Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 774 - Review; Revision; Renewal; and Transfer, Assignment, or Sale of Permit Rights › Section 4VAC25-130-774.12 - Post-permit issuance requirements

Current through Register Vol. 40, No. 24, July 15, 2024
A. For purposes of future permit eligibility
				  determinations and enforcement actions, the division will utilize the AVS to
				  retrieve and enter appropriate data regarding ownership, control, and violation
				  information. The division shall enter into the AVS:
Information
Within 30 days after
(1) Permit records
the permit is issued or subsequent changes
								made
(2) Unabated or uncorrected violations
the abatement or correction period for a violation
								expires
(3) Unpaid final civil penalties, charges, taxes,
								or fees
the required due payment date
(4) Changes in violation status
abatement, correction or termination of a violation
								or a final decision from an administrative or judicial review proceeding
B.
				  In the event the permittee is issued enforcement action under 4VAC25-130-843.11
				  and fails to timely comply with the order's remedial measures, the division
				  shall instruct the permittee to provide or update all the information required
				  by 4VAC25-130-778.13. However, the permittee would not be required to submit
				  this information if a court of competent jurisdiction has granted a stay of the
				  cessation order and the stay remains in effect.
C. The permittee shall notify the division
				  within 60 days of any addition, departure, or change in position of any person
				  identified under 4VAC25-130-778.13. The permittee shall provide the date of
				  such addition, departure, or change of such person.
D. Should the division discover that the
				  permittee or a person listed in an ownership or control relationship with the
				  permittee owns or controls an operation with an unabated or uncorrected
				  violation, it will determine whether enforcement action is appropriate under
				  4VAC25-130-843 and 4VAC25-130-846 or other applicable provisions. The division
				  may issue a preliminary finding of permit ineligibility under § 45.2-1013
				  of the Act if it finds that the person had control relationships and violations
				  that would have made the person ineligible for a permit under
				  4VAC25-130-773.15. The finding shall be in accordance with 4VAC25-130-773.20
				  (c) (3).
E. If a determination of
				  permit ineligibility is rendered by the division, the person would have 30 days
				  from service of the written finding to submit any information that would tend
				  to demonstrate the person's lack of ownership or control of the surface coal
				  mining operation. The division would issue a final determination regarding the
				  permit eligibility within 30 days of receiving any information from the person
				  or from the expiration date that the person could submit the information under
				  this subsection. A person aggrieved by the division's eligibility finding would
				  have the right to request review under 4VAC25-130-775.
Statutory Authority: § 45.2-103 of the Code of
						Virginia.