{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/45.2-1213.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/45.2-1213.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/45.2-1213.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/45.2-1213.html"}],"law_id":76291,"edition_id":1,"section_id":76291,"structure_id":14081,"section_number":"45.2-1213","catch_line":" Notice of noncompliance served on operator","history":"1977, c. 312, \u00a7 45.1-186.1; 2012, cc. 803, 835; 2021, Sp. Sess. I, c. 387.","full_text":"A\n\nThe Director may cause a notice of noncompliance to be served on an operator whenever the operator fails to obey any order by the Director to:1\n\nApply a control technique or institute an action approved in his operations or reclamation plan;2\n\nComply with any required amendment to the operations or reclamation plan; or3\n\nComply with any other requirement of this chapter or any regulation adopted pursuant to this chapter that affects the health, safety, or welfare of the Commonwealth.B\n\nA copy of the notice shall be delivered to the operator or served by certified mail addressed to the operator at the permanent address shown on the application for a permit. The notice shall specify in writing how the operator has failed to obey the order of the Director and shall require the operator to comply with the order within a reasonable period of time as fixed by the Director following service of the notice.C\n\nIf the operator has not complied with the requirements set forth in the notice of noncompliance within the time limits fixed therein, the Director shall revoke the permit and declare the forfeiture of the entire bond. When the bond is collected, it shall be deposited in the Special Reclamation Fund created pursuant to § 45.2-1207. After completion of the reclamation and payment of all fees as required by this chapter, any additional funds from the forfeiture of the bond shall be returned to the corporate surety, and any additional funds from the forfeiture of the collateral security, certified check, or cash that was deposited in lieu of bond shall be returned to the person who provided it originally or to the operator. Within 30 days of the issuance of any permit revocation or bond forfeiture made under this section, the operator may request a review pursuant to the provisions of Article 3 (§ 2.2-4018 et seq.) of the Administrative Process Act.","order_by":null,"text":{"0":{"id":273876,"text":"The Director may cause a notice of noncompliance to be served on an operator whenever the operator fails to obey any order by the Director to:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":273877,"text":"Apply a control technique or institute an action approved in his operations or reclamation plan;","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":273878,"text":"Comply with any required amendment to the operations or reclamation plan; or","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":273879,"text":"Comply with any other requirement of this chapter or any regulation adopted pursuant to this chapter that affects the health, safety, or welfare of the Commonwealth.","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"B"},"4":{"id":273880,"text":"A copy of the notice shall be delivered to the operator or served by certified mail addressed to the operator at the permanent address shown on the application for a permit. The notice shall specify in writing how the operator has failed to obey the order of the Director and shall require the operator to comply with the order within a reasonable period of time as fixed by the Director following service of the notice.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A3","next_prefix":"C"},"5":{"id":273881,"text":"If the operator has not complied with the requirements set forth in the notice of noncompliance within the time limits fixed therein, the Director shall revoke the permit and declare the forfeiture of the entire bond. When the bond is collected, it shall be deposited in the Special Reclamation Fund created pursuant to § 45.2-1207. After completion of the reclamation and payment of all fees as required by this chapter, any additional funds from the forfeiture of the bond shall be returned to the corporate surety, and any additional funds from the forfeiture of the collateral security, certified check, or cash that was deposited in lieu of bond shall be returned to the person who provided it originally or to the operator. Within 30 days of the issuance of any permit revocation or bond forfeiture made under this section, the operator may request a review pursuant to the provisions of Article 3 (§ 2.2-4018 et seq.) of the Administrative Process Act.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":14081,"edition_id":1,"name":"Regulation of Mining Activity","identifier":"2","label":"article","depth":5,"order_by":1,"parent_id":13016,"metadata":{},"date_created":"2026-06-26 03:46:49","date_modified":"2026-06-26 03:46:49","permalink":{"id":224425,"object_type":"structure","relational_id":14081,"identifier":"2","token":"45.2\/III\/A\/12\/2","url":"\/45.2\/III\/A\/12\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13016,"edition_id":1,"name":"Permits for Certain Mining Operations; Reclamation of Land","identifier":"12","label":"chapter","depth":4,"order_by":1,"parent_id":12950,"metadata":{},"date_created":"2026-06-26 03:44:09","date_modified":"2026-06-26 03:44:09","permalink":{"id":224405,"object_type":"structure","relational_id":13016,"identifier":"12","token":"45.2\/III\/A\/12","url":"\/45.2\/III\/A\/12\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12950,"edition_id":1,"name":"Mineral Mines Generally","identifier":"A","label":"part","depth":3,"order_by":1,"parent_id":12949,"metadata":{},"date_created":"2026-06-26 03:44:04","date_modified":"2026-06-26 03:44:04","permalink":{"id":224111,"object_type":"structure","relational_id":12950,"identifier":"A","token":"45.2\/III\/A","url":"\/45.2\/III\/A\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12949,"edition_id":1,"name":"Mineral Mines","identifier":"III","label":"subtitle","depth":2,"order_by":1,"parent_id":12713,"metadata":{},"date_created":"2026-06-26 03:44:04","date_modified":"2026-06-26 03:44:04","permalink":{"id":224109,"object_type":"structure","relational_id":12949,"identifier":"III","token":"45.2\/III","url":"\/45.2\/III\/","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":57389,"structure_id":14081,"section_number":"45.2-1204","catch_line":" Permit Fee Fund","url":"\/45.2-1204\/","token":"45.2\/III\/A\/12\/2\/45.2-1204","metadata":false},{"id":76591,"structure_id":14081,"section_number":"45.2-1205","catch_line":" Permit required; fee; renewal fee; application; furnishing copy of map, etc., to landowner; approval by Department","url":"\/45.2-1205\/","token":"45.2\/III\/A\/12\/2\/45.2-1205","metadata":false},{"id":66753,"structure_id":14081,"section_number":"45.2-1206","catch_line":" Operations plan; reclamation; policy of Director","url":"\/45.2-1206\/","token":"45.2\/III\/A\/12\/2\/45.2-1206","metadata":false},{"id":79925,"structure_id":14081,"section_number":"45.2-1207","catch_line":" Special Reclamation Fund","url":"\/45.2-1207\/","token":"45.2\/III\/A\/12\/2\/45.2-1207","metadata":false},{"id":67921,"structure_id":14081,"section_number":"45.2-1208","catch_line":" Bond of operator","url":"\/45.2-1208\/","token":"45.2\/III\/A\/12\/2\/45.2-1208","metadata":false},{"id":74570,"structure_id":14081,"section_number":"45.2-1209","catch_line":" Review of operations plan and reclamation provision by Director; issuance of permit","url":"\/45.2-1209\/","token":"45.2\/III\/A\/12\/2\/45.2-1209","metadata":false},{"id":59664,"structure_id":14081,"section_number":"45.2-1210","catch_line":" Application for permit; adjoining landowners; local official","url":"\/45.2-1210\/","token":"45.2\/III\/A\/12\/2\/45.2-1210","metadata":false},{"id":87330,"structure_id":14081,"section_number":"45.2-1211","catch_line":" Succession of one operator by another at uncompleted project","url":"\/45.2-1211\/","token":"45.2\/III\/A\/12\/2\/45.2-1211","metadata":false},{"id":79992,"structure_id":14081,"section_number":"45.2-1212","catch_line":" Additional bond to be posted annually; release of previous bond; report of reclamation work","url":"\/45.2-1212\/","token":"45.2\/III\/A\/12\/2\/45.2-1212","metadata":false},{"id":76291,"structure_id":14081,"section_number":"45.2-1213","catch_line":" Notice of noncompliance served on operator","url":"\/45.2-1213\/","token":"45.2\/III\/A\/12\/2\/45.2-1213","metadata":false},{"id":71516,"structure_id":14081,"section_number":"45.2-1214","catch_line":" Collection of debts","url":"\/45.2-1214\/","token":"45.2\/III\/A\/12\/2\/45.2-1214","metadata":false},{"id":74309,"structure_id":14081,"section_number":"45.2-1215","catch_line":" Commonwealth to have lien for reclamation work","url":"\/45.2-1215\/","token":"45.2\/III\/A\/12\/2\/45.2-1215","metadata":false},{"id":56748,"structure_id":14081,"section_number":"45.2-1216","catch_line":" Perfection of lien; waiver of lien","url":"\/45.2-1216\/","token":"45.2\/III\/A\/12\/2\/45.2-1216","metadata":false},{"id":80040,"structure_id":14081,"section_number":"45.2-1217","catch_line":" Recordation and indexing of lien; notice","url":"\/45.2-1217\/","token":"45.2\/III\/A\/12\/2\/45.2-1217","metadata":false},{"id":56293,"structure_id":14081,"section_number":"45.2-1218","catch_line":" Priority of lien","url":"\/45.2-1218\/","token":"45.2\/III\/A\/12\/2\/45.2-1218","metadata":false},{"id":55327,"structure_id":14081,"section_number":"45.2-1219","catch_line":" Hearing to determine amount of lien","url":"\/45.2-1219\/","token":"45.2\/III\/A\/12\/2\/45.2-1219","metadata":false},{"id":63524,"structure_id":14081,"section_number":"45.2-1220","catch_line":" Satisfaction of lien","url":"\/45.2-1220\/","token":"45.2\/III\/A\/12\/2\/45.2-1220","metadata":false},{"id":71624,"structure_id":14081,"section_number":"45.2-1221","catch_line":" Additional bond to cover amended estimate of land to be disturbed","url":"\/45.2-1221\/","token":"45.2\/III\/A\/12\/2\/45.2-1221","metadata":false},{"id":55202,"structure_id":14081,"section_number":"45.2-1222","catch_line":" Interference with reclamation unlawful; other mining operations on land","url":"\/45.2-1222\/","token":"45.2\/III\/A\/12\/2\/45.2-1222","metadata":false},{"id":77225,"structure_id":14081,"section_number":"45.2-1223","catch_line":" Penalty for violation of chapter, etc","url":"\/45.2-1223\/","token":"45.2\/III\/A\/12\/2\/45.2-1223","metadata":false},{"id":65319,"structure_id":14081,"section_number":"45.2-1224","catch_line":" Assistance of federal, state, and local agencies","url":"\/45.2-1224\/","token":"45.2\/III\/A\/12\/2\/45.2-1224","metadata":false},{"id":75634,"structure_id":14081,"section_number":"45.2-1225","catch_line":" Injunction prohibiting mining operation","url":"\/45.2-1225\/","token":"45.2\/III\/A\/12\/2\/45.2-1225","metadata":false},{"id":66111,"structure_id":14081,"section_number":"45.2-1226","catch_line":" Appeals from decisions of the Department","url":"\/45.2-1226\/","token":"45.2\/III\/A\/12\/2\/45.2-1226","metadata":false},{"id":63526,"structure_id":14081,"section_number":"45.2-1227","catch_line":" Local standards and regulations; waiver of application of chapter; review for strict compliance with chapter","url":"\/45.2-1227\/","token":"45.2\/III\/A\/12\/2\/45.2-1227","metadata":false}],"previous_section":{"id":79992,"structure_id":14081,"section_number":"45.2-1212","catch_line":" Additional bond to be posted annually; release of previous bond; report of reclamation work","url":"\/45.2-1212\/","token":"45.2\/III\/A\/12\/2\/45.2-1212","metadata":false},"next_section":{"id":71516,"structure_id":14081,"section_number":"45.2-1214","catch_line":" Collection of debts","url":"\/45.2-1214\/","token":"45.2\/III\/A\/12\/2\/45.2-1214","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/45.2-1213\/","history_text":"

This law was first created in 1977. The record of its establishment is cataloged in chapter 312 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 1977 \u201cActs\u201d aren\u2019t available online. It has been modified 1 time. 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. That modification is as follows: in 2012, chapters 803<\/a> and 835<\/a>.<\/p>","references":[{"id":77186,"section_number":"45.2-1238","catch_line":" Revocation of permits; reclamation work","order_by":null,"url":"\/45.2-1238\/"}],"refers_to":[{"id":59227,"section_number":"2.2-4018","catch_line":"Exemptions from operation of Article 3","order_by":null,"url":"\/2.2-4018\/"},{"id":79925,"section_number":"45.2-1207","catch_line":" Special Reclamation Fund","order_by":null,"url":"\/45.2-1207\/"}],"permalink":{"id":224463,"object_type":"law","relational_id":76291,"identifier":"45.2-1213","token":"45.2\/III\/A\/12\/2\/45.2-1213","url":"\/45.2-1213\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/45.2-1213\/","token":"45.2\/III\/A\/12\/2\/45.2-1213","dublin_core":{"Title":" Notice of noncompliance served on operator","Type":"Text","Format":"text\/html","Identifier":"\u00a7 45.2-1213","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The Director<\/span> may cause a notice of noncompliance to be served on an operator<\/span> whenever the operator<\/span> fails to obey any order<\/span> by the Director<\/span> to: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Apply a control technique or institute an action approved in his operations or reclamation<\/span> plan; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Comply with any required amendment to the operations or reclamation<\/span> plan; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Comply with any other requirement of this chapter or any regulation adopted pursuant to this chapter that affects the health, safety, or welfare of the Commonwealth. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> A copy of the notice shall be delivered to the operator<\/span> or served by certified mail addressed to the operator<\/span> at the permanent address shown on the application for a permit. The notice shall specify in writing how the operator<\/span> has failed to obey the order<\/span> of the Director<\/span> and shall require the operator<\/span> to comply with the order<\/span> within a reasonable period of time as fixed by the Director<\/span> following service of the notice. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> If the operator<\/span> has not complied with the requirements set forth in the notice of noncompliance within the time limits fixed therein, the Director<\/span> shall revoke the permit and declare the forfeiture of the entire bond<\/span>. When the bond<\/span> is collected, it shall be deposited in the Special Reclamation<\/span> Fund created pursuant to § 45.2-1207<\/a>. After completion of the reclamation<\/span> and payment of all fees as required by this chapter, any additional funds from the forfeiture of the bond<\/span> shall be returned to the corporate surety<\/span>, and any additional funds from the forfeiture of the collateral<\/span> security, certified check, or cash that was deposited in lieu of bond<\/span> shall be returned to the person who provided it originally or to the operator<\/span>. Within 30 days of the issuance of any permit revocation<\/span> or bond<\/span> forfeiture made under this section, the operator<\/span> may request a review pursuant to the provisions of Article 3 (§ 2.2-4018<\/a> et seq.) of the Administrative Process Act. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\n NOTICE OF NONCOMPLIANCE SERVED ON OPERATOR (\u00a7 45.2-1213)\n\nA. The Director may cause a notice of noncompliance to be served on an operator\nwhenever the operator fails to obey any order by the Director to:\n\n 1. Apply a control technique or institute an action approved in his operations\n or reclamation plan;\n\n 2. Comply with any required amendment to the operations or reclamation plan;\n or\n\n 3. Comply with any other requirement of this chapter or any regulation adopted\n pursuant to this chapter that affects the health, safety, or welfare of the\n Commonwealth.\n\nB. A copy of the notice shall be delivered to the operator or served by\ncertified mail addressed to the operator at the permanent address shown on the\napplication for a permit. The notice shall specify in writing how the operator\nhas failed to obey the order of the Director and shall require the operator to\ncomply with the order within a reasonable period of time as fixed by the\nDirector following service of the notice.\n\nC. If the operator has not complied with the requirements set forth in the\nnotice of noncompliance within the time limits fixed therein, the Director shall\nrevoke the permit and declare the forfeiture of the entire bond. When the bond\nis collected, it shall be deposited in the Special Reclamation Fund created\npursuant to § 45.2-1207. After completion of the reclamation and payment of\nall fees as required by this chapter, any additional funds from the forfeiture\nof the bond shall be returned to the corporate surety, and any additional funds\nfrom the forfeiture of the collateral security, certified check, or cash that\nwas deposited in lieu of bond shall be returned to the person who provided it\noriginally or to the operator. Within 30 days of the issuance of any permit\nrevocation or bond forfeiture made under this section, the operator may request\na review pursuant to the provisions of Article 3 (§ 2.2-4018 et seq.) of\nthe Administrative Process Act.\n\nHISTORY: 1977, c. 312, \u00a7 45.1-186.1; 2012, cc. 803, 835; 2021, Sp. Sess. I, c.\n387.","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}}