{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/45.2-619.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/45.2-619.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/45.2-619.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/45.2-619.html"}],"law_id":70699,"edition_id":1,"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","history":"1974, c. 323, \u00a7 45.1-224; 1999, c. 256; 2005, c. 3; 2021, Sp. Sess. I, c. 387.","full_text":"A\n\nEach 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 overload, and other hazards.B\n\nAfter each examination, the authorized person, as defined in § 45.2-501, shall promptly record the results of the examination in a book that shall be available at the retaining dam or mine refuse impoundment, or other designated location, for inspection by the Chief or his authorized representative. Each examination record shall include a description of any potentially hazardous condition found and any action taken to abate such potentially hazardous condition. Each record shall be countersigned by the supervisor of the authorized person creating the record. If such record discloses a potentially hazardous condition, the countersigning of the record shall be performed no later than the end of the next regularly scheduled working shift following the shift for which the examination was completed, and the person countersigning shall ensure that actions to eliminate or control the potentially hazardous condition have been taken. The operator of the retaining dam or mine refuse impoundment may authorize a person who possesses authority equivalent to that of the supervisor to act in the supervisor’s temporary absence to read and countersign the record and ensure that action is taken to eliminate the potentially hazardous condition disclosed in the record.C\n\nWhen rising water, coal slurry, or silt reaches 80 percent by volume of the safe design capacity of a retaining dam or mine refuse impoundment, the examination required by subsection A shall be made more often as required by the Chief or his authorized representative.D\n\nWhen a potentially hazardous condition exists, the operator shall immediately initiate procedures to:1\n\nRemove all persons from the area that can reasonably be expected to be affected by the potentially hazardous condition;2\n\nEliminate the potentially hazardous condition; and3\n\nNotify the Chief and other governing agencies by the quickest available means following the protocol established in the site’s emergency notification and evacuation plan pursuant to § 45.2-620.E\n\nThe operator of each coal site on which a retaining dam or mine refuse impoundment is located shall submit a plan for carrying out the requirements of \u00a7 45.2-618 and subsections A through D for approval by the Chief. The plan shall include:1\n\nThe designs, construction specifications, and other related data required pursuant to § 45.2-618;2\n\nA schedule and procedures for inspection of the retaining dam or mine refuse impoundment by a qualified person under normal conditions and under conditions that could cause flooding;3\n\nProcedures for evaluating a potentially hazardous condition;4\n\nProcedures for removing all persons from the area that can reasonably be expected to be affected by the potentially hazardous condition;5\n\nProcedures for eliminating the potentially hazardous condition;6\n\nProcedures for notifying the Chief and other governing agencies; and7\n\nAny additional information that may be required by the Chief.F\n\nBefore making any changes or modifications in the approved plan, the operator shall obtain approval of such changes or modifications from the Chief.G\n\nThe Chief shall notify the operator in writing whether the operator’s plan is approved or disapproved. If the Chief disapproves the plan, he shall provide the operator with his written objections thereto and his required amendments.","order_by":null,"text":{"0":{"id":255045,"text":"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 overload, and other hazards.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":255046,"text":"After each examination, the authorized person, as defined in § 45.2-501, shall promptly record the results of the examination in a book that shall be available at the retaining dam or mine refuse impoundment, or other designated location, for inspection by the Chief or his authorized representative. Each examination record shall include a description of any potentially hazardous condition found and any action taken to abate such potentially hazardous condition. Each record shall be countersigned by the supervisor of the authorized person creating the record. If such record discloses a potentially hazardous condition, the countersigning of the record shall be performed no later than the end of the next regularly scheduled working shift following the shift for which the examination was completed, and the person countersigning shall ensure that actions to eliminate or control the potentially hazardous condition have been taken. The operator of the retaining dam or mine refuse impoundment may authorize a person who possesses authority equivalent to that of the supervisor to act in the supervisor’s temporary absence to read and countersign the record and ensure that action is taken to eliminate the potentially hazardous condition disclosed in the record.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":255047,"text":"When rising water, coal slurry, or silt reaches 80 percent by volume of the safe design capacity of a retaining dam or mine refuse impoundment, the examination required by subsection A shall be made more often as required by the Chief or his authorized representative.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":255048,"text":"When a potentially hazardous condition exists, the operator shall immediately initiate procedures to:","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"D1"},"4":{"id":255049,"text":"Remove all persons from the area that can reasonably be expected to be affected by the potentially hazardous condition;","type":"section","prefixes":["D","1"],"prefix":"1","entire_prefix":"D1","prefix_anchor":"D1","level":2,"prior_prefix":"D","next_prefix":"D2"},"5":{"id":255050,"text":"Eliminate the potentially hazardous condition; and","type":"section","prefixes":["D","2"],"prefix":"2","entire_prefix":"D2","prefix_anchor":"D2","level":2,"prior_prefix":"D1","next_prefix":"D3"},"6":{"id":255051,"text":"Notify the Chief and other governing agencies by the quickest available means following the protocol established in the site’s emergency notification and evacuation plan pursuant to § 45.2-620.","type":"section","prefixes":["D","3"],"prefix":"3","entire_prefix":"D3","prefix_anchor":"D3","level":2,"prior_prefix":"D2","next_prefix":"E"},"7":{"id":255052,"text":"The operator of each coal site on which a retaining dam or mine refuse impoundment is located shall submit a plan for carrying out the requirements of \u00a7 45.2-618 and subsections A through D for approval by the Chief. The plan shall include:","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D3","next_prefix":"E1"},"8":{"id":255053,"text":"The designs, construction specifications, and other related data required pursuant to § 45.2-618;","type":"section","prefixes":["E","1"],"prefix":"1","entire_prefix":"E1","prefix_anchor":"E1","level":2,"prior_prefix":"E","next_prefix":"E2"},"9":{"id":255054,"text":"A schedule and procedures for inspection of the retaining dam or mine refuse impoundment by a qualified person under normal conditions and under conditions that could cause flooding;","type":"section","prefixes":["E","2"],"prefix":"2","entire_prefix":"E2","prefix_anchor":"E2","level":2,"prior_prefix":"E1","next_prefix":"E3"},"10":{"id":255055,"text":"Procedures for evaluating a potentially hazardous condition;","type":"section","prefixes":["E","3"],"prefix":"3","entire_prefix":"E3","prefix_anchor":"E3","level":2,"prior_prefix":"E2","next_prefix":"E4"},"11":{"id":255056,"text":"Procedures for removing all persons from the area that can reasonably be expected to be affected by the potentially hazardous condition;","type":"section","prefixes":["E","4"],"prefix":"4","entire_prefix":"E4","prefix_anchor":"E4","level":2,"prior_prefix":"E3","next_prefix":"E5"},"12":{"id":255057,"text":"Procedures for eliminating the potentially hazardous condition;","type":"section","prefixes":["E","5"],"prefix":"5","entire_prefix":"E5","prefix_anchor":"E5","level":2,"prior_prefix":"E4","next_prefix":"E6"},"13":{"id":255058,"text":"Procedures for notifying the Chief and other governing agencies; and","type":"section","prefixes":["E","6"],"prefix":"6","entire_prefix":"E6","prefix_anchor":"E6","level":2,"prior_prefix":"E5","next_prefix":"E7"},"14":{"id":255059,"text":"Any additional information that may be required by the Chief.","type":"section","prefixes":["E","7"],"prefix":"7","entire_prefix":"E7","prefix_anchor":"E7","level":2,"prior_prefix":"E6","next_prefix":"F"},"15":{"id":255060,"text":"Before making any changes or modifications in the approved plan, the operator shall obtain approval of such changes or modifications from the Chief.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E7","next_prefix":"G"},"16":{"id":255061,"text":"The Chief shall notify the operator in writing whether the operator’s plan is approved or disapproved. If the Chief disapproves the plan, he shall provide the operator with his written objections thereto and his required amendments.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/45.2-619\/","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 2 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 1999, chapter 256<\/a>; in 2005, chapter 3<\/a>.<\/p>","references":false,"refers_to":[{"id":54795,"section_number":"45.2-501","catch_line":" Definitions","order_by":null,"url":"\/45.2-501\/"},{"id":74952,"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","order_by":null,"url":"\/45.2-618\/"}],"permalink":{"id":223087,"object_type":"law","relational_id":70699,"identifier":"45.2-619","token":"45.2\/II\/A\/6\/4\/45.2-619","url":"\/45.2-619\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/45.2-619\/","token":"45.2\/II\/A\/6\/4\/45.2-619","dublin_core":{"Title":" Examination of retaining dam or mine refuse impoundment; potentially hazardous condition; plans to be submitted by operators","Type":"Text","Format":"text\/html","Identifier":"\u00a7 45.2-619","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Each retaining dam<\/span> or mine refuse impoundment<\/span> shall be examined by an authorized person, as defined in § 45.2-501<\/a>, at least every seven days or as otherwise approved by the Chief<\/span>. Each such retaining dam<\/span> or mine refuse impoundment<\/span> shall be examined for compliance with approved design and maintenance requirements, visible structural weakness, volume overload, and other hazards. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> After each examination, the authorized person, as defined in § 45.2-501<\/a>, shall promptly record the results of the examination in a book that shall be available at the retaining dam<\/span> or mine refuse impoundment<\/span>, or other designated location, for inspection by the Chief<\/span> or his authorized representative. Each examination record shall include a description of any potentially hazardous condition found and any action taken to abate such potentially hazardous condition. Each record shall be countersigned by the supervisor of the authorized person creating the record. If such record discloses a potentially hazardous condition, the countersigning of the record shall be performed no later than the end of the next regularly scheduled working shift following the shift for which the examination was completed, and the person countersigning shall ensure that actions to eliminate or control the potentially hazardous condition have been taken. The operator<\/span> of the retaining dam<\/span> or mine refuse impoundment<\/span> may authorize a person who possesses authority equivalent to that of the supervisor to act in the supervisor’s temporary absence to read and countersign the record and ensure that action is taken to eliminate the potentially hazardous condition disclosed in the record. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> When rising water<\/span>, coal slurry<\/span>, or silt<\/span> reaches 80 percent by volume of the safe design capacity of a retaining dam<\/span> or mine refuse impoundment<\/span>, the examination required by subsection A shall be made more often as required by the Chief<\/span> or his authorized representative. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> When a potentially hazardous condition exists, the operator<\/span> shall immediately 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 the potentially hazardous condition; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

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

3.<\/span> Notify the Chief<\/span> and other governing agencies by the quickest available means following the protocol established in the site’s emergency notification and evacuation plan pursuant to § 45.2-620<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> The operator<\/span> of each coal site on which a retaining dam<\/span> or mine refuse impoundment<\/span> is located shall submit a plan for carrying out the requirements of \u00a7 45.2-618<\/a> and subsections A through D for approval by the Chief<\/span>. The plan shall include: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The designs, construction specifications, and other related data required pursuant to § 45.2-618<\/a>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> A schedule and procedures for inspection of the retaining dam<\/span> or mine refuse impoundment<\/span> by a qualified person under normal conditions and under conditions that could cause flooding; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

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

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

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

6.<\/span> Procedures for notifying the Chief<\/span> and other governing agencies; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

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

F.<\/span> Before making any changes or modifications in the approved plan, the operator<\/span> shall obtain approval of such changes or modifications from the Chief<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> The Chief<\/span> shall notify the operator<\/span> in writing whether the operator<\/span>’s plan is approved or disapproved. If the Chief<\/span> disapproves the plan, he shall provide the operator<\/span> with his written objections thereto and his required amendments. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\n EXAMINATION OF RETAINING DAM OR MINE REFUSE IMPOUNDMENT; POTENTIALLY HAZARDOUS\nCONDITION; PLANS TO BE SUBMITTED BY OPERATORS (\u00a7 45.2-619)\n\nA. Each retaining dam or mine refuse impoundment shall be examined by an\nauthorized person, as defined in § 45.2-501, at least every seven days or\nas otherwise approved by the Chief. Each such retaining dam or mine refuse\nimpoundment shall be examined for compliance with approved design and\nmaintenance requirements, visible structural weakness, volume overload, and\nother hazards.\n\nB. After each examination, the authorized person, as defined in § 45.2-501,\nshall promptly record the results of the examination in a book that shall be\navailable at the retaining dam or mine refuse impoundment, or other designated\nlocation, for inspection by the Chief or his authorized representative. Each\nexamination record shall include a description of any potentially hazardous\ncondition found and any action taken to abate such potentially hazardous\ncondition. Each record shall be countersigned by the supervisor of the\nauthorized person creating the record. If such record discloses a potentially\nhazardous condition, the countersigning of the record shall be performed no\nlater than the end of the next regularly scheduled working shift following the\nshift for which the examination was completed, and the person countersigning\nshall ensure that actions to eliminate or control the potentially hazardous\ncondition have been taken. The operator of the retaining dam or mine refuse\nimpoundment may authorize a person who possesses authority equivalent to that of\nthe supervisor to act in the supervisor’s temporary absence to read and\ncountersign the record and ensure that action is taken to eliminate the\npotentially hazardous condition disclosed in the record.\n\nC. When rising water, coal slurry, or silt reaches 80 percent by volume of the\nsafe design capacity of a retaining dam or mine refuse impoundment, the\nexamination required by subsection A shall be made more often as required by the\nChief or his authorized representative.\n\nD. When a potentially hazardous condition exists, the operator shall immediately\ninitiate procedures to:\n\n 1. Remove all persons from the area that can reasonably be expected to be\n affected by the potentially hazardous condition;\n\n 2. Eliminate the potentially hazardous condition; and\n\n 3. Notify the Chief and other governing agencies by the quickest available\n means following the protocol established in the site’s emergency\n notification and evacuation plan pursuant to § 45.2-620.\n\nE. The operator of each coal site on which a retaining dam or mine refuse\nimpoundment is located shall submit a plan for carrying out the requirements of\n\u00a7 45.2-618 and subsections A through D for approval by the Chief. The plan\nshall include:\n\n 1. The designs, construction specifications, and other related data required\n pursuant to § 45.2-618;\n\n 2. A schedule and procedures for inspection of the retaining dam or mine\n refuse impoundment by a qualified person under normal conditions and under\n conditions that could cause flooding;\n\n 3. Procedures for evaluating a potentially hazardous condition;\n\n 4. Procedures for removing all persons from the area that can reasonably be\n expected to be affected by the potentially hazardous condition;\n\n 5. Procedures for eliminating the potentially hazardous condition;\n\n 6. Procedures for notifying the Chief and other governing agencies; and\n\n 7. Any additional information that may be required by the Chief.\n\nF. Before making any changes or modifications in the approved plan, the operator\nshall obtain approval of such changes or modifications from the Chief.\n\nG. The Chief shall notify the operator in writing whether the operator’s\nplan is approved or disapproved. If the Chief disapproves the plan, he shall\nprovide the operator with his written objections thereto and his required\namendments.\n\nHISTORY: 1974, c. 323, \u00a7 45.1-224; 1999, c. 256; 2005, c. 3; 2021, Sp. Sess. I,\nc. 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}}