§ 45.2-1031. State Reclamation Program
A. The Commonwealth’s program for the reclamation of land and water adversely affected by past mining shall include the State Reclamation Plan, the Abandoned Mine Reclamation Fund created pursuant to § 45.2-1032, and annual reclamation projects, as provided for in this article. B. The Director is authorized to develop and submit to the Secretary for […]
§ 45.2-1030. Replacement of water supply
A. The operator of any coal surface mining operation shall replace the water supply of an owner of interest in real property who obtains all or part of such owner’s supply of water for domestic, agricultural, industrial, or other legitimate use from an underground or surface source where such supply has been affected by contamination, […]
§ 45.2-1027. Judicial review of final order or decision or decision under § 45.2-1035
A. Any party aggrieved by a final order, decision, or decision for entry upon property pursuant to § 45.2-1035, issued by the Director, after exhaustion of the administrative remedies provided for in this chapter, has the right to the judicial review thereof in the circuit court of the county or city in which the land […]
§ 45.2-1028. Designating areas unsuitable for coal surface mining
A. 1. The Director shall establish a planning process that enables objective decisions, based on competent and scientifically sound data and information, regarding which land areas of the Commonwealth, if any, are unsuitable for coal surface mining operations pursuant to the standards set forth in subdivisions 2 and 3. Such designation shall not prevent the […]
§ 45.2-1029. National Pollutant Discharge Elimination System permits
A. For the purpose of this section: “Board” means the State Water Control Board. “Industrial wastes” means the same as that term is defined in § 62.1-44.3. “NPDES” means the National Pollutant Discharge Elimination System. “Other wastes” means the same as that term is defined in § 62.1-44.3. “Sewage” means the same as that term […]
§ 45.2-1024. Performance of reclamation operations by Director
In the event of forfeiture of a performance bond, in whole or in part, the Director shall deposit the proceeds in the state treasury in a special fund to be used by the Director to complete the reclamation plan and other regulatory requirements pertaining to the operation for which the forfeited bond had been posted. […]
§ 45.2-1025. Administrative review of notice or order issued under § 45.2-1020
A. A permittee who is issued a notice or order pursuant to § 45.2-1020, or any person having an interest that is or could be adversely affected by such notice or order or by any modification, vacation, or termination of such notice or order, may apply to the Director for the review of such notice […]
§ 45.2-1026. Hearings
Every formal hearing shall be conducted in accordance with § 2.2-4020 unless the parties consent to informal proceedings. When a hearings officer presides, such officer shall recommend findings and a decision to the Director, who shall then issue findings and a decision, unless the Director provides for the making of findings and an initial decision […]
§ 45.2-1020. Enforcement of chapter generally
A. If the Director determines that any condition or practice or any violation by a permittee of any requirement of this chapter, regulation adopted hereunder, or permit condition (i) creates an imminent danger to the health or safety of the public or (ii) is causing or can reasonably be expected to cause significant, imminent environmental […]
§ 45.2-1021. Civil and criminal penalties
A. Any permittee who violates any permit condition or any other provision of this chapter or the regulations adopted hereunder may be assessed a civil penalty by the Director, except that if such violation leads to the issuance of a cessation order, the civil penalty shall be assessed. Such penalty shall not exceed $5,000 for […]