{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/45.2-1302.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/45.2-1302.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/45.2-1302.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/45.2-1302.html"}],"law_id":81350,"edition_id":1,"section_id":81350,"structure_id":16603,"section_number":"45.2-1302","catch_line":" Examination of dams and mine refuse piles; potentially hazardous conditions; plans to be submitted by licensed operators","history":"1997, c. 390, \u00a7 45.1-225.2; 1998, c. 695; 2021, Sp. Sess. I, c. 387.","full_text":"A\n\nEvery water-retaining or silt-retaining dam or mine refuse pile shall be examined daily for visible structural weakness, volume overload, and other hazards by a qualified person designated by the licensed operator. When rising water and silt reaches 80 percent by volume of the safe design capacity of the dam or pile, such examination shall be made more often as required by the Director or his designated agent. Frequent examinations shall be made during periods of rainfall that could create flooding conditions.B\n\nWhen a potentially hazardous condition exists, the operator shall initiate procedures to:1\n\nRemove all persons from the area that can reasonably be expected to be affected by such potentially hazardous condition;2\n\nEliminate such potentially hazardous condition; and3\n\nNotify the Director.C\n\nRecords of the inspections required by subsection A shall be kept and certified by the licensed operator or his agent. Such records shall be kept on the surface at the office or designated station of the mine.D\n\nThe licensed operator of each mineral mine on which a water-retaining or silt-retaining dam is located shall adopt a plan for carrying out the requirements of subsections A and B. The plan shall be submitted for approval to the Director and shall include:1\n\nA schedule and procedures for the inspection of the retaining dam by a qualified person;2\n\nProcedures for evaluating any potentially hazardous condition;3\n\nProcedures for removing all persons from the area that may reasonably be expected to be affected by such potentially hazardous condition;4\n\nProcedures for eliminating such potentially hazardous condition;5\n\nProcedures for notifying the Director; and6\n\nAny additional information that may be required by the Director.E\n\nBefore making any change or modification in the plan approved in accordance with subsection D, the licensed operator shall obtain approval of such change or modification from the Director.","order_by":null,"text":{"0":{"id":291546,"text":"Every water-retaining or silt-retaining dam or mine refuse pile shall be examined daily for visible structural weakness, volume overload, and other hazards by a qualified person designated by the licensed operator. When rising water and silt reaches 80 percent by volume of the safe design capacity of the dam or pile, such examination shall be made more often as required by the Director or his designated agent. Frequent examinations shall be made during periods of rainfall that could create flooding conditions.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":291547,"text":"When a potentially hazardous condition exists, the operator shall initiate procedures to:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B1"},"2":{"id":291548,"text":"Remove all persons from the area that can reasonably be expected to be affected by such potentially hazardous condition;","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"3":{"id":291549,"text":"Eliminate such potentially hazardous condition; and","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"4":{"id":291550,"text":"Notify the Director.","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"C"},"5":{"id":291551,"text":"Records of the inspections required by subsection A shall be kept and certified by the licensed operator or his agent. Such records shall be kept on the surface at the office or designated station of the mine.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B3","next_prefix":"D"},"6":{"id":291552,"text":"The licensed operator of each mineral mine on which a water-retaining or silt-retaining dam is located shall adopt a plan for carrying out the requirements of subsections A and B. The plan shall be submitted for approval to the Director and shall include:","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"D1"},"7":{"id":291553,"text":"A schedule and procedures for the inspection of the retaining dam by a qualified person;","type":"section","prefixes":["D","1"],"prefix":"1","entire_prefix":"D1","prefix_anchor":"D1","level":2,"prior_prefix":"D","next_prefix":"D2"},"8":{"id":291554,"text":"Procedures for evaluating any potentially hazardous condition;","type":"section","prefixes":["D","2"],"prefix":"2","entire_prefix":"D2","prefix_anchor":"D2","level":2,"prior_prefix":"D1","next_prefix":"D3"},"9":{"id":291555,"text":"Procedures for removing all persons from the area that may reasonably be expected to be affected by such potentially hazardous condition;","type":"section","prefixes":["D","3"],"prefix":"3","entire_prefix":"D3","prefix_anchor":"D3","level":2,"prior_prefix":"D2","next_prefix":"D4"},"10":{"id":291556,"text":"Procedures for eliminating such potentially hazardous condition;","type":"section","prefixes":["D","4"],"prefix":"4","entire_prefix":"D4","prefix_anchor":"D4","level":2,"prior_prefix":"D3","next_prefix":"D5"},"11":{"id":291557,"text":"Procedures for notifying the Director; and","type":"section","prefixes":["D","5"],"prefix":"5","entire_prefix":"D5","prefix_anchor":"D5","level":2,"prior_prefix":"D4","next_prefix":"D6"},"12":{"id":291558,"text":"Any additional information that may be required by the Director.","type":"section","prefixes":["D","6"],"prefix":"6","entire_prefix":"D6","prefix_anchor":"D6","level":2,"prior_prefix":"D5","next_prefix":"E"},"13":{"id":291559,"text":"Before making any change or modification in the plan approved in accordance with subsection D, the licensed operator shall obtain approval of such change or modification from the Director.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D6"}},"ancestry":[{"id":16603,"edition_id":1,"name":"Mineral Mining Retaining Dams and Refuse Piles","identifier":"1","label":"article","depth":5,"order_by":1,"parent_id":16296,"metadata":{},"date_created":"2026-06-26 04:26:42","date_modified":"2026-06-26 04:26:42","permalink":{"id":224593,"object_type":"structure","relational_id":16603,"identifier":"1","token":"45.2\/III\/A\/13\/1","url":"\/45.2\/III\/A\/13\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":16296,"edition_id":1,"name":"Mineral Mining Retaining Dams; Adjacent Owners","identifier":"13","label":"chapter","depth":4,"order_by":1,"parent_id":12950,"metadata":{},"date_created":"2026-06-26 04:12:54","date_modified":"2026-06-26 04:12:54","permalink":{"id":224591,"object_type":"structure","relational_id":16296,"identifier":"13","token":"45.2\/III\/A\/13","url":"\/45.2\/III\/A\/13\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12950,"edition_id":1,"name":"Mineral Mines Generally","identifier":"A","label":"part","depth":3,"order_by":1,"parent_id":12949,"metadata":{},"date_created":"2026-06-26 03:44:04","date_modified":"2026-06-26 03:44:04","permalink":{"id":224111,"object_type":"structure","relational_id":12950,"identifier":"A","token":"45.2\/III\/A","url":"\/45.2\/III\/A\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12949,"edition_id":1,"name":"Mineral Mines","identifier":"III","label":"subtitle","depth":2,"order_by":1,"parent_id":12713,"metadata":{},"date_created":"2026-06-26 03:44:04","date_modified":"2026-06-26 03:44:04","permalink":{"id":224109,"object_type":"structure","relational_id":12949,"identifier":"III","token":"45.2\/III","url":"\/45.2\/III\/","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":77734,"structure_id":16603,"section_number":"45.2-1300","catch_line":" Definitions","url":"\/45.2-1300\/","token":"45.2\/III\/A\/13\/1\/45.2-1300","metadata":false},{"id":72308,"structure_id":16603,"section_number":"45.2-1301","catch_line":" Dams and mine refuse piles; construction","url":"\/45.2-1301\/","token":"45.2\/III\/A\/13\/1\/45.2-1301","metadata":false},{"id":81350,"structure_id":16603,"section_number":"45.2-1302","catch_line":" Examination of dams and mine refuse piles; potentially hazardous conditions; plans to be submitted by licensed operators","url":"\/45.2-1302\/","token":"45.2\/III\/A\/13\/1\/45.2-1302","metadata":false}],"previous_section":{"id":72308,"structure_id":16603,"section_number":"45.2-1301","catch_line":" Dams and mine refuse piles; construction","url":"\/45.2-1301\/","token":"45.2\/III\/A\/13\/1\/45.2-1301","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/45.2-1302\/","history_text":"

This law was first created in 1997. The record of its establishment is cataloged in chapter 390<\/a> 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. 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 1998, chapter 695<\/a>.<\/p>","references":false,"refers_to":false,"permalink":{"id":224603,"object_type":"law","relational_id":81350,"identifier":"45.2-1302","token":"45.2\/III\/A\/13\/1\/45.2-1302","url":"\/45.2-1302\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/45.2-1302\/","token":"45.2\/III\/A\/13\/1\/45.2-1302","dublin_core":{"Title":" Examination of dams and mine refuse piles; potentially hazardous conditions; plans to be submitted by licensed operators","Type":"Text","Format":"text\/html","Identifier":"\u00a7 45.2-1302","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Every water<\/span>-retaining or silt<\/span>-retaining dam or mine refuse<\/span> pile shall be examined daily for visible structural weakness, volume overload, and other hazards by a qualified person designated by the licensed operator. When rising water<\/span> and silt<\/span> reaches 80 percent by volume of the safe design capacity of the dam or pile, such examination shall be made more often as required by the Director<\/span> or his designated agent. Frequent examinations shall be made during periods of rainfall that could create flooding conditions. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> When a potentially hazardous condition exists, the operator shall initiate procedures to: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Remove all persons from the area that can reasonably be expected to be affected by such potentially hazardous condition; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Eliminate such potentially hazardous condition; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Notify the Director<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Records of the inspections required by subsection A shall be kept and certified by the licensed operator or his agent. Such records shall be kept on the surface at the office or designated station of the mine. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The licensed operator of each mineral mine on which a water<\/span>-retaining or silt<\/span>-retaining dam is located shall adopt a plan for carrying out the requirements of subsections A and B. The plan shall be submitted for approval to the Director<\/span> and shall include: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> A schedule and procedures for the inspection of the retaining dam by a qualified person; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Procedures for evaluating any potentially hazardous condition; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Procedures for removing all persons from the area that may reasonably be expected to be affected by such potentially hazardous condition; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Procedures for eliminating such potentially hazardous condition; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Procedures for notifying the Director<\/span>; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> Any additional information that may be required by the Director<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Before making any change or modification in the plan approved in accordance with subsection D, the licensed operator shall obtain approval of such change or modification from the Director<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\n EXAMINATION OF DAMS AND MINE REFUSE PILES; POTENTIALLY HAZARDOUS CONDITIONS;\nPLANS TO BE SUBMITTED BY LICENSED OPERATORS (\u00a7 45.2-1302)\n\nA. Every water-retaining or silt-retaining dam or mine refuse pile shall be\nexamined daily for visible structural weakness, volume overload, and other\nhazards by a qualified person designated by the licensed operator. When rising\nwater and silt reaches 80 percent by volume of the safe design capacity of the\ndam or pile, such examination shall be made more often as required by the\nDirector or his designated agent. Frequent examinations shall be made during\nperiods of rainfall that could create flooding conditions.\n\nB. When a potentially hazardous condition exists, the operator shall initiate\nprocedures to:\n\n 1. Remove all persons from the area that can reasonably be expected to be\n affected by such potentially hazardous condition;\n\n 2. Eliminate such potentially hazardous condition; and\n\n 3. Notify the Director.\n\nC. Records of the inspections required by subsection A shall be kept and\ncertified by the licensed operator or his agent. Such records shall be kept on\nthe surface at the office or designated station of the mine.\n\nD. The licensed operator of each mineral mine on which a water-retaining or\nsilt-retaining dam is located shall adopt a plan for carrying out the\nrequirements of subsections A and B. The plan shall be submitted for approval to\nthe Director and shall include:\n\n 1. A schedule and procedures for the inspection of the retaining dam by a\n qualified person;\n\n 2. Procedures for evaluating any potentially hazardous condition;\n\n 3. Procedures for removing all persons from the area that may reasonably be\n expected to be affected by such potentially hazardous condition;\n\n 4. Procedures for eliminating such potentially hazardous condition;\n\n 5. Procedures for notifying the Director; and\n\n 6. Any additional information that may be required by the Director.\n\nE. Before making any change or modification in the plan approved in accordance\nwith subsection D, the licensed operator shall obtain approval of such change or\nmodification from the Director.\n\nHISTORY: 1997, c. 390, \u00a7 45.1-225.2; 1998, c. 695; 2021, Sp. Sess. I, c. 387.","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}}