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Virginia Statutes, Title 45.2

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Title 45.2, Mines, Minerals, and Energy

23 chapters · 639 sections in this title.

All chapters in Title 45.2639 Ch 5, Coal Mine Safety Act.82 Ch 7, Requirements Applicable to Undergrou…77 Ch 11, Mineral Mine Safety Act.68 Ch 8, Requirements Applicable to Undergrou…64 Ch 10, Virginia Coal Surface Mining Control…53 Ch 16, Virginia Gas and Oil Act.50 Ch 12, Permits for Certain Mining Operation…44 Ch 9, Requirements Applicable to Surface C…40 Ch 17, Other Sources of Energy Generally; E…37 Ch 1, Administration.24 Ch 6, Coal Mining Property, Interests, Adj…21 Ch 21, Nuclear Energy.20 Ch 18, Wind Energy.14 Ch 20, Geothermal Energy.9

639 sections·Filtered byTitle 45.2✕

Va. Code Ann. § 45.2-518 Records of the Board
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The Chief shall preserve in his office a record of the meetings and transactions of the Board of Coal Mining Examiners and of all certificates issued by the Board.
Va. Code Ann. § 45.2-519 Nominations for the Board
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Nominations for appointments to the Board of Coal Mining Examiners may be submitted to the Governor by the Director and each organization of coal miners and coal industry interests in the Commonwealth. Nominations are to be made to the Governor by June 1 of the year in which the …
Va. Code Ann. § 45.2-520 Certification of certain persons employed in coal mines; powers and duties of the Board
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A. The Board of Coal Mining Examiners may require certification of persons who work in coal mines and persons whose duties and responsibilities in relation to coal mining require competency, skill, or knowledge in order to perform in a manner consistent with the preservation of t…
Va. Code Ann. § 45.2-521 Examinations required for Coal Mining Certifications
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A. The Board of Coal Mining Examiners may require the examination of an applicant for certification; however, the Board shall require the examination of an applicant for the mine inspector certification. The Board may require other information from each applicant as necessary to …

Va. Code Ann. § 45.2-522 Performance of certain tasks by uncertified persons; penalty

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It is unlawful for any person to perform any task requiring certification by the Board of Coal Mining Examiners unless he has been certified. It is also unlawful for an operator or his agent to permit any uncertified person to perform such task. A violation of this section consti…

Va. Code Ann. § 45.2-523 Coal Mining Examiners' Fund

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There is hereby created in the state treasury a special nonreverting fund to be known as the Coal Mining Examiners' Fund, referred to in this section as "the Fund." The Fund shall be established on the books of the Comptroller. All fees collected pursuant to § 45.2-524, together …

Va. Code Ann. § 45.2-524 Examination fees

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A reasonable fee in an amount set by the Board of Coal Mining Examiners, not to exceed $50, shall be paid to the Chief by each person examined before the commencement of the examination. Fees collected shall be deposited in the Coal Mining Examiners' Fund created by § 45.2-523.

Va. Code Ann. § 45.2-525 Replacement of lost or destroyed certificates

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If any certificate issued by the Board of Coal Mining Examiners is lost or destroyed, the Chief may supply a copy such certificate to the person to whom it was issued, upon the payment of a reasonable fee in an amount set by the Board not to exceed $10, so long as it has been est…

Va. Code Ann. § 45.2-526 Reciprocal acceptances of other certifications

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A. In lieu of conducting an examination prescribed by law or regulation, the Board of Coal Mining Examiners 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 Board fi…

Va. Code Ann. § 45.2-527 Continuing education requirements

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A. The Board of Coal Mining Examiners shall adopt regulations establishing requirements for programs of continuing education for holders of certificates. The Board shall establish (i) the content and amount of continuing education to be required for maintaining certification, (ii…

Va. Code Ann. § 45.2-528 Board action; suspend, revoke, or take other action

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A. The Board of Coal Mining Examiners may suspend, revoke, or take other action regarding any certificate upon finding that (i) the holder has (a) failed to comply with the continuing education requirements within the period following the suspension of the certificate as provided…

Va. Code Ann. § 45.2-529 Reexamination

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The holder of a certificate revoked pursuant to § 45.2-528 shall be entitled to examination by the Board of Coal Mining Examiners after three months have elapsed from the date of revocation of the certificate if he can prove to the satisfaction of the Board that the cause for rev…

Va. Code Ann. § 45.2-530 General coal miner certification

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A. Every person working in a coal mine in the Commonwealth shall hold a general coal miner certificate issued by the Board of Coal Mining Examiners. The Board of Coal Mining Examiners shall issue a general coal miner certificate upon submittal of a complete application. B. Each a…

Va. Code Ann. § 45.2-531 First-class mine foreman certification

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A. The operator of any coal mine where three or more persons work during any part of a 24-hour period shall employ a mine foreman. The operator shall employ as a mine foreman only a person holding a first-class mine foreman certificate. The holder of such certificate shall presen…

Va. Code Ann. § 45.2-532 Surface foreman certification

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A. An applicant for a surface foreman certificate shall be at least 23 years of age and have had at least five years of experience in a coal mine, at least three years of which shall have been in a surface coal mine. A graduate of an approved course in mining engineering at a bac…

Va. Code Ann. § 45.2-533 Chief electrician certification

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Each applicant for a chief electrician certificate shall demonstrate to the Board of Coal Mining Examiners by written and oral examination that he has a thorough knowledge of the theory and practice of electricity that pertains to coal mining. In addition, each applicant shall pa…

Va. Code Ann. § 45.2-534 Top person certification

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Each applicant for a top person certificate shall demonstrate to the Board of Coal Mining Examiners by written and oral examination that he has a thorough knowledge of the theory and practice of shaft and slope mine construction. In addition, each applicant shall pass the examina…

Va. Code Ann. § 45.2-535 License required for operation of a coal mine; term

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A. No person shall engage in the operation of any coal mine within the Commonwealth without first obtaining a license for the operation of a coal mine from the Department. A license for the operation of a coal mine shall be required prior to commencement of the operation of a min…

Va. Code Ann. § 45.2-536 Coal Mine Operator License Fund

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There is hereby created in the state treasury a special nonreverting fund to be known as the Coal Mine Operator License Fund, referred to in this section as "the Fund." The Fund shall be established on the books of the Comptroller. All fees collected pursuant to the provisions of…

Va. Code Ann. § 45.2-537 Application for license for the operation of a coal mine

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A. An application for a license for the operation of a coal mine shall be submitted by the person who will be the operator of the mine. No application for a license or a renewal thereof shall be considered complete unless it contains the following: 1. The identity of the operator…

Va. Code Ann. § 45.2-538 Denial or revocation of license for the operation of a coal mine

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A. The Chief may revoke a license for the operation of a coal mine or deny an application for the issuance of a license for the operation of a coal mine upon determining that the applicant, the operator, or the operator's agent has committed violations of the mine safety laws of …

Va. Code Ann. § 45.2-539 Operating without license; penalty

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A. In addition to any other power conferred by law, the Chief or his designated representative may issue an order closing any coal mine that is operating without a license. The procedure for issuing a closure order shall be as provided in § 45.2-569. B. Any person operating an un…

Va. Code Ann. § 45.2-540 Annual reports; condition to issuance of license following transfer of ownership

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A. The operator of each mine or his agent shall annually, by February 15, mail or deliver to the Department a report for the preceding 12 months ending with December 31. Such report shall state (i) the names of the operator, any agent, and any officers of the mine; (ii) the amoun…

Va. Code Ann. § 45.2-541 Discontinuance of the working of a mine; notices to Department; resumption of mining following discontinuance

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A. The operator or his agent shall send notice of his intent to discontinue the working of an underground coal 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 such intent o…

Va. Code Ann. § 45.2-542 (For contingent effective date, see Acts 2025, cc. 91 and 109, cl. 2) Maps of mines required to be made; contents; extension and preservation; use by Department; release; posting of map

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A. Prior to commencing mining activity, the operator of a coal mine or his agent shall make or cause to be made, unless already made and filed, an accurate map of such mine. Such map shall be submitted to the Chief prior to producing coal at the mine. All maps shall be presented …

Va. Code Ann. § 45.2-543 When the Chief may cause maps to be made; payment by operator

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A. If the operator of any mine or his agent neglects or fails to furnish to the Chief a copy of any map or extension thereof, as provided in § 45.2-542, the Chief may cause a correct survey and map of such mine, or extension of the map, to be made at the expense of the operator o…

Va. Code Ann. § 45.2-544 Making false statements; penalty

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A. It is unlawful for any person charged with the making of maps or other data to be furnished as provided in the Act to fail to correctly show, within the limits of error, the data required. B. Any person who knowingly makes any false statement, representation, or certification …

Va. Code Ann. § 45.2-545 Mine rescue and first aid stations

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

Va. Code Ann. § 45.2-546 Mine rescue teams

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

Va. Code Ann. § 45.2-547 Duty to train teams

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It is the duty and responsibility of the Department to see that every team is properly trained by a qualified instructor of the Department or other person who has a certificate of training from the Department or MSHA.

Va. Code Ann. § 45.2-548 Qualification for team membership; direction of teams

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A. To qualify for membership in a mine rescue team, an applicant shall be an experienced miner and shall pass a physical examination by a licensed physician, physician assistant, or licensed advanced practice registered nurse at least annually. A record that such examination was …

Va. Code Ann. § 45.2-549 Team members to be considered employees of the mine where emergency exists; compensation; workers' compensation

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When engaged in rescue or recovery work during an emergency at a mine, all team members assigned to the work shall be considered, during the period of their work, employees of the mine where the emergency exists and shall be compensated by the operator at the rate established in …

Va. Code Ann. § 45.2-550 Requirements of recovery work

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A. During recovery work and prior to entering any mine, every mine rescue team conducting recovery work shall be properly informed of existing conditions by the operator or his agent in charge. B. Each mine rescue team performing rescue or recovery work with breathing apparatus s…

Va. Code Ann. § 45.2-551 State-designated mine rescue teams

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The Director may, upon the request of an operator or agent who employs a mine rescue team, designate two or more mine rescue teams as "state-designated mine rescue teams." Any team that is certified as a mine rescue team by MSHA under 30 C.F.R. Part 49 shall be eligible to be a s…

Va. Code Ann. § 45.2-552 Mine Rescue Fund

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The Mine Rescue Fund, referred to in this section as "the Fund," is hereby created as a special nonreverting fund in the state treasury. The Fund shall be established on the books of the Comptroller. All moneys collected from operators pursuant to agreements entered into by the D…

Va. Code Ann. § 45.2-553 Inspections; Mine Rescue Coordinator

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A. The Director shall (i) inspect, or cause to be inspected, the rescue station of each state-designated mine rescue team four times each year; (ii) ensure that all rescue stations are adequately equipped; and (iii) ensure that all team members are adequately trained. B. The Dire…

Va. Code Ann. § 45.2-554 Workers' compensation; liability

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A. For the purpose of workers' compensation coverage, during any mine disaster to which a state-designated mine rescue team responds under the provisions of this article or during any training exercise for a state-designated mine rescue team, members of the state-designated team …

Va. Code Ann. § 45.2-555 Reports of explosions and mine fires; procedure

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A. If an explosion or mine fire occurs in a mine, the operator shall notify the Department by the quickest available means. All facilities of the mine shall be made available for rescue and recovery operations and firefighting. B. No work other than rescue and recovery work and f…

Va. Code Ann. § 45.2-556 Operators' reports of accidents; investigations; reports by Department

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A. Each operator shall report promptly to the Department the occurrence at any mine of any accident. The scene of the accident shall not be disturbed pending an investigation, except to the extent necessary to rescue or recover a person, prevent or eliminate an imminent danger, p…

Va. Code Ann. § 45.2-557 Reports of other accidents and injuries

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A. Each miner employed at a mine shall promptly notify his supervisor of any injury received during the course of his employment. B. Each operator shall keep on file a report of each accident, including any accident that does not result in a lost-time injury. Copies of an acciden…

Va. Code Ann. § 45.2-558 Duties of mine inspectors

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Each mine inspector shall: 1. Report to his supervisor immediately by the quickest available means any mine fire or explosion or any accident that results in loss of life or serious personal injury; 2. Proceed immediately to the scene of any accident at any mine under his jurisdi…

Va. Code Ann. § 45.2-559 Frequency of mine inspections

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The Chief shall conduct a complete inspection of each underground coal mine at least every 180 days and of each surface coal mine at least once per year. Additional inspections of coal mines shall be made when deemed appropriate by the Chief based on an evaluation of risks at eac…

Va. Code Ann. § 45.2-560 Evaluation of risks at mines

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A. For the purpose of allocating the resources of the Department to be used for conducting additional inspections, the Department shall develop a procedural policy of scheduling such inspections based on an assessment, to be made at least annually, of the comparative risks at eac…

Va. Code Ann. § 45.2-561 Review of inspection reports and records

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Prior to commencing an inspection of a coal mine, a mine inspector shall review the most recent available report of inspection by MSHA. During the course of a complete inspection of a coal mine, the mine inspector shall comprehensively review the records for the 30-day period pre…

Va. Code Ann. § 45.2-562 Advance notice of inspections; confidentiality of trade secrets

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A. No person shall give advance notice of any mine inspection conducted under the provisions of this title without authorization from the Chief or the Director. B. All information reported to or otherwise obtained by the Chief or the Director or his authorized representative in c…

Va. Code Ann. § 45.2-563 Scheduling of mine inspections

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A. The Chief and the Director shall schedule the inspections of mines under this article, to the extent deemed reasonable and prudent, in order to reduce their chronological proximity to inspections conducted by MSHA. B. The Chief, the Director, and each mine inspector, to the ex…

Va. Code Ann. § 45.2-564 Denial of entry

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No person shall deny the Chief, the Director, or any mine inspector entry upon or through (i) a mine for the purpose of conducting an inspection or (ii) any office at the site where maps or records relating to the mine are located, in accordance with the Act.

Va. Code Ann. § 45.2-565 Duties of operator

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A. The operator or his agent of each mine shall furnish the Chief and any mine inspector proper facilities for entering such mine and making examinations or obtaining information and shall furnish any data or information not of a confidential nature requested by such inspector or…

Va. Code Ann. § 45.2-566 Duties of inspectors

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A. During a complete inspection of a mine, other than an inactive mine, the mine inspector shall inspect, where applicable, the surface plant; all active workings; all active travel ways; entrances to inaccessible worked-out areas; accessible worked-out areas; at least one entry …

Va. Code Ann. § 45.2-567 Inspection reports

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A. Upon completing a mine inspection, a mine inspector shall complete a report regarding such inspection. The inspection report shall show the date of inspection, the condition in which the mine is found, a statement regarding any violations of the Act discovered during the inspe…