45.1-161.63 - Notices to Department; resumption of mining following discontinuance.
§ 45.1-161.63. Notices to Department; resumption of mining followingdiscontinuance.
A. The operator or his agent shall send notice of intent to discontinue theworking of an underground mine for a period of 30 days or a surface mine fora period of 60 days to the Department at least 10 days prior to discontinuingthe working of a mine with such intent, or at any time a mine becomes aninactive mine. Unless examinations of the mine are being conducted during theperiod of discontinued use, all surface openings to the discontinuedunderground mine shall be secured against unauthorized entrance when theactivities are discontinued for 30 days or longer. Danger signs shall beposted at each secured entrance.
B. The operator, or his agent, shall send to the Department 10 days' priornotice of intent to resume the working of an inactive mine. The production ofcoal at such mine shall not resume until a mine inspector has inspected andapproved it for resumption of production activities.
C. Emergency actions necessary to preserve a mine may be undertaken withoutthe prior notice of intent and advance inspection required by subsection B.In such event, a mine foreman shall examine a mine for hazardous conditionsimmediately before miners are permitted to work. The operator, or his agent,shall notify the Department as soon as possible after commencing emergencyaction necessary to preserve the mine.
D. The operator, or his agent, shall send to the Department 10 days' priornotice of any change in the name of a mine or in the name of the operator ofa mine.
E. The operator, or his agent, shall send to the Department 10 days' priornotice of the opening of a new mine.
F. Any notice required by this section shall be in writing and shall includethe name of the mine, the location of the mine, the name of the operator, andthe operator's mailing address.
(Code 1950, §§ 45-7, 45-12, 45-68.4, 45-69, 45-73, 45-75, 45-78, 45-79,45-81, 45-83; 1950, p. 156; 1954, c. 191; 1966, c. 594, § 45.1-21; 1976, c.598; 1978, cc. 222, 489; 1982, c. 255; 1984, cc. 178, 590; 1988, c. 577;1993, cc. 171, 442; 1994, c. 28; 1996, c. 774; 1997, c. 390; 1999, c. 256;2005, c. 3.)