{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/45.2-1000.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/45.2-1000.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/45.2-1000.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/45.2-1000.html"}],"law_id":66688,"edition_id":1,"section_id":66688,"structure_id":15822,"section_number":"45.2-1000","catch_line":" Definitions","history":"1979, c. 290, \u00a7 45.1-229; 1984, c. 590; 2021, Sp. Sess. I, cc. 387, 532.","full_text":"As used in this chapter, unless the context requires a different meaning:\n\t\t“Approximate original contour” means the surface configuration achieved by backfilling and grading the mined area so that the reclaimed area, including any terracing or access road, closely resembles the general surface configuration of the land prior to mining and blends into and complements the drainage pattern of the surrounding terrain, with all highwalls and spoil piles eliminated; water impoundments may be permitted where the Director determines that they are in compliance with the applicable performance standards adopted pursuant to this chapter.\n\t\t“Coal surface mining and reclamation operation” means a surface mining operation and any activity necessary and incidental to the reclamation of such operation.\n\t\t“Coal surface mining operation” means:\n\n1\n\nAny activity conducted on the surface of lands in connection with a surface coal mine or, subject to the requirements of § 45.2-1018, any surface operation and surface impact incident to an underground coal mine, the products of which enter commerce or the operation of which directly or indirectly affects interstate commerce. Such activity includes (i) excavation for the purpose of obtaining coal, including by such common methods as contour, strip, auger, mountaintop removal, box cut, open pit, and area mining; (ii) the use of explosives and blasting; (iii) in situ distillation or retorting, leaching, or other chemical or physical processing; and (iv) the cleaning, concentrating, or other processing or preparation and loading of coal for interstate commerce at or near the mine site. However, such activity does not include the extraction of coal incidental to the extraction of other minerals where coal does not exceed 16 and two-thirds percent of the tonnage of minerals removed for purposes of commercial use or sale, or coal exploration subject to § 45.2-1008; and2\n\nThe area upon which such activity occurs or where such activity disturbs the natural land surface. Such area includes (i) any adjacent land whose use is incidental to any such activity; (ii) all lands affected by the construction of any new road or the improvement or use of any existing road to gain access to the site of such activity and for haulage; and (iii) any excavation, workings, impoundment, dam, ventilation shaft, entryway, refuse bank, dump, stockpile, overburden pile, spoil bank, culm bank, tailings, hole or depression, repair area, storage area, processing area, shipping area, and other area upon which is sited any structure, facility, or other property or materials on the surface, resulting from or incident to such activity.\n\t\t\t“Division” means the Division of Mined Land Repurposing.\n\t\t\t“Federal act” means the federal Surface Mining Control and Reclamation Act of 1977, P.L. 95-87, 91 U.S. Stat. 445.\n\t\t\t“Imminent danger to the health and safety of the public” means the existence in a coal surface mining and reclamation operation of any condition, practice, or violation of a permit or other requirement of this chapter that could reasonably be expected to cause substantial physical harm to a person outside the permit area before such condition, practice, or violation can be abated. A reasonable expectation of substantial physical harm, including death or serious injury, before abatement exists if a rational person, subjected to the same condition or practice giving rise to the peril, would not expose himself to the danger during the time necessary for abatement.\n\t\t\t“Operator” means any person engaging in a coal surface mining operation whether or not such coal is sold within the Commonwealth.\n\t\t\t“Other minerals” means clay, stone, sand, gravel, metalliferous or nonmetalliferous ore, and any other solid material or substance of commercial value excavated in solid form from natural deposits on or in the earth, exclusive of coal and any mineral that occurs naturally in liquid or gaseous form.\n\t\t\t“Permit” means a permit issued by the Director pursuant to state regulations.\n\t\t\t“Permit area” means the area of land indicated on the approved map submitted by the operator with the operator’s application. Such area of land shall be covered by the operator’s bond as required by § 45.2-1016 and shall be readily identifiable by appropriate markers on the site.\n\t\t\t“Permittee” means a person holding any of the following permits issued by the Director: (i) a permit for coal surface mining pursuant to § 45.2-1009, (ii) a permit for coal exploration pursuant to § 45.2-1008, or (iii) a National Pollutant Discharge Elimination System permit pursuant to § 45.2-1029.\n\t\t\t“Person” means any individual, partnership, association, joint venture, trust, company, firm, joint stock company, corporation, other group or combination acting as a unit, or other legal entity.\n\t\t\t“Secretary” means the U.S. Secretary of the Interior.\n\t\t\t“State or local agency” means any department, agency, or instrumentality of the Commonwealth; public authority, municipal corporation, local governmental unit, or political subdivision of the Commonwealth; or department, agency, or instrumentality of any public authority, municipal corporation, local governmental unit, or political subdivision of the Commonwealth; or two or more of any of the aforementioned.\n\t\t\t“State regulations” means the permanent state regulatory program established by this chapter meeting the requirements of the federal act for the regulation of coal surface mining and reclamation operations within the Commonwealth, submitted to the Secretary pursuant to § 503 of the federal act.\n\t\t\t“Unwarranted failure to comply” means the failure of a permittee to (i) prevent the occurrence of any violation of its permit or any requirement of this chapter due to indifference, lack of diligence, or lack of reasonable care or (ii) abate any violation of such permit or requirement of this chapter due to indifference, lack of diligence, or lack of reasonable care.","order_by":null,"text":{"0":{"id":241881,"text":"As used in this chapter, unless the context requires a different meaning:\n\t\t“Approximate original contour” means the surface configuration achieved by backfilling and grading the mined area so that the reclaimed area, including any terracing or access road, closely resembles the general surface configuration of the land prior to mining and blends into and complements the drainage pattern of the surrounding terrain, with all highwalls and spoil piles eliminated; water impoundments may be permitted where the Director determines that they are in compliance with the applicable performance standards adopted pursuant to this chapter.\n\t\t“Coal surface mining and reclamation operation” means a surface mining operation and any activity necessary and incidental to the reclamation of such operation.\n\t\t“Coal surface mining operation” means:","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":"1"},"1":{"id":241882,"text":"Any activity conducted on the surface of lands in connection with a surface coal mine or, subject to the requirements of § 45.2-1018, any surface operation and surface impact incident to an underground coal mine, the products of which enter commerce or the operation of which directly or indirectly affects interstate commerce. Such activity includes (i) excavation for the purpose of obtaining coal, including by such common methods as contour, strip, auger, mountaintop removal, box cut, open pit, and area mining; (ii) the use of explosives and blasting; (iii) in situ distillation or retorting, leaching, or other chemical or physical processing; and (iv) the cleaning, concentrating, or other processing or preparation and loading of coal for interstate commerce at or near the mine site. However, such activity does not include the extraction of coal incidental to the extraction of other minerals where coal does not exceed 16 and two-thirds percent of the tonnage of minerals removed for purposes of commercial use or sale, or coal exploration subject to § 45.2-1008; and","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"","next_prefix":"2"},"2":{"id":241883,"text":"The area upon which such activity occurs or where such activity disturbs the natural land surface. Such area includes (i) any adjacent land whose use is incidental to any such activity; (ii) all lands affected by the construction of any new road or the improvement or use of any existing road to gain access to the site of such activity and for haulage; and (iii) any excavation, workings, impoundment, dam, ventilation shaft, entryway, refuse bank, dump, stockpile, overburden pile, spoil bank, culm bank, tailings, hole or depression, repair area, storage area, processing area, shipping area, and other area upon which is sited any structure, facility, or other property or materials on the surface, resulting from or incident to such activity.\n\t\t\t“Division” means the Division of Mined Land Repurposing.\n\t\t\t“Federal act” means the federal Surface Mining Control and Reclamation Act of 1977, P.L. 95-87, 91 U.S. Stat. 445.\n\t\t\t“Imminent danger to the health and safety of the public” means the existence in a coal surface mining and reclamation operation of any condition, practice, or violation of a permit or other requirement of this chapter that could reasonably be expected to cause substantial physical harm to a person outside the permit area before such condition, practice, or violation can be abated. A reasonable expectation of substantial physical harm, including death or serious injury, before abatement exists if a rational person, subjected to the same condition or practice giving rise to the peril, would not expose himself to the danger during the time necessary for abatement.\n\t\t\t“Operator” means any person engaging in a coal surface mining operation whether or not such coal is sold within the Commonwealth.\n\t\t\t“Other minerals” means clay, stone, sand, gravel, metalliferous or nonmetalliferous ore, and any other solid material or substance of commercial value excavated in solid form from natural deposits on or in the earth, exclusive of coal and any mineral that occurs naturally in liquid or gaseous form.\n\t\t\t“Permit” means a permit issued by the Director pursuant to state regulations.\n\t\t\t“Permit area” means the area of land indicated on the approved map submitted by the operator with the operator’s application. Such area of land shall be covered by the operator’s bond as required by § 45.2-1016 and shall be readily identifiable by appropriate markers on the site.\n\t\t\t“Permittee” means a person holding any of the following permits issued by the Director: (i) a permit for coal surface mining pursuant to § 45.2-1009, (ii) a permit for coal exploration pursuant to § 45.2-1008, or (iii) a National Pollutant Discharge Elimination System permit pursuant to § 45.2-1029.\n\t\t\t“Person” means any individual, partnership, association, joint venture, trust, company, firm, joint stock company, corporation, other group or combination acting as a unit, or other legal entity.\n\t\t\t“Secretary” means the U.S. Secretary of the Interior.\n\t\t\t“State or local agency” means any department, agency, or instrumentality of the Commonwealth; public authority, municipal corporation, local governmental unit, or political subdivision of the Commonwealth; or department, agency, or instrumentality of any public authority, municipal corporation, local governmental unit, or political subdivision of the Commonwealth; or two or more of any of the aforementioned.\n\t\t\t“State regulations” means the permanent state regulatory program established by this chapter meeting the requirements of the federal act for the regulation of coal surface mining and reclamation operations within the Commonwealth, submitted to the Secretary pursuant to § 503 of the federal act.\n\t\t\t“Unwarranted failure to comply” means the failure of a permittee to (i) prevent the occurrence of any violation of its permit or any requirement of this chapter due to indifference, lack of diligence, or lack of reasonable care or (ii) abate any violation of such permit or requirement of this chapter due to indifference, lack of diligence, or lack of reasonable care.","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1"}},"ancestry":[{"id":15822,"edition_id":1,"name":"General and Administrative Provisions","identifier":"1","label":"article","depth":5,"order_by":1,"parent_id":13540,"metadata":{},"date_created":"2026-06-26 04:00:07","date_modified":"2026-06-26 04:00:07","permalink":{"id":223699,"object_type":"structure","relational_id":15822,"identifier":"1","token":"45.2\/II\/C\/10\/1","url":"\/45.2\/II\/C\/10\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13540,"edition_id":1,"name":"Virginia Coal Surface Mining Control and Reclamation Act of 1979","identifier":"10","label":"chapter","depth":4,"order_by":1,"parent_id":13539,"metadata":{},"date_created":"2026-06-26 03:45:10","date_modified":"2026-06-26 03:45:10","permalink":{"id":223697,"object_type":"structure","relational_id":13540,"identifier":"10","token":"45.2\/II\/C\/10","url":"\/45.2\/II\/C\/10\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13539,"edition_id":1,"name":"Surface Coal Mines","identifier":"C","label":"part","depth":3,"order_by":1,"parent_id":12985,"metadata":{},"date_created":"2026-06-26 03:45:10","date_modified":"2026-06-26 03:45:10","permalink":{"id":223695,"object_type":"structure","relational_id":13539,"identifier":"C","token":"45.2\/II\/C","url":"\/45.2\/II\/C\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12985,"edition_id":1,"name":"Coal Mining","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":12713,"metadata":{},"date_created":"2026-06-26 03:44:06","date_modified":"2026-06-26 03:44:06","permalink":{"id":222647,"object_type":"structure","relational_id":12985,"identifier":"II","token":"45.2\/II","url":"\/45.2\/II\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12713,"edition_id":1,"name":"Mines, Minerals, and Energy","identifier":"45.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":222539,"object_type":"structure","relational_id":12713,"identifier":"45.2","token":"45.2","url":"\/45.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":66688,"structure_id":15822,"section_number":"45.2-1000","catch_line":" Definitions","url":"\/45.2-1000\/","token":"45.2\/II\/C\/10\/1\/45.2-1000","metadata":false},{"id":73821,"structure_id":15822,"section_number":"45.2-1001","catch_line":" Limitations of chapter","url":"\/45.2-1001\/","token":"45.2\/II\/C\/10\/1\/45.2-1001","metadata":false},{"id":62492,"structure_id":15822,"section_number":"45.2-1002","catch_line":" Application of chapter","url":"\/45.2-1002\/","token":"45.2\/II\/C\/10\/1\/45.2-1002","metadata":false},{"id":81745,"structure_id":15822,"section_number":"45.2-1003","catch_line":" Authority and duties of Director","url":"\/45.2-1003\/","token":"45.2\/II\/C\/10\/1\/45.2-1003","metadata":false},{"id":78394,"structure_id":15822,"section_number":"45.2-1004","catch_line":" Training and certification of blasters","url":"\/45.2-1004\/","token":"45.2\/II\/C\/10\/1\/45.2-1004","metadata":false},{"id":86390,"structure_id":15822,"section_number":"45.2-1005","catch_line":" Conflicts of interest prohibited","url":"\/45.2-1005\/","token":"45.2\/II\/C\/10\/1\/45.2-1005","metadata":false},{"id":61036,"structure_id":15822,"section_number":"45.2-1006","catch_line":" Resisting, etc., Director or agent of the Director; penalty","url":"\/45.2-1006\/","token":"45.2\/II\/C\/10\/1\/45.2-1006","metadata":false},{"id":68422,"structure_id":15822,"section_number":"45.2-1007","catch_line":" Coal Surface Mining Regulatory Fund","url":"\/45.2-1007\/","token":"45.2\/II\/C\/10\/1\/45.2-1007","metadata":false}],"next_section":{"id":73821,"structure_id":15822,"section_number":"45.2-1001","catch_line":" Limitations of chapter","url":"\/45.2-1001\/","token":"45.2\/II\/C\/10\/1\/45.2-1001","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/45.2-1000\/","history_text":"

This law was first created in 1979. The record of its establishment is cataloged in chapter 290 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1979 \u201cActs\u201d aren\u2019t available online. It has been modified 1 time. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. That modification is as follows: in 1984, chapter 590.<\/p>","references":[{"id":74448,"section_number":"10.1-1413.2","catch_line":" Requirements for landfill closure","order_by":null,"url":"\/10.1-1413.2\/"},{"id":81745,"section_number":"45.2-1003","catch_line":" Authority and duties of Director","order_by":null,"url":"\/45.2-1003\/"},{"id":66775,"section_number":"45.2-106","catch_line":" Department to serve as lead agency for inspections undertaken subsequent to the issuance of a permit","order_by":null,"url":"\/45.2-106\/"},{"id":59679,"section_number":"45.2-1601","catch_line":" Regulation of coal surface mining not affected by chapter","order_by":null,"url":"\/45.2-1601\/"},{"id":73284,"section_number":"62.1-44.15:66","catch_line":"No limitation on authority of Department of Energy","order_by":null,"url":"\/62.1-44.15_66\/"}],"refers_to":[{"id":59248,"section_number":"45.2-1008","catch_line":" Coal exploration operations","order_by":null,"url":"\/45.2-1008\/"},{"id":68698,"section_number":"45.2-1009","catch_line":" Permit required for coal surface mining operation; term; transfer, etc","order_by":null,"url":"\/45.2-1009\/"},{"id":64109,"section_number":"45.2-1016","catch_line":" Performance bonds","order_by":null,"url":"\/45.2-1016\/"},{"id":84028,"section_number":"45.2-1018","catch_line":" Surface effects of underground coal mining operations","order_by":null,"url":"\/45.2-1018\/"},{"id":65795,"section_number":"45.2-1029","catch_line":" National Pollutant Discharge Elimination System permits","order_by":null,"url":"\/45.2-1029\/"}],"permalink":{"id":223701,"object_type":"law","relational_id":66688,"identifier":"45.2-1000","token":"45.2\/II\/C\/10\/1\/45.2-1000","url":"\/45.2-1000\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/45.2-1000\/","token":"45.2\/II\/C\/10\/1\/45.2-1000","dublin_core":{"Title":" Definitions","Type":"Text","Format":"text\/html","Identifier":"\u00a7 45.2-1000","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

As used in this chapter, unless the context requires a different meaning:\n\t\t“Approximate original contour<\/span>” means the surface configuration achieved by backfilling and grading the mined area so that the reclaimed area, including any terracing or access road, closely resembles the general surface configuration of the land prior to mining and blends into and complements the drainage pattern of the surrounding terrain, with all highwalls and spoil piles eliminated; water impoundments may be permitted where the Director<\/span> determines that they are in compliance with the applicable performance standards adopted pursuant to this chapter.\n\t\t“Coal surface mining and reclamation operation<\/span>” means a surface mining operation and any activity necessary and incidental to the reclamation of such operation.\n\t\t“Coal surface mining operation” means:<\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Any activity conducted on the surface of lands in connection with a surface coal mine or, subject to the requirements of § 45.2-1018<\/a>, any surface operation and surface impact incident to an underground coal mine, the products of which enter commerce or the operation of which directly or indirectly affects interstate commerce. Such activity includes (i) excavation for the purpose of obtaining coal, including by such common methods as contour, strip, auger, mountaintop removal, box cut, open pit, and area mining; (ii) the use of explosives and blasting; (iii) in situ distillation or retorting, leaching, or other chemical or physical processing; and (iv) the cleaning, concentrating, or other processing or preparation and loading of coal for interstate commerce at or near the mine site. However, such activity does not include the extraction of coal incidental to the extraction of other minerals<\/span> where coal does not exceed 16 and two-thirds percent of the tonnage of minerals removed for purposes of commercial use or sale, or coal exploration subject to § 45.2-1008<\/a>; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The area upon which such activity occurs or where such activity disturbs the natural land surface. Such area includes (i) any adjacent land whose use is incidental to any such activity; (ii) all lands affected by the construction of any new road or the improvement or use of any existing road to gain access to the site of such activity and for haulage; and (iii) any excavation, workings, impoundment, dam, ventilation shaft, entryway, refuse bank, dump, stockpile, overburden pile, spoil bank, culm bank, tailings, hole or depression, repair area, storage area, processing area, shipping area, and other area upon which is sited any structure, facility, or other property or materials<\/span> on the surface, resulting from or incident to such activity.\n\t\t\t“Division<\/span>” means the Division<\/span> of Mined Land Repurposing.\n\t\t\t“Federal act<\/span>” means the federal Surface Mining Control and Reclamation Act of 1977, P.L. 95-87, 91 U.S. Stat. 445.\n\t\t\t“Imminent danger to the health and safety of the public<\/span>” means the existence in a coal surface mining and reclamation operation<\/span> of any condition, practice, or violation of a permit or other requirement of this chapter that could reasonably be expected to cause substantial physical harm to a person<\/span> outside the permit area<\/span> before such condition, practice, or violation can be abated. A reasonable expectation of substantial physical harm, including death or serious injury, before abatement exists if a rational person<\/span>, subjected to the same condition or practice giving rise to the peril, would not expose himself to the danger during the time necessary for abatement.\n\t\t\t“Operator<\/span>” means any person<\/span> engaging in a coal surface mining operation whether or not such coal is sold within the Commonwealth.\n\t\t\t“Other minerals<\/span>” means clay, stone, sand, gravel, metalliferous or nonmetalliferous ore, and any other solid material<\/span> or substance of commercial value excavated in solid form from natural deposits on or in the earth, exclusive of coal and any mineral that occurs naturally in liquid or gaseous form.\n\t\t\t“Permit” means a permit issued by the Director<\/span> pursuant to state regulations<\/span>.\n\t\t\t“Permit area<\/span>” means the area of land indicated on the approved map submitted by the operator<\/span> with the operator<\/span>’s application. Such area of land shall be covered by the operator<\/span>’s bond<\/span> as required by § 45.2-1016<\/a> and shall be readily identifiable by appropriate markers on the site.\n\t\t\t“Permittee<\/span>” means a person<\/span> holding any of the following permits<\/span> issued by the Director<\/span>: (i) a permit for coal surface mining pursuant to § 45.2-1009<\/a>, (ii) a permit for coal exploration pursuant to § 45.2-1008<\/a>, or (iii) a National Pollutant Discharge Elimination System permit pursuant to § 45.2-1029<\/a>.\n\t\t\t“Person<\/span>” means any individual, partnership, association, joint venture, trust, company, firm, joint stock company, corporation, other group or combination acting as a unit, or other legal entity.\n\t\t\t“Secretary<\/span>” means the U.S. Secretary<\/span> of the Interior.\n\t\t\t“State or local agency<\/span>” means any department<\/span>, agency, or instrumentality of the Commonwealth; public authority, municipal corporation, local governmental unit, or political subdivision of the Commonwealth; or department<\/span>, agency, or instrumentality of any public authority, municipal corporation, local governmental unit, or political subdivision of the Commonwealth; or two or more of any of the aforementioned.\n\t\t\t“State regulations<\/span>” means the permanent state regulatory program established by this chapter meeting the requirements of the federal act<\/span> for the regulation of coal surface mining and reclamation operations<\/span> within the Commonwealth, submitted to the Secretary<\/span> pursuant to § 503 of the federal act<\/span>.\n\t\t\t“Unwarranted failure to comply<\/span>” means the failure of a permittee<\/span> to (i) prevent the occurrence of any violation of its permit or any requirement of this chapter due to indifference, lack of diligence, or lack of reasonable care or (ii) abate any violation of such permit or requirement of this chapter due to indifference, lack of diligence, or lack of reasonable care. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\n DEFINITIONS (\u00a7 45.2-1000)\n\nAs used in this chapter, unless the context requires a different meaning:\n\t\t“Approximate original contour” means the surface configuration\nachieved by backfilling and grading the mined area so that the reclaimed area,\nincluding any terracing or access road, closely resembles the general surface\nconfiguration of the land prior to mining and blends into and complements the\ndrainage pattern of the surrounding terrain, with all highwalls and spoil piles\neliminated; water impoundments may be permitted where the Director determines\nthat they are in compliance with the applicable performance standards adopted\npursuant to this chapter.\n\t\t“Coal surface mining and reclamation operation” means a surface\nmining operation and any activity necessary and incidental to the reclamation of\nsuch operation.\n\t\t“Coal surface mining operation” means:\n\n1. Any activity conducted on the surface of lands in connection with a surface\ncoal mine or, subject to the requirements of § 45.2-1018, any surface\noperation and surface impact incident to an underground coal mine, the products\nof which enter commerce or the operation of which directly or indirectly affects\ninterstate commerce. Such activity includes (i) excavation for the purpose of\nobtaining coal, including by such common methods as contour, strip, auger,\nmountaintop removal, box cut, open pit, and area mining; (ii) the use of\nexplosives and blasting; (iii) in situ distillation or retorting, leaching, or\nother chemical or physical processing; and (iv) the cleaning, concentrating, or\nother processing or preparation and loading of coal for interstate commerce at\nor near the mine site. However, such activity does not include the extraction of\ncoal incidental to the extraction of other minerals where coal does not exceed\n16 and two-thirds percent of the tonnage of minerals removed for purposes of\ncommercial use or sale, or coal exploration subject to § 45.2-1008; and\n\n2. The area upon which such activity occurs or where such activity disturbs the\nnatural land surface. Such area includes (i) any adjacent land whose use is\nincidental to any such activity; (ii) all lands affected by the construction of\nany new road or the improvement or use of any existing road to gain access to\nthe site of such activity and for haulage; and (iii) any excavation, workings,\nimpoundment, dam, ventilation shaft, entryway, refuse bank, dump, stockpile,\noverburden pile, spoil bank, culm bank, tailings, hole or depression, repair\narea, storage area, processing area, shipping area, and other area upon which is\nsited any structure, facility, or other property or materials on the surface,\nresulting from or incident to such activity.\n\t\t\t“Division” means the Division of Mined Land Repurposing.\n\t\t\t“Federal act” means the federal Surface Mining Control and\nReclamation Act of 1977, P.L. 95-87, 91 U.S. Stat. 445.\n\t\t\t“Imminent danger to the health and safety of the public” means\nthe existence in a coal surface mining and reclamation operation of any\ncondition, practice, or violation of a permit or other requirement of this\nchapter that could reasonably be expected to cause substantial physical harm to\na person outside the permit area before such condition, practice, or violation\ncan be abated. A reasonable expectation of substantial physical harm, including\ndeath or serious injury, before abatement exists if a rational person, subjected\nto the same condition or practice giving rise to the peril, would not expose\nhimself to the danger during the time necessary for abatement.\n\t\t\t“Operator” means any person engaging in a coal surface mining\noperation whether or not such coal is sold within the Commonwealth.\n\t\t\t“Other minerals” means clay, stone, sand, gravel, metalliferous\nor nonmetalliferous ore, and any other solid material or substance of commercial\nvalue excavated in solid form from natural deposits on or in the earth,\nexclusive of coal and any mineral that occurs naturally in liquid or gaseous\nform.\n\t\t\t“Permit” means a permit issued by the Director pursuant to state\nregulations.\n\t\t\t“Permit area” means the area of land indicated on the approved\nmap submitted by the operator with the operator’s application. Such area\nof land shall be covered by the operator’s bond as required by §\n45.2-1016 and shall be readily identifiable by appropriate markers on the site.\n\t\t\t“Permittee” means a person holding any of the following permits\nissued by the Director: (i) a permit for coal surface mining pursuant to §\n45.2-1009, (ii) a permit for coal exploration pursuant to § 45.2-1008, or\n(iii) a National Pollutant Discharge Elimination System permit pursuant to\n§ 45.2-1029.\n\t\t\t“Person” means any individual, partnership, association, joint\nventure, trust, company, firm, joint stock company, corporation, other group or\ncombination acting as a unit, or other legal entity.\n\t\t\t“Secretary” means the U.S. Secretary of the Interior.\n\t\t\t“State or local agency” means any department, agency, or\ninstrumentality of the Commonwealth; public authority, municipal corporation,\nlocal governmental unit, or political subdivision of the Commonwealth; or\ndepartment, agency, or instrumentality of any public authority, municipal\ncorporation, local governmental unit, or political subdivision of the\nCommonwealth; or two or more of any of the aforementioned.\n\t\t\t“State regulations” means the permanent state regulatory program\nestablished by this chapter meeting the requirements of the federal act for the\nregulation of coal surface mining and reclamation operations within the\nCommonwealth, submitted to the Secretary pursuant to § 503 of the federal\nact.\n\t\t\t“Unwarranted failure to comply” means the failure of a permittee\nto (i) prevent the occurrence of any violation of its permit or any requirement\nof this chapter due to indifference, lack of diligence, or lack of reasonable\ncare or (ii) abate any violation of such permit or requirement of this chapter\ndue to indifference, lack of diligence, or lack of reasonable care.\n\nHISTORY: 1979, c. 290, \u00a7 45.1-229; 1984, c. 590; 2021, Sp. Sess. I, cc. 387,\n532.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}