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Enforcement & Complaints

The Division of Mineral Mining Enforcement Section consists of ten Mine Inspectors and two Mine Inspector Supervisors. The Enforcement Staff is responsible for conducting inspections on mineral mining operations, providing training to mineral miners, conducting accident investigations, conducting complaint investigations and providing assistance to mine operators.

 

Inspections
The DMM Enforcement staff are responsible for conducting inspections of mineral mines with respect to worker safety and environmental impacts. These inspections are conducted under Title 45.1 of the Code of Virginia ; Chapters 14.4:1 and Chapter 16, respectively.

Violations
The DMM mine inspector is authorized by law to cite the operator for any violations of the mining laws observed during an inspection. Under the mine safety laws the inspector may issue a Notice of Violation or a Closure Order. Under the mine reclamation and environmental law the inspector may issue a Special Order or a Notice of Noncompliance. There are no civil penalties or fines associated with these violations unless an appeal of violations proceeds to a civil court hearing where a judge may assess a penalty.

Mine Safety
Every underground mineral mine must be inspected for safety not less frequently than every 180 days. Those surface mineral mines which are not inspected by the federal Mine Safety and Health Administration must be inspected for safety not less frequently than once per year. Additional inspections of such mineral mines shall be made when deemed appropriate by the Director based on an evaluation of risks at the mines, or if requested by miners employed at a mine or the licensed operator of a mine.

DMM Enforcement staff are not authorized to conduct safety inspections of surface mineral mines which are inspected by the federal Mine Safety and Health Administration, except those necessary to respond to complaints of violations of mineral mine safety laws and regulations, to respond to and investigate any serious personal injury or fatality, and to conduct training programs requested by the licensed operator.

Mine Safety - Code of Virginia
Section 45.1-161.292:63 - Notices of Violations

If the Director or a mine inspector has reasonable cause to believe that a violation of the Act has occurred, he shall with reasonable promptness issue a notice of violation to the person who is responsible for the violation. Each notice of violation shall be in writing and shall describe with particularity the nature of the violation or violations

The notice of violation shall be deemed to be the final order of the Department and not subject to review by any court or agency unless, within twenty days following its issuance, the person to whom the notice of violation has been issued appeals its issuance by notifying the Department in writing that he intends to contest its issuance.

Section 45.1-161.292:64 - Closure Orders
The Director or a mine inspector shall issue a closure order requiring any mine or section thereof cleared of all persons, or equipment removed from use, and refusing further entry into the mine of all persons except those necessary to correct or eliminate a hazardous condition, when :

1. a violation of this chapter and Chapters 14.5 and 14.6 has occurred, which creates an imminent danger to the life or health of persons in the mine;
2. a mine fire, mine explosion, or other serious accident has occurred at the mine, as may be necessary to preserve the scene of such accident during the investigation of the accident;
3. a mine is operating without a license, as provided by § 45.1-161.292:30; or
4. an operator to whom a notice of violation was issued has failed to abate the violation cited therein within the time period provided in such notice for its abatement;

The issuance of a closure order shall constitute a final order of the Department, and the owner, licensed operator and independent contractor shall not be entitled to administrative review of such decision. The owner, licensed operator or independent contractor to whom a closure order has been issued may, within ten days following the issuance of the order, bring a civil action in the circuit court of the city or county in which the mine, or the greater portion thereof, is located for review of the decision. The commencement of such a proceeding shall not, unless specifically ordered by the court, operate as a stay of the closure order.

Mine Reclamation and Environmental
The DMM Enforcement staff are required to conduct a renewal inspection each year prior to renewal of the mineral mine permit. In addition to or in combination with the annual renewal inspection every surface mining operation will receive at least two complete regular reclamation inspections per year. The surface facilities of underground mines will also receive two complete reclamation inspections per year. The only exception to this inspection frequency would be for mines that are inactive and covered by a temporary cessation amendment.

Mine Reclamation and Environmental - Code of Virginia
Section 45.1-186.1 - Special Order and Notice of Noncompliance

The Director or mine inspector may issue a Special Order when any violation of Chapter 16 of Title 45.1 of the Code of Virginia is observed. The special order will be in writing , notify the operator of the law or regulation section violated and set a specific date by which compliance must be achieved.

The Director or mine inspector may serve a Notice of Noncompliance on the operator whenever the operator fails to obey any Special Order issued by the Director or mine inspector to:

1. Apply the control techniques and institute the actions approved in his operations and reclamation plan;
   
2. Comply with any required amendments to the operations or reclamation plan; or
   
3. Comply with any other requirement of this chapter or any rules or regulations promulgated pursuant thereto which affect the health, safety and welfare of the Commonwealth.

A copy of the Notice of Noncompliance shall be delivered to the operator or served by certified mail addressed to the operator at the permanent address shown on the application for a permit. The Notice of Noncompliance shall specify in what respects the operator has failed to obey the Special Order of the Director and shall require the operator to comply within a reasonable period of time as fixed by the Director, following service of the notice. If the operator has not complied with the requirements set forth in the Notice of Noncompliance within the time limits fixed therein, the Director shall revoke the permit and declare the forfeiture of the entire bond.

Section 45.1-194 - Appeal of Special Order and Non Compliances to Board of Surface Mining Review

An appeal from a Special Order, Notice of Noncompliance, rule or regulation issued under Chapter 16 of Title 45.1 of the Code of Virginia shall be taken first to the Board of Surface Mining Review. The appeal shall be taken within thirty days following the issuance of the Special Order, Non Compliance, rule or regulation by forwarding to the Director by certified mail a notice of appeal designating the order, rule or regulation from which the appeal is taken.

Upon receipt of an appeal, the Board shall set the hearing at a place within the county where the major portion of the land involved in the Special Order, Notice of Noncompliance , rule or regulation appealed from is located and such hearing shall be held by the Board within sixty days from the date notice of appeal is received. The Board shall issue its opinion of the appeal within sixty days following the completion of the hearing.

Training
The DMM Enforcement staff serves as instructors and provides the miner training as outlined in the Certification and Training area of this web site. While training is provided on a fiscal year schedule other classes can sometimes be scheduled if there is sufficient interest. DMM will attempt to arrange classes if there are as many as 10 to 20 participants. Classes may also be conducted and customized to relate to specific mining operations or operation types. Classes scheduled outside the Fiscal Year Schedule are offered only to the extent that staff time and resources are available. To discuss available miner training and the scheduling of classes you may contact your mine inspector or you may call the DMM office in Charlottesville at 434-951-6316 or 434-951-6315.

Accident Investigations - Code of Virginia
Section 45.1-161.292:53 of the Code of Virginia details the mine inspector's actions with regard to investigation of mine accidents, injuries and mine emergencies.

The mine inspector shall:

1. Report immediately, and by the quickest available means, any mine fire, mine explosion, and any accident involving serious personal injury or death to his supervisor;
   
2. Proceed immediately to the scene of any accident at any mine under his jurisdiction that results in loss of life or serious personal injury, and to the scene of any mine fire or explosion regardless of whether there is loss of life or personal injury. He shall make such investigation and suggestions and render such assistance as he deems necessary for the future safety of the employees, and make a complete report to his supervisor as soon as practicable. He shall have the power to compel the attendance of witnesses, and to administer oaths or affirmations; and
   
3. Take charge of mine rescue and recovery operations whenever a mine fire, mine explosion, or other serious accident occurs, and shall supervise the reopening of all mines or sections thereof that have been sealed or abandoned on account of fire or any other cause.

If you need to report a mine accident, injury or emergency you may contact your mine inspector or call the Division of Mineral Mining in Charlottesville at 434-951-6310.   More detailed accident reporting information can be found in the Accident Reporting area of this web site.

Complaint Investigations
Each DMM Mine Inspector is assigned the responsibility of investigating mineral mine related complaints that are registered within their territory or area.  Complaints may be registered for worker safety concerns or for reclamation and environmental concerns. Complaints may be lodged with the site mine inspector or by contacting the DMM office in Charlottesville at 434-951-6310 or by e-mail.

For worker safety complaints the name of the complainant is held in confidence by DMM and is exempt from release under the Virginia Freedom of Information Act. The mineral mine operator is required by the Mineral Mine Safety laws of Virginia to post information describing how to file a complaint . A sign may be useful for this purpose and a sample sign is available for use, reference and printing. Mine operators may contact DMM at the Charlottesville office at 434-951-6310 or the site mine inspector for a copy of the sign that can be posted at the mine.

In an effort to provide prompt service DMM has set a goal of contacting the complainant within 5 days of receipt of a complaint. Most often the complainant is contacted the day of the complaint. When a complaint is filed DMM will conduct an investigation and file a written report of findings. The mine operator and the complainant are provided a copy of the complaint investigation report. Complainant confidentiality is maintained in accordance with the laws and regulations.

Operator Assistance
The DMM Enforcement staff also assist mine operators in their efforts to comply with the mining laws and regulations, to maintain a safe work environment for mine employees, to minimize environmental and off site impacts, and to operate their mines in a safe and efficient manner. These activities include site specific mine safety training, assistance with permitting and licensing applications and reports, technical assistance, resolution of conflicts with other government agencies, meeting with concerned citizens and neighbors, investigating and documenting accident information, and assistance in search and rescue operations. If you have questions regarding mining, the mining laws or need assistance in these areas you may contact your site mine inspector.

For additional information about the Division of Mineral Mining, call (434) 951-6310 or by e-mail.