§ 45.2-618. Design and construction of retaining dam or mine refuse impoundment; designs and other data to be submitted to Chief
A. Any new retaining dam or mine refuse impoundment, or the modification of an existing retaining dam or mine refuse impoundment, shall be designed and constructed by or under the direction of a licensed professional engineer. Such requirement shall only apply to a mine refuse impoundment if it is designed to impound water, coal slurry, […]
§ 45.2-619. Examination of retaining dam or mine refuse impoundment; potentially hazardous condition; plans to be submitted by operators
A. Each retaining dam or mine refuse impoundment shall be examined by an authorized person, as defined in § 45.2-501, at least every seven days or as otherwise approved by the Chief. Each such retaining dam or mine refuse impoundment shall be examined for compliance with approved design and maintenance requirements, visible structural weakness, volume […]
§ 45.2-620. Emergency notification and evacuation plan
A. On or before July 1 of each year, the operator of any retaining dam or mine refuse impoundment that meets the criteria of subsection A of § 45.2-618 shall submit to the Chief an emergency notification and evacuation plan. If there are no changes to a plan at the time the updated plan is […]
§ 45.2-615. Restoration of property to owner or operator
A. Whenever (i) the owner or operator engaged in the business of the mining, production, or marketing of coal whose property has been acquired by the Commission notifies the Commission in writing that he can and will resume operation and render normal service, and satisfies the Commission of the correctness of such notice, or (ii) […]
§ 45.2-616. Article subject to provisions of general law
The provisions of this article are subject to all of the provisions of general law applicable to coal mining operations. Code 1950, § 45-154; 1950, p. 33; 1966, c. 594, § 45.1-154; 1994, c. 28, § 45.1-161.318; 2021, Sp. Sess. I, c. 387.
§ 45.2-617. Definitions
As used in this article, unless the context requires a different meaning: “Coal refuse” means waste material resulting from the mining and screening or processing of coal. “Coal slurry” means waste water and impurities produced as the result of coal washing and preparation of coal for market, containing a combination of coal, shale, claystone, siltstone, […]
§ 45.2-613. Proceedings for condemnation
A. Proceedings for condemnation pursuant to this article shall be instituted and conducted in the name of the Commission, and the procedure shall, except as altered by the provisions of this article, be carried out as provided in Chapter 3 (§ 25.1-300 et seq.) of Title 25.1. B. The proceedings for condemnation shall be by […]
§ 45.2-614. Expense of acquiring and operating coal property; funds derived from operation
The expense of acquiring and operating any property acquired under this article shall be paid out of moneys transferred from the general fund that are not otherwise appropriated. Such transfer shall be made upon such authorization as the Governor prescribes and shall be credited to the account of the Commission, and all funds and revenues […]
§ 45.2-612. Negotiating purchase or lease of coal properties
Whenever the Governor proclaims that an emergency exists under this article and appoints the Virginia Fuel Commission pursuant to § 45.2-611, the Commission shall make a bona fide attempt to negotiate the purchase or lease of the coal property of any person engaged in the mining, production, or marketing of coal as the Commission deems […]
§ 45.2-609. Interruption of public uses; proclamation of emergency; seizure
When in the judgment of the Governor there exists a substantial interruption or an imminent threat of a substantial interruption of public uses, he shall proclaim that an emergency exists in the Commonwealth that endangers the health, safety, and welfare of its people and the enjoyment of the public and private property within its borders. […]