                                 CODE OF VIRGINIA

 NOTICE OF NONCOMPLIANCE SERVED ON OPERATOR (§ 45.2-1213)

A. 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:

   1. Apply a control technique or institute an action approved in his operations
   or reclamation plan;

   2. Comply with any required amendment to the operations or reclamation plan;
   or

   3. 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.

B. 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.

C. 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 &#xA7; 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 (&#xA7; 2.2-4018 et seq.) of
the Administrative Process Act.

HISTORY: 1977, c. 312, § 45.1-186.1; 2012, cc. 803, 835; 2021, Sp. Sess. I, c.
387.