45.1-245 - Enforcement of chapter generally.
§ 45.1-245. Enforcement of chapter generally.
A. Whenever the Director or his authorized representative determines that anycondition or practices exist, or that any permittee is in violation of anyrequirement of this chapter or of any regulation promulgated hereunder or ofany permit condition, which condition, practice or violation also creates animminent danger to the health or safety of the public, or is causing, or canreasonably be expected to cause significant, imminent environmental harm toland, air or water resources, the Director or his authorized representativeshall immediately order a cessation of coal surface mining and reclamationoperation or the portion thereof relevant to the condition, practice orviolation. Such cessation order shall remain in effect until the Director orhis authorized representative determines that the condition, practice orviolation has been abated, or until modified, vacated or terminated by theDirector or his authorized representative. Whenever the Director or hisauthorized representative finds that the ordered cessation of coal surfacemining and reclamation operations, or any portion thereof, will notcompletely abate the imminent danger to health or safety of the public or thesignificant imminent environmental harm to land, air or water resources, theDirector shall, in addition to the cessation order, impose affirmativeobligations on the operator and require him to take whatever steps theDirector or his authorized representative determines necessary to abate theimminent danger or the significant environmental harm.
B. Whenever the Director or his authorized representative determines that anypermittee is in violation of any requirement of this chapter or anyregulation thereunder, or any permit condition, but such violation does notcreate an imminent danger to the health or safety of the public, or cannotreasonably be expected to cause significant, imminent environmental harm toland, air or water resources, the Director or his authorized representativeshall issue a notice of violation to the permittee or his agent setting areasonable time but not more than ninety days for the abatement of theviolation and provide an opportunity for public hearing.
If, upon expiration of the period of time as originally set or subsequentlyextended for good cause shown upon the written finding of the Director or hisauthorized representative, the Director or his authorized representativefinds that a violation has not been abated, he shall immediately order acessation of coal surface mining and reclamation operations or the portionthereof relevant to the violation. Such cessation order shall remain ineffect until the Director or his authorized representative determines thatthe violation has been abated, or until modified, vacated or terminated bythe Director or his authorized representative pursuant to subsection D ofthis section. The Director or his authorized representative shall include inthe cessation order the necessary measures to abate the violation in the mostexpeditious manner possible.
C. Whenever the Director or his authorized representative determines that apattern of violations of the requirements of this chapter, or regulationspromulgated thereunder, or any permit conditions exist or have existed, andif the Director or his authorized representative also finds that suchviolations are caused by the unwarranted failure of the permittee to complywith any such requirements, or that such violations are willfully caused bythe permittee, the Director or his authorized representative shall forthwithissue an order to the permittee to show cause as to why the permit should notbe suspended or revoked and shall provide opportunity for a formal publichearing. If a hearing is requested the Director shall inform all interestedparties of the time and place of the hearing. Upon the permittee's failure toshow cause as to why the permit should not be suspended or revoked, theDirector or his authorized representative shall forthwith suspend or revokethe permit.
D. Notices and order issued pursuant to this section shall set forth withreasonable specificity the nature of the violation and the remedial actionrequired, the period of time established for abatement, and a reasonabledescription of the portion of the coal surface mining and reclamationoperation to which the notice or order applies. Each notice or order shall begiven promptly to the permittee or his agent by the Director or hisauthorized representative issuing such notice or order, and all such noticesand orders shall be in writing and signed by such authorized representatives.Any notice or order issued pursuant to this section may be modified, vacatedor terminated by the Director or his authorized representative. Any notice ororder issued pursuant to this section which requires cessation of mining bythe operator shall expire within thirty days of actual notice to the operatorunless an informal public hearing, unless waived by the operator, is held atthe site or close enough to the site to allow viewings thereof during thecourse of the public hearing.
E. The Director may institute a civil action for injunctive or other reliefin any court of competent jurisdiction whenever any permittee or his agent,or any other person:
1. Violates, fails or refuses to comply with any order or decision issued bythe Director; or
2. Interferes with, hinders or delays the Director in carrying out theprovisions of this chapter or the regulations thereunder; or
3. Refuses to admit such authorized representative to the mine; or
4. Refuses to permit inspection of the mine; or
5. Refuses to furnish any information or report requested by the Directorpursuant to the provisions of this chapter or the regulations thereunder; or
6. Refuses to permit access to, and copying of, such records as the Directordetermines necessary in carrying out the provisions of this chapter or theregulations thereunder; or
7. Conducts coal surface mining or coal exploration operations without firstobtaining a permit, or after a permit has lapsed, or after suspension orrevocation of a permit.
(1979, c. 290.)