45.1-186.1 - Notice of noncompliance served on operator.
§ 45.1-186.1. Notice of noncompliance served on operator.
The Director may cause a notice of noncompliance to be served on the operatorwhenever the operator fails to obey any order by the Director to:
1. Apply the control techniques and institute the actions approved in hisoperations 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 orregulations promulgated pursuant thereto which affect the health, safety andwelfare of the Commonwealth.
A copy of the notice shall be delivered to the operator or served bycertified mail addressed to the operator at the permanent address shown onthe application for a permit. The notice shall specify in what respects theoperator has failed to obey the order of the Director and shall require theoperator to comply with the order within a reasonable period of time as fixedby the Director, following service of the notice. If the operator has notcomplied with the requirements set forth in the notice of noncompliancewithin the time limits fixed therein, the Director shall revoke the permitand declare the forfeiture of the entire bond, which, when collected, shallbe deposited in the state treasury in a special reclamation fund to be usedby the Director in performing reclamation under the provisions of thischapter. After completion of the reclamation and payment of all fees asrequired by this chapter, any additional funds from the forfeiture: (i) ofthe bond shall be returned to the corporate surety; or (ii) of the collateralsecurity, certified check or cash that has been deposited in lieu of bond,shall be returned to the person who provided it originally or to theoperator. If the operator files with the Director notice that he will appealthe order revoking the permit and declaring a forfeiture to the Board ofSurface Mining Review, then the Director's orders under this section shall beheld in abeyance until the appeal is determined by the Board of SurfaceMining Review.
(1977, c. 312.)