Code of Virginia

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Code of Virginia
Title 45.2. Mines, Minerals, and Energy
Chapter 1. Administration
3/3/2024

Article 1. Department of Energy.

§ 45.2-100. Definitions.

As used in this title, unless the context requires a different meaning:

"Chief" means the Chief of the Division of Mines of the Department of Energy.

"Department" means the Department of Energy.

"Director" means the Director of the Department of Energy.

"State Geologist" means the Commissioner of Mineral Resources and State Geologist appointed pursuant to § 45.2-107.

1984, c. 590, § 45.1-1.2; 1994, c. 28, § 45.1-161.1; 2021, Sp. Sess. I, cc. 387, 532.

§ 45.2-101. Certified mail; subsequent mail or notices may be sent by regular mail.

Whenever in this title the Chief, the Director, or the Department is required to send any mail or notice by certified mail and such mail or notice is sent by certified mail, return receipt requested, then any subsequent, identical mail or notice that is sent by the Chief, the Director, or the Department may be sent by regular mail.

2011, c. 566, § 45.1-161.1:1; 2021, Sp. Sess. I, c. 387.

§ 45.2-102. Department of Energy; appointment of Director.

The Department of Energy is established in the executive branch within the Secretariat of Commerce and Trade. The Department shall be headed by a Director who shall be appointed by the Governor, subject to confirmation by the General Assembly, to serve at the pleasure of the Governor for a term coincident with the Governor's term.

1984, c. 590, § 45.1-1.1; 1994, c. 28, § 45.1-161.2; 2021, Sp. Sess. I, cc. 387, 532.

§ 45.2-103. Powers of Department.

The Department shall have the following powers and duties, any of which, with the approval of the Director, may be exercised by any division of the Department with respect to matters assigned to that division:

1. To employ the personnel required to carry out the purposes of this title;

2. To make and enter into any contract or agreement necessary or incidental to the performance of its duties and the execution of its powers under this title, including reciprocal agreements with responsible officers of other states and contracts with the private sector, the United States, other state agencies, and governmental subdivisions of the Commonwealth;

3. To accept grants from the United States government and agencies and instrumentalities thereof and any other source. To these ends, the Department may comply with any condition and execute any agreement that is necessary, convenient, or desirable;

4. To adopt regulations necessary or incidental to the performance of its duties or execution of its powers under this title or any other provision of law. Such regulations shall be adopted by the Department, the Chief, or the Director, as appropriate, and in accordance with the provisions of Article 2 (§ 2.2-4006 et seq.) of the Administrative Process Act; and

5. To do all acts necessary or convenient to carry out the purposes of this title.

1984, c. 590, § 45.1-1.3; 1994, c. 28, § 45.1-161.3; 2014, c. 145; 2021, Sp. Sess. I, c. 387.

§ 45.2-104. Powers and duties of Director.

The Director, under the direction and control of the Governor, shall exercise the powers and perform the duties conferred or imposed upon him by law and shall perform any other duties required of him by the Governor.

1984, c. 590, § 45.1-1.4; 1994, c. 28, § 45.1-161.4; 2021, Sp. Sess. I, c. 387.

§ 45.2-104.1. Appointment of Chief Clean Energy Policy Advisor.

The Chief Clean Energy Policy Advisor shall be appointed by the Governor and shall be under the direction of and report to the Director.

2021, Sp. Sess. I, c. 532.

§ 45.2-105. Establishment of divisions; division heads.

The following divisions, through which the functions, powers, and duties of the Department may be discharged, are established in the Department: a Division of Mines, a Division of Mined Land Repurposing, a Division of Geology and Mineral Resources, a Division of Gas and Oil, a Division of Mineral Mining, a Division of Renewable Energy and Energy Efficiency, and a Division of Offshore Wind. The Director may establish other divisions as he deems necessary. The Director shall appoint persons to direct the various functions and programs of each division and may delegate to the head of any division any of the powers and duties conferred or imposed by law on the Director.

1984, c. 590, § 45.1-1.5; 1990, c. 92; 1994, c. 28, § 45.1-161.5; 2008, c. 369; 2020, c. 794; 2021, Sp. Sess. I, cc. 387, 532.

§ 45.2-106. Department to serve as lead agency for inspections undertaken subsequent to the issuance of a permit.

Following the issuance of any permit under Chapter 10 (§ 45.2-1000 et seq.) or 12 (§ 45.2-1200 et seq.), the Department shall serve as the lead agency for enforcement of the provisions of the permit. Any other agency that has reviewed and approved, or not disapproved, a permit application prior to its approval by the Director shall contact the Director or his designee prior to making any routine inspection. The Director or his designee shall then contact the permittee, if prior contact is to be made, to schedule the inspection and shall accompany any employee of any agency other than the Department during any inspection by such other agency. However, nothing in this section shall apply in the event of a blackwater discharge, a failure of a waste treatment facility, or any situation that in the judgment of the State Water Control Board requires an inspection on an emergency or expedited basis.

1984, c. 188, § 45.1-1.9; 1994, c. 28, § 45.1-161.6; 2021, Sp. Sess. I, c. 387.