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

As used in this chapter, unless the context requires a different meaning: "Board" means the State Water Control Board. "Correlative right" means the right of each geothermal owner in a geothermal system to produce without waste his just and equitable share of the geothermal resou…

The provisions of this chapter regarding (i) permitting, well regulations, reservoir management, and allocation apply to geothermal resources at temperatures above the minimum temperature set forth by the Department pursuant to § 45.2-2004 and (ii) leasing requirements, royalties…

Ownership rights to a geothermal resource are in the owner of the surface property underlain by the geothermal resource unless such rights have been otherwise explicitly reserved or conveyed. Nothing in this section shall divest the people or the Commonwealth of any rights, title…

Geothermal resources are found and hereby declared to be sui generis, being neither mineral resources nor water resources. No mineral estate shall be construed to include geothermal resources unless such inclusion is explicit in the terms of the deed or other instrument of convey…

A. The Department has jurisdiction and authority over all persons and property, public and private, necessary to enforce the provisions of this chapter and has the power and authority to make and enforce regulations and orders and do whatever is reasonably necessary to carry out …

The Department, the Board, and the State Department of Health shall jointly develop and revise as necessary a policy on reinjection of spent geothermal fluids. Such policy shall refer to the reinjection into the ground of waters extracted from the earth in the process of geotherm…

If the Department determines, after a public hearing held in conjunction with the Board, that a holder of a permit issued pursuant to the provisions of this chapter has willfully violated any provision of such permit or any provision of this chapter, the Department may cancel or …

A. Any person who violates any provision of this chapter is guilty of a misdemeanor, punishable by a civil penalty of not less than $10 or more than $250 for each violation. B. In addition, upon violation of any provision of this chapter or regulation of the Department adopted pu…

Any person aggrieved by a final decision of the Department pursuant to the provisions of § 45.2-2006 is entitled to judicial review of such final decision in accordance with the provisions of the Administrative Process Act (§ 2.2-4000 et seq.).

As used in this chapter, unless the context requires a different meaning: "Authority" means the Virginia Nuclear Energy Consortium Authority established pursuant to this chapter. "Board" means the board of directors of the Authority. "Consortium" means the Virginia Nuclear Energy…

A. The Department and the Secretaries of Commerce and Trade and Education shall work in coordination with the Authority, established pursuant to Article 2 (§ 45.2-2102), and the Virginia Economic Development Partnership Authority, established pursuant to Article 4 (§ 2.2-2234 et …

There is hereby established a political subdivision of the Commonwealth known as the Virginia Nuclear Energy Consortium Authority. The Authority's exercise of powers conferred by this article shall be deemed to be the performance of an essential governmental function and matters …

A. The Authority is established for the purposes of making the Commonwealth a national and global leader in nuclear energy and serving as an interdisciplinary study, research, and information resource for the Commonwealth on nuclear energy issues. B. The Authority is granted all …

A. The Authority shall be governed by a board of directors consisting of 17 members appointed as follows: 1. The Director or his designee; 2. The President and Chief Executive Officer of the Virginia Economic Development Partnership or his designee; 3. The Chancellor of the Virgi…

A. The Board shall provide for the formation, by January 1, 2014, of a nonstock corporation under Chapter 10 (§ 13.1-801 et seq.) of Title 13.1, not organized for profit, that shall include in its name the words "Virginia Nuclear Energy Consortium" or some variation thereof that …

All moneys of the Authority, from whatever source derived, shall be paid to the treasurer of the Authority. Such moneys shall be deposited in the first instance by the treasurer in one or more banks or trust companies, in one or more special accounts. All banks and trust companie…

A. The Auditor of Public Accounts, or his legally authorized representatives, shall annually audit the financial accounts of the Authority. The audit report and any nonproprietary information provided to the auditor in connection with the audit shall be made available to the publ…

As used in this article, unless the context requires a different meaning: "Exploration activity" means and is limited to the drilling of test holes or stratigraphic or core holes of a depth in excess of 50 feet for the purpose of determining the location, quantity, or quality of …

The Director shall, in accordance with the Administrative Process Act (§ 2.2-4000 et seq.), adopt regulations as may be necessary and proper to carry out the provisions of this article.

A. It is unlawful for any person to commence any exploration activity without first obtaining a permit to do so from the Director. The application for the permit shall be in a form the Director prescribes and shall be accompanied by a fee of $250 and by any other information requ…

Before undertaking any exploration activity on any tract of land, the person proposing the exploration activity shall prepare or have prepared and file with the Director, together with the application required by § 45.2-2110, an accurate map, on a scale stated thereon, showing th…

Within 45 days after the abandonment of any exploration hole, the permittee shall notify the Director that such exploration hole has been plugged and abandoned, giving the location of the hole. The permittee shall submit an affidavit setting forth the time and manner in which the…

The plugging of an exploration hole shall be as follows: 1. Each exploration hole shall be adequately plugged with cement from the bottom of the hole upward to a point three feet below plow depth. The remainder of the hole between the top of the plug and the surface shall be fill…

If any exploration hole drilled for the purpose of determining the location, quantity, or quality of uranium ore indicates a stratum or source of potable fresh water that could be developed pursuant to established U.S. Environmental Protection Agency safe drinking water standards…

For the purposes of carrying out the provisions of this article, the Director is hereby vested with authority to inspect at reasonable times and in a reasonable manner any area for which he has received an application for a permit, or has granted a permit, for exploration activit…

Notwithstanding any other provision of law, no application for a uranium mining permit shall be accepted by any agency of the Commonwealth until a program for permitting uranium mining is established by statute. For the purpose of construing the definition of "mining" in § 45.2-1…

Nothing in this article shall be construed to alter the authority of any state or local governing body, including any authority conferred under Chapter 22 (§ 15.2-2200 et seq.) of Title 15.2, relating to any matter that is the subject of this article.

A. The Director shall hold confidential all logs, surveys, plats, and reports filed under this article by any person engaged in the exploration for uranium for a period of two years after the completion of the exploratory activities. B. Upon written request by any person engaged …

A. Any person who violates any provision of this article, or who fails, neglects, or refuses to comply with any regulation adopted by the Director or final order of a court lawfully issued, shall be subject to a civil penalty not to exceed $10,000 for each violation. Each day of …

A. By December 1, 2026, the Department, in consultation with the Department of Environmental Quality and the Department of Fire Programs, shall develop model ordinances suggested for use by localities in their regulation of energy storage projects, as described in subsection E of…