45.1-180.3 - Authority of Director; enforcement of chapter by injunction.

§ 45.1-180.3. Authority of Director; enforcement of chapter by injunction.

A. The authority to promulgate rules and regulations to effectuate theprovisions and the policy of this chapter and the authority to adoptdefinitions for use in interpreting this chapter are hereby vested in theDirector.

B. The authority to administer and enforce the provisions of this chapter ishereby vested in the Director. In administering and enforcing the provisionsof this chapter pursuant to the findings and legislative policy adopted bythe General Assembly, the Director shall exercise the following powers inaddition to any other powers conferred upon him by law:

1. To supervise the administration and enforcement of this chapter and allrules and regulations and orders promulgated thereunder;

2. To issue orders to enforce the provisions of this chapter, all rules andregulations promulgated thereunder, and the terms and conditions of anypermit;

3. To make investigations and inspections to insure compliance with anyprovision of this chapter or any rules, regulations, or orders promulgatedthereunder;

4. To encourage and conduct investigations, research, experiments anddemonstrations, and to collect and disseminate information relating tosurface mining and reclamation of lands and waters affected by surface mining;

5. To receive any federal funds, state funds or any other funds and to enterinto any contracts, for which funds are available, to carry out the purposesof this chapter.

C. In addition to any administrative remedy granted herein, the Director maypetition any court of competent jurisdiction for an injunction against anyviolation of the provisions of this chapter, and the rules, regulations andorders promulgated hereunder or to compel the performance of acts requiredthereby without regard to any adequate remedy which may exist at law, suchinjunction to be issued without bond. However, with regard to the suspensionof mining operations, § 45.1-193.1 shall control.

(1977, c. 312; 1984, c. 590.)