Code of Virginia - Title 45.1 Mines And Mining - Chapter 16 Permits For Certain Mining Operations; Reclamation Of Land

  • 45.1-180 Definitions
    The following words and phrases when used in this chapter shall have the meanings respectively ascribed to them in this section except where the context ...
  • 45.1-180.1 Description unavailable
    Repealed by Acts 1974, c. 96. ...
  • 45.1-180.2 Legislative findings; declaration of policy
    A. The General Assembly finds that the mining of minerals within the Commonwealth is an activity that makes a contribution to the standard of living ...
  • 45.1-180.3 Authority of Director; enforcement of chapter by injunction
    A. The authority to promulgate rules and regulations to effectuate the provisions and the policy of this chapter and the authority to adopt definitions for ...
  • 45.1-180.4 Exemption for restricted mining
    Any operator engaging in mining and disturbing less than one acre of land and removing less than 500 tons of minerals at any particular site, ...
  • 45.1-181 Permit required; fee; renewal fee; application; furnishing copy of map, etc., to landowner; approva...
    It shall be unlawful for any operator to engage in any mining operation in Virginia, without having first obtained from the Department a permit to ...
  • 45.1-182 Description unavailable
    Repealed by Acts 1977, c. 312. ...
  • 45.1-182.1 Operations plan; reclamation; policy of Director
    A. The application for a permit shall be accompanied by an operations plan in such form and with such accompanying material as the Director shall ...
  • 45.1-183 Bond of operator
    Each operator at the time of filing his application shall furnish bond on a form to be prescribed by the Director payable to the Department ...
  • 45.1-184 Review of operations plan and reclamation provision by Director; issuance of permit
    Upon receipt of a reasonable operations plan and bond prescribed above, the Director shall review the plan and if it meets with his approval issue ...
  • 45.1-184.1 Application for permit; adjoining landowners; local official
    A. The application for a permit shall be accompanied by a statement showing the names and addresses of the owners of property within one thousand ...
  • 45.1-184.2 Succession of one operator by another at uncompleted project
    Where one operator succeeds another at any uncompleted operation, whether by sale, assignment, lease, merger, or otherwise, the Director may release the first operator from ...
  • 45.1-185 Additional bond to be posted annually; release of previous bond; report of reclamation wor...
    Within ten days following the anniversary date of any permit, the operator shall post additional bond in the amount of no less than $200 nor ...
  • 45.1-186 Description unavailable
    Repealed by Acts 1977, c. 312. ...
  • 45.1-186.1 Notice of noncompliance served on operator
    The Director may cause a notice of noncompliance to be served on the operator whenever the operator fails to obey any order by the Director ...
  • 45.1-186.2 Collection of debts
    The amount by which the cost of reclamation exceeds the amount of the operator's forfeited bond shall constitute a debt of the operator to the ...
  • 45.1-187 Additional bond to cover amended estimate of land to be disturbed
    If, during any operation, it is found that the operator's estimate of the amount of disturbed land for which bond or other security has been ...
  • 45.1-188 Interference with reclamation unlawful; other mining operations on land
    It shall be unlawful for any owner or owners of surface rights or the owner or owners of mineral rights to interfere with the operator ...
  • 45.1-189 Description unavailable
    Repealed by Acts 1977, c. 312. ...
  • 45.1-190 Description unavailable
    Repealed by Acts 1974, c. 312. ...
  • 45.1-191 Penalty for violation of chapter, etc
    Any violation of any provision of this chapter or of any order of the Director shall be a misdemeanor punishable by a maximum fine of ...
  • 45.1-192 Assistance of federal, state and local agencies
    In approving plans of operation and in issuing rules and regulations for reclamation, the Director may avail himself and his Department of the advice, assistance ...
  • 45.1-193 Description unavailable
    Repealed by Acts 1977, c. 312. ...
  • 45.1-193.1 Injunction prohibiting mining operation
    Whenever adverse ecological disruptions or the injurious effects thereof seriously threaten or endanger the health, safety, welfare and property rights of citizens of Virginia, and ...
  • 45.1-194 Appeals to Board of Surface Mining Review
    An appeal from any order, rule or regulation of the Department shall be taken first to the Board of Surface Mining Review hereinafter created. The ...
  • 45.1-195 Board of Surface Mining Review created; membership; terms; vacancies; chairman; duty
    There is hereby created the Board of Surface Mining Review to be composed of three members to be appointed by the Governor, one shall be ...
  • 45.1-196 Appeals from Board of Surface Mining Review
    Any person aggrieved by any opinion issued by the Board shall have the right of appeal to the circuit court of the county in which ...
  • 45.1-197 Local standards and regulations; waiver of application of chapter; review for strict compliance wit...
    Counties, cities and towns may establish standards and adopt regulations dealing with the same subject, provided, however, such standards and regulations shall not be below ...
  • 45.1-197.1 Description unavailable
    Repealed by Acts 1974, c. 96. ...
  • 45.1-197.2 Description unavailable
    Repealed by Acts 1984, c. 590. ...
  • 45.1-197.3 Definition
    For the purpose of this article, the term "orphaned lands" shall mean lands disturbed by surface mining of minerals other than coal operations which were ...
  • 45.1-197.4 Survey; priorities for reclamation
    The Director shall cause a survey to be conducted to determine the extent of the orphaned lands in this Commonwealth and shall establish priorities for ...
  • 45.1-197.5 Agreements with owners or lessees; reclamation by Director
    The Director is authorized to enter into agreements with owners or lessees of orphaned lands when the owners agree to the reclamation of such lands ...
  • 45.1-197.6 Contracts for reclamation
    The Director is authorized to contract with any state agency, federal agency, or private contractor through the Division for the purpose of reclaiming orphaned lands ...
  • 45.1-197.7 Acceptance of federal funds, gifts, etc
    The Director is authorized to accept federal funds or gifts or grants from any source for the purposes of this article and is further authorized ...
  • 45.1-197.8 Creation of Fund
    There is hereby created in the State Treasurer's office a special fund to be known as the Minerals Reclamation Fund, hereinafter referred to as the ...
  • 45.1-197.9 Membership in Fund; payments required
    Each operator who has had five years of satisfactory operation in the Commonwealth under Chapter 16 (§ 45.1-180 et seq.) of this title shall become ...
  • 45.1-197.10 Release of bonds and other securities
    When the size of the Fund shall have reached $400,000, the bonds and other securities previously posted, pursuant to § 45.1-183, by all members shall ...
  • 45.1-197.11 Return of member payments
    Subject to the provisions of § 45.1-197.14, the Director shall return from the Fund to the member, the payments which the member has paid previously ...
  • 45.1-197.12 Revocation of permits; reclamation work
    If a permit which has been issued to a member is revoked pursuant to § 45.1-186.1, then the payments which the member has made to ...
  • 45.1-197.13 Collection of debt where cost of reclamation exceeds member's forfeited payments, etc
    The amount by which the cost of reclamation exceeds the amount of a member's forfeited payments and, if any, the member's bond or other security ...
  • 45.1-197.14 Decreases in size of Fund
    Whenever the size of the Fund shall decrease to less than $250,000 the Director shall suspend the return of payments pursuant to § 45.1-197.11 and ...
  • 45.1-197.15 Order of return of payments
    The return of payments to members shall be in the order in which the Director approves the completion of reclamation pursuant to § 45.1-185. (1978, ...
  • 45.1-197.16 Discontinuance of Fund
    In the event of the discontinuance of the Fund, any amounts remaining in the Fund shall be returned to the members in proportion to the ...
  • 45.1-197.17 Construction of article; Fund used solely for reclamation
    Nothing in this article shall be construed as vesting in any member any right, title or interest in the Fund, or the disposition thereof. The ...
  • 45.1-197.18 Reclamation funding
    An amount equal to the average interest rate earned for all funds in the state treasury as applied to the Fund shall be paid annually ...

Last modified: April 3, 2009