{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/45.2-1020.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/45.2-1020.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/45.2-1020.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/45.2-1020.html"}],"law_id":54505,"edition_id":1,"section_id":54505,"structure_id":13541,"section_number":"45.2-1020","catch_line":" Enforcement of chapter generally","history":"1979, c. 290, \u00a7 45.1-245; 2021, Sp. Sess. I, c. 387.","full_text":"A\n\nIf 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 harm to land, air, or water resources, the Director shall immediately order a cessation of the coal surface mining and reclamation operation or the portion thereof relevant to the condition, practice, or violation. Such cessation order shall remain in effect until the Director determines that the condition, practice, or violation has been abated or until such order is modified, vacated, or terminated by the Director. Whenever the Director finds that the ordered cessation of coal surface mining and reclamation operations, or any portion thereof, is not expected to completely abate the imminent danger to health or safety of the public or the significant imminent environmental harm to land, air, or water resources, the Director shall, in addition to ordering the cessation of the operation, impose affirmative obligations on the operator and require such operator to take whatever steps the Director determines necessary to abate the imminent danger or the significant environmental harm.B\n\nIf the Director determines that a permittee is in violation of any requirement of this chapter, any regulation adopted hereunder, or any permit condition, but such violation does not create an imminent danger to the health or safety of the public or cannot reasonably be expected to cause significant, imminent environmental harm to land, air, or water resources, the Director shall issue a notice of violation to the permittee or his agent setting a reasonable period of not more than 90 days for the abatement of the violation and shall provide an opportunity for public hearing.C\n\nUpon expiration of the period of time originally set pursuant to subsection B or subsequently extended for good cause shown upon the written finding of the Director, if the Director finds that a violation has not been abated, he shall immediately order a cessation of coal surface mining and reclamation operations or the portion thereof relevant to the violation. Such cessation order shall remain in effect until the Director determines that the violation has been abated or until such order is modified, vacated, or terminated by the Director pursuant to subsection E. The Director shall include in the cessation order the necessary measures to abate the violation in the most expeditious manner possible.D\n\nWhenever the Director determines that a pattern of violations of the requirements of this chapter, any regulation adopted hereunder, or any permit condition exists or has existed, and if the Director also finds that such violations are (i) caused by the unwarranted failure of the permittee to comply with any such requirements or (ii) willfully caused by the permittee, the Director shall promptly issue an order to the permittee to show cause as to why the permit should not be suspended or revoked and shall provide opportunity for a formal public hearing. If a hearing is requested, the Director shall inform all interested parties of the time and place of the hearing. Upon the permittee’s failure to show cause as to why the permit should not be suspended or revoked, the Director shall promptly suspend or revoke the permit.E\n\nEach notice or order issued pursuant to this section shall set forth with reasonable specificity the nature of the violation and the remedial action required, the period of time established for abatement, and a reasonable description of the portion of the coal surface mining and reclamation operation to which the notice or order applies. Each notice or order shall be given promptly to the permittee or his agent by the Director and shall be in writing and signed by the Director. Any notice or order issued pursuant to this section may be modified, vacated, or terminated by the Director. Any notice or order issued pursuant to this section that requires cessation of mining by the operator shall expire within 30 days of actual notice to the operator unless an informal public hearing is held at the site or close enough to the site to allow viewings thereof during the course of the public hearing. Such informal public hearing may be waived by the operator.F\n\nThe Director may institute a civil action for injunctive or other relief in any court of competent jurisdiction whenever any permittee or his agent, or any other person:1\n\nViolates or fails or refuses to comply with any order or decision issued by the Director;2\n\nInterferes with, hinders, or delays the Director in carrying out the provisions of this chapter or the regulations adopted hereunder;3\n\nRefuses to admit the Director to a mine;4\n\nRefuses to permit inspection of a mine;5\n\nRefuses to furnish any information or report requested by the Director pursuant to the provisions of this chapter or the regulations adopted hereunder;6\n\nRefuses to permit access to, and copying of, such records as the Director determines necessary in carrying out the provisions of this chapter or the regulations adopted hereunder; or7\n\nConducts any coal surface mining or coal exploration operation without first obtaining a permit, after a permit has lapsed, or after suspension or revocation of a permit.","order_by":null,"text":{"0":{"id":200129,"text":"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 harm to land, air, or water resources, the Director shall immediately order a cessation of the coal surface mining and reclamation operation or the portion thereof relevant to the condition, practice, or violation. Such cessation order shall remain in effect until the Director determines that the condition, practice, or violation has been abated or until such order is modified, vacated, or terminated by the Director. Whenever the Director finds that the ordered cessation of coal surface mining and reclamation operations, or any portion thereof, is not expected to completely abate the imminent danger to health or safety of the public or the significant imminent environmental harm to land, air, or water resources, the Director shall, in addition to ordering the cessation of the operation, impose affirmative obligations on the operator and require such operator to take whatever steps the Director determines necessary to abate the imminent danger or the significant environmental harm.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":200130,"text":"If the Director determines that a permittee is in violation of any requirement of this chapter, any regulation adopted hereunder, or any permit condition, but such violation does not create an imminent danger to the health or safety of the public or cannot reasonably be expected to cause significant, imminent environmental harm to land, air, or water resources, the Director shall issue a notice of violation to the permittee or his agent setting a reasonable period of not more than 90 days for the abatement of the violation and shall provide an opportunity for public hearing.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":200131,"text":"Upon expiration of the period of time originally set pursuant to subsection B or subsequently extended for good cause shown upon the written finding of the Director, if the Director finds that a violation has not been abated, he shall immediately order a cessation of coal surface mining and reclamation operations or the portion thereof relevant to the violation. Such cessation order shall remain in effect until the Director determines that the violation has been abated or until such order is modified, vacated, or terminated by the Director pursuant to subsection E. The Director shall include in the cessation order the necessary measures to abate the violation in the most expeditious manner possible.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":200132,"text":"Whenever the Director determines that a pattern of violations of the requirements of this chapter, any regulation adopted hereunder, or any permit condition exists or has existed, and if the Director also finds that such violations are (i) caused by the unwarranted failure of the permittee to comply with any such requirements or (ii) willfully caused by the permittee, the Director shall promptly issue an order to the permittee to show cause as to why the permit should not be suspended or revoked and shall provide opportunity for a formal public hearing. If a hearing is requested, the Director shall inform all interested parties of the time and place of the hearing. Upon the permittee’s failure to show cause as to why the permit should not be suspended or revoked, the Director shall promptly suspend or revoke the permit.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":200133,"text":"Each notice or order issued pursuant to this section shall set forth with reasonable specificity the nature of the violation and the remedial action required, the period of time established for abatement, and a reasonable description of the portion of the coal surface mining and reclamation operation to which the notice or order applies. Each notice or order shall be given promptly to the permittee or his agent by the Director and shall be in writing and signed by the Director. Any notice or order issued pursuant to this section may be modified, vacated, or terminated by the Director. Any notice or order issued pursuant to this section that requires cessation of mining by the operator shall expire within 30 days of actual notice to the operator unless an informal public hearing is held at the site or close enough to the site to allow viewings thereof during the course of the public hearing. Such informal public hearing may be waived by the operator.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":200134,"text":"The Director may institute a civil action for injunctive or other relief in any court of competent jurisdiction whenever any permittee or his agent, or any other person:","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"F1"},"6":{"id":200135,"text":"Violates or fails or refuses to comply with any order or decision issued by the Director;","type":"section","prefixes":["F","1"],"prefix":"1","entire_prefix":"F1","prefix_anchor":"F1","level":2,"prior_prefix":"F","next_prefix":"F2"},"7":{"id":200136,"text":"Interferes with, hinders, or delays the Director in carrying out the provisions of this chapter or the regulations adopted hereunder;","type":"section","prefixes":["F","2"],"prefix":"2","entire_prefix":"F2","prefix_anchor":"F2","level":2,"prior_prefix":"F1","next_prefix":"F3"},"8":{"id":200137,"text":"Refuses to admit the Director to a mine;","type":"section","prefixes":["F","3"],"prefix":"3","entire_prefix":"F3","prefix_anchor":"F3","level":2,"prior_prefix":"F2","next_prefix":"F4"},"9":{"id":200138,"text":"Refuses to permit inspection of a mine;","type":"section","prefixes":["F","4"],"prefix":"4","entire_prefix":"F4","prefix_anchor":"F4","level":2,"prior_prefix":"F3","next_prefix":"F5"},"10":{"id":200139,"text":"Refuses to furnish any information or report requested by the Director pursuant to the provisions of this chapter or the regulations adopted hereunder;","type":"section","prefixes":["F","5"],"prefix":"5","entire_prefix":"F5","prefix_anchor":"F5","level":2,"prior_prefix":"F4","next_prefix":"F6"},"11":{"id":200140,"text":"Refuses to permit access to, and copying of, such records as the Director determines necessary in carrying out the provisions of this chapter or the regulations adopted hereunder; or","type":"section","prefixes":["F","6"],"prefix":"6","entire_prefix":"F6","prefix_anchor":"F6","level":2,"prior_prefix":"F5","next_prefix":"F7"},"12":{"id":200141,"text":"Conducts any coal surface mining or coal exploration operation without first obtaining a permit, after a permit has lapsed, or after suspension or revocation of a permit.","type":"section","prefixes":["F","7"],"prefix":"7","entire_prefix":"F7","prefix_anchor":"F7","level":2,"prior_prefix":"F6"}},"ancestry":[{"id":13541,"edition_id":1,"name":"Regulation of Mining Activity","identifier":"2","label":"article","depth":5,"order_by":1,"parent_id":13540,"metadata":{},"date_created":"2026-06-26 03:45:10","date_modified":"2026-06-26 03:45:10","permalink":{"id":223733,"object_type":"structure","relational_id":13541,"identifier":"2","token":"45.2\/II\/C\/10\/2","url":"\/45.2\/II\/C\/10\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13540,"edition_id":1,"name":"Virginia Coal Surface Mining Control and Reclamation Act of 1979","identifier":"10","label":"chapter","depth":4,"order_by":1,"parent_id":13539,"metadata":{},"date_created":"2026-06-26 03:45:10","date_modified":"2026-06-26 03:45:10","permalink":{"id":223697,"object_type":"structure","relational_id":13540,"identifier":"10","token":"45.2\/II\/C\/10","url":"\/45.2\/II\/C\/10\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13539,"edition_id":1,"name":"Surface Coal Mines","identifier":"C","label":"part","depth":3,"order_by":1,"parent_id":12985,"metadata":{},"date_created":"2026-06-26 03:45:10","date_modified":"2026-06-26 03:45:10","permalink":{"id":223695,"object_type":"structure","relational_id":13539,"identifier":"C","token":"45.2\/II\/C","url":"\/45.2\/II\/C\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12985,"edition_id":1,"name":"Coal Mining","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":12713,"metadata":{},"date_created":"2026-06-26 03:44:06","date_modified":"2026-06-26 03:44:06","permalink":{"id":222647,"object_type":"structure","relational_id":12985,"identifier":"II","token":"45.2\/II","url":"\/45.2\/II\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12713,"edition_id":1,"name":"Mines, Minerals, and Energy","identifier":"45.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":222539,"object_type":"structure","relational_id":12713,"identifier":"45.2","token":"45.2","url":"\/45.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":59248,"structure_id":13541,"section_number":"45.2-1008","catch_line":" Coal exploration operations","url":"\/45.2-1008\/","token":"45.2\/II\/C\/10\/2\/45.2-1008","metadata":false},{"id":68698,"structure_id":13541,"section_number":"45.2-1009","catch_line":" Permit required for coal surface mining operation; term; transfer, etc","url":"\/45.2-1009\/","token":"45.2\/II\/C\/10\/2\/45.2-1009","metadata":false},{"id":63876,"structure_id":13541,"section_number":"45.2-1010","catch_line":" Form and contents of permit application; fee","url":"\/45.2-1010\/","token":"45.2\/II\/C\/10\/2\/45.2-1010","metadata":false},{"id":69681,"structure_id":13541,"section_number":"45.2-1011","catch_line":" Operation and reclamation plans","url":"\/45.2-1011\/","token":"45.2\/II\/C\/10\/2\/45.2-1011","metadata":false},{"id":54700,"structure_id":13541,"section_number":"45.2-1012","catch_line":" Revision of permits","url":"\/45.2-1012\/","token":"45.2\/II\/C\/10\/2\/45.2-1012","metadata":false},{"id":80707,"structure_id":13541,"section_number":"45.2-1013","catch_line":" Approval or denial of permit","url":"\/45.2-1013\/","token":"45.2\/II\/C\/10\/2\/45.2-1013","metadata":false},{"id":81130,"structure_id":13541,"section_number":"45.2-1014","catch_line":" Public participation in process of issuing or revising permits","url":"\/45.2-1014\/","token":"45.2\/II\/C\/10\/2\/45.2-1014","metadata":false},{"id":76504,"structure_id":13541,"section_number":"45.2-1015","catch_line":" Decision of Director upon permit application; hearing; appeal","url":"\/45.2-1015\/","token":"45.2\/II\/C\/10\/2\/45.2-1015","metadata":false},{"id":64109,"structure_id":13541,"section_number":"45.2-1016","catch_line":" Performance bonds","url":"\/45.2-1016\/","token":"45.2\/II\/C\/10\/2\/45.2-1016","metadata":false},{"id":74259,"structure_id":13541,"section_number":"45.2-1017","catch_line":" Performance standards","url":"\/45.2-1017\/","token":"45.2\/II\/C\/10\/2\/45.2-1017","metadata":false},{"id":84028,"structure_id":13541,"section_number":"45.2-1018","catch_line":" Surface effects of underground coal mining operations","url":"\/45.2-1018\/","token":"45.2\/II\/C\/10\/2\/45.2-1018","metadata":false},{"id":84230,"structure_id":13541,"section_number":"45.2-1019","catch_line":" Inspections and monitoring","url":"\/45.2-1019\/","token":"45.2\/II\/C\/10\/2\/45.2-1019","metadata":false},{"id":54505,"structure_id":13541,"section_number":"45.2-1020","catch_line":" Enforcement of chapter generally","url":"\/45.2-1020\/","token":"45.2\/II\/C\/10\/2\/45.2-1020","metadata":false},{"id":84596,"structure_id":13541,"section_number":"45.2-1021","catch_line":" Civil and criminal penalties","url":"\/45.2-1021\/","token":"45.2\/II\/C\/10\/2\/45.2-1021","metadata":false},{"id":80009,"structure_id":13541,"section_number":"45.2-1022","catch_line":" Citizen suits; rights of citizens to accompany inspectors","url":"\/45.2-1022\/","token":"45.2\/II\/C\/10\/2\/45.2-1022","metadata":false},{"id":61906,"structure_id":13541,"section_number":"45.2-1023","catch_line":" Forfeiture or release of performance bond","url":"\/45.2-1023\/","token":"45.2\/II\/C\/10\/2\/45.2-1023","metadata":false},{"id":84157,"structure_id":13541,"section_number":"45.2-1024","catch_line":" Performance of reclamation operations by Director","url":"\/45.2-1024\/","token":"45.2\/II\/C\/10\/2\/45.2-1024","metadata":false},{"id":54560,"structure_id":13541,"section_number":"45.2-1025","catch_line":" Administrative review of notice or order issued under \u00a7 45.2-1020","url":"\/45.2-1025\/","token":"45.2\/II\/C\/10\/2\/45.2-1025","metadata":false},{"id":86764,"structure_id":13541,"section_number":"45.2-1026","catch_line":" Hearings","url":"\/45.2-1026\/","token":"45.2\/II\/C\/10\/2\/45.2-1026","metadata":false},{"id":76733,"structure_id":13541,"section_number":"45.2-1027","catch_line":" Judicial review of final order or decision or decision under \u00a7 45.2-1035","url":"\/45.2-1027\/","token":"45.2\/II\/C\/10\/2\/45.2-1027","metadata":false},{"id":61010,"structure_id":13541,"section_number":"45.2-1028","catch_line":" Designating areas unsuitable for coal surface mining","url":"\/45.2-1028\/","token":"45.2\/II\/C\/10\/2\/45.2-1028","metadata":false}],"previous_section":{"id":84230,"structure_id":13541,"section_number":"45.2-1019","catch_line":" Inspections and monitoring","url":"\/45.2-1019\/","token":"45.2\/II\/C\/10\/2\/45.2-1019","metadata":false},"next_section":{"id":84596,"structure_id":13541,"section_number":"45.2-1021","catch_line":" Civil and criminal penalties","url":"\/45.2-1021\/","token":"45.2\/II\/C\/10\/2\/45.2-1021","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/45.2-1020\/","history_text":"

This law was first created in 1979. The record of its establishment is cataloged in chapter 290 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1979 \u201cActs\u201d aren\u2019t available online.<\/p>","references":[{"id":54560,"section_number":"45.2-1025","catch_line":" Administrative review of notice or order issued under \u00a7 45.2-1020","order_by":null,"url":"\/45.2-1025\/"},{"id":78271,"section_number":"45.2-1048","catch_line":" Collection of reclamation tax and penalties for nonpayment","order_by":null,"url":"\/45.2-1048\/"},{"id":82572,"section_number":"45.2-1049","catch_line":" Forfeiture of bonds on operations participating in the Fund; alternative remedies","order_by":null,"url":"\/45.2-1049\/"}],"refers_to":false,"permalink":{"id":223783,"object_type":"law","relational_id":54505,"identifier":"45.2-1020","token":"45.2\/II\/C\/10\/2\/45.2-1020","url":"\/45.2-1020\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/45.2-1020\/","token":"45.2\/II\/C\/10\/2\/45.2-1020","dublin_core":{"Title":" Enforcement of chapter generally","Type":"Text","Format":"text\/html","Identifier":"\u00a7 45.2-1020","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> If the Director<\/span> determines that any condition or practice or any violation by a permittee<\/span> of any requirement of this chapter, regulation adopted hereunder, or permit<\/span> 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 harm to land, air, or water resources, the Director<\/span> shall immediately order<\/span> a cessation of the coal surface mining and reclamation operation<\/span> or the portion thereof relevant to the condition, practice, or violation. Such cessation order<\/span> shall remain in effect until the Director<\/span> determines that the condition, practice, or violation has been abated or until such order<\/span> is modified, vacated, or terminated by the Director<\/span>. Whenever the Director<\/span> finds that the ordered cessation of coal surface mining and reclamation operations<\/span>, or any portion thereof, is not expected to completely abate the imminent danger to health or safety of the public or the significant imminent environmental harm to land, air, or water resources, the Director<\/span> shall, in addition to ordering the cessation of the operation, impose affirmative obligations on the operator<\/span> and require such operator<\/span> to take whatever steps the Director<\/span> determines necessary to abate the imminent danger or the significant environmental harm. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> If the Director<\/span> determines that a permittee<\/span> is in violation of any requirement of this chapter, any regulation adopted hereunder, or any permit<\/span> condition, but such violation does not create an imminent danger to the health or safety of the public or cannot reasonably be expected to cause significant, imminent environmental harm to land, air, or water resources, the Director<\/span> shall issue<\/span> a notice of violation to the permittee<\/span> or his agent setting a reasonable period of not more than 90 days for the abatement of the violation and shall provide an opportunity for public hearing<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Upon expiration of the period of time originally set pursuant to subsection B or subsequently extended for good cause shown upon the written finding<\/span> of the Director<\/span>, if the Director<\/span> finds that a violation has not been abated, he shall immediately order<\/span> a cessation of coal surface mining and reclamation operations<\/span> or the portion thereof relevant to the violation. Such cessation order<\/span> shall remain in effect until the Director<\/span> determines that the violation has been abated or until such order<\/span> is modified, vacated, or terminated by the Director<\/span> pursuant to subsection E. The Director<\/span> shall include in the cessation order<\/span> the necessary measures to abate the violation in the most expeditious manner possible. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Whenever the Director<\/span> determines that a pattern of violations of the requirements of this chapter, any regulation adopted hereunder, or any permit<\/span> condition exists or has existed, and if the Director<\/span> also finds that such violations are (i) caused by the unwarranted failure of the permittee<\/span> to comply with any such requirements or (ii) willfully caused by the permittee<\/span>, the Director<\/span> shall promptly issue<\/span> an order<\/span> to the permittee<\/span> to show cause as to why the permit<\/span> should not be suspended or revoked and shall provide opportunity for a formal public hearing<\/span>. If a hearing<\/span> is requested, the Director<\/span> shall inform all interested parties of the time and place of the hearing<\/span>. Upon the permittee<\/span>’s failure to show cause as to why the permit<\/span> should not be suspended or revoked, the Director<\/span> shall promptly suspend or revoke the permit<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Each notice or order<\/span> issued pursuant to this section shall set forth with reasonable specificity the nature of the violation and the remedial action required, the period of time established for abatement, and a reasonable description of the portion of the coal surface mining and reclamation operation<\/span> to which the notice or order<\/span> applies. Each notice or order<\/span> shall be given promptly to the permittee<\/span> or his agent by the Director<\/span> and shall be in writing and signed by the Director<\/span>. Any notice or order<\/span> issued pursuant to this section may be modified, vacated, or terminated by the Director<\/span>. Any notice or order<\/span> issued pursuant to this section that requires cessation of mining by the operator<\/span> shall expire within 30 days of actual notice to the operator<\/span> unless an informal public hearing<\/span> is held at the site or close enough to the site to allow viewings thereof during the course of the public hearing<\/span>. Such informal public hearing<\/span> may be waived by the operator<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> The Director<\/span> may institute a civil action<\/span> for injunctive or other relief in any court<\/span> of competent jurisdiction<\/span> whenever any permittee<\/span> or his agent, or any other person<\/span>: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Violates or fails or refuses to comply with any order<\/span> or decision issued by the Director<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Interferes with, hinders, or delays the Director<\/span> in carrying out the provisions of this chapter or the regulations adopted hereunder; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Refuses to admit the Director<\/span> to a mine; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Refuses to permit<\/span> inspection of a mine; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Refuses to furnish any information or report requested by the Director<\/span> pursuant to the provisions of this chapter or the regulations adopted hereunder; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> Refuses to permit<\/span> access to, and copying of, such records as the Director<\/span> determines necessary in carrying out the provisions of this chapter or the regulations adopted hereunder; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> Conducts any coal surface mining or coal exploration operation without first obtaining a permit<\/span>, after a permit<\/span> has lapsed, or after suspension or revocation<\/span> of a permit<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\n ENFORCEMENT OF CHAPTER GENERALLY (\u00a7 45.2-1020)\n\nA. If the Director determines that any condition or practice or any violation by\na permittee of any requirement of this chapter, regulation adopted hereunder, or\npermit condition (i) creates an imminent danger to the health or safety of the\npublic or (ii) is causing or can reasonably be expected to cause significant,\nimminent environmental harm to land, air, or water resources, the Director shall\nimmediately order a cessation of the coal surface mining and reclamation\noperation or the portion thereof relevant to the condition, practice, or\nviolation. Such cessation order shall remain in effect until the Director\ndetermines that the condition, practice, or violation has been abated or until\nsuch order is modified, vacated, or terminated by the Director. Whenever the\nDirector finds that the ordered cessation of coal surface mining and reclamation\noperations, or any portion thereof, is not expected to completely abate the\nimminent danger to health or safety of the public or the significant imminent\nenvironmental harm to land, air, or water resources, the Director shall, in\naddition to ordering the cessation of the operation, impose affirmative\nobligations on the operator and require such operator to take whatever steps the\nDirector determines necessary to abate the imminent danger or the significant\nenvironmental harm.\n\nB. If the Director determines that a permittee is in violation of any\nrequirement of this chapter, any regulation adopted hereunder, or any permit\ncondition, but such violation does not create an imminent danger to the health\nor safety of the public or cannot reasonably be expected to cause significant,\nimminent environmental harm to land, air, or water resources, the Director shall\nissue a notice of violation to the permittee or his agent setting a reasonable\nperiod of not more than 90 days for the abatement of the violation and shall\nprovide an opportunity for public hearing.\n\nC. Upon expiration of the period of time originally set pursuant to subsection B\nor subsequently extended for good cause shown upon the written finding of the\nDirector, if the Director finds that a violation has not been abated, he shall\nimmediately order a cessation of coal surface mining and reclamation operations\nor the portion thereof relevant to the violation. Such cessation order shall\nremain in effect until the Director determines that the violation has been\nabated or until such order is modified, vacated, or terminated by the Director\npursuant to subsection E. The Director shall include in the cessation order the\nnecessary measures to abate the violation in the most expeditious manner\npossible.\n\nD. Whenever the Director determines that a pattern of violations of the\nrequirements of this chapter, any regulation adopted hereunder, or any permit\ncondition exists or has existed, and if the Director also finds that such\nviolations are (i) caused by the unwarranted failure of the permittee to comply\nwith any such requirements or (ii) willfully caused by the permittee, the\nDirector shall promptly issue an order to the permittee to show cause as to why\nthe permit should not be suspended or revoked and shall provide opportunity for\na formal public hearing. If a hearing is requested, the Director shall inform\nall interested parties of the time and place of the hearing. Upon the\npermittee’s failure to show cause as to why the permit should not be\nsuspended or revoked, the Director shall promptly suspend or revoke the permit.\n\nE. Each notice or order issued pursuant to this section shall set forth with\nreasonable specificity the nature of the violation and the remedial action\nrequired, the period of time established for abatement, and a reasonable\ndescription of the portion of the coal surface mining and reclamation operation\nto which the notice or order applies. Each notice or order shall be given\npromptly to the permittee or his agent by the Director and shall be in writing\nand signed by the Director. Any notice or order issued pursuant to this section\nmay be modified, vacated, or terminated by the Director. Any notice or order\nissued pursuant to this section that requires cessation of mining by the\noperator shall expire within 30 days of actual notice to the operator unless an\ninformal public hearing is held at the site or close enough to the site to allow\nviewings thereof during the course of the public hearing. Such informal public\nhearing may be waived by the operator.\n\nF. The Director may institute a civil action for injunctive or other relief in\nany court of competent jurisdiction whenever any permittee or his agent, or any\nother person:\n\n 1. Violates or fails or refuses to comply with any order or decision issued by\n the Director;\n\n 2. Interferes with, hinders, or delays the Director in carrying out the\n provisions of this chapter or the regulations adopted hereunder;\n\n 3. Refuses to admit the Director to a mine;\n\n 4. Refuses to permit inspection of a mine;\n\n 5. Refuses to furnish any information or report requested by the Director\n pursuant to the provisions of this chapter or the regulations adopted\n hereunder;\n\n 6. Refuses to permit access to, and copying of, such records as the Director\n determines necessary in carrying out the provisions of this chapter or the\n regulations adopted hereunder; or\n\n 7. Conducts any coal surface mining or coal exploration operation without\n first obtaining a permit, after a permit has lapsed, or after suspension or\n revocation of a permit.\n\nHISTORY: 1979, c. 290, \u00a7 45.1-245; 2021, Sp. Sess. I, c. 387.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}