{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/45.2-618.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/45.2-618.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/45.2-618.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/45.2-618.html"}],"law_id":74952,"edition_id":1,"section_id":74952,"structure_id":16536,"section_number":"45.2-618","catch_line":" Design and construction of retaining dam or mine refuse impoundment; designs and other data to be submitted to Chief","history":"1974, c. 323, \u00a7 45.1-222; 1984, c. 590; 1999, c. 256; 2005, c. 3; 2021, Sp. Sess. I, c. 387.","full_text":"A\n\nAny 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, or silt (i) to an elevation of five feet or more above the upstream toe of the structure and has a storage volume of 20 acre-feet or more or (ii) to an elevation of 20 feet or more measured at the open channel spillway or from the crest of the dam in a closed system, regardless of storage volume. The design, construction specifications, and other related data, including final abandonment plans for such retaining dam or mine refuse impoundment, shall be certified by the licensed professional engineer.B\n\nNo person shall place, construct, enlarge, alter, repair, remove, or abandon any retaining dam or mine refuse impoundment until the operator has filed an application for and received approval from the Chief for such construction or modification. However, routine repairs that do not affect the engineering design criteria or safety of an approved retaining dam or mine refuse impoundment are not subject to such application and approval requirements.","order_by":null,"text":{"0":{"id":269254,"text":"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, or silt (i) to an elevation of five feet or more above the upstream toe of the structure and has a storage volume of 20 acre-feet or more or (ii) to an elevation of 20 feet or more measured at the open channel spillway or from the crest of the dam in a closed system, regardless of storage volume. The design, construction specifications, and other related data, including final abandonment plans for such retaining dam or mine refuse impoundment, shall be certified by the licensed professional engineer.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":269255,"text":"No person shall place, construct, enlarge, alter, repair, remove, or abandon any retaining dam or mine refuse impoundment until the operator has filed an application for and received approval from the Chief for such construction or modification. However, routine repairs that do not affect the engineering design criteria or safety of an approved retaining dam or mine refuse impoundment are not subject to such application and approval requirements.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A"}},"ancestry":[{"id":16536,"edition_id":1,"name":"Coal Mine Refuse Impoundments and Retaining Dams","identifier":"4","label":"article","depth":5,"order_by":1,"parent_id":15154,"metadata":{},"date_created":"2026-06-26 04:23:05","date_modified":"2026-06-26 04:23:05","permalink":{"id":223077,"object_type":"structure","relational_id":16536,"identifier":"4","token":"45.2\/II\/A\/6\/4","url":"\/45.2\/II\/A\/6\/4\/","edition_id":1,"permalink":0,"preferred":1}},{"id":15154,"edition_id":1,"name":"Coal Mining Property, Interests, Adjacent Owners, and Dams","identifier":"6","label":"chapter","depth":4,"order_by":1,"parent_id":13784,"metadata":{},"date_created":"2026-06-26 03:52:34","date_modified":"2026-06-26 03:52:34","permalink":{"id":223001,"object_type":"structure","relational_id":15154,"identifier":"6","token":"45.2\/II\/A\/6","url":"\/45.2\/II\/A\/6\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13784,"edition_id":1,"name":"Coal Mines Generally","identifier":"A","label":"part","depth":3,"order_by":1,"parent_id":12985,"metadata":{},"date_created":"2026-06-26 03:45:52","date_modified":"2026-06-26 03:45:52","permalink":{"id":222649,"object_type":"structure","relational_id":13784,"identifier":"A","token":"45.2\/II\/A","url":"\/45.2\/II\/A\/","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":72700,"structure_id":16536,"section_number":"45.2-617","catch_line":" Definitions","url":"\/45.2-617\/","token":"45.2\/II\/A\/6\/4\/45.2-617","metadata":false},{"id":74952,"structure_id":16536,"section_number":"45.2-618","catch_line":" Design and construction of retaining dam or mine refuse impoundment; designs and other data to be submitted to Chief","url":"\/45.2-618\/","token":"45.2\/II\/A\/6\/4\/45.2-618","metadata":false},{"id":70699,"structure_id":16536,"section_number":"45.2-619","catch_line":" Examination of retaining dam or mine refuse impoundment; potentially hazardous condition; plans to be submitted by operators","url":"\/45.2-619\/","token":"45.2\/II\/A\/6\/4\/45.2-619","metadata":false},{"id":80532,"structure_id":16536,"section_number":"45.2-620","catch_line":" Emergency notification and evacuation plan","url":"\/45.2-620\/","token":"45.2\/II\/A\/6\/4\/45.2-620","metadata":false}],"previous_section":{"id":72700,"structure_id":16536,"section_number":"45.2-617","catch_line":" Definitions","url":"\/45.2-617\/","token":"45.2\/II\/A\/6\/4\/45.2-617","metadata":false},"next_section":{"id":70699,"structure_id":16536,"section_number":"45.2-619","catch_line":" Examination of retaining dam or mine refuse impoundment; potentially hazardous condition; plans to be submitted by operators","url":"\/45.2-619\/","token":"45.2\/II\/A\/6\/4\/45.2-619","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/45.2-618\/","history_text":"

This law was first created in 1974. The record of its establishment is cataloged in chapter 323 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 1974 \u201cActs\u201d aren\u2019t available online. It has been modified 3 times. 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. Those modifications are as follows: in 1984, chapter 590; in 1999, chapter 256<\/a>; in 2005, chapter 3<\/a>.<\/p>","references":[{"id":58286,"section_number":"10.1-604","catch_line":" Definitions","order_by":null,"url":"\/10.1-604\/"},{"id":70699,"section_number":"45.2-619","catch_line":" Examination of retaining dam or mine refuse impoundment; potentially hazardous condition; plans to be submitted by operators","order_by":null,"url":"\/45.2-619\/"},{"id":80532,"section_number":"45.2-620","catch_line":" Emergency notification and evacuation plan","order_by":null,"url":"\/45.2-620\/"}],"refers_to":false,"permalink":{"id":223083,"object_type":"law","relational_id":74952,"identifier":"45.2-618","token":"45.2\/II\/A\/6\/4\/45.2-618","url":"\/45.2-618\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/45.2-618\/","token":"45.2\/II\/A\/6\/4\/45.2-618","dublin_core":{"Title":" Design and construction of retaining dam or mine refuse impoundment; designs and other data to be submitted to Chief","Type":"Text","Format":"text\/html","Identifier":"\u00a7 45.2-618","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Any new retaining dam<\/span> or mine refuse impoundment<\/span>, or the modification of an existing retaining dam<\/span> or mine refuse impoundment<\/span>, 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<\/span> if it is designed to impound water<\/span>, coal slurry<\/span>, or silt<\/span> (i) to an elevation of five feet or more above the upstream toe of the structure and has a storage volume of 20 acre-feet or more or (ii) to an elevation of 20 feet or more measured at the open channel spillway or from the crest of the dam in a closed system, regardless of storage volume. The design, construction specifications, and other related data, including final abandonment plans for such retaining dam<\/span> or mine refuse impoundment<\/span>, shall be certified by the licensed professional engineer. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> No person shall place, construct, enlarge, alter, repair, remove, or abandon any retaining dam<\/span> or mine refuse impoundment<\/span> until the operator<\/span> has filed an application for and received approval from the Chief<\/span> for such construction or modification. However, routine repairs that do not affect the engineering design criteria or safety of an approved retaining dam<\/span> or mine refuse impoundment<\/span> are not subject to such application and approval requirements. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\n DESIGN AND CONSTRUCTION OF RETAINING DAM OR MINE REFUSE IMPOUNDMENT; DESIGNS\nAND OTHER DATA TO BE SUBMITTED TO CHIEF (\u00a7 45.2-618)\n\nA. Any new retaining dam or mine refuse impoundment, or the modification of an\nexisting retaining dam or mine refuse impoundment, shall be designed and\nconstructed by or under the direction of a licensed professional engineer. Such\nrequirement shall only apply to a mine refuse impoundment if it is designed to\nimpound water, coal slurry, or silt (i) to an elevation of five feet or more\nabove the upstream toe of the structure and has a storage volume of 20 acre-feet\nor more or (ii) to an elevation of 20 feet or more measured at the open channel\nspillway or from the crest of the dam in a closed system, regardless of storage\nvolume. The design, construction specifications, and other related data,\nincluding final abandonment plans for such retaining dam or mine refuse\nimpoundment, shall be certified by the licensed professional engineer.\n\nB. No person shall place, construct, enlarge, alter, repair, remove, or abandon\nany retaining dam or mine refuse impoundment until the operator has filed an\napplication for and received approval from the Chief for such construction or\nmodification. However, routine repairs that do not affect the engineering design\ncriteria or safety of an approved retaining dam or mine refuse impoundment are\nnot subject to such application and approval requirements.\n\nHISTORY: 1974, c. 323, \u00a7 45.1-222; 1984, c. 590; 1999, c. 256; 2005, c. 3;\n2021, 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}}