{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/45.2-1022.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/45.2-1022.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/45.2-1022.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/45.2-1022.html"}],"law_id":80009,"edition_id":1,"section_id":80009,"structure_id":13541,"section_number":"45.2-1022","catch_line":" Citizen suits; rights of citizens to accompany inspectors","history":"1980, c. 510, \u00a7 45.1-246.1; 2021, Sp. Sess. I, c. 387.","full_text":"A\n\nExcept as provided in subsection B or C, any person having an interest that is or could be adversely affected may, in order to compel compliance with the provisions of this chapter, commence a civil action on his own behalf against:1\n\nThe United States, any other governmental instrumentality or agency, or any person alleged to be in violation of any provision of this chapter or of any regulation, order, or permit issued pursuant thereto; or2\n\nThe Director, when there is alleged a failure of the Director to perform any act or duty under this chapter that is not a discretionary act on the part of the Director.B\n\nNo action shall be commenced under subdivision A 1:1\n\nPrior to 60 days after the plaintiff has given written notice of the violation to the Secretary, the Director, and any alleged violator; or2\n\nIf the Commonwealth or the Secretary has commenced and is diligently prosecuting a civil or criminal action in a court of the United States or the Commonwealth to require compliance with the provisions of this chapter, or any regulation, order, or permit issued pursuant to this chapter, so long as in any such action in a court of the Commonwealth, any person is entitled to intervene as a matter of right.C\n\nNo action shall be commenced under subdivision A 2 prior to 60 days after the plaintiff has given written notice of such action to the Director in a manner prescribed by regulation. However, such action may be brought immediately after such notification in any case in which it is alleged that a violation or order would constitute an imminent threat to the health or safety of the plaintiff or would immediately affect a legal interest of the plaintiff.D\n\nAny action with respect to a violation of this chapter or a regulation adopted hereunder may be brought only in the circuit court of the county or city in which the surface coal mining operation complained of is located. In any such action commenced under the provisions of this section, the Director may intervene as a matter of right, whether or not the Director is a party to the action.E\n\nThe court, in issuing any final order in any action brought pursuant to subsection A, may award costs of litigation, including attorney and expert witness fees, to any party if the court determines such award is appropriate. If a preliminary injunction is sought, the court may require the filing of a bond or equivalent security in accordance with the rules of civil procedure.F\n\nNothing in this section shall restrict any common-law or statutory right of any person or class of persons to seek enforcement of any provision of this chapter or the regulations adopted hereunder or to seek any other relief, including relief against the Director.G\n\nAny person who as a result of the violation by any operator of any regulation, order, or permit issued pursuant to this chapter suffers injury to his person or property may bring an action for damages, including reasonable attorney and expert witness fees. Such action shall be brought only in the circuit court of the county or city in which the surface coal mining operation complained of is located. Nothing in this subsection shall affect the rights established by or limits imposed under the Virginia Workers&#8217; Compensation Act (&#xA7; 65.2-100 et seq.).H\n\nWhenever information provided to the Director by any person results in any inspection, the Director shall notify such person of the time at which the inspection is scheduled to occur, and such person shall be allowed to accompany the inspector during the inspection.","order_by":null,"text":{"0":{"id":286532,"text":"Except as provided in subsection B or C, any person having an interest that is or could be adversely affected may, in order to compel compliance with the provisions of this chapter, commence a civil action on his own behalf against:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":286533,"text":"The United States, any other governmental instrumentality or agency, or any person alleged to be in violation of any provision of this chapter or of any regulation, order, or permit issued pursuant thereto; or","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":286534,"text":"The Director, when there is alleged a failure of the Director to perform any act or duty under this chapter that is not a discretionary act on the part of the Director.","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"B"},"3":{"id":286535,"text":"No action shall be commenced under subdivision A 1:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A2","next_prefix":"B1"},"4":{"id":286536,"text":"Prior to 60 days after the plaintiff has given written notice of the violation to the Secretary, the Director, and any alleged violator; or","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"5":{"id":286537,"text":"If the Commonwealth or the Secretary has commenced and is diligently prosecuting a civil or criminal action in a court of the United States or the Commonwealth to require compliance with the provisions of this chapter, or any regulation, order, or permit issued pursuant to this chapter, so long as in any such action in a court of the Commonwealth, any person is entitled to intervene as a matter of right.","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"C"},"6":{"id":286538,"text":"No action shall be commenced under subdivision A 2 prior to 60 days after the plaintiff has given written notice of such action to the Director in a manner prescribed by regulation. However, such action may be brought immediately after such notification in any case in which it is alleged that a violation or order would constitute an imminent threat to the health or safety of the plaintiff or would immediately affect a legal interest of the plaintiff.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B2","next_prefix":"D"},"7":{"id":286539,"text":"Any action with respect to a violation of this chapter or a regulation adopted hereunder may be brought only in the circuit court of the county or city in which the surface coal mining operation complained of is located. In any such action commenced under the provisions of this section, the Director may intervene as a matter of right, whether or not the Director is a party to the action.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"8":{"id":286540,"text":"The court, in issuing any final order in any action brought pursuant to subsection A, may award costs of litigation, including attorney and expert witness fees, to any party if the court determines such award is appropriate. If a preliminary injunction is sought, the court may require the filing of a bond or equivalent security in accordance with the rules of civil procedure.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"9":{"id":286541,"text":"Nothing in this section shall restrict any common-law or statutory right of any person or class of persons to seek enforcement of any provision of this chapter or the regulations adopted hereunder or to seek any other relief, including relief against the Director.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"10":{"id":286542,"text":"Any person who as a result of the violation by any operator of any regulation, order, or permit issued pursuant to this chapter suffers injury to his person or property may bring an action for damages, including reasonable attorney and expert witness fees. Such action shall be brought only in the circuit court of the county or city in which the surface coal mining operation complained of is located. Nothing in this subsection shall affect the rights established by or limits imposed under the Virginia Workers&#8217; Compensation Act (&#xA7; 65.2-100 et seq.).","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"11":{"id":286543,"text":"Whenever information provided to the Director by any person results in any inspection, the Director shall notify such person of the time at which the inspection is scheduled to occur, and such person shall be allowed to accompany the inspector during the inspection.","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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/45.2-1022\/","history_text":"<p>This law was first created in 1980. The record of its establishment is cataloged in chapter 510 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 1980 \u201cActs\u201d aren\u2019t available online.<\/p>","references":false,"refers_to":[{"id":67999,"section_number":"65.2-100","catch_line":"Short title","order_by":null,"url":"\/65.2-100\/"}],"permalink":{"id":223791,"object_type":"law","relational_id":80009,"identifier":"45.2-1022","token":"45.2\/II\/C\/10\/2\/45.2-1022","url":"\/45.2-1022\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/45.2-1022\/","token":"45.2\/II\/C\/10\/2\/45.2-1022","dublin_core":{"Title":" Citizen suits; rights of citizens to accompany inspectors","Type":"Text","Format":"text\/html","Identifier":"\u00a7 45.2-1022","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> Except as provided in subsection B or C, any <span class=\"dictionary\">person<\/span> having an interest that is or could be adversely affected may, in <span class=\"dictionary\">order<\/span> to compel compliance with the provisions of this chapter, commence a <span class=\"dictionary\">civil action<\/span> on his own behalf against: <a id=\"paragraph-286532\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/45.2-1022\/#A\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"A1\" class=\"indent-1\"><p><span class=\"prefix-number\">1.<\/span> The United States, any other governmental instrumentality or agency, or any <span class=\"dictionary\">person<\/span> alleged to be in violation of any provision of this chapter or of any regulation, <span class=\"dictionary\">order<\/span>, or <span class=\"dictionary\">permit<\/span> issued pursuant thereto; or <a id=\"paragraph-286533\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/45.2-1022\/#A1\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"A2\" class=\"indent-1\"><p><span class=\"prefix-number\">2.<\/span> The <span class=\"dictionary\">Director<\/span>, when there is alleged a failure of the <span class=\"dictionary\">Director<\/span> to perform any act or duty under this chapter that is not a discretionary act on the part of the <span class=\"dictionary\">Director<\/span>. <a id=\"paragraph-286534\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/45.2-1022\/#A2\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B\"><p><span class=\"prefix-number\">B.<\/span> No action shall be commenced under subdivision A 1: <a id=\"paragraph-286535\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/45.2-1022\/#B\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B1\" class=\"indent-1\"><p><span class=\"prefix-number\">1.<\/span> Prior to 60 days after the <span class=\"dictionary\">plaintiff<\/span> has given written notice of the violation to the <span class=\"dictionary\">Secretary<\/span>, the <span class=\"dictionary\">Director<\/span>, and any alleged violator; or <a id=\"paragraph-286536\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/45.2-1022\/#B1\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B2\" class=\"indent-1\"><p><span class=\"prefix-number\">2.<\/span> If the Commonwealth or the <span class=\"dictionary\">Secretary<\/span> has commenced and is diligently prosecuting a civil or criminal action in a <span class=\"dictionary\">court<\/span> of the United States or the Commonwealth to require compliance with the provisions of this chapter, or any regulation, <span class=\"dictionary\">order<\/span>, or <span class=\"dictionary\">permit<\/span> issued pursuant to this chapter, so long as in any such action in a <span class=\"dictionary\">court<\/span> of the Commonwealth, any <span class=\"dictionary\">person<\/span> is entitled to intervene as a matter of right. <a id=\"paragraph-286537\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/45.2-1022\/#B2\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C\"><p><span class=\"prefix-number\">C.<\/span> No action shall be commenced under subdivision A 2 prior to 60 days after the <span class=\"dictionary\">plaintiff<\/span> has given written notice of such action to the <span class=\"dictionary\">Director<\/span> in a manner prescribed by regulation. However, such action may be brought immediately after such notification in any case in which it is alleged that a violation or <span class=\"dictionary\">order<\/span> would constitute an imminent threat to the health or safety of the <span class=\"dictionary\">plaintiff<\/span> or would immediately affect a legal interest of the <span class=\"dictionary\">plaintiff<\/span>. <a id=\"paragraph-286538\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/45.2-1022\/#C\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"D\"><p><span class=\"prefix-number\">D.<\/span> Any action with respect to a violation of this chapter or a regulation adopted hereunder may be brought only in the <span class=\"dictionary\">circuit<\/span> <span class=\"dictionary\">court<\/span> of the county or city in which the surface coal mining operation complained of is located. In any such action commenced under the provisions of this section, the <span class=\"dictionary\">Director<\/span> may intervene as a matter of right, whether or not the <span class=\"dictionary\">Director<\/span> is a <span class=\"dictionary\">party<\/span> to the action. <a id=\"paragraph-286539\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/45.2-1022\/#D\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"E\"><p><span class=\"prefix-number\">E.<\/span> The <span class=\"dictionary\">court<\/span>, in issuing any <span class=\"dictionary\">final order<\/span> in any action brought pursuant to subsection A, may award costs of <span class=\"dictionary\">litigation<\/span>, including attorney and <span class=\"dictionary\">expert witness<\/span> fees, to any <span class=\"dictionary\">party<\/span> if the <span class=\"dictionary\">court<\/span> determines such award is appropriate. If a preliminary <span class=\"dictionary\">injunction<\/span> is sought, the <span class=\"dictionary\">court<\/span> may require the filing of a <span class=\"dictionary\">bond<\/span> or equivalent security in accordance with the rules of civil procedure. <a id=\"paragraph-286540\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/45.2-1022\/#E\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"F\"><p><span class=\"prefix-number\">F.<\/span> Nothing in this section shall restrict any common-<span class=\"dictionary\">law<\/span> or statutory right of any <span class=\"dictionary\">person<\/span> or class of <span class=\"dictionary\">persons<\/span> to seek enforcement of any provision of this chapter or the regulations adopted hereunder or to seek any other relief, including relief against the <span class=\"dictionary\">Director<\/span>. <a id=\"paragraph-286541\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/45.2-1022\/#F\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"G\"><p><span class=\"prefix-number\">G.<\/span> Any <span class=\"dictionary\">person<\/span> who as a result of the violation by any <span class=\"dictionary\">operator<\/span> of any regulation, order, or <span class=\"dictionary\">permit<\/span> issued pursuant to this chapter suffers injury to his <span class=\"dictionary\">person<\/span> or property may bring an action for <span class=\"dictionary\">damages<\/span>, including reasonable attorney and <span class=\"dictionary\">expert witness<\/span> fees. Such action shall be brought only in the <span class=\"dictionary\">circuit<\/span> <span class=\"dictionary\">court<\/span> of the county or city in which the surface coal mining operation complained of is located. Nothing in this subsection shall affect the rights established by or limits imposed under the Virginia Workers&#8217; Compensation Act (&#xA7; <a class=\"law\" title=\"Short title\" href=\"\/65.2-100\/\">65.2-100<\/a> et seq.). <a id=\"paragraph-286542\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/45.2-1022\/#G\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"H\"><p><span class=\"prefix-number\">H.<\/span> Whenever information provided to the <span class=\"dictionary\">Director<\/span> by any <span class=\"dictionary\">person<\/span> results in any inspection, the <span class=\"dictionary\">Director<\/span> shall notify such <span class=\"dictionary\">person<\/span> of the time at which the inspection is scheduled to occur, and such <span class=\"dictionary\">person<\/span> shall be allowed to accompany the inspector during the inspection. <a id=\"paragraph-286543\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/45.2-1022\/#H\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\n CITIZEN SUITS; RIGHTS OF CITIZENS TO ACCOMPANY INSPECTORS (\u00a7 45.2-1022)\n\nA. Except as provided in subsection B or C, any person having an interest that\nis or could be adversely affected may, in order to compel compliance with the\nprovisions of this chapter, commence a civil action on his own behalf against:\n\n   1. The United States, any other governmental instrumentality or agency, or any\n   person alleged to be in violation of any provision of this chapter or of any\n   regulation, order, or permit issued pursuant thereto; or\n\n   2. The Director, when there is alleged a failure of the Director to perform\n   any act or duty under this chapter that is not a discretionary act on the part\n   of the Director.\n\nB. No action shall be commenced under subdivision A 1:\n\n   1. Prior to 60 days after the plaintiff has given written notice of the\n   violation to the Secretary, the Director, and any alleged violator; or\n\n   2. If the Commonwealth or the Secretary has commenced and is diligently\n   prosecuting a civil or criminal action in a court of the United States or the\n   Commonwealth to require compliance with the provisions of this chapter, or any\n   regulation, order, or permit issued pursuant to this chapter, so long as in\n   any such action in a court of the Commonwealth, any person is entitled to\n   intervene as a matter of right.\n\nC. No action shall be commenced under subdivision A 2 prior to 60 days after the\nplaintiff has given written notice of such action to the Director in a manner\nprescribed by regulation. However, such action may be brought immediately after\nsuch notification in any case in which it is alleged that a violation or order\nwould constitute an imminent threat to the health or safety of the plaintiff or\nwould immediately affect a legal interest of the plaintiff.\n\nD. Any action with respect to a violation of this chapter or a regulation\nadopted hereunder may be brought only in the circuit court of the county or city\nin which the surface coal mining operation complained of is located. In any such\naction commenced under the provisions of this section, the Director may\nintervene as a matter of right, whether or not the Director is a party to the\naction.\n\nE. The court, in issuing any final order in any action brought pursuant to\nsubsection A, may award costs of litigation, including attorney and expert\nwitness fees, to any party if the court determines such award is appropriate. If\na preliminary injunction is sought, the court may require the filing of a bond\nor equivalent security in accordance with the rules of civil procedure.\n\nF. Nothing in this section shall restrict any common-law or statutory right of\nany person or class of persons to seek enforcement of any provision of this\nchapter or the regulations adopted hereunder or to seek any other relief,\nincluding relief against the Director.\n\nG. Any person who as a result of the violation by any operator of any\nregulation, order, or permit issued pursuant to this chapter suffers injury to\nhis person or property may bring an action for damages, including reasonable\nattorney and expert witness fees. Such action shall be brought only in the\ncircuit court of the county or city in which the surface coal mining operation\ncomplained of is located. Nothing in this subsection shall affect the rights\nestablished by or limits imposed under the Virginia Workers&#8217; Compensation\nAct (&#xA7; 65.2-100 et seq.).\n\nH. Whenever information provided to the Director by any person results in any\ninspection, the Director shall notify such person of the time at which the\ninspection is scheduled to occur, and such person shall be allowed to accompany\nthe inspector during the inspection.\n\nHISTORY: 1980, c. 510, \u00a7 45.1-246.1; 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}}