producing electricity through the utilization of nuclear energy for sale to the public which is required to be licensed by the Nuclear Regulatory Commission and includes all units of the facility at a single site.
"Person" means any individual, corporation, partnership, firm, association, trust, estate, public or private institution, group, agency, political subdivision or agency thereof, and any legal successor, representative, agent or agency of the foregoing.
1982, c. 222; 2000, c. 309.
2023 Code of Virginia › Title 44 - Military and Emergency Laws › Chapter 3.4 - Funding for State and Local Government Radiological Emergency Preparedness › § 44-146.32. One-time and annual fees

A. For each nuclear power station in commercial operation on July 1, 1982, the person owning the station shall pay to the Department, within ninety days of such date, a one-time fee of $55,000.
B. For each nuclear power station commencing commercial operation after July 1, 1982, the person owning the station shall pay to the Department a one-time fee of $55,000 not less than one year prior to the scheduled commencement of operation.
C. For each nuclear power station that on July 1 of each year is validly licensed to operate by the Nuclear Regulatory Commission, the person owning the station shall pay to the Department not later than August 1 of that year an annual fee in an amount based upon the projected annual cost of administering the state and local governments' radiological emergency preparedness programs for the station.
D. The Department shall send timely invoices for such fees to the persons responsible for their payment. However, failure of the Department to send the invoices in a timely manner shall not relieve the responsible persons of their obligation to pay such fees.
1982, c. 222; 1984, c. 322; 1988, c. 56.
2023 Code of Virginia › Title 44 - Military and Emergency Laws › Chapter 3.4 - Funding for State and Local Government Radiological Emergency Preparedness › § 44-146.33. Radiological Emergency Preparedness Fund

All moneys received by the Department under this chapter shall be deposited in the state treasury and set apart in a special fund to be known as the "Radiological Emergency Preparedness Fund." Moneys deposited in this fund shall be expended by the Department to the extent appropriated only to support the activities of state agencies and the local governments in establishing, maintaining and operating such emergency plans, programs and capabilities to deal with nuclear accidents as are required by the Nuclear Regulatory Commission and the Federal Emergency Management Agency with respect to nuclear power stations.
1982, c. 222.
2023 Code of Virginia › Title 44 - Military and Emergency Laws › Chapter 3.5 - Virginia Hazardous Materials Emergency Response Program › § 44-146.34. Purpose; definitions

A. The purpose of this chapter is to provide for the development and implementation of a program to protect the environment and the health, safety, and welfare of the people of the Commonwealth from the threats and potential threats of accidents or incidents involving hazardous materials. This program shall be known as the Virginia Hazardous Materials Emergency Response Program.
B. As used in this chapter, unless the context requires otherwise:
"Coordinator" means the Coordinator of the Department of Emergency Management.
"Department" means the Department of Emergency Management.
"Hazardous materials" means substances or materials which may pose unreasonable risks to health, safety, property, or the environment when used, transported, stored or disposed of, which may include materials which are solid, liquid or gas. Hazardous materials may include toxic substances, flammable and ignitable materials, explosives, corrosive materials, and radioactive materials and include (i) those substances or materials in a form or quantity which may pose an unreasonable risk to health, safety, or property when transported, and which the Secretary of Transportation of the United States has so designated by regulation or order; (ii) hazardous substances as defined or designated by law or regulation of the Commonwealth or law or regulation of the United States government; and (iii) hazardous waste as defined or designated by law or regulation of the Commonwealth.
"Political subdivision" means any city or county in the Commonwealth, and for the purposes of this chapter, any town with a population of more than 5,000 which chooses to have an emergency management program separate from that of the county in which the town is located.
"Transport" or "transportation" means any movement of property by any mode and any packing, loading, unloading, or storage incidental thereto.
1987, c. 492; 2000, c. 309.
2023 Code of Virginia › Title 44 - Military and Emergency Laws › Chapter 3.5 - Virginia Hazardous Materials Emergency Response Program › § 44-146.35. Powers and duties of the Department of Emergency Management

In carrying out the purposes set forth in this chapter the Department shall have the authority to:
1. Coordinate the development of hazardous materials training programs and hazardous materials emergency response programs and plans with state and local government agencies and related groups. Those state agencies and local government agencies shall retain the statutory responsibilities assigned elsewhere in this Code.
2. Administer the implementation of the Virginia Hazardous Materials Emergency Response Program.
1987, c. 492; 2000, c. 309; 2011, cc. 594, 681.
2023 Code of Virginia › Title 44 - Military and Emergency Laws › Chapter 3.5 - Virginia Hazardous Materials Emergency Response Program › § 44-146.36. Coordinator to enter into agreements with political subdivisions; immunity from liability

A. The Coordinator may enter into agreements with political subdivisions to provide hazardous materials emergency response within a specific geographical area of the Commonwealth on a state and political subdivision cost-sharing basis. The cost-sharing agreements shall be negotiated with political subdivisions by the Coordinator.
B. Neither the Commonwealth, nor any political subdivision thereof, nor federal agencies, nor other public or private agencies, nor public or private employees, nor representatives of any of them, engaged in any emergency services activities while complying with or attempting to comply with this chapter or any regulation or executive order promulgated pursuant to the provisions of this chapter, shall be liable for the death of or injury to any person or damage to property as a result of such activities, except where such death, injury or damage results from gross negligence, recklessness or willful misconduct. The provisions of this section shall not affect the right of any person to receive benefits to which he would otherwise be entitled under this chapter, or under the Workers' Compensation Act (§ 65.2-100 et seq.), or under any pension law, nor the right of any such person to receive any benefits or compensation under any act of Congress.
1987, c. 492; 1989, c. 378.
2023 Code of Virginia › Title 44 - Military and Emergency Laws › Chapter 3.5 - Virginia Hazardous Materials Emergency Response Program › § 44-146.37. Disbursements made from Virginia Disaster Response Fund

A. Disbursements for costs and expenses, including, but not limited to equipment, material, hazardous materials emergency response operations and immediate accident or incident site cleanup costs and expenses in preventing or alleviating damage, loss, hardship, or suffering caused by accidents or incident, involving hazardous materials, shall be made from the Virginia Disaster Response Fund in accordance with the provisions of § 44-146.18:1.
B. The Coordinator shall promptly seek reimbursement from any party causing or contributing to an accident or incident involving hazardous materials for all sums disbursed from the Virginia Disaster Response Fund for the protection, relief, and recovery from loss or damage caused by such party.
C. The Coordinator is also authorized to recover any sums expended by any other state agency or political subdivision for preventing or alleviating damage, loss, hardship, or suffering caused by accidents or incidents involving hazardous materials. To recover such sums the Coordinator shall provide documentation that the costs were incurred whether or not they were actually disbursed from the Virginia Disaster Response Fund.
1987, c. 492.
2023 Code of Virginia › Title 44 - Military and Emergency Laws › Chapter 3.5 - Virginia Hazardous Materials Emergency Response Program › § 44-146.38. Political subdivisions to appoint hazardous materials coordinator

Each political subdivision shall appoint a hazardous materials coordinator. In appointing the hazardous materials coordinator, political subdivisions shall consider the requisite qualifications for hazardous materials coordinators as established by the Coordinator. The hazardous materials coordinator shall coordinate the hazardous materials emergency response program within the political subdivision.
1987, c. 492; 2011, cc. 594, 681.
2023 Code of Virginia › Title 44 - Military and Emergency Laws › Chapter 3.5 - Virginia Hazardous Materials Emergency Response Program › § 44-146.40. Joint emergency planning committee; certain localities

Any joint emergency planning committee serving Fairfax County and the City of Fairfax shall have the authority to require any facility within its emergency planning district to submit the information required and participate in the emergency planning provided for in Subtitle A of Title 3 of Public Law 99-499. For the purposes of this section, "facility" shall include any development or installation having an aggregate storage capacity of at least one million gallons of oil as defined in § 62.1-44.34:10, or the potential for a sudden release of 10,000 pounds or more of any other flammable liquid or gas not exempt from the provisions of § 327 of Title 3 of Public Law 99-499. This requirement shall not occur until after public notice and the opportunity to comment. The committee shall notify the facility owner or operator of any requirement to comply with this section.
1987, c. 492; 1992, cc. 633, 656; 1994, c. 691; 2007, c. 813; 2011, cc. 594, 681; 2017, c. 512.
2023 Code of Virginia › Title 44 - Military and Emergency Laws › Chapter 5 - Mobilization of Fire Fighters › § 44-152. Outside service by fire departments

Whenever a state of war exists between the United States and any foreign country and at the request of the chief executive of any county, city or town in this Commonwealth the head of any other fire department may, or if so ordered by the Governor shall, detail, assign and make available for duty and use in such county, town or city any part of the officers, fire fighters, forces, fire-fighting apparatus or other equipment under his command or control.
1942, p. 369; Michie Code 1942, § 2673(137); 1977, c. 326.
2023 Code of Virginia › Title 44 - Military and Emergency Laws › Chapter 5 - Mobilization of Fire Fighters › § 44-153. Powers, duties, rights, privileges and immunities

Whenever all or any part of the regular fire-fighting forces of any county, town or city in this Commonwealth are engaged in rendering services pursuant to this chapter, the officers and members of such fire-fighting forces shall have the same powers, duties, rights, privileges and immunities as if they were performing their duties in the political subdivision in which they are normally employed.
1942, p. 369; Michie Code 1942, § 2673(138).
2023 Code of Virginia › Title 44 - Military and Emergency Laws › Chapter 5 - Mobilization of Fire Fighters › § 44-154. Loss, damages, expense or cost

The county, town or city in which any equipment is used pursuant to this chapter shall be liable for any loss or damage thereto and to the supplies therefor and shall pay any expenses incurred in the operation and maintenance thereof, including the cost of all materials and supplies therefor. No claim for any such loss, damage, expense or cost shall be allowed unless, within sixty days after the same has been sustained or incurred, a written notice of such claim, under oath and itemizing the same, is served by mail or otherwise upon the treasurer of such county, town or city where such equipment was so used.
1942, p. 369; Michie Code 1942, § 2673(139).
2023 Code of Virginia › Title 44 - Military and Emergency Laws › Chapter 5 - Mobilization of Fire Fighters › § 44-155. Liability for acts or omissions

Neither the Commonwealth nor the political subdivision of the Commonwealth whose fire-fighting forces are engaged pursuant to this chapter shall be liable or accountable in any way for or on account of any act or omission on the part of an officer or member of such forces while engaged pursuant to this chapter or for or on account of the operation, maintenance or use of any apparatus, equipment or supplies in connection therewith, nor shall any fire commissioner, fire chief or other superior officer or head of a fire department, fire company or other fire-fighting forces, acting pursuant to this chapter, be held liable or accountable in any way for or on account of any act or omission on the part of any of his subordinates without the political subdivision of their appointment while such subordinates are under the command of an officer other than himself.
1942, p. 369; Michie Code 1942, § 2673(140).
2023 Code of Virginia › Title 44 - Military and Emergency Laws › Chapter 5 - Mobilization of Fire Fighters › § 44-156. Reimbursement for salaries and expenses

The political subdivision in which aid or assistance is given pursuant to this chapter shall reimburse the political subdivision furnishing such aid and assistance for any moneys paid for the salaries or other compensation of employees furnished under this chapter during the time they shall not be performing their duties in the political subdivision by which they are employed or act and shall defray the actual traveling and maintenance expenses of such employees while they are rendering such aid and assistance. The provisions of this section and the term "employee" as used herein shall mean and apply with equal effect to paid and volunteer fire fighters.
1942, p. 370; Michie Code 1942, § 2673(141); 1977, c. 326.
2023 Code of Virginia › Title 44 - Military and Emergency Laws › Chapter 5 - Mobilization of Fire Fighters › § 44-157. Temporary substitute fire-fighting forces

Whenever all or any part of the regular fire-fighting forces of any county, city or town in the Commonwealth are engaged in rendering aid and assistance, pursuant to this chapter, substitute fire fighters, not exceeding the number of regular fire fighters engaged in rendering such aid and assistance, may be appointed in the same manner as provided by law for the appointment of such regular fire fighters. Except in the case of a volunteer fire company, the compensation of such substitute fire fighters shall be fixed at a sum not greater than the lowest rate of pay for a regular fire fighter in such fire department, company or fire-fighting force. Each person appointed under this section shall be vested with the same powers and charged with the same duties as if he were a regular member of such fire department, company or fire-fighting force. No appointment under this section shall continue for more than two days after the regular fire fighters for whom they are substituting have returned to duty. The compensation of any substitute fire fighter appointed pursuant to this section and any allowable expense actually and necessarily incurred by him in the performance of his duties shall be charged against the county, city or town in and for which he was appointed and shall be audited and allowed in the same manner as other charges against the county, city or town are audited and allowed.
1942, p. 370; Michie Code 1942, § 2673(142); 1977, c. 326.
2023 Code of Virginia › Title 44 - Military and Emergency Laws › Chapter 7 - Miscellaneous Laws › § 44-204. Leaves of absence for employees of Commonwealth or political subdivisions

All officers and employees of the Commonwealth, or of any political subdivision of the Commonwealth who are members of the Virginia Defense Force or National Defense Executive Reserve shall be entitled to leaves of absence from their respective duties without loss of pay, seniority, accrued leave or efficiency rating on all days during which they shall be engaged in training approved by the Governor or his designee, not to exceed 21 workdays per federal fiscal year. When relieved from such duty, they shall be restored to positions held by them when ordered to duty.
1938, p. 573; Michie Code 1942, § 2673(124); 1964, c. 227; 1986, c. 611; 2022, c. 430.
2023 Code of Virginia › Title 44 - Military and Emergency Laws › Chapter 7 - Miscellaneous Laws › § 44-208. Securing site of structural failure, fire, explosion, or industrial or transportation accident

The official in charge of the investigation of any structural failure, fire, explosion, or industrial or transportation accident which results in the loss of human life, except when caused by a natural disaster or war, may secure for no more than twelve hours so much of the site where it occurred as, in his opinion, may be necessary to gather evidence regarding the cause of the occurrence. No owner or lessee of the site may be denied entrance except to prevent the destruction of evidence.
In cases of fire from any cause, the chief or other authorized officer of any fire department or fire company in command at the fire shall have the rights and authority granted to him and his subordinates upon his order or direction by § 27-17.1. Nothing in this section shall limit or otherwise affect the authority of, or be construed to deny access to such site by, any person charged by law with the responsibility of investigating any such accident.
1982, c. 213.
2023 Code of Virginia › Title 45.2 - Mines, Minerals, and Energy › Chapter 1 - Administration › § 45.2-100. Definitions

As used in this title, unless the context requires a different meaning:
"Chief" means the Chief of the Division of Mines of the Department of Energy.
"Department" means the Department of Energy.
"Director" means the Director of the Department of Energy.
"State Geologist" means the Commissioner of Mineral Resources and State Geologist appointed pursuant to § 45.2-107.
1984, c. 590, § 45.1-1.2; 1994, c. 28, § 45.1-161.1; 2021, Sp. Sess. I, cc. 387, 532.
2023 Code of Virginia › Title 45.2 - Mines, Minerals, and Energy › Chapter 1 - Administration › § 45.2-101. Certified mail; subsequent mail or notices may be sent by regular mail

Whenever in this title the Chief, the Director, or the Department is required to send any mail or notice by certified mail and such mail or notice is sent by certified mail, return receipt requested, then any subsequent, identical mail or notice that is sent by the Chief, the Director, or the Department may be sent by regular mail.
2011, c. 566, § 45.1-161.1:1; 2021, Sp. Sess. I, c. 387.
2023 Code of Virginia › Title 45.2 - Mines, Minerals, and Energy › Chapter 1 - Administration › § 45.2-102. Department of Energy; appointment of Director

The Department of Energy is established in the executive branch within the Secretariat of Commerce and Trade. The Department shall be headed by a Director who shall be appointed by the Governor, subject to confirmation by the General Assembly, to serve at the pleasure of the Governor for a term coincident with the Governor's term.
1984, c. 590, § 45.1-1.1; 1994, c. 28, § 45.1-161.2; 2021, Sp. Sess. I, cc. 387, 532.
2023 Code of Virginia › Title 45.2 - Mines, Minerals, and Energy › Chapter 1 - Administration › § 45.2-103. Powers of Department

The Department shall have the following powers and duties, any of which, with the approval of the Director, may be exercised by any division of the Department with respect to matters assigned to that division:
1. To employ the personnel required to carry out the purposes of this title;
2. To make and enter into any contract or agreement necessary or incidental to the performance of its duties and the execution of its powers under this title, including reciprocal agreements with responsible officers of other states and contracts with the private sector, the United States, other state agencies, and governmental subdivisions of the Commonwealth;
3. To accept grants from the United States government and agencies and instrumentalities thereof and any other source. To these ends, the Department may comply with any condition and execute any agreement that is necessary, convenient, or desirable;
4. To adopt regulations necessary or incidental to the performance of its duties or execution of its powers under this title or any other provision of law. Such regulations shall be adopted by the Department, the Chief, or the Director, as appropriate, and in accordance with the provisions of Article 2 (§ 2.2-4006 et seq.) of the Administrative Process Act; and
5. To do all acts necessary or convenient to carry out the purposes of this title.
1984, c. 590, § 45.1-1.3; 1994, c. 28, § 45.1-161.3; 2014, c. 145; 2021, Sp. Sess. I, c. 387.
2023 Code of Virginia › Title 45.2 - Mines, Minerals, and Energy › Chapter 1 - Administration › § 45.2-104. Powers and duties of Director

The Director, under the direction and control of the Governor, shall exercise the powers and perform the duties conferred or imposed upon him by law and shall perform any other duties required of him by the Governor.
1984, c. 590, § 45.1-1.4; 1994, c. 28, § 45.1-161.4; 2021, Sp. Sess. I, c. 387.
2023 Code of Virginia › Title 45.2 - Mines, Minerals, and Energy › Chapter 1 - Administration › § 45.2-105. Establishment of divisions; division heads

The following divisions, through which the functions, powers, and duties of the Department may be discharged, are established in the Department: a Division of Mines, a Division of Mined Land Repurposing, a Division of Geology and Mineral Resources, a Division of Gas and Oil, a Division of Mineral Mining, a Division of Renewable Energy and Energy Efficiency, and a Division of Offshore Wind. The Director may establish other divisions as he deems necessary. The Director shall appoint persons to direct the various functions and programs of each division and may delegate to the head of any division any of the powers and duties conferred or imposed by law on the Director.
1984, c. 590, § 45.1-1.5; 1990, c. 92; 1994, c. 28, § 45.1-161.5; 2008, c. 369; 2020, c. 794; 2021, Sp. Sess. I, cc. 387, 532.
2023 Code of Virginia › Title 45.2 - Mines, Minerals, and Energy › Chapter 1 - Administration › § 45.2-106. Department to serve as lead agency for inspections undertaken subsequent to the issuance of a permit

Following the issuance of any permit under Chapter 10 (§ 45.2-1000 et seq.) or 12 (§ 45.2-1200 et seq.), the Department shall serve as the lead agency for enforcement of the provisions of the permit. Any other agency that has reviewed and approved, or not disapproved, a permit application prior to its approval by the Director shall contact the Director or his designee prior to making any routine inspection. The Director or his designee shall then contact the permittee, if prior contact is to be made, to schedule the inspection and shall accompany any employee of any agency other than the Department during any inspection by such other agency. However, nothing in this section shall apply in the event of a blackwater discharge, a failure of a waste treatment facility, or any situation that in the judgment of the State Water Control Board requires an inspection on an emergency or expedited basis.
1984, c. 188, § 45.1-1.9; 1994, c. 28, § 45.1-161.6; 2021, Sp. Sess. I, c. 387.
2023 Code of Virginia › Title 45.2 - Mines, Minerals, and Energy › Chapter 1 - Administration › § 45.2-107. Division of Geology and Mineral Resources; State Geologist

There is established in the Department a Division of Geology and Mineral Resources. The Director shall appoint a geologist of established reputation as the Commissioner of Mineral Resources and State Geologist to serve as chief executive and head officer of the Division. As used in this article, unless the context requires a different meaning, "Division" means the Division of Geology and Mineral Resources.
1984, c. 590, § 45.1-383; 2008, c. 369; 2021, Sp. Sess. I, cc. 387, 532.
2023 Code of Virginia › Title 45.2 - Mines, Minerals, and Energy › Chapter 1 - Administration › § 45.2-108. General powers and duties of State Geologist

The State Geologist shall exercise those powers and perform those duties, in relation to mineral resources, geology, and geophysical matters, that are conferred or imposed upon the Director by the provisions of this title, including powers and duties delegated to him by the Director. The State Geologist may also exercise and perform such other powers and duties as are lawfully delegated to him and such powers and duties as are conferred or imposed upon him by law.
1984, c. 590, § 45.1-384; 2021, Sp. Sess. I, c. 387.
2023 Code of Virginia › Title 45.2 - Mines, Minerals, and Energy › Chapter 1 - Administration › § 45.2-109. Using or revealing proprietary information

Notwithstanding any provision of law to the contrary, neither the State Geologist nor any employee or agent of the Division shall make use of or reveal any proprietary information or statistic gathered from any source for any purpose other than that of this chapter, except with the express written consent of the source of such information or statistic. The State Geologist shall not reveal such information to the Director or any other employee of the Department who is not employed within the Division.
1984, c. 590, § 45.1-385; 2021, Sp. Sess. I, c. 387.
2023 Code of Virginia › Title 45.2 - Mines, Minerals, and Energy › Chapter 1 - Administration › § 45.2-110. Powers and duties of the Division

The Division has the following powers and duties:
1. Examination of the geological formations of the Commonwealth and the resources contained therein, with special reference to both economic products and energy resources, including coal, ore, clay, feldspar, lime, natural gas, oil, cement, sand and gravel, stone, materials suitable for use in building and road construction, mineral water, other mineral substances, and geothermal energy resources.
2. Examination of latent resources and waste minerals to determine the best methods of utilizing them and study of the soils and weathered residuum as related to parent rock.
3. Maintenance of repositories for representative rock and mineral materials from various wells, mines, excavations, and naturally occurring exposures.
4. Maintenance of records and statistics of the mineral industry and geological conditions of the Commonwealth.
5. Performance of chemical and physical tests, including test borings, to acquire subsurface information relative to mineral deposits masked by soils and rock overburden.
6. Examination of the physical features of the Commonwealth with reference to their practical bearing upon the occupation and well-being of the people.
7. Preparation of special geological and economic maps and displays to illustrate the resources of the Commonwealth.
8. Preparation of regular and special reports, with necessary illustrations and maps, that embrace both a general and detailed description of the geology and mineral resources of the Commonwealth.
9. Consideration of such other scientific and economic questions that in the judgment of the Director are deemed of value to the people of the Commonwealth.
10. Arrangement for the investigation and reporting of the geology of the Commonwealth with the Director or the representative of the United States Geological Survey (USGS) in regard to cooperation between the USGS and the Department in topographic and geologic work when deemed necessary and of advantage to the Commonwealth. The Director may accept or reject the work of the USGS.
11. Participation in matters requiring advice and guidance sought by state agencies and institutions concerning geological and mineral resources as related to state lands.
12. Provision of basic research and the development of methods utilized in the determination of characteristics, structure, and origin for geological formations and economic mineral deposits.
1984, c. 590, § 45.1-386; 2021, Sp. Sess. I, c. 387.
2023 Code of Virginia › Title 45.2 - Mines, Minerals, and Energy › Chapter 1 - Administration › § 45.2-111. Publication of reports

The Director may direct the publication of the reports of the Division, with proper illustrations and maps, and the reports shall be distributed as the interests of the Commonwealth and of science indicate.
1984, c. 590, § 45.1-387; 2021, Sp. Sess. I, c. 387.
2023 Code of Virginia › Title 45.2 - Mines, Minerals, and Energy › Chapter 1 - Administration › § 45.2-112. Disposition of materials that have served purpose of the Division

Materials collected after having served the purpose of the Division shall be distributed to the educational institutions of the Commonwealth in the manner that the Director determines to be of the greatest advantage to the educational interests of the Commonwealth.
1984, c. 590, § 45.1-388; 2021, Sp. Sess. I, c. 387.
2023 Code of Virginia › Title 45.2 - Mines, Minerals, and Energy › Chapter 1 - Administration › § 45.2-113. Immunity from prosecution for trespass

No criminal action for trespass shall lie against the State Geologist or any agent or employee of the State Geologist pursuant to any lawful act done in the performance of his duties, including entry upon the lands of any person for the purpose of performing such duties.
1984, c. 590, § 45.1-389; 2021, Sp. Sess. I, c. 387.
2023 Code of Virginia › Title 45.2 - Mines, Minerals, and Energy › Chapter 3 - Interstate Compact to Conserve Oil and Gas › § 45.2-300. Governor authorized to execute Interstate Compact to Conserve Oil and Gas

The Governor is hereby authorized and requested to execute, on behalf of the Commonwealth with any other state legally joining therein, a compact that is in form substantially as provided in § 45.2-301.
1982, c. 570, § 45.1-381; 2021, Sp. Sess. I, c. 387.
2023 Code of Virginia › Title 45.2 - Mines, Minerals, and Energy › Chapter 3 - Interstate Compact to Conserve Oil and Gas › § 45.2-302. Governor to act as representative to Interstate Oil Compact Commission

A. The Governor is hereby designated as the official representative of the Commonwealth on the Interstate Oil Compact Commission (the Commission) provided for in the compact ratified by this chapter. The Governor shall exercise and perform for the Commonwealth all powers and duties imposed by the compact upon representatives to the Commission.
B. The Director of the Department of Energy is hereby designated as the assistant representative and shall act as the official representative of the Commonwealth on the Commission when the authority to so act is delegated to him by the Governor.
1982, c. 570, § 45.1-382; 1984, c. 590; 2021, Sp. Sess. I, c. 387.
2023 Code of Virginia › Title 45.2 - Mines, Minerals, and Energy › Chapter 4 - Presumptions Regarding Ownership › § 45.2-400. Presumption that no coal, minerals, ore, or oil exists in certain lands

A. Subject to the provisions of subsection B, in any case in which either (i) a claim to coal, minerals, ore, oil, or subsurface substances in, on, or under lands in the Commonwealth or (ii) the right to enter such land for the purpose of exploring, mining, boring, and sinking shafts for such coal, minerals, ore, oil, or subsurface substances is derived or reserved by any writing made 35 years or more prior to the institution of the action pursuant to § 45.2-401, it shall be prima facie presumed that no coal, minerals, ore, oil, or subsurface substances exist in, on, or under such lands, except lands lying west of the Blue Ridge Mountains.
B. The provisions of subsection A shall apply only if (i) for a period of 35 years or more, such right to explore or mine has not been exercised, the person having such claim or right has never been charged with taxes thereon, all the taxes on the land have been charged to and paid by the person holding the land subject to such right to explore or mine, and no deed of bargain and sale of such claim or reservation in such mineral rights in the lands embraced in such claim has been recorded in the clerk's office of the county wherein the lands are located or (ii) the right to explore and mine has been exercised, the coal, minerals, ore, oil, or subsurface substances in or on the land have been exhausted, and the right of mining or boring has been abandoned for a period of 35 years or more.
1924, p. 719; 1930, p. 721; Michie Code 1942, § 6239a; 1944, p. 48; Code 1950, § 55-154; 1956, c. 642; 1964, c. 377; 1968, c. 319; 1970, c. 350; 1972, c. 306; 1973, c. 123; 1974, c. 238; 1977, c. 309; 1980, c. 310; 1981, c. 518; 1984, c. 452; 2019, c. 712, § 45.1-161.311:9; 2021, Sp. Sess. I, c. 387.
2023 Code of Virginia › Title 45.2 - Mines, Minerals, and Energy › Chapter 4 - Presumptions Regarding Ownership › § 45.2-401. Actions to extinguish certain claims

A. The owner or owners of land subject to a claim or right pursuant to § 45.2-400 separately or jointly may bring an action requesting the extinguishment of such claim or right. The person by whom such claim by such writing was derived or reserved, or his successors in title, shall be made a defendant by name so far as known or as defendants unknown if such successors in title are unknown. The venue for such action shall be as specified in subdivision 3 of § 8.01-261.
B. The court shall allow a period of not less than six months from the time the cause is docketed and set for hearing to elapse. During such time, the defendant may explore and discover any commercial coal, mineral, ore, oil, or subsurface substance.
C. In the absence of satisfactory evidence to the contrary, it shall be presumed that no commercial coal, mineral, ore, oil, or subsurface substance exists in or on the land, and the court shall enter an order declaring the claim or right to be a cloud on the title and releasing the land therefrom and extinguishing such claim or right. However, if the defendant or defendants prove that a commercial coal, mineral, ore, oil, or subsurface substance exists in or on the land, the court shall require such coal, mineral, ore, oil, or subsurface substance to be charged with taxes according to law.
1924, p. 720; 1930, p. 721; Michie Code 1942, § 6239a; 1944, p. 49; Code 1950, § 55-155; 1977, c. 624; 2019, c. 712, § 45.1-161.311:11; 2021, Sp. Sess. I, c. 387.
2023 Code of Virginia › Title 45.2 - Mines, Minerals, and Energy › Chapter 5 - Coal Mine Safety Act › § 45.2-500. Coal Mine Safety Act

For purposes of this title, this chapter and Chapters 7 (§ 45.2-700 et seq.), 8 (§ 45.2-800 et seq.), and 9 (§ 45.2-900 et seq.) shall be known as the Coal Mine Safety Act.
1984, c. 590, § 45.1-1.10; 1994, c. 28, § 45.1-161.7; 1997, c. 390; 2021, Sp. Sess. I, c. 387.
2023 Code of Virginia › Title 45.2 - Mines, Minerals, and Energy › Chapter 5 - Coal Mine Safety Act › § 45.2-502. Safety and health

In safety and health matters, all miners are to be governed by the Act, Article 4 (§ 45.2-617 et seq.) of Chapter 6, and any other sections of the Code relating to the safety and health of miners and regulations adopted by the Department.
1984, c. 590, § 45.1-1.7; 1994, c. 28, § 45.1-161.9; 2021, Sp. Sess. I, c. 387.
2023 Code of Virginia › Title 45.2 - Mines, Minerals, and Energy › Chapter 5 - Coal Mine Safety Act › § 45.2-503. Special safety rules

The operator of each mine has the right to adopt special safety rules for the safety and operation of his mine, covering the work pertaining to the mine inside and outside of such mine. Such special safety rules shall not be in conflict with the provisions of the Act and, when established, shall be posted at some conspicuous place about the mine where the rules may be seen by all miners at such mine or in lieu thereof shall be furnished by the operator as a printed copy to each of the miners.
Code 1950, § 45-87; 1966, c. 594, § 45.1-31; 1984, c. 590; 1994, c. 28, § 45.1-161.10; 1996, c. 774; 2021, Sp. Sess. I, c. 387.
2023 Code of Virginia › Title 45.2 - Mines, Minerals, and Energy › Chapter 5 - Coal Mine Safety Act › § 45.2-504. Age requirement to work in mines

A. No person under 18 years of age shall be permitted to work in or around any mine.
B. 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.
Code 1950, § 45-16; 1954, c. 191; 1966, c. 594, § 45.1-32; 1972, c. 154; 1994, c. 28, § 45.1-161.11; 2021, Sp. Sess. I, c. 387.
2023 Code of Virginia › Title 45.2 - Mines, Minerals, and Energy › Chapter 5 - Coal Mine Safety Act › § 45.2-505. 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 or the Board, that pertain to his duties.
C. Any individual shall, upon the order of the Chief, complete training that addresses the subject of any violation issued to the individual as a condition for abatement of the violation.
Code 1950, § 45-72; 1954, c. 191; 1966, c. 594, § 45.1-26; 1978, cc. 489, 729; 1994, c. 28, § 45.1-161.12; 2005, c. 3; 2021, Sp. Sess. I, c. 387.
2023 Code of Virginia › Title 45.2 - Mines, Minerals, and Energy › Chapter 5 - Coal Mine Safety Act › § 45.2-506. 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, 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.
Code 1950, §§ 45-7, 45-12, 45-68.4, 45-69, 45-73, 45-75, 45-78, 45-79, 45-81, 45-83; 1950, p. 156; 1954, c. 191; 1966, c. 594, § 45.1-21; 1976, c. 598; 1978, cc. 222, 489; 1982, c. 255; 1984, cc. 178, 590; 1988, c. 577; 1993, cc. 171, 442; 1994, c. 28, § 45.1-161.13; 2021, Sp. Sess. I, c. 387.
2023 Code of Virginia › Title 45.2 - Mines, Minerals, and Energy › Chapter 5 - Coal Mine Safety Act › § 45.2-507. Notifying miners of violations; compliance with Act

A. The operator and his agent shall cooperate with the mine foreman and other officials in the discharge of their duties as required by the Act. Such operator and agent shall direct the mine foreman and all other miners employed at the mine to comply with all provisions of the Act, especially when the attention of such operator or agent is called by the Chief, the Director, or a mine inspector to any violation of the Act.
B. The operator of any mine or his agent shall operate each of his mines at all times in full conformity with the Act and any other mining law of the Commonwealth, including regulations adopted by the Department or the Board. 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, 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.
E. The operator or his agent shall fully comply with any action plan required by the Chief to address hazardous conditions or practices.
Code 1950, §§ 45-7, 45-8, 45-12, 45-68.4, 45-69, 45-73, 45-75, 45-78, 45-79, 45-81, 45-83 to 45-85; 1950, p. 156; 1954, c. 191; 1966, c. 594, §§ 45.1-21, 45.1-30, 45.1-104; 1972, c. 784; 1974, c. 323; 1975, c. 320; 1976, c. 598; 1978, cc. 120, 222, 489, 729; 1982, cc. 118, 255; 1984, cc. 178, 590; 1988, c. 577; 1990, c. 963; 1993, cc. 171, 442; 1994, c. 28, § 45.1-161.14; 2005, c. 3; 2021, Sp. Sess. I, c. 387.
2023 Code of Virginia › Title 45.2 - Mines, Minerals, and Energy › Chapter 5 - Coal Mine Safety Act › § 45.2-508. Appointment of Chief

The Chief of the Division of Mines of the Department of Energy is the head of the Division of Mines and is under the direction of and reports to the Director.
Code 1950, §§ 45-1 through 45-3; 1954, c. 191; 1966, c. 594, § 45.1-3; 1984, c. 590; 1994, c. 28, § 45.1-161.15; 2021, Sp. Sess. I, cc. 387, 532.
2023 Code of Virginia › Title 45.2 - Mines, Minerals, and Energy › Chapter 5 - Coal Mine Safety Act › § 45.2-509. Qualification of Chief

The Chief shall have a thorough knowledge of the various systems of working and ventilating coal mines, the nature and properties of mine gases and methods for their detection and control, the control of mine roof, methods of rescue and recovery work in mine disasters, the application of electricity and mechanical loading in mining operations, equipment and explosives used in mining, methods for preventing gas and dust explosions in mines, and mine haulage. The Chief shall possess such experience or educational background in management as determined necessary by the Governor and shall be at least 30 years of age.
Code 1950, §§ 45-4, 45-5, 45-6; 1954, c. 191; 1966, c. 594, § 45.1-4; 1972, c. 784; 1978, cc. 120, 727; 1981, c. 32; 1984, cc. 184, 337, 590; 1987, Sp. Sess., c. 1; 1994, c. 28, § 45.1-161.16; 2021, Sp. Sess. I, c. 387.
2023 Code of Virginia › Title 45.2 - Mines, Minerals, and Energy › Chapter 5 - Coal Mine Safety Act › § 45.2-510. Affiliations of Department personnel with labor union, coal company, etc.; interest in coal mine; inspections of mines where inspector previously employed

A. Neither the Chief 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 coal 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 Chief nor any other officer while in office shall be directly or indirectly interested as owner, partner, proprietor, lessor, operator, superintendent, or engineer of any coal mine, nor shall the Chief or any other officer while in office own any stock in a corporation that owns a coal mine either directly or through a subsidiary.
B. Neither the Chief 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.
Code 1950, §§ 45-4, 45-5, 45-6; 1954, c. 191; 1966, c. 594, § 45.1-4; 1972, c. 784; 1978, cc. 120, 727; 1981, c. 32; 1984, cc. 184, 337, 590; 1987, Sp. Sess., c. 1; 1994, c. 28, § 45.1-161.17; 1999, c. 256; 2021, Sp. Sess. I, c. 387.
2023 Code of Virginia › Title 45.2 - Mines, Minerals, and Energy › Chapter 5 - Coal Mine Safety Act › § 45.2-511. 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 by the Board.
Code 1950, §§ 45-1 through 45-6; 1954, c. 191; 1966, c. 594, §§ 45.1-3, 45.1-4; 1972, c. 784; 1978, cc. 120, 727; 1981, c. 32; 1984, cc. 184, 337, 590; 1987, Sp. Sess., c. 1; 1994, c. 28, §§ 45.1-161.18, 45.1-161.19; 1997, c. 390; 2021, Sp. Sess. I, c. 387.
2023 Code of Virginia › Title 45.2 - Mines, Minerals, and Energy › Chapter 5 - Coal Mine Safety Act › § 45.2-512. Qualifications of coal mine inspectors

A. Each mine inspector conducting inspections of underground coal mines shall have a thorough knowledge of the various systems of working and ventilating underground coal mines; the nature and properties of mine gases and methods for their detection and control; the control of mine roof and ground control; methods of rescue and recovery work in mine disasters; the application of electricity and mechanical loading in mining operations; equipment and explosives used in mining; methods for preventing gas and dust explosions in mines; and mine haulage.
B. Each mine inspector conducting inspections of surface coal mines shall have a thorough knowledge of the various systems of working surface coal mines, the nature and properties of mine gases and methods of their detection and control, ground control, methods of rescue and recovery work in surface mine disasters, the application of electricity and mechanical loading in mining operations, equipment and explosives used in mining, methods for preventing gas and dust explosions in surface facilities on mine property, and mine haulage.
Code 1950, §§ 45-4, 45-5, 45-6; 1954, c. 191; 1966, c. 594, § 45.1-4; 1972, c. 784; 1978, cc. 120, 727; 1981, c. 32; 1984, cc. 184, 337, 590; 1987, Sp. Sess., c. 1; 1994, c. 28, § 45.1-161.20; 1997, c. 390; 2005, c. 3; 2021, Sp. Sess. I, c. 387.
2023 Code of Virginia › Title 45.2 - Mines, Minerals, and Energy › Chapter 5 - Coal Mine Safety Act › § 45.2-513. Duties of the Chief; penalty

A. The Chief shall (i) supervise execution and enforcement of all laws, including regulations adopted by the Department or the Board, pertaining to the health and safety of persons employed within or at coal 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 Chief shall keep a record of all inspections of coal mines made by him and the mine inspectors. The Chief shall make a comprehensive report to the Director. The Chief 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.
C. The Chief may compel individuals to complete training that addresses the subject of a violation issued to the individual as a condition for abatement of the violation.
D. The Chief may require operators to submit for approval action plans to address hazardous conditions or practices.
E. For the purpose of investigating (i) an accident or (ii) a willful act resulting in a notice of violation or closure order, the Chief may compel the attendance of witnesses and administer oaths or affirmations. Any person who knowingly provides any false statement, representation, or certification during such investigation is guilty of a Class 1 misdemeanor.
F. The Chief shall supervise execution and enforcement of all reciprocal agreements made with responsible officers of other states that implicate any part of the Act.
Code 1950, §§ 45-1 to 45-6; 1954, c. 191; 1966, c. 594, §§ 45.1-3,45.1-4; 1972, c. 784; 1978, cc. 120, 727; 1981, c. 32; 1984, cc. 184, 337, 590; 1987, Sp. Sess., c. 1; 1994, c. 28, § 45.1-161.21; 2005, c. 3; 2011, cc. 826, 862; 2014, c. 145; 2021, Sp. Sess. I, c. 387.