reglab/statecodes huggingface dataset:
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 850 - Training, Examination, and Certification of Blasters › Section 4VAC25-130-850.15 - Certification

Current through Register Vol. 40, No. 24, July 15, 2024
(a) The division
				  shall issue the blaster's coal surface mining endorsement for a period of five
				  years to those candidates examined and found to be competent and has met the
				  requirements as described in 4VAC25-130-850.13 and 4VAC25-130-850.14.
(b) Suspension and revocation:
(1) The division, when practicable, following
				  written notice and opportunity for a hearing may, and upon a finding of willful
				  conduct by the DM Board of Coal Mine Examiners, shall suspend or revoke the
				  blaster's coal surface mining endorsement certification during the term of the
				  certification or take other necessary action for any of the following reasons:
(i) Non-compliance with any blasting related
				  order issued by the division or DM;
(ii) Unlawful use in the work place of, or
				  current addiction to, alcohol, narcotics, or other dangerous drugs;
(iii) Violation of any provision of the State
				  or Federal explosives laws or regulations;
(iv) Providing false information or a
				  misrepresentation to obtain certification.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 874 - General Reclamation Requirements › Section 4VAC25-130-874.12 - Eligible coal lands and water

Current through Register Vol. 40, No. 24, July 15, 2024
Coal lands and water are eligible for reclamation
					 activities if-
(a) They were mined for
				  coal or affected by coal mining processes;
(b) They were mined prior to August 3, 1977,
				  and left or abandoned in either an unreclaimed or inadequately reclaimed
				  condition; and
(c) There is no
				  continuing responsibility for reclamation by the operator, permittee, or agent
				  of the permittee under statutes of the Commonwealth or Federal government, or
				  as a result of bond forfeiture. Bond forfeiture will render lands or water
				  ineligible only if the amount forfeited is sufficient to pay the total cost of
				  the necessary reclamation. In cases where the forfeited bond is insufficient to
				  pay the total cost of reclamation, additional moneys from the Fund may be
				  sought under 30 CFR 886.
Statutory Authority
§§ 45.1-161.3 and 45.1-230 of the Code of
						Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 874 - General Reclamation Requirements › Section 4VAC25-130-874.13 - Reclamation objectives and priorities

Current through Register Vol. 40, No. 24, July 15, 2024
Reclamation projects shall reflect the priorities set out
					 in section 403 of the Federal Act ( 30 USC § 1233 ) and should be
					 accomplished in accordance with the OSM's "Final Guidelines for Reclamation
					 Programs and Projects" ( 45 CFR 14810 - 14819, March 6,
					 1980).
Statutory Authority
§§ 45.1-161.3 and 45.1-230 of the Code of
						Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 877 - Rights of Entry › Section 4VAC25-130-877.11 - Written consent for entry

Current through Register Vol. 40, No. 24, July 15, 2024
Written consent from the owner of record and lessee, or
					 their authorized agents, is the preferred means for obtaining agreements to
					 enter lands in order to carry out reclamation activities. Nonconsensual entry
					 by exercise of the police power will be undertaken only after reasonable
					 efforts have been made to obtain written consent.
Statutory Authority
§§ 45.1-161.3 and 45.1-230 of the Code of
						Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 877 - Rights of Entry › Section 4VAC25-130-877.13 - Entry and consent to reclaim

Current through Register Vol. 40, No. 24, July 15, 2024
(a) The Director or his authorized agents, or
				  contractors may enter upon land to perform reclamation activities or conduct
				  studies or exploratory work to determine the existence of the adverse effects
				  of past coal mining if consent from the owner is obtained.
(b) If consent is not obtained, then, prior
				  to entry under this section, the Director shall find in writing, with
				  supporting reasons that-
(1) Land or water
				  resources have been or may be adversely affected by past coal mining
				  practices;
(2) The adverse effects
				  are at a state where, in the interest of the public health, safety, or the
				  general welfare, action to restore, reclaim, abate, control, or prevent should
				  be taken; and
(3) The owner of the
				  land or water resources where entry must be made to restore, reclaim, abate,
				  control, or prevent the adverse effects of past coal mining practices is not
				  known or readily available, or the owner will not give permission for the
				  Director or his authorized agents, or contractors to enter upon such property
				  to restore, reclaim, abate, control, or prevent the effects of past coal mining
				  practices.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 877 - Rights of Entry › Section 4VAC25-130-877.14 - Entry for emergency reclamation

Current through Register Vol. 40, No. 24, July 15, 2024
(a) The Director may enter into agreements
				  with the Secretary of the Interior for the emergency restoration, reclamation,
				  abatement, control or prevention of the adverse effects of past coal mining
				  practices. The Director, his authorized agents, or contractors shall have the
				  right to enter upon any land where an emergency exists and on any other land to
				  have access to the land where the emergency exists to restore, reclaim, abate,
				  control, or prevent the adverse effects of past coal mining practices and to do
				  all things necessary to protect the public health, safety, or general
				  welfare.
(b) Prior to entry under
				  this section, the Director shall make a written finding with supporting reasons
				  that the situation qualifies as an emergency in accordance with the
				  requirements set out in Section 410 of the Federal Act.
(c) Notice to the owner shall not be required
				  prior to entry for emergency reclamation. The Director shall make reasonable
				  efforts to notify the owner and obtain consent prior to entry, consistent with
				  the emergency conditions that exist. Written notice shall be given to the owner
				  as soon after entry as practical in accordance with the requirements of
				  4VAC25-130-877.13(c).
Statutory Authority
§§ 45.1-161.3 and 45.1-230 of the Code of
						Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 879 - Acquisition, Management, and Disposition of Lands and Water › Section 4VAC25-130-879.11 - Land eligible for acquisition

Current through Register Vol. 40, No. 24, July 15, 2024
(a) Land adversely affected by past coal
				  mining practices may be acquired by the Director with moneys from the Fund if
				  approved in advance by the OSM. The Director shall find in writing that
				  acquisition is necessary for successful reclamation and that-
(1) The acquired land will serve recreation,
				  historic, conservation, and reclamation purposes or provide open space benefits
				  after restoration, reclamation, abatement, control, or prevention of the
				  adverse effects of past coal mining practices; and
(2) Permanent facilities will be constructed
				  on the land for the restoration, reclamation, abatement, control, or prevention
				  of the adverse effects of past coal mining practices.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 879 - Acquisition, Management, and Disposition of Lands and Water › Section 4VAC25-130-879.12 - Procedures for acquisition

Current through Register Vol. 40, No. 24, July 15, 2024
(a) An
				  appraisal of all land or interest in land to be acquired shall be obtained by
				  the Director. The appraisal shall state the fair market value of the land as
				  adversely affected by past mining.
(b) When practical, acquisition shall be by
				  purchase from a willing seller. The amount paid for land or interests in land
				  acquired shall reflect the fair market value of the land or interests in land
				  as adversely affected by past mining.
(c) When necessary, land or interests in land
				  may be acquired by condemnation. Condemnation procedures shall not be started
				  until all reasonable efforts have been made to purchase the land or interests
				  in lands from a willing seller.
(d)
				  The Director shall comply, at a minimum, with the Uniform Relocation Assistance
				  and Real Property Acquisition Policies Act of 1972, Chapter 6 (§ 25-235 et
				  seq.) of Title 25 of the Code of Virginia.
Statutory Authority
§§ 45.1-161.3 and 45.1-230 of the Code of
						Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 879 - Acquisition, Management, and Disposition of Lands and Water › Section 4VAC25-130-879.13 - Acceptance of gifts of land

Current through Register Vol. 40, No. 24, July 15, 2024
(a) The
				  Director may accept donations of title to land or interests in land if the land
				  proposed for donation meets the requirements set out in
				  4VAC25-130-879.11.
(b) Offers to
				  make a gift of land or interest in land to the Commonwealth shall be in writing
				  and comply with the laws and regulations of the Commonwealth for land
				  donations.
Statutory Authority
§§ 45.1-161.3 and 45.1-230 of the Code of
						Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 879 - Acquisition, Management, and Disposition of Lands and Water › Section 4VAC25-130-879.14 - Management of acquired land

Current through Register Vol. 40, No. 24, July 15, 2024
Land acquired under this Part may be used for any lawful
					 purpose that is consistent with the necessary reclamation activities.
					 Procedures for collection of user charges or the waiver of such charges by the
					 Director shall provide that all user fees collected shall be deposited in the
					 Fund.
Statutory Authority
§§ 45.1-161.3 and 45.1-230 of the Code of
						Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 879 - Acquisition, Management, and Disposition of Lands and Water › Section 4VAC25-130-879.15 - Disposition of reclaimed land

Current through Register Vol. 40, No. 24, July 15, 2024
(a)
				  Prior to the disposition of any land acquired under this Part, the Director
				  shall publish a notice of proposed land disposition, hold public hearings, if
				  requested, and make written findings in accordance with the authority contained
				  in Section 407(g)(2) of the Federal Act.
(b) The Director may transfer, with the
				  approval of the OSM, administrative responsibility for land acquired to any
				  agency or political subdivision of the Commonwealth or Federal department or
				  agency with or without cost to that entity. The agreement under which a
				  transfer is made shall specify-
(1) The
				  purposes for which the land may be used, which shall be consistent with the
				  authorization under which the land was acquired; and
(2) That the title of administrative
				  responsibility for the land shall revert to the Director if, at any time in the
				  future, the Director finds that the land is not used for the purposes
				  specified.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 882 - Reclamation on Private Land › Section 4VAC25-130-882.12 - Appraisals

Current through Register Vol. 40, No. 24, July 15, 2024
(a) A notarized
				  appraisal of private land to be reclaimed which may be subject to a lien under
				  4VAC25-130-882.13 shall be obtained from an independent appraiser. The
				  appraisal shall state-
(1) The estimated fair
				  market value of the property in its unreclaimed condition; and
(2) The estimated fair market value of the
				  property as reclaimed.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 882 - Reclamation on Private Land › Section 4VAC25-130-882.13 - Liens

Current through Register Vol. 40, No. 24, July 15, 2024
(a) The Director
				  has the discretionary authority to place or waive a lien against land reclaimed
				  if the reclamation results in a significant increase in the fair market value;
				  except that-
(1) A lien shall not be placed
				  against the property of a surface owner who acquired title prior to May 2,
				  1977, and who did not consent to, participate in, or exercise control over the
				  mining operation which necessitated the reclamation work.
(2) The basis for making a determination of
				  what constitutes a significant increase in market value or what factual
				  situation constitutes a waiver of lien will be made by the Director pursuant to
				  the Congressional intent expressed in Section 408 of the Federal Act and
				  consistent with the laws of the Commonwealth governing liens.
(3) A lien may be waived if findings made
				  prior to construction indicate that the reclamation work to be performed on
				  private land shall primarily benefit the health, safety, or environmental
				  values of the greater community or area in which the land is located; or if the
				  reclamation is necessitated by an unforeseen occurrence, and the work performed
				  to restore that land will not result in a significant increase in the market
				  value of the land as it existed immediately before the unforeseen occurrence;
				  and
(4) The Director may waive the
				  lien if the cost of filing it, including indirect costs to the Commonwealth,
				  exceeds the increase in fair market value as a result of reclamation
				  activities.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 882 - Reclamation on Private Land › Section 4VAC25-130-882.14 - Satisfaction of liens

Current through Register Vol. 40, No. 24, July 15, 2024
(a) A lien
				  placed on private property shall be satisfied, to the extent of the value of
				  the consideration received, at the time of transfer of ownership. Any
				  unsatisfied portion shall remain as a lien on the property.
(b) The Director, when a lien is filed on
				  private property, shall maintain or renew it from time to time as may be
				  required under laws of the Commonwealth or local law.
(c) Moneys derived from the satisfaction of
				  liens established under this Part shall be deposited in the Fund.
Statutory Authority
§§ 45.1-161.3 and 45.1-230 of the Code of
						Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 882 - Reclamation on Private Land › Section - DOCUMENTS INCORPORATED BY REFERENCE (4VAC25-130)

Current through Register Vol. 40, No. 24, July 15, 2024
Standard Methods for the Examination of Water and
					 Wastewater, 17th Edition, 1989, American Public Health Association.
Uniform Customs and Practices for Documentary Credits,
					 1993 Revision (Publication No. 500), effective January 1, 1994, International
					 Chamber of Commerce.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 145 - REGULATIONS ON THE ELIGIBILITY OF CERTAIN MINING OPERATORS TO PERFORM RECLAMATION PROJECTS › Section 4VAC25-145-10 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
"Department" means the Department of Energy.
"Director" means the Director of the Department of
				  Energy.
"Division" means the Division of Mined Land
				  Repurposing.
"Net worth" means total assets less total liabilities
				  including funds pledged or otherwise obligated to the Commonwealth or other in
				  effect at any time during the contract period and any other contingent
				  liabilities that might materially affect the Commonwealth's ability to realize
				  the amount of bond required in the event of forfeiture.
"Operator" means any person engaging in coal surface mining
				  operations whether or not such coal is sold within or without the
				  Commonwealth.
"Reclamation project" means any work contracted out by or on
				  behalf of the division for reclamation of eligible lands and waters, and
				  defined in § 45.2-1034 of the Code of Virginia and funded by the Federal
				  Office of Surface Mining or reclamation of mined lands where the operator who
				  mined the land has had his bond covering the land forfeited to the division or
				  otherwise defaulted on his reclamation obligation and the project is funded
				  either by the forfeited bond or the Virginia Coal Surface Mining Reclamation
				  Fund.
"Relevant mining experience" means at least three years of
				  satisfactory mining and reclamation work in the Commonwealth under Chapter 10
				  (§ 45.2-1000 et seq.) of Title 45.2 of the Code of Virginia. The operator
				  shall have active reclamation work experience for two of the three
				  years.
"State reclamation program" means Articles 4 and 5 of Chapter
				  10 (§ 45.2-1000 et seq.) of Title 45.2 of the Code of Virginia, as well as
				  reclamation done by or for the Commonwealth and funded by the forfeited bond of
				  an operator.
Statutory Authority: § 45.2-103 of the Code of
					 Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 145 - REGULATIONS ON THE ELIGIBILITY OF CERTAIN MINING OPERATORS TO PERFORM RECLAMATION PROJECTS › Section 4VAC25-145-20 - Operator requirements

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				Operators must demonstrate relevant mining experience in order to bid on or be
				awarded contracts for any reclamation project in the Commonwealth. An operator
				may demonstrate satisfactory mining and reclamation work to the division by
				showing (i) that the operator has obtained partial or complete bond release on
				a coal surface mining permit obtained pursuant to Chapter 10 (§ 45.2-1000
				et seq.) of Title 45.2 of the Code of Virginia under his control, or that all
				reclamation work on any active permit operated or controlled by the operator is
				up to date; and (ii) that no coal surface mining permit under his control has
				any outstanding violations of any federal, state or local agency's laws, rules,
				regulations or ordinances unless the operator submits proof to the division
				that such violations have been corrected or are being corrected to the
				satisfaction of the agencies citing of such violations.
B. No operator shall be allowed to bid on or
				be awarded contracts for any reclamation project in the Commonwealth if:
1. The director, after opportunity for a
				hearing, finds that the operator controls or has controlled mining operations
				with a demonstrated pattern of willful violations of the Federal Act or State
				Reclamation Program of such nature and duration with such resulting
				environmental damage as to indicate an intent not to comply with the Federal
				Act, P.L. 95-87 or State Reclamation Program.
2. The operator has had a coal surface mining
				permit revoked or suspended and has not been re-instated by the director; has
				had his bond forfeited; or has received an order to show cause why his permit
				should not be revoked or suspended.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 145 - REGULATIONS ON THE ELIGIBILITY OF CERTAIN MINING OPERATORS TO PERFORM RECLAMATION PROJECTS › Section 4VAC25-145-30 - Compliance with other laws and obligations

Current through Register Vol. 40, No. 24, July 15, 2024
A. The operator bidding or seeking to bid on
				reclamation projects shall comply with all other applicable laws, ordinances,
				orders, rules and regulations of any federal, state or local agency with
				jurisdiction over the operator's mining or reclamation activities.
B. The operator shall comply with all
				applicable requirements of the division with regard to bidding on reclamation
				projects in the Commonwealth, excepting any requirements waived by §
				45.2-100 of the Code of Virginia and this regulation.
Statutory Authority: § 45.2-103 of the Code of
					 Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 145 - REGULATIONS ON THE ELIGIBILITY OF CERTAIN MINING OPERATORS TO PERFORM RECLAMATION PROJECTS › Section 4VAC25-145-40 - Financial information; bonding

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				Any operator bidding or seeking to bid on reclamation projects in the
				Commonwealth shall submit prior to the bidding, certification by a certified
				public accountant, that the company has a net worth of at least $1 million in
				order to qualify for 50% reduction in the performance bond. Certification of at
				least $500,000 will qualify the applicant for a reduction of 25% of the
				performance bond. Net worth under $500,000 will not be eligible for any
				adjustment in the bid and performance bond.
B. The director, or his designee, after
				reviewing the information contained in the certification described in
				subsection A of this section, shall adjust the bid and performance bonds
				accordingly unless he has information available to him that would contradict
				the net worth.
Statutory Authority
§§ 45.1-161.3 and 45.1-261.1 of the Code of
					 Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 150 - VIRGINIA GAS AND OIL REGULATION › Part I - Standards of General Applicability › Article 1 - General Information › Section 4VAC25-150-20 - Basis and authority

Current through Register Vol. 40, No. 24, July 15, 2024
This chapter implements the Virginia Gas and Oil Act,
						Chapter 16 (§ 45.2-1600 et seq.) of Title 45.2 of the Code of Virginia.
						The Director of the Department of Energy is authorized to promulgate this
						chapter pursuant to §§ 45.2-103 and 45.2-1629 of the Code of
						Virginia.
Statutory Authority: § 45.2-103 of the Code of
						  Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 150 - VIRGINIA GAS AND OIL REGULATION › Part I - Standards of General Applicability › Article 1 - General Information › Section 4VAC25-150-30 - Other laws, regulations, and ordinances

Current through Register Vol. 40, No. 24, July 15, 2024
Nothing in this chapter shall relieve a permittee of the
						duty to comply with other laws , regulations, and applicable local land use
						ordinances.
Statutory Authority: §§ 45.1-161.3,
						  45.1-361.4, and 45.1-361.27 of the Code of
						  Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 150 - VIRGINIA GAS AND OIL REGULATION › Part I - Standards of General Applicability › Article 1 - General Information › Section 4VAC25-150-40 - Registration

Current through Register Vol. 40, No. 24, July 15, 2024
A. Persons required
					 to register under § 45.2-1639 of the Code of Virginia shall register with
					 the division on a registration form prescribed by the director.
B. Registered persons shall notify the
					 division within 30 days of any change in the information included on the
					 registration form filed in accordance with subsection A of this
					 section.
Statutory Authority: § 45.2-103 of the Code of
						  Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 150 - VIRGINIA GAS AND OIL REGULATION › Part I - Standards of General Applicability › Article 1 - General Information › Section 4VAC25-150-50 - Gas or oil in holes not permitted as a gas or oil well

Current through Register Vol. 40, No. 24, July 15, 2024
In the event any person captures and uses gas or oil and
						does not permit the shaft or hole as a gas or oil well as provided for in this
						chapter, the director shall take appropriate enforcement
						action.
Statutory Authority
§§ 45.1-161.3 and 45.1-361.27 of the Code of
						  Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 150 - VIRGINIA GAS AND OIL REGULATION › Part I - Standards of General Applicability › Article 1 - General Information › Section 4VAC25-150-60 - Due dates for reports and decisions

Current through Register Vol. 40, No. 24, July 15, 2024
A. Where the last day fixed for submitting a
					 request for a hearing or any required report falls on a Saturday, Sunday, or
					 any day on which the Division of Gas and Oil office is closed as authorized by
					 the Code of Virginia or the Governor, the required action may be done on the
					 next day that the office is open.
B. All submittals to or notifications of the
					 Division of Gas and Oil identified in subsection A of this section shall be
					 made to the division office no later than 5 p.m. on the day required by the Act
					 or by this chapter.
Statutory Authority
§§ 45.1-161.3 and 45.1-361.27 of the Code of
						  Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 150 - VIRGINIA GAS AND OIL REGULATION › Part I - Standards of General Applicability › Article 2 - Permitting › Section 4VAC25-150-80 - Application for a permit

Current through Register Vol. 40, No. 24, July 15, 2024
A.
					 Applicability.
1. Persons required in §
					 45.2-1631 of the Code of Virginia to obtain a permit or permit modification
					 shall apply to the division on the forms prescribed by the director. All lands
					 on which gas, oil, or geophysical operations are to be conducted shall be
					 included in a permit application.
2. In addition to specific requirements for
					 variances in other sections of this chapter, any applicant for a variance
					 shall, in writing, document the need for the variance and describe the
					 alternate measures or practices to be used.
3. Prior to accepting an application for a
					 permit to drill for gas or oil in Tidewater Virginia, the department shall
					 convene a pre-application meeting within the locality where the operation is
					 proposed. The pre-application meeting shall ensure those who desire to submit
					 an application are aware of the requirements established in § 62.1-195.1
					 of the Code of Virginia and 9VAC15-20. The department, in conjunction with the
					 Department of Environmental Quality, shall conduct the meeting. The meeting
					 shall be open to the public, and the department shall notify the locality in
					 which the meeting is to take place and adjacent localities. No application for
					 a permit to drill for gas or oil in Tidewater Virginia shall be accepted until
					 the meeting is completed.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 150 - VIRGINIA GAS AND OIL REGULATION › Part I - Standards of General Applicability › Article 2 - Permitting › Section 4VAC25-150-100 - Operations plans

Current through Register Vol. 40, No. 24, July 15, 2024
A. Each
					 application for a permit or permit modification shall include an operations
					 plan, in a format approved by or on a form prescribed by the director. The
					 operations plan and accompanying maps or drawings shall become part of the
					 terms and conditions of any permit which is issued.
B. The operations plan shall describe the
					 specifications for the use of centralizers to ensure casing is centered in the
					 hole. The specifications shall include, at a minimum, one centralizer within 50
					 feet of the water protection string seat and then in intervals no greater than
					 every 150 feet above the first centralizer and are subject to the approval of
					 the director.
C. The applicant
					 shall indicate how risks to the public safety or to the site and adjacent lands
					 are to be managed, consistent with the requirements of § 45.2-1629 B of
					 the Code of Virginia, and shall provide a short narrative, if pertinent. The
					 operations plan shall identify red zone areas.
Statutory Authority: § 45.2-103 of the Code of
						  Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 150 - VIRGINIA GAS AND OIL REGULATION › Part I - Standards of General Applicability › Article 2 - Permitting › Section 4VAC25-150-110 - Permit supplements and permit modifications

Current through Register Vol. 40, No. 24, July 15, 2024
A. Permit supplements.
1. Standard permit supplements. A permittee
					 shall be allowed to submit a permit supplement when work being performed:
a. Does not change the disturbance area as
					 described in the original permit; and
b. Involves activities previously permitted.
The permittee shall submit written documentation of the
						changes made to the permitted area no later than 30 days after completing the
						change. All other changes to the permit shall require a permit modification in
						accordance with § 45.2-1631 of the Code of Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 150 - VIRGINIA GAS AND OIL REGULATION › Part I - Standards of General Applicability › Article 2 - Permitting › Section 4VAC25-150-120 - Transfer of permit rights

Current through Register Vol. 40, No. 24, July 15, 2024
A.
					 Applicability.
1. No transfer of rights
					 granted by a permit shall be made without prior approval from the
					 director.
2. Any approval granted
					 by the director of a transfer of permit rights shall be conditioned upon the
					 proposed new operator complying with all requirements of the Act, this chapter
					 and the permit.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 150 - VIRGINIA GAS AND OIL REGULATION › Part I - Standards of General Applicability › Article 2 - Permitting › Section 4VAC25-150-130 - Notice of permit applications and modifications

Current through Register Vol. 40, No. 24, July 15, 2024
A. Gas, oil or geophysical operators shall
					 provide notice of an application for a permit or permit modification in
					 accordance with § 45.2-1632 of the Code of Virginia, as identified on the
					 "Technical Data Sheet for Permit Applications," prescribed by the
					 director.
B. If notice required
					 under § 45.2-1632 of the Code of Virginia has been sent by certified mail,
					 return receipt requested, and the notice has not been delivered within 15 days
					 of mailing the notice, the director shall consider notice to be given as of the
					 end of the 15-day period and the objection period specified in § 45.2-1637
					 of the Code of Virginia shall commence.
Statutory Authority: § 45.2-103 of the Code of
						  Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 150 - VIRGINIA GAS AND OIL REGULATION › Part I - Standards of General Applicability › Article 2 - Permitting › Section 4VAC25-150-135 - Waiver of right to object to permit applications

Current through Register Vol. 40, No. 24, July 15, 2024
Upon receipt of notice, any person may, on a form
						approved by the director, waive the time requirements and their right to object
						to a proposed permit application. The director shall be entitled to rely upon
						the waiver to approve the permit application.
Statutory Authority
§§ 45.1-161.3 and 45.1-361.27 of the Code of
						  Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 150 - VIRGINIA GAS AND OIL REGULATION › Part I - Standards of General Applicability › Article 2 - Permitting › Section 4VAC25-150-140 - Objections to permit applications

Current through Register Vol. 40, No. 24, July 15, 2024
A. Objections shall be filed in writing, at
					 the office of the division, in accordance with § 45.2-1637 of the Code of
					 Virginia. The director shall notify affected parties of an objection as soon as
					 practicable.
B. If after the
					 director has considered notice to be given under
					 4VAC25-150-130
					 B of this chapter, a person submits an objection with proof of receipt of
					 actual notice within 15 days prior to submitting the objection, then the
					 director shall treat the objection as timely.
C. Objections to an application for a new or
					 modified permit shall contain:
1. The name of
					 the person objecting to the permit;
2. The date the person objecting to the
					 permit received notice of the permit application;
3. Identification of the proposed activity
					 being objected to;
4. A statement
					 of the specific reason for the objection;
5. A request for a stay to the permit, if
					 any, together with justification for granting a stay; and
6. Any other information the person objecting
					 to the permit wishes to provide.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 150 - VIRGINIA GAS AND OIL REGULATION › Part I - Standards of General Applicability › Article 2 - Permitting › Section 4VAC25-150-150 - Hearing and decision on objections to permit applications

Current through Register Vol. 40, No. 24, July 15, 2024
A. In any hearing
					 on objections to a permit application:
1. The
					 hearing shall be an informal fact finding hearing in accordance with the
					 Administrative Process Act, § 2.2-4019 of the Code of Virginia.
2. The permit applicant and any person with
					 standing in accordance with § 45.2-1632 of the Code of Virginia may be
					 heard.
3. Any valid issue in
					 accordance with § 45.2-1637 of the Code of Virginia may be raised at the
					 hearing. The director shall determine the validity of objections raised during
					 the hearing.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 150 - VIRGINIA GAS AND OIL REGULATION › Part I - Standards of General Applicability › Article 2 - Permitting › Section 4VAC25-150-160 - Approval of permits and permit modifications

Current through Register Vol. 40, No. 24, July 15, 2024
A. Permits, permit modifications, permit
					 renewals, and transfer of permit rights shall be granted in writing by the
					 director.
B. The director may not
					 issue a permit, permit renewal, or permit modification prior to the end of the
					 time period for filing objections pursuant to § 45.2-1637 of the Code of
					 Virginia unless, upon receipt of notice, any person may, on a form approved by
					 the director, waive the time requirements and their right to object to a
					 proposed permit application or permit modification application. The director
					 shall be entitled to rely upon the waiver to approve the permit application or
					 permit modification.
C. The
					 director may not issue a permit to drill for gas or oil or approve a permit
					 modification for a well where additional documentation is required pursuant to
					 subdivision B 5 of
					 4VAC25-150-110
					 in Tidewater Virginia until he has collaborated with the Department of
					 Environmental Quality to ensure permit conditions accurately reflect the
					 results from the Department of Environmental Quality's coordinated review of
					 the environmental impact assessment required pursuant to § 62.1-195.1 of
					 the Code of Virginia.
D. The
					 provisions of any order of the Virginia Gas and Oil Board that govern a gas or
					 oil well permitted by the director shall become conditions of the
					 permit.
Statutory Authority: § 45.2-103 of the Code of
						  Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 150 - VIRGINIA GAS AND OIL REGULATION › Part I - Standards of General Applicability › Article 3 - Enforcement › Section 4VAC25-150-170 - Enforcement

Current through Register Vol. 40, No. 24, July 15, 2024
A. The director
					 shall enforce the provisions of the Act, this chapter, 4VAC25 Chapter 160
					 (4VAC25-160-10 et
					 seq.) entitled "The Virginia Gas and Oil Board Regulation," any board order, or
					 any condition of a permit, and may use the following methods:
1. Obtaining voluntary compliance through
					 conference, warning or other means prior to issuing any enforcement notice or
					 order;
2. Issuing notices of
					 violation in accordance with
					 4VAC25-150-180;
3. Issuing closure orders in accordance with
					 4VAC25-150-190;
4. Issuing show cause orders in accordance
					 with
					 4VAC25-150-200;
5. Issuing emergency orders in accordance
					 with § 45.2-1629 of the Code of Virginia; or
6. Any other action in accordance with the
					 Code of Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 150 - VIRGINIA GAS AND OIL REGULATION › Part I - Standards of General Applicability › Article 3 - Enforcement › Section 4VAC25-150-180 - Notices of violation

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
					 director may issue a notice of violation if he finds a violation of any of the
					 following:
1. Chapter 16 (§ 45.2-1600 et
					 seq.) of Title 45.2 of the Code of Virginia;
2. This chapter;
3. 4VAC25-160 entitled "Virginia Gas and Oil
					 Board Regulation";
4. Any board
					 order; or
5. Any condition of a
					 permit, which does not create an imminent danger or harm for which a closure
					 order must be issued under 4VAC5-150-190.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 150 - VIRGINIA GAS AND OIL REGULATION › Part I - Standards of General Applicability › Article 3 - Enforcement › Section 4VAC25-150-190 - Closure orders

Current through Register Vol. 40, No. 24, July 15, 2024
A. The director
					 shall immediately order a cessation of operations or of the relevant portion
					 thereof, when he finds any condition or practice which:
1. Creates or can be reasonably expected to
					 create an imminent danger to the health or safety of the public, including
					 miners; or
2. Causes or can
					 reasonably be expected to cause significant, imminent, environmental harm to
					 land, air or water resources.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 150 - VIRGINIA GAS AND OIL REGULATION › Part I - Standards of General Applicability › Article 3 - Enforcement › Section 4VAC25-150-200 - Show cause orders

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
					 director may issue a show cause order to a permittee requiring justification
					 for why his permit should not be suspended or revoked whenever:
1. A permittee fails to abate a condition or
					 practice or complete any interim step as required in a closure order;
2. A permittee fails to comply with the
					 provisions of 4VAC25-160 entitled "Virginia Gas and Oil Board Regulation";
					 or
3. A permittee fails to comply
					 with the provisions of an order issued by the Virginia Gas and Oil
					 Board.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 150 - VIRGINIA GAS AND OIL REGULATION › Part I - Standards of General Applicability › Article 4 - Reporting › Section 4VAC25-150-210 - Monthly reports

Current through Register Vol. 40, No. 24, July 15, 2024
A. Each producer
					 shall submit a monthly report, on a form prescribed by the director or in a
					 format approved by the director to the division no later than 90 days after the
					 last day of each month.
B. Reports
					 of gas production.
1. Every producer of gas
					 shall report in Mcf the amount of production from each well.
2. Reports shall be summarized by county or
					 city.
3. Reports shall provide the
					 date of any new connection of a well to a gathering pipeline or other marketing
					 system.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 150 - VIRGINIA GAS AND OIL REGULATION › Part I - Standards of General Applicability › Article 4 - Reporting › Section 4VAC25-150-220 - Annual reports

Current through Register Vol. 40, No. 24, July 15, 2024
A. Each
					 permittee shall submit a calendar-year annual report to the division by no
					 later than March 31 of the next year.
B. The annual report shall include as
					 appropriate:
1. A confirmation of the accuracy
					 of the permittee's current registration filed with the division or a report of
					 any change in the information;
2.
					 The name, address and phone number or numbers of the persons to be contacted at
					 any time in case of an emergency;
3. Production of gas or oil on a well-by-well
					 and county-by-county or city-by-city basis for each permit or as prescribed by
					 the director and the average price received for each Mcf of gas and barrel of
					 oil;
4. Certification by the
					 permittee that the permittee has paid all severance taxes for each
					 permit;
5. When required, payment
					 to the Gas and Oil Plugging and Restoration Fund as required in §
					 45.2-1634 of the Code of Virginia; and
6. Certification by the permittee that bonds
					 on file with the director have not been changed.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 150 - VIRGINIA GAS AND OIL REGULATION › Part I - Standards of General Applicability › Article 5 - Technical Standards › Section 4VAC25-150-230 - Commencement of activity

Current through Register Vol. 40, No. 24, July 15, 2024
A. Gas, oil
					 or geophysical activity commences with ground-disturbing activity.
B. A permittee shall notify the division at
					 least 48 hours prior to commencing ground-disturbing activity, drilling a well
					 or corehole, completing or recompleting a well or plugging a well or corehole.
					 The permittee shall notify the division, either orally or in writing, of the
					 operation name and the date and time that the work is scheduled to commence.
					 Should activities not commence as first noticed, the permittee shall make every
					 effort to update the division and reschedule the commencement of activity,
					 indicating the specific date and time the work will be commenced.
C. For dry holes and in emergency situations,
					 the operator shall notify the division, orally or in writing, within 48 hours
					 of commencing plugging activities.
Statutory Authority
§§ 45.1-161.3 and 45.1-361.27 of the Code of
						  Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 150 - VIRGINIA GAS AND OIL REGULATION › Part I - Standards of General Applicability › Article 5 - Technical Standards › Section 4VAC25-150-240 - Signs

Current through Register Vol. 40, No. 24, July 15, 2024
A. Temporary signs.
					 Each permittee shall keep a sign posted at the point where the access road
					 enters the permitted area of each well or corehole being drilled or tested,
					 showing the name of the well or corehole permittee, the well name and the
					 permit number, the telephone number for the Division of Gas and Oil and a
					 telephone number to use in case of an emergency or for reporting problems.
The sign shall be posted from the commencement of
						construction until:
1. The well is
					 completed;
2. The dry hole or
					 corehole is plugged;
3. The site is
					 stabilized; or
4. The permanent
					 sign is posted.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 150 - VIRGINIA GAS AND OIL REGULATION › Part I - Standards of General Applicability › Article 5 - Technical Standards › Section 4VAC25-150-250 - Blasting and explosives

Current through Register Vol. 40, No. 24, July 15, 2024
A.
					 Applicability. This section governs all blasting on gas, oil or geophysical
					 sites, except for:
1. Blasting being
					 conducted as part of seismic exploration where explosives are placed and shot
					 in a borehole to generate seismic waves; or
2. Use of a device containing explosives for
					 perforating a well.