                                 CODE OF VIRGINIA

 INJUNCTIVE RELIEF (§ 45.2-1160)

A. Any person violating or failing, neglecting, or refusing to obey a closure
order may be compelled in a proceeding instituted by the Director in any
appropriate circuit court to obey such order and to comply therewith by
injunction or other appropriate relief.

B. Any person failing to abate any violation of this chapter or Chapter 14
(&#xA7; 45.2-1400 et seq.) or 15 (&#xA7; 45.2-1500 et seq.) that has been cited
in a notice of violation within the time period provided in such notice for its
abatement may be compelled in a proceeding instituted by the Director in any
appropriate circuit court to abate such violation as provided in such notice,
and to cease the operation of the mine at which such violation exists until the
violation has been abated, by injunction or other appropriate remedy.

C. The Director may file a bill of complaint with any appropriate circuit court
asking the court to temporarily or permanently enjoin a person from operating a
mine in the Commonwealth or contracting for work at a mine in the Commonwealth,
to be granted upon a finding by a preponderance of the evidence that (i) a
history of noncompliance by the person demonstrates that he is not able or
willing to operate in compliance with the provisions of the Act or (ii) a
history of the issuance of closure orders to the person demonstrates that he is
not able or willing to operate in compliance with the provisions of the Act.

HISTORY: 1997, c. 390, § 45.1-161.292:66; 1998, c. 695; 2021, Sp. Sess. I, c.
387.