§ 45.1-180.2. Legislative findings; declaration of policy.
A. The General Assembly finds that the mining of minerals within theCommonwealth is an activity that makes a contribution to the standard ofliving of the citizens of the Commonwealth; and that it is in the publicinterest to insure the availability and orderly development of mineralresources now and in the future. Uncontrolled mining of such minerals andunreclaimed land can adversely affect the environment through the destructionof vegetative cover, the disruption of drainage patterns, the increasedsiltation and sedimentation of streams as well as other forms of pollution,and the temporary and, in some circumstances, permanent destruction of scenicbeauty and wildlife habitats. The General Assembly further finds that it isoften not practicable to extract minerals without disturbing the surface ofthe earth and producing waste materials, and that the very character ofcertain surface mining operations precludes complete restoration of the landto its original contour; but that it is essential to conduct mining in such away as to minimize its effects on the environment.
B. The General Assembly recognizes that there are wide variations in thecircumstances and conditions surrounding and arising out of the mining ofminerals and that rehabilitation and conservation of land affected by miningof minerals will be assured only through proper planning, proper use ofappropriate methods of mining, consideration of the impact of mining upon theenvironment as well as the land use of surrounding areas, and through theincorporation and use of control techniques and reclamation actions as anintegral and simultaneous part of the mining of minerals.
C. The General Assembly declares that it is in the public interest and shallbe the policy of the Commonwealth to require and encourage the proper controlof mining of minerals so as to protect the public health, safety and welfareconsistent with the protection of physical property and with maximumemployment and the economic well-being of the Commonwealth through goodindustry and sound conservation practices, and to require and encouragethorough operations and reclamation planning, consideration of thesurrounding environment, and incorporation of control techniques andreclamation actions in mining operations insofar as economically andphysically practicable to assure such proper control of mining. To theseends, the Director is mandated to enforce this chapter and to adopt whateverregulations are found necessary to accomplish the provisions of this chapter.
D. The General Assembly by this chapter intends to exercise the police powerof this Commonwealth in a coordinated statewide program to aid in theprotection of wildlife, in restoring these lands to productive purposes andto control present and future problems associated with mining resources andthe reclamation of disturbed lands to the end that mining activities shall beregulated in a manner that will effectuate the purpose of this chapter.
E. Nothing in this chapter is intended, nor shall be construed, to limit,impair, abridge, create, enlarge or otherwise affect, substantively orprocedurally, the right or rights of any person who is a party to any disputeinvolving property rights, or the right of any person to damages or otherrelief on account of injury to persons or property due to mining activitiesregulated by this chapter and to maintain any action or other appropriateprocedure therefor; nor to affect the powers of the Commonwealth to initiate,prosecute and maintain actions to abate public nuisances.
§ 45.1-180.2. Legislative findings; declaration of policy.
A. The General Assembly finds that the mining of minerals within theCommonwealth is an activity that makes a contribution to the standard ofliving of the citizens of the Commonwealth; and that it is in the publicinterest to insure the availability and orderly development of mineralresources now and in the future. Uncontrolled mining of such minerals andunreclaimed land can adversely affect the environment through the destructionof vegetative cover, the disruption of drainage patterns, the increasedsiltation and sedimentation of streams as well as other forms of pollution,and the temporary and, in some circumstances, permanent destruction of scenicbeauty and wildlife habitats. The General Assembly further finds that it isoften not practicable to extract minerals without disturbing the surface ofthe earth and producing waste materials, and that the very character ofcertain surface mining operations precludes complete restoration of the landto its original contour; but that it is essential to conduct mining in such away as to minimize its effects on the environment.
B. The General Assembly recognizes that there are wide variations in thecircumstances and conditions surrounding and arising out of the mining ofminerals and that rehabilitation and conservation of land affected by miningof minerals will be assured only through proper planning, proper use ofappropriate methods of mining, consideration of the impact of mining upon theenvironment as well as the land use of surrounding areas, and through theincorporation and use of control techniques and reclamation actions as anintegral and simultaneous part of the mining of minerals.
C. The General Assembly declares that it is in the public interest and shallbe the policy of the Commonwealth to require and encourage the proper controlof mining of minerals so as to protect the public health, safety and welfareconsistent with the protection of physical property and with maximumemployment and the economic well-being of the Commonwealth through goodindustry and sound conservation practices, and to require and encouragethorough operations and reclamation planning, consideration of thesurrounding environment, and incorporation of control techniques andreclamation actions in mining operations insofar as economically andphysically practicable to assure such proper control of mining. To theseends, the Director is mandated to enforce this chapter and to adopt whateverregulations are found necessary to accomplish the provisions of this chapter.
D. The General Assembly by this chapter intends to exercise the police powerof this Commonwealth in a coordinated statewide program to aid in theprotection of wildlife, in restoring these lands to productive purposes andto control present and future problems associated with mining resources andthe reclamation of disturbed lands to the end that mining activities shall beregulated in a manner that will effectuate the purpose of this chapter.
E. Nothing in this chapter is intended, nor shall be construed, to limit,impair, abridge, create, enlarge or otherwise affect, substantively orprocedurally, the right or rights of any person who is a party to any disputeinvolving property rights, or the right of any person to damages or otherrelief on account of injury to persons or property due to mining activitiesregulated by this chapter and to maintain any action or other appropriateprocedure therefor; nor to affect the powers of the Commonwealth to initiate,prosecute and maintain actions to abate public nuisances.
§ 45.1-180.2. Legislative findings; declaration of policy.
A. The General Assembly finds that the mining of minerals within theCommonwealth is an activity that makes a contribution to the standard ofliving of the citizens of the Commonwealth; and that it is in the publicinterest to insure the availability and orderly development of mineralresources now and in the future. Uncontrolled mining of such minerals andunreclaimed land can adversely affect the environment through the destructionof vegetative cover, the disruption of drainage patterns, the increasedsiltation and sedimentation of streams as well as other forms of pollution,and the temporary and, in some circumstances, permanent destruction of scenicbeauty and wildlife habitats. The General Assembly further finds that it isoften not practicable to extract minerals without disturbing the surface ofthe earth and producing waste materials, and that the very character ofcertain surface mining operations precludes complete restoration of the landto its original contour; but that it is essential to conduct mining in such away as to minimize its effects on the environment.
B. The General Assembly recognizes that there are wide variations in thecircumstances and conditions surrounding and arising out of the mining ofminerals and that rehabilitation and conservation of land affected by miningof minerals will be assured only through proper planning, proper use ofappropriate methods of mining, consideration of the impact of mining upon theenvironment as well as the land use of surrounding areas, and through theincorporation and use of control techniques and reclamation actions as anintegral and simultaneous part of the mining of minerals.
C. The General Assembly declares that it is in the public interest and shallbe the policy of the Commonwealth to require and encourage the proper controlof mining of minerals so as to protect the public health, safety and welfareconsistent with the protection of physical property and with maximumemployment and the economic well-being of the Commonwealth through goodindustry and sound conservation practices, and to require and encouragethorough operations and reclamation planning, consideration of thesurrounding environment, and incorporation of control techniques andreclamation actions in mining operations insofar as economically andphysically practicable to assure such proper control of mining. To theseends, the Director is mandated to enforce this chapter and to adopt whateverregulations are found necessary to accomplish the provisions of this chapter.
D. The General Assembly by this chapter intends to exercise the police powerof this Commonwealth in a coordinated statewide program to aid in theprotection of wildlife, in restoring these lands to productive purposes andto control present and future problems associated with mining resources andthe reclamation of disturbed lands to the end that mining activities shall beregulated in a manner that will effectuate the purpose of this chapter.
E. Nothing in this chapter is intended, nor shall be construed, to limit,impair, abridge, create, enlarge or otherwise affect, substantively orprocedurally, the right or rights of any person who is a party to any disputeinvolving property rights, or the right of any person to damages or otherrelief on account of injury to persons or property due to mining activitiesregulated by this chapter and to maintain any action or other appropriateprocedure therefor; nor to affect the powers of the Commonwealth to initiate,prosecute and maintain actions to abate public nuisances.
