§ 45.2-2006. Cancellation or suspension of permit
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 suspend such permit for cause or impose limitations […]
§ 45.2-2007. Penalties; injunctions
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 pursuant to this chapter, the Department […]
§ 45.2-2008. Judicial review
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.). 1981, c. 506, § 45.1-179.11; 1986, c. 615; 2021, Sp. Sess. I, c. 387.
§ 45.2-2005. Reinjection policy
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 geothermal development, production, or utilization. 1981, c. 506, § 45.1-179.8; […]
§ 45.2-2002. Ownership
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, or interest they might have in any geothermal resource. 1981, c. […]
§ 45.2-2003. Findings; clarification of nature of the resource
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 conveyance. 1981, c. 506, § 45.1-179.5; 2021, Sp. Sess. I, c. 387.
§ 45.2-2004. Powers and duties of the Department
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 provisions of this chapter. Any regulations adopted by the […]
§ 45.2-2001. Application
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, or severance taxes apply to geothermal resource applications producing more than the volumetric rate set forth by […]
§ 45.2-1917. Low-to-Moderate Income Solar Loan and Rebate Pilot Program
A. The Board, with the approval of the Director, shall develop and establish a Low-to-Moderate Income Solar Loan and Rebate Pilot Program and rules for the loan or rebate application process. The Program shall be open to any Virginia resident whose household income is at or below 80 percent of the state median income or […]
§ 45.2-2000. Definitions
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 resources in the geothermal system. “Geothermal energy” means the usable energy […]