                                 CODE OF VIRGINIA

 PERFORMANCE STANDARDS (§ 45.2-1017)

A. The Director shall by regulation establish performance standards that meet
the requirement of &#xA7; 515 of the federal act, are consistent with
regulations adopted thereunder by the Secretary, and are applicable to all coal
surface mining and reclamation operations except as otherwise provided in this
chapter.

B. Any permit issued pursuant to this chapter to conduct a coal surface mining
operation shall require that such operation meets all applicable performance
standards established by the Director.

C. The Director shall include in such regulations special procedures and
standards, consistent with regulations adopted by the Secretary, for the
issuance of permits for mountaintop removal operations, without regard to
requirements to restore to approximate original contour, and for variances from
such requirements for steep-slope operations.

D. The Director may adopt, with the approval of the Secretary, alternative
performance standards and procedures for administering and enforcing the program
created pursuant to this chapter.

E. The Director, with the approval of the Secretary, may authorize departures on
an experimental basis from the environmental protection performance standards
adopted under this section and &#xA7; 45.2-1018.

HISTORY: 1979, c. 290, § 45.1-242; 1984, c. 590; 2021, Sp. Sess. I, c. 387.