Code of Virginia - Title 45.1 Mines And Mining - Chapter 19 Virginia Coal Surface Mining Control And Reclamation Act Of 1979

45.1-226 Short title
This chapter shall be known as the "Virginia Coal Surface Mining Control and Reclamation Act of 1979." (1979, c. 290.) ...

45.1-227 Description unavailable
Not set out. (1979, c. 290.) ...

45.1-228 Purpose and policy of chapter
A. It is the purpose and policy of this chapter to do the following: 1. Provide for the implementation and enforcement, by the Commonwealth, of ...

45.1-229 Definitions
The following words and phrases when used in this chapter shall have the meaning respectively ascribed to them in this section except where the context ...

45.1-230 Authority and duties of Director
A. The authority to publish and promulgate such regulations as may be necessary to carry out the purposes and provisions of this chapter is hereby ...

45.1-231 Conflicts of interest prohibited
A. No employee of the Department performing any function or duty under this chapter, shall have a financial interest in any underground or surface coal ...

45.1-232 Description unavailable
Repealed by Acts 1984, c. 590. ...

45.1-233 Coal exploration operations
A. Coal exploration operations which substantially disturb the natural land surface shall be conducted in accordance with exploration regulations promulgated by the Director. Such regulations ...

45.1-234 Permits required; certain operations conducted pending initial administrative decision; time for ap...
A. On and after eight months from the date on which a permanent state regulatory program is approved for this Commonwealth by the Secretary, no ...

45.1-235 Form and contents of permit application; fee
A. Application for a surface mining permit shall be made to the Division in the format required by the Director and shall be signed and ...

45.1-236 Operations and reclamation plans
Each application for a coal surface mining permit pursuant to the approved state regulatory program shall include an operations plan and a reclamation plan, in ...

45.1-237 Revision of permits
A. 1. During the term of the permit the permittee may submit an application for a revision of the permit, together with a revised operations ...

45.1-238 Approval or denial of permit
A. Upon the basis of a complete mining application and reclamation plan or a revision or renewal thereof, as required by the federal act and ...

45.1-239 Public participation in process of issuing or revising permits
A. The Director shall establish, by regulation, procedures for the notification of and participation by the public and appropriate federal, state and local governmental authorities ...

45.1-240 Decision of Director upon permit application; hearing; appeal
A. The Director shall notify the applicant for a permit within a reasonable time, as set forth in regulations, taking into account the time needed ...

45.1-241 Performance bonds
A. After a coal surface mining permit application has been approved, but before such permit is issued, the applicant shall file with the Director on ...

45.1-242 Performance standards
A. The Director shall, by regulation, establish performance standards meeting the requirement of § 515 of the federal act and consistent with regulations adopted by ...

45.1-243 Surface effects of underground coal mining operations
A. The Director shall promulgate regulations directed toward the surface effects of underground coal mining operations embodying the requirements of §§ 516 and 720 (a) ...

45.1-244 Inspections and monitoring
A. For the purpose of administering and enforcing any permit issued under this chapter or of determining whether any person is in violation of any ...

45.1-245 Enforcement of chapter generally
A. Whenever the Director or his authorized representative determines that any condition or practices exist, or that any permittee is in violation of any requirement ...

45.1-246 Civil and criminal penalties
A. Any permittee who violates any permit condition or any other provision of this chapter or the regulations thereunder may be assessed a civil penalty ...

45.1-246.1 Citizen suits; rights of citizens to accompany inspectors
A. Except as provided in subsections B or C of this section, any person having an interest which is or may be adversely affected may, ...

45.1-247 Forfeiture or release of performance bond
A. The Director shall promulgate regulations, consistent with regulations promulgated by the Secretary, establishing procedures, conditions, criteria, and schedules for the forfeiture or release of ...

45.1-248 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 Treasurer's office ...

45.1-249 Administrative review of notice or order issued under { 45.1-245
A. A permittee who is issued a notice or order pursuant to § 45.1-245, or any person having an interest which is or may be ...

45.1-250 Hearings
A. [Repealed.] B. All formal hearings shall be conducted in accordance with § 2.2-4020 unless the parties consent to informal proceedings. When a hearings officer ...

45.1-251 Judicial review of final order or decision or of decision under { 45.1-263
A. Any party aggrieved by a final order or decision, and any decision for entry upon property pursuant to § 45.1-263, issued by the Director, ...

45.1-252 Designating areas unsuitable for coal surface mining
A. 1. The Director shall establish a planning process enabling objective decisions based on competent and scientifically sound data and information as to which, if ...

45.1-253 Certain mining operations exempt from this chapter
The provisions of this chapter shall not apply to any of the following activities: 1. The extraction of coal by a landowner for his own ...

45.1-254 National pollutant discharge elimination system permits
A. Upon request of the Director, the State Water Control Board may delegate to the Director its authority, under the State Water Control Law, Chapter ...

45.1-255 Description unavailable
Repealed by Acts 1984, c. 714. ...

45.1-255.1 Description unavailable
Repealed by Acts 1988, c. 489. ...

45.1-256 Training and certification of blasters
A. In order to ensure that explosives are used only in accordance with applicable state and federal laws, the Director is authorized to promulgate regulations ...

45.1-257 Impeding, etc., Director or agents a misdemeanor
It shall be a misdemeanor, punishable by a fine of not more than $5,000 or by confinement in jail for not more than one year, ...

45.1-258 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 ...

45.1-259 Applicability of chapter to public agencies, utilities and corporations
Any agency, unit, or instrumentality of the Commonwealth, or of federal or local government, including any publicly owned utility or publicly owned corporation of federal, ...

45.1-260 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 and fund and ...

45.1-261 Abandoned Mine Reclamation Fund
A. There is hereby created in the State Treasurer's office a special fund to be known as the Abandoned Mine Reclamation Fund, referred to in ...

45.1-261.1 Operators may perform reclamation; bidding; conditions; adjustment of required bonds; regulation...
A. Notwithstanding any licensing requirement under Title 54.1, an operator shall be eligible to bid on contracts to conduct reclamation projects under the State Reclamation ...

45.1-262 Eligible lands and water; priorities for expenditures
A. Lands and water eligible for reclamation or drainage abatement expenditures under this article are those which were mined for coal or which were affected ...

45.1-263 Right of entry, acquisition, disposition and reclamation of land adversely affected by past coal mi...
A. The Director shall take all reasonable actions to obtain written consent from the owner or owners of record of the land or property to ...

45.1-264 Commonwealth to have lien for reclamation work
The Commonwealth shall have a lien, if perfected as hereinafter provided, on land reclaimed by the Director pursuant to this article for the amount of ...

45.1-265 Perfection of lien; waiver of lien
A. The Director shall perfect the lien given under the provisions of § 45.1-264, by filing, within six months after completion of the reclamation, in ...

45.1-266 Recordation and indexing of lien; notice
It shall be the duty of the clerk in whose office the statement described in § 45.1-265 is filed to record the same in the ...

45.1-267 Priority of lien
Liens acquired under this article shall have priority as a lien second only to the lien of real estate taxes imposed upon the land. (1979, ...

45.1-268 Hearing to determine amount of lien
Any party having an interest in the real property against which a lien has been filed may, within sixty days of such filing, petition the ...

45.1-269 Satisfaction of lien
Liens acquired under this article shall be satisfied to the extent of the value of the consideration received at the time of transfer of ownership. ...

45.1-270 Miscellaneous powers of Director
A. In addition to any other remedies provided for in this chapter, the Director may petition any court of competent jurisdiction for an injunction to ...

45.1-270.1 Creation of Fund
There is hereby created in the office of the State Treasurer a special fund to be known as the Coal Surface Mining Reclamation Fund, hereinafter ...

45.1-270.2 Participation in Fund
A. Participation in the Fund shall be open to all operators applying for a permit under Chapter 19 (§ 45.1-226 et seq.) of this title, ...

45.1-270.3 Initial payments into Fund; renewal payments; bonds
A. Operators filing permit applications for coal surface mining operations participating in the pool fund shall be required to pay into the Fund, as an ...

45.1-270.3:1 Description unavailable
Repealed by Acts 1991, c. 495. ...

45.1-270.4 Assessment of reclamation tax revenues for Fund
A. There is hereby levied a reclamation tax upon the production of coal by operators participating in the Fund under permits issued under this chapter ...

45.1-270.4:1 Special assessment
A. In addition to the tax assessed pursuant to § 45.1-270.4, and in order to ensure Fund solvency, the Commissioner of the Division of Mined ...

45.1-270.5 Collection of reclamation tax and penalties for nonpayment
A. Payment of taxes under this section shall be made no later than thirty days after the end of each calendar quarter when taxes are ...

45.1-270.5:1 Forfeiture of bonds on operations participating in the Fund; alternative remedies
A. Forfeiture of bonds of operations participating in the Fund shall be accomplished as set forth in § 45.1-247 and the regulations promulgated by the ...

45.1-270.6 Reinstatement to the Fund; recovery of Fund expenditures
A. An operator who has defaulted on any reclamation obligation and has thereby caused the Fund to incur reclamation expenses as a result thereof shall ...

45.1-270.7 Coal Surface Mining Reclamation Fund Advisory Committee continued as Coal Surface Mining Reclamatio...
A. The Coal Surface Mining Reclamation Fund Advisory Committee is continued and shall hereafter be known as the Coal Surface Mining Reclamation Fund Advisory Board. ...