{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/45.2-1021.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/45.2-1021.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/45.2-1021.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/45.2-1021.html"}],"law_id":84596,"edition_id":1,"section_id":84596,"structure_id":13541,"section_number":"45.2-1021","catch_line":" Civil and criminal penalties","history":"1979, c. 290, \u00a7 45.1-246; 1980, c. 510; 1993, c. 663; 2005, c. 3; 2021, Sp. Sess. I, cc. 384, 387.","full_text":"A\n\nAny permittee who violates any permit condition or any other provision of this chapter or the regulations adopted hereunder may be assessed a civil penalty by the Director, except that if such violation leads to the issuance of a cessation order, the civil penalty shall be assessed. Such penalty shall not exceed $5,000 for each violation except that if the violation resulted in a personal injury or fatality to any person, then the civil penalty shall not exceed $70,000 for each violation. Each day of continuing violation may be deemed a separate violation for the purposes of assessing penalties. In determining the amount of the penalty, consideration shall be given to the permittee’s history of previous violations at the particular coal surface mining operation; the seriousness of the violation, including any irreparable harm to the environment and any hazard to the health or safety of the public; whether the permittee was negligent; and the demonstrated good faith of the permittee charged in attempting to achieve rapid compliance after notification of the violation.B\n\nA civil penalty may be assessed by the Director only after the person charged with a violation has been given an opportunity for a public hearing. After such public hearing has been held, the Director shall make findings of fact and issue a written decision as to the occurrence of the violation and the amount of the penalty that is warranted, incorporating therein, when appropriate, an order requiring that the penalty be paid. When appropriate, the Director shall consolidate such hearing with other proceedings pursuant to the provisions of this chapter. Any hearing under this section shall be a formal adjudicatory hearing in accordance with the Administrative Process Act (§ 2.2-4000 et seq.). If the person charged with such violation fails to avail himself of the opportunity for a public hearing, a civil penalty shall be assessed by the Director after the Director determines that a violation has occurred and the amount of the penalty warranted and issues an order requiring that the penalty be paid.C\n\nUpon the issuance of a notice or order charging that a violation described under subsection A has occurred, the Director shall inform the permittee within 30 days of the proposed amount of the penalty. Such permittee shall, within 30 days of being so informed, pay the proposed penalty in full or, if the permittee contests either the amount of the penalty or the fact of the violation, forward the proposed amount to the Director for placement in an interest-bearing trust account in the state treasury. Failure to forward the money to the Director within 30 days constitutes a waiver of all legal rights to contest the violation or the amount of the penalty. If through administrative or judicial review of the proposed penalty it is determined that no violation occurred or that the amount of the penalty will be reduced, the Director shall within 30 days of such determination remit the appropriate amount to the permittee with accrued interest thereon.D\n\nIf a permittee required to pay a civil penalty fails to do so, the Director may transmit a true copy of the final order assessing such penalty to the clerk of the court of any county or city wherein it is ascertained that the permittee owing the penalty has any estate; and the clerk to whom such copy is sent shall record such final order, as a judgment is required by law to be recorded, and index it in the name of the Commonwealth and the name of the person owing the penalty. Upon such recording and indexing, there shall be a lien in favor of the Commonwealth on the property of the permittee within such county or city in the amount of the penalty. The Director may collect civil penalties that are owed in the same manner as provided by law in respect to judgment of a court of record. All civil penalties shall be paid into a special fund in the state treasury to be used by the Director for enhancing conservation and recreational opportunities in the coal-producing counties of the Commonwealth. The Director shall transfer quarterly 50 percent of the fund balance to the Virginia Coalfield Economic Development Authority, created pursuant to Chapter 60 (§ 15.2-6000 et seq.) of Title 15.2, for the purposes of developing infrastructure and improvements at Breaks Interstate Park and 50 percent of the fund balance to the Heart of Appalachia Tourism Authority for the purpose of developing conservation and recreational opportunities consistent with the provisions of Chapter 55 (§ 15.2-5500 et seq.) of Title 15.2.E\n\nAny person who willfully and knowingly (i) conducts any coal surface mining or coal exploration operation without first obtaining a permit, or after a permit has lapsed, or after suspension or revocation of a permit; (ii) violates a condition of a permit issued pursuant to this chapter; or (iii) disregards or fails or refuses to comply with any regulation adopted or order issued pursuant to the provisions of this chapter, except an order incorporated in a decision under subsection B, shall upon conviction be punished by a fine of not more than $10,000, by confinement in jail for not more than 12 months, or both.F\n\nWhenever a corporate permittee violates a condition of a permit or disregards or fails or refuses to comply with any order issued under this chapter, except an order incorporated in a decision issued under subsection B, any director, officer, or agent of such corporation who willfully and knowingly authorized, ordered, or carried out such violation, failure, or refusal is subject to the same civil penalties, fines, and confinement in jail to which a person may be subject under subsections A and E.G\n\nWhoever knowingly makes any false statement, representation, or certification, or knowingly fails to make any required statement, representation, or certification, in any application, objection, record, report, plan, or other document filed or required to be maintained pursuant to this chapter, any regulation adopted hereunder, or any order or decision issued by the Director under this chapter shall upon conviction be punished by a fine of not more than $10,000, by confinement in jail for not more than 12 months, or both.H\n\nAny operator who within the period permitted for the correction of such violation fails to correct a violation for which a notice or order has been issued shall be assessed a civil penalty of not less than $750 for each day during which such failure or violation occurs. Such period for the correction of a violation shall not end until the entry of (i) a final order by the Director, in the case of any review proceedings initiated by the operator wherein the Director orders, after an expedited hearing, the suspension of the abatement requirements of the notice or order after determining that the operator is likely to suffer irreparable loss or damage from the application of such requirements or (ii) an order of the court, in the case of any review proceedings initiated by the operator wherein the court orders the suspension of the abatement requirements.","order_by":null,"text":{"0":{"id":303156,"text":"Any permittee who violates any permit condition or any other provision of this chapter or the regulations adopted hereunder may be assessed a civil penalty by the Director, except that if such violation leads to the issuance of a cessation order, the civil penalty shall be assessed. Such penalty shall not exceed $5,000 for each violation except that if the violation resulted in a personal injury or fatality to any person, then the civil penalty shall not exceed $70,000 for each violation. Each day of continuing violation may be deemed a separate violation for the purposes of assessing penalties. In determining the amount of the penalty, consideration shall be given to the permittee’s history of previous violations at the particular coal surface mining operation; the seriousness of the violation, including any irreparable harm to the environment and any hazard to the health or safety of the public; whether the permittee was negligent; and the demonstrated good faith of the permittee charged in attempting to achieve rapid compliance after notification of the violation.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":303157,"text":"A civil penalty may be assessed by the Director only after the person charged with a violation has been given an opportunity for a public hearing. After such public hearing has been held, the Director shall make findings of fact and issue a written decision as to the occurrence of the violation and the amount of the penalty that is warranted, incorporating therein, when appropriate, an order requiring that the penalty be paid. When appropriate, the Director shall consolidate such hearing with other proceedings pursuant to the provisions of this chapter. Any hearing under this section shall be a formal adjudicatory hearing in accordance with the Administrative Process Act (§ 2.2-4000 et seq.). If the person charged with such violation fails to avail himself of the opportunity for a public hearing, a civil penalty shall be assessed by the Director after the Director determines that a violation has occurred and the amount of the penalty warranted and issues an order requiring that the penalty be paid.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":303158,"text":"Upon the issuance of a notice or order charging that a violation described under subsection A has occurred, the Director shall inform the permittee within 30 days of the proposed amount of the penalty. Such permittee shall, within 30 days of being so informed, pay the proposed penalty in full or, if the permittee contests either the amount of the penalty or the fact of the violation, forward the proposed amount to the Director for placement in an interest-bearing trust account in the state treasury. Failure to forward the money to the Director within 30 days constitutes a waiver of all legal rights to contest the violation or the amount of the penalty. If through administrative or judicial review of the proposed penalty it is determined that no violation occurred or that the amount of the penalty will be reduced, the Director shall within 30 days of such determination remit the appropriate amount to the permittee with accrued interest thereon.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":303159,"text":"If a permittee required to pay a civil penalty fails to do so, the Director may transmit a true copy of the final order assessing such penalty to the clerk of the court of any county or city wherein it is ascertained that the permittee owing the penalty has any estate; and the clerk to whom such copy is sent shall record such final order, as a judgment is required by law to be recorded, and index it in the name of the Commonwealth and the name of the person owing the penalty. Upon such recording and indexing, there shall be a lien in favor of the Commonwealth on the property of the permittee within such county or city in the amount of the penalty. The Director may collect civil penalties that are owed in the same manner as provided by law in respect to judgment of a court of record. All civil penalties shall be paid into a special fund in the state treasury to be used by the Director for enhancing conservation and recreational opportunities in the coal-producing counties of the Commonwealth. The Director shall transfer quarterly 50 percent of the fund balance to the Virginia Coalfield Economic Development Authority, created pursuant to Chapter 60 (§ 15.2-6000 et seq.) of Title 15.2, for the purposes of developing infrastructure and improvements at Breaks Interstate Park and 50 percent of the fund balance to the Heart of Appalachia Tourism Authority for the purpose of developing conservation and recreational opportunities consistent with the provisions of Chapter 55 (§ 15.2-5500 et seq.) of Title 15.2.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":303160,"text":"Any person who willfully and knowingly (i) conducts any coal surface mining or coal exploration operation without first obtaining a permit, or after a permit has lapsed, or after suspension or revocation of a permit; (ii) violates a condition of a permit issued pursuant to this chapter; or (iii) disregards or fails or refuses to comply with any regulation adopted or order issued pursuant to the provisions of this chapter, except an order incorporated in a decision under subsection B, shall upon conviction be punished by a fine of not more than $10,000, by confinement in jail for not more than 12 months, or both.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":303161,"text":"Whenever a corporate permittee violates a condition of a permit or disregards or fails or refuses to comply with any order issued under this chapter, except an order incorporated in a decision issued under subsection B, any director, officer, or agent of such corporation who willfully and knowingly authorized, ordered, or carried out such violation, failure, or refusal is subject to the same civil penalties, fines, and confinement in jail to which a person may be subject under subsections A and E.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"6":{"id":303162,"text":"Whoever knowingly makes any false statement, representation, or certification, or knowingly fails to make any required statement, representation, or certification, in any application, objection, record, report, plan, or other document filed or required to be maintained pursuant to this chapter, any regulation adopted hereunder, or any order or decision issued by the Director under this chapter shall upon conviction be punished by a fine of not more than $10,000, by confinement in jail for not more than 12 months, or both.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"7":{"id":303163,"text":"Any operator who within the period permitted for the correction of such violation fails to correct a violation for which a notice or order has been issued shall be assessed a civil penalty of not less than $750 for each day during which such failure or violation occurs. Such period for the correction of a violation shall not end until the entry of (i) a final order by the Director, in the case of any review proceedings initiated by the operator wherein the Director orders, after an expedited hearing, the suspension of the abatement requirements of the notice or order after determining that the operator is likely to suffer irreparable loss or damage from the application of such requirements or (ii) an order of the court, in the case of any review proceedings initiated by the operator wherein the court orders the suspension of the abatement requirements.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/45.2-1021\/","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. It has been modified 3 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1980, chapter 510; in 1993, chapter 663; in 2005, chapter 3<\/a>.<\/p>","references":false,"refers_to":[{"id":67975,"section_number":"15.2-5500","catch_line":"Heart of Appalachia Tourism Authority","order_by":null,"url":"\/15.2-5500\/"},{"id":54848,"section_number":"15.2-6000","catch_line":"Authority created; name","order_by":null,"url":"\/15.2-6000\/"},{"id":86911,"section_number":"2.2-4000","catch_line":"Short title; purpose","order_by":null,"url":"\/2.2-4000\/"}],"permalink":{"id":223787,"object_type":"law","relational_id":84596,"identifier":"45.2-1021","token":"45.2\/II\/C\/10\/2\/45.2-1021","url":"\/45.2-1021\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/45.2-1021\/","token":"45.2\/II\/C\/10\/2\/45.2-1021","dublin_core":{"Title":" Civil and criminal penalties","Type":"Text","Format":"text\/html","Identifier":"\u00a7 45.2-1021","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Any permittee<\/span> who violates any permit<\/span> condition or any other provision of this chapter or the regulations adopted hereunder may be assessed a civil penalty<\/span> by the Director<\/span>, except that if such violation leads to the issuance of a cessation order<\/span>, the civil penalty<\/span> shall be assessed. Such penalty<\/span> shall not exceed $5,000 for each violation except that if the violation resulted in a personal injury or fatality to any person<\/span>, then the civil penalty<\/span> shall not exceed $70,000 for each violation. Each day of continuing violation may be deemed a separate violation for the purposes of assessing penalties. In determining the amount of the penalty<\/span>, consideration shall be given to the permittee<\/span>’s history of previous violations at the particular coal surface mining operation; the seriousness of the violation, including any irreparable harm to the environment and any hazard to the health or safety of the public; whether the permittee<\/span> was negligent; and the demonstrated good faith of the permittee<\/span> charged in attempting to achieve rapid compliance after notification of the violation. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> A civil penalty<\/span> may be assessed by the Director<\/span> only after the person<\/span> charged with a violation has been given an opportunity for a public hearing<\/span>. After such public hearing<\/span> has been held, the Director<\/span> shall make findings<\/span> of fact<\/span> and issue<\/span> a written decision as to the occurrence of the violation and the amount of the penalty<\/span> that is warranted, incorporating therein, when appropriate, an order<\/span> requiring that the penalty<\/span> be paid. When appropriate, the Director<\/span> shall consolidate such hearing<\/span> with other proceedings pursuant to the provisions of this chapter. Any hearing<\/span> under this section shall be a formal adjudicatory hearing<\/span> in accordance with the Administrative Process Act (§ 2.2-4000<\/a> et seq.). If the person<\/span> charged with such violation fails to avail himself of the opportunity for a public hearing<\/span>, a civil penalty<\/span> shall be assessed by the Director<\/span> after the Director<\/span> determines that a violation has occurred and the amount of the penalty<\/span> warranted and issues<\/span> an order<\/span> requiring that the penalty<\/span> be paid. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Upon the issuance of a notice or order<\/span> charging that a violation described under subsection A has occurred, the Director<\/span> shall inform the permittee<\/span> within 30 days of the proposed amount of the penalty<\/span>. Such permittee<\/span> shall, within 30 days of being so informed, pay the proposed penalty<\/span> in full or, if the permittee<\/span> contests either the amount of the penalty<\/span> or the fact<\/span> of the violation, forward the proposed amount to the Director<\/span> for placement in an interest-bearing trust account in the state treasury. Failure to forward the money to the Director<\/span> within 30 days constitutes a waiver<\/span> of all legal rights to contest the violation or the amount of the penalty<\/span>. If through administrative or judicial review of the proposed penalty<\/span> it is determined that no violation occurred or that the amount of the penalty<\/span> will be reduced, the Director<\/span> shall within 30 days of such determination remit the appropriate amount to the permittee<\/span> with accrued interest thereon. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> If a permittee<\/span> required to pay a civil penalty<\/span> fails to do so, the Director<\/span> may transmit a true copy of the final order<\/span> assessing such penalty<\/span> to the clerk of the court<\/span> of any county or city wherein it is ascertained that the permittee<\/span> owing the penalty<\/span> has any estate; and the clerk to whom such copy is sent shall record such final order<\/span>, as a judgment<\/span> is required by law<\/span> to be recorded, and index it in the name of the Commonwealth and the name of the person<\/span> owing the penalty<\/span>. Upon such recording and indexing, there shall be a lien<\/span> in favor of the Commonwealth on the property of the permittee<\/span> within such county or city in the amount of the penalty<\/span>. The Director<\/span> may collect civil penalties that are owed in the same manner as provided by law<\/span> in respect to judgment<\/span> of a court<\/span> of record. All civil penalties shall be paid into a special fund in the state treasury to be used by the Director<\/span> for enhancing conservation and recreational opportunities in the coal-producing counties of the Commonwealth. The Director<\/span> shall transfer quarterly 50 percent of the fund balance to the Virginia Coalfield Economic Development Authority, created pursuant to Chapter 60 (§ 15.2-6000<\/a> et seq.) of Title 15.2, for the purposes of developing infrastructure and improvements at Breaks Interstate Park and 50 percent of the fund balance to the Heart of Appalachia Tourism Authority for the purpose of developing conservation and recreational opportunities consistent with the provisions of Chapter 55 (§ 15.2-5500<\/a> et seq.) of Title 15.2. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Any person<\/span> who willfully and knowingly (i) conducts any coal surface mining or coal exploration operation without first obtaining a permit<\/span>, or after a permit<\/span> has lapsed, or after suspension or revocation<\/span> of a permit<\/span>; (ii) violates a condition of a permit<\/span> issued pursuant to this chapter; or (iii) disregards or fails or refuses to comply with any regulation adopted or order issued pursuant to the provisions of this chapter, except an order incorporated in a decision under subsection B, shall upon conviction<\/span> be punished by a fine of not more than $10,000, by confinement in jail for not more than 12 months, or both. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> Whenever a corporate permittee<\/span> violates a condition of a permit<\/span> or disregards or fails or refuses to comply with any order issued under this chapter, except an order incorporated in a decision issued under subsection B, any director<\/span>, officer, or agent of such corporation who willfully and knowingly authorized, ordered, or carried out such violation, failure, or refusal is subject to the same civil penalties, fines, and confinement in jail to which a person<\/span> may be subject under subsections A and E. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> Whoever knowingly makes any false statement, representation, or certification, or knowingly fails to make any required statement, representation, or certification, in any application, objection, record, report, plan, or other document filed or required to be maintained pursuant to this chapter, any regulation adopted hereunder, or any order or decision issued by the Director<\/span> under this chapter shall upon conviction<\/span> be punished by a fine of not more than $10,000, by confinement in jail for not more than 12 months, or both. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> Any operator<\/span> who within the period permitted for the correction of such violation fails to correct a violation for which a notice or order has been issued shall be assessed a civil penalty<\/span> of not less than $750 for each day during which such failure or violation occurs. Such period for the correction of a violation shall not end until the entry of (i) a final order<\/span> by the Director<\/span>, in the case of any review proceedings initiated by the operator<\/span> wherein the Director<\/span> orders, after an expedited hearing<\/span>, the suspension of the abatement requirements of the notice or order after determining that the operator<\/span> is likely to suffer irreparable loss or damage from the application of such requirements or (ii) an order of the court, in the case of any review proceedings initiated by the operator<\/span> wherein the court orders<\/span> the suspension of the abatement requirements. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\n CIVIL AND CRIMINAL PENALTIES (\u00a7 45.2-1021)\n\nA. Any permittee who violates any permit condition or any other provision of\nthis chapter or the regulations adopted hereunder may be assessed a civil\npenalty by the Director, except that if such violation leads to the issuance of\na cessation order, the civil penalty shall be assessed. Such penalty shall not\nexceed $5,000 for each violation except that if the violation resulted in a\npersonal injury or fatality to any person, then the civil penalty shall not\nexceed $70,000 for each violation. Each day of continuing violation may be\ndeemed a separate violation for the purposes of assessing penalties. In\ndetermining the amount of the penalty, consideration shall be given to the\npermittee’s history of previous violations at the particular coal surface\nmining operation; the seriousness of the violation, including any irreparable\nharm to the environment and any hazard to the health or safety of the public;\nwhether the permittee was negligent; and the demonstrated good faith of the\npermittee charged in attempting to achieve rapid compliance after notification\nof the violation.\n\nB. A civil penalty may be assessed by the Director only after the person charged\nwith a violation has been given an opportunity for a public hearing. After such\npublic hearing has been held, the Director shall make findings of fact and issue\na written decision as to the occurrence of the violation and the amount of the\npenalty that is warranted, incorporating therein, when appropriate, an order\nrequiring that the penalty be paid. When appropriate, the Director shall\nconsolidate such hearing with other proceedings pursuant to the provisions of\nthis chapter. Any hearing under this section shall be a formal adjudicatory\nhearing in accordance with the Administrative Process Act (§ 2.2-4000 et\nseq.). If the person charged with such violation fails to avail himself of the\nopportunity for a public hearing, a civil penalty shall be assessed by the\nDirector after the Director determines that a violation has occurred and the\namount of the penalty warranted and issues an order requiring that the penalty\nbe paid.\n\nC. Upon the issuance of a notice or order charging that a violation described\nunder subsection A has occurred, the Director shall inform the permittee within\n30 days of the proposed amount of the penalty. Such permittee shall, within 30\ndays of being so informed, pay the proposed penalty in full or, if the permittee\ncontests either the amount of the penalty or the fact of the violation, forward\nthe proposed amount to the Director for placement in an interest-bearing trust\naccount in the state treasury. Failure to forward the money to the Director\nwithin 30 days constitutes a waiver of all legal rights to contest the violation\nor the amount of the penalty. If through administrative or judicial review of\nthe proposed penalty it is determined that no violation occurred or that the\namount of the penalty will be reduced, the Director shall within 30 days of such\ndetermination remit the appropriate amount to the permittee with accrued\ninterest thereon.\n\nD. If a permittee required to pay a civil penalty fails to do so, the Director\nmay transmit a true copy of the final order assessing such penalty to the clerk\nof the court of any county or city wherein it is ascertained that the permittee\nowing the penalty has any estate; and the clerk to whom such copy is sent shall\nrecord such final order, as a judgment is required by law to be recorded, and\nindex it in the name of the Commonwealth and the name of the person owing the\npenalty. Upon such recording and indexing, there shall be a lien in favor of the\nCommonwealth on the property of the permittee within such county or city in the\namount of the penalty. The Director may collect civil penalties that are owed in\nthe same manner as provided by law in respect to judgment of a court of record.\nAll civil penalties shall be paid into a special fund in the state treasury to\nbe used by the Director for enhancing conservation and recreational\nopportunities in the coal-producing counties of the Commonwealth. The Director\nshall transfer quarterly 50 percent of the fund balance to the Virginia\nCoalfield Economic Development Authority, created pursuant to Chapter 60 (§\n15.2-6000 et seq.) of Title 15.2, for the purposes of developing infrastructure\nand improvements at Breaks Interstate Park and 50 percent of the fund balance to\nthe Heart of Appalachia Tourism Authority for the purpose of developing\nconservation and recreational opportunities consistent with the provisions of\nChapter 55 (§ 15.2-5500 et seq.) of Title 15.2.\n\nE. Any person who willfully and knowingly (i) conducts any coal surface mining\nor coal exploration operation without first obtaining a permit, or after a\npermit has lapsed, or after suspension or revocation of a permit; (ii) violates\na condition of a permit issued pursuant to this chapter; or (iii) disregards or\nfails or refuses to comply with any regulation adopted or order issued pursuant\nto the provisions of this chapter, except an order incorporated in a decision\nunder subsection B, shall upon conviction be punished by a fine of not more than\n$10,000, by confinement in jail for not more than 12 months, or both.\n\nF. Whenever a corporate permittee violates a condition of a permit or disregards\nor fails or refuses to comply with any order issued under this chapter, except\nan order incorporated in a decision issued under subsection B, any director,\nofficer, or agent of such corporation who willfully and knowingly authorized,\nordered, or carried out such violation, failure, or refusal is subject to the\nsame civil penalties, fines, and confinement in jail to which a person may be\nsubject under subsections A and E.\n\nG. Whoever knowingly makes any false statement, representation, or\ncertification, or knowingly fails to make any required statement,\nrepresentation, or certification, in any application, objection, record, report,\nplan, or other document filed or required to be maintained pursuant to this\nchapter, any regulation adopted hereunder, or any order or decision issued by\nthe Director under this chapter shall upon conviction be punished by a fine of\nnot more than $10,000, by confinement in jail for not more than 12 months, or\nboth.\n\nH. Any operator who within the period permitted for the correction of such\nviolation fails to correct a violation for which a notice or order has been\nissued shall be assessed a civil penalty of not less than $750 for each day\nduring which such failure or violation occurs. Such period for the correction of\na violation shall not end until the entry of (i) a final order by the Director,\nin the case of any review proceedings initiated by the operator wherein the\nDirector orders, after an expedited hearing, the suspension of the abatement\nrequirements of the notice or order after determining that the operator is\nlikely to suffer irreparable loss or damage from the application of such\nrequirements or (ii) an order of the court, in the case of any review\nproceedings initiated by the operator wherein the court orders the suspension of\nthe abatement requirements.\n\nHISTORY: 1979, c. 290, \u00a7 45.1-246; 1980, c. 510; 1993, c. 663; 2005, c. 3;\n2021, Sp. Sess. I, cc. 384, 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}}