Title 45.2, Title 45.2. Mines, Minerals, and Energy

A. In addition to any other remedies provided for in this chapter, the Director may petition any court of competent jurisdiction for an injunction to restrain any interference with the exercise of the right to enter or to conduct any work pursuant to this chapter. B. The Director…

There is hereby created in the state treasury a special nonreverting fund to be known as the Coal Surface Mining Reclamation Fund, referred to in this article as "the Fund." The Fund shall be established on the books of the Comptroller. All payments made into the Fund in accordan…

A. Participation in the Fund is open to any operator applying for a permit under this chapter who can demonstrate to the Director a history of at least three consecutive years of compliance under this chapter or any other comparable state or federal act. B. Participation in the F…

A. Any operator filing a permit application for a coal surface mining operation participating in the pool fund shall pay into the Fund, as an entrance fee, a sum equal to $1,000 for each applicable permit application. An entrance fee of $5,000 shall be required of each operator w…

A. There is hereby levied a reclamation tax upon the production of coal by each operator participating in the Fund under a permit issued under this chapter as set forth in this article. B. Thirty days after the end of each calendar quarter during which the total balance of the Fu…

A. In addition to the tax assessed pursuant to § 45.2-1046, and in order to ensure Fund solvency, the Director of the Division shall require each permittee to pay any special assessment made pursuant to subsection B. B. On and after July 1, 1990, the Director of the Division shal…

A. Payment of taxes under this section shall be made no later than 30 days after the end of each calendar quarter when taxes are applicable in accordance with § 45.2-1046. The Division shall notify each operator holding a permit under this chapter of those periods during which th…

A. Forfeiture of bonds of an operation participating in the Fund shall be accomplished as set forth in § 45.2-1023 and the regulations adopted by the Director. B. In addition to forfeiture, the Director may proceed against the permittee of a surface coal mining operation under th…

A. An operator who has defaulted on any reclamation obligation and has thereby caused the Fund to incur reclamation expenses shall not be eligible to participate in the Fund thereafter until restitution for such default has been made. Compliance with this requirement shall be a p…

A. The Coal Surface Mining Reclamation Fund Advisory Board (the Advisory Board) is established as an advisory board in the executive branch of state government. The purpose of the Advisory Board is to formulate recommendations for the Director concerning oversight of the general …

For purposes of this title, this chapter and Chapters 14 (§ 45.2-1400 et seq.) and 15 (§ 45.2-1500 et seq.) shall be known as the Mineral Mine Safety Act.

As used in the Mineral Mine Safety Act and in regulations adopted under the Act, unless the context requires a different meaning: "Abandoned area" means the inaccessible area of an underground mine that is sealed or ventilated and in which further mining is not intended. "Acciden…

In safety and health, all mineral miners are to be governed by the Act, Article 1 (§ 45.2-1300 et seq.) of Chapter 13, any other section of the Code relating to the safety and health of miners, and regulations adopted by the Department.

The operator of a mine may adopt special safety rules for the safety and operation of his mine regarding the work pertaining thereto inside and outside of the mine. Such rules, however, shall not conflict with the provisions of the Act. Such rules, if established, shall be posted…

A. No person under 18 years of age shall be permitted to work in any mine. B. The Department shall conform to § 212 of the federal Fair Labor Standards Act, 29 U.S.C. § 201 et seq., and federal regulations adopted pursuant to that Act with respect to any person under 18 years of …

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 ma…

It is the duty of each operator or agent to keep on hand at all times at each mine, or within convenient distance of each mine, a sufficient quantity of all materials and supplies required to preserve the safety of miners working in any area in which the operator is responsible f…

A. The operator and his agent shall cooperate with the mine foreman, competent person, and other officials in the discharge of their duties as required by the Act. Such operator and agent shall direct all miners to comply with all provisions of the Act, especially when the attent…

A. Neither the Director nor any other officer or employee of the Department shall, upon taking office or being employed, or at any other time during the term of his office or employment, have any affiliation with any operating company, operators' association, or labor union or fa…

A. Each mine inspector shall be appointed by the Director. B. Each mine inspector shall hold a certificate as a mine inspector issued by the Department and possess appropriate qualifications as determined by the Director.

Each mine inspector conducting inspections of mineral mines shall have a thorough knowledge of the various systems of working and ventilating underground mineral mines and working surface mineral mines, the control of mine roof and ground control, methods of rescue and recovery i…

A. The Director shall (i) supervise the execution and enforcement of all laws pertaining to the safety and health of persons employed within or at mineral mines within the Commonwealth and the protection of property used in connection therewith and (ii) perform all other duties r…

The Director may appoint technical specialists in the areas of roof control, electricity, ventilation, and other mine specialties. Each technical specialist shall have all the qualifications of a mine inspector plus any specialized knowledge required in his field. A technical spe…

The Director of the Division shall preserve in his office a record of the meetings and transactions of the Board of Mineral Mining Examiners and of all certificates issued by the Board.

A. The Department may require certification of each person who works in a mineral mine or whose duties and responsibilities in relation to mineral mining require competency, skill, or knowledge in order to perform the tasks required of him in a manner consistent with the preserva…

A. The Department may require the examination of each applicant for certification. The Department shall require the examination of each applicant for a mine inspector certification. The Department may require such other information from an applicant as necessary to ascertain comp…

It is unlawful for any person to perform any task requiring Department certification unless he has been certified. It is unlawful for an operator or his agent to permit any uncertified person to perform such task. A violation of this section constitutes a Class 1 misdemeanor. Eac…

A. A fee of $10 shall be paid to the Director by each person examined before the commencement of the examination. B. There is hereby created in the state treasury a special nonreverting fund to be known as the Mineral Mining Examiners' Fund, referred to in this section as "the Fu…

In lieu of conducting an examination prescribed by law or regulation, the Department may issue to any person holding a certificate issued by another state a certificate permitting him to perform similar tasks in the Commonwealth so long as (i) the Department finds that the requir…

The holder of any certificate issued by the Department, other than a general mineral miner certificate or a mineral mine inspector certificate, may renew the certificate by successfully completing the examination for the renewal of such certificate. The Department shall establish…

A. The Department may revoke any certificate upon finding that (i) the holder has (a) been intoxicated while on duty; (b) neglected his duties; (c) violated any provision of the Act or any other mineral mining law of the Commonwealth, including any regulation adopted by the Depar…

The holder of a certificate revoked pursuant to § 45.2-1120 is entitled to examination by the Department after a period of three months has elapsed from the date of revocation of the certificate if he can prove to the satisfaction of the Department that the cause for revocation o…

A. Every person beginning work in a mineral mine subsequent to January 1, 1997, shall hold a general mineral miner certificate issued by the Board of Mineral Mining Examiners or the Department. Any person who has worked in a mineral mine in the Commonwealth prior to that date may…

A. At any mineral mine where three or more persons work at the same time during any part of a 24-hour period, the licensed operator or independent contractor engaged in the extraction or processing of minerals shall employ a mine foreman. Only a person holding a foreman certifica…

A. No person shall engage in the operation of any mineral mine within the Commonwealth without first obtaining a license from the Department. Licenses shall be in a form that the Director prescribes. The license for each mine shall be posted in a conspicuous place near the main e…

A. Each application for a mineral mine license or a renewal or transfer of a license shall be submitted to the Department, accompanied by a fee of $400 payable to the State Treasurer, except an application submitted electronically, which shall be accompanied by a fee of $330. How…

A. Each application for a license shall be submitted by the person who will be the licensed operator of the mine. No application for a license or a renewal thereof is complete unless it contains the following: 1. The identity of the applicant. The applicant shall state (i) the na…

A. The Director may deny an application for, or revoke a license for, the operation of a mineral mine upon determining that the applicant, the licensed operator, or the agent of such applicant or operator has committed violations of the mine safety laws of the Commonwealth that d…

A. In addition to any other power conferred by law, the Director or his designated representative may issue an order closing any mineral mine that is operating without a license. The procedure for issuing a closure order shall be as provided in § 45.2-1158. B. Any person operatin…

A. The licensed operator of each mine or his agent shall annually, by February 15, mail or deliver to the Department a report for the 12 months ending prior to the preceding January 1. Such report shall state (i) the names of the licensed operator, any agent, and their officers o…

A. The licensed operator or his agent shall send notice of intent to abandon or discontinue the working of an underground mine for a period of 30 days, or a surface mine for a period of 60 days, to the Department at least 10 days prior to discontinuing the working of a mine with …

A. Prior to commencing mining activity, the licensed operator of a mineral mine or his agent shall submit, unless already submitted, an accurate map of such mine. The scale of such map shall be stated thereon and shall be between 100 feet and 400 feet to the inch. Such map shall …

A. If a licensed mine operator or his agent neglects or fails to furnish to the Director a copy of any map or extension thereof, as provided in § 45.2-1131, the Director may cause a correct survey and map of such mine or extension to be made at the expense of the licensed operato…

It is unlawful for any person responsible for making any map or other data to be furnished pursuant to the Act to (i) fail to correctly show, within the limits of error, the data required or (ii) knowingly make any false statement or return in connection with such map or other da…

The Director is hereby authorized to purchase, equip, and operate for the use of the Department any mine rescue and first aid stations he determines necessary for the adequate provision of mine rescue and recovery services at all mines in the Commonwealth.

The Director may have trained and employed at the mine rescue and first aid stations operated by the Department within the Commonwealth the mine rescue teams that he determines necessary. Each member of a mine rescue team shall devote four hours each month for training purposes a…