reglab/statecodes huggingface dataset:
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 840 - Inspection and Enforcement-General › Section 4VAC25-130-840.11 - Inspections by the division

Current through Register Vol. 40, No. 24, July 15, 2024
(a) The
				  division shall conduct an average of at least one partial inspection per month
				  of each active surface coal mining and reclamation operation under its
				  jurisdiction, and shall conduct such partial inspections of each inactive
				  surface coal mining and reclamation operation under its jurisdiction as are
				  necessary to ensure effective enforcement of the Act and this chapter. A
				  partial inspection is an on-site or aerial review of a permittee's compliance
				  with some of the permit conditions and requirements imposed under the Act and
				  this chapter.
(b) The division
				  shall conduct an average of at least one complete inspection per calendar
				  quarter of each active or inactive surface coal mining and reclamation
				  operation under its jurisdiction. A complete inspection is an on-site review of
				  a permittee's compliance with all permit conditions and requirements imposed
				  under the Act and this chapter, within the entire area disturbed or affected by
				  the surface coal mining and reclamation operations.
(c) The division shall conduct such
				  inspections of coal explorations as are necessary to ensure compliance with the
				  Act and this chapter.
(d)
(1) Aerial inspections shall be conducted in
				  a manner which reasonably ensures the identification and documentation of
				  conditions at each surface coal mining and reclamation site
				  inspected.
(2) Any potential
				  violation observed during an aerial inspection shall be investigated on site
				  within three days; provided, that any indication of a condition, practice or
				  violation constituting cause for the issuance of a cessation order under §
				  45.2-1020 of the Act shall be investigated on site immediately, and provided
				  further, that an on-site investigation of a potential violation observed during
				  an aerial inspection shall not be considered to be an additional partial or
				  complete inspection for the purposes of paragraphs (a) and (b) of this
				  section.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 840 - Inspection and Enforcement-General › Section 4VAC25-130-840.12 - Right of entry

Current through Register Vol. 40, No. 24, July 15, 2024
(a)
				  Representatives of the Director are authorized to enter upon and through any
				  coal exploration or surface coal mining and reclamation operation without
				  advance notice upon presentation of appropriate credentials. No search warrant
				  shall be required, except that entry into buildings shall be conducted only
				  upon consent of the permittee or by search warrant.
(b) Representatives of the Director are
				  authorized to inspect any monitoring equipment or method of exploration or
				  operation, and to have access to and copy any records required under the Act or
				  this chapter. Representatives of the Director may exercise these rights at
				  reasonable times, without advance notice, upon presentation of appropriate
				  credentials. No search warrant shall be required, except that entry into
				  buildings shall be conducted only upon consent of the permittee or by search
				  warrant.
Statutory Authority
§§ 45.1-161.3 and 45.1-230 of the Code of
						Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 840 - Inspection and Enforcement-General › Section 4VAC25-130-840.14 - Availability of records

Current through Register Vol. 40, No. 24, July 15, 2024
(a) The
				  division shall make available to the OSM, upon request, copies of all documents
				  relating to applications for and approvals of existing, new, or revised coal
				  exploration approvals or surface coal mining and reclamation operation permits
				  and all documents relating to inspection and enforcement actions.
(b) Copies of all records, reports,
				  inspection materials, or information obtained by the division shall be made
				  immediately and conveniently available to the public in the area of mining
				  until at least five years after expiration of the period during which the
				  subject operation is active or is covered by any portion of a reclamation bond,
				  except-
(1) As otherwise provided by state
				  law; and
(2) For information not
				  required to be made available under 4VAC25-130-772.15 and 4VAC25-130-773.13(d)
				  or subdivison (d) of this section.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 840 - Inspection and Enforcement-General › Section 4VAC25-130-840.16 - Compliance conference

Current through Register Vol. 40, No. 24, July 15, 2024
(a) A
				  permittee may request an on-site compliance conference with an authorized
				  representative of the Director to review the compliance status of any condition
				  or practice proposed at any coal exploration or surface coal mining and
				  reclamation operation. Any such conference shall not constitute an inspection
				  within the meaning of § 45.2-1019 of the Act and
				  4VAC25-130-840.11.
(b) The division
				  may accept or refuse any request to conduct a compliance conference under
				  Paragraph (a).
(c) The authorized
				  representative at any compliance conference shall review such proposed
				  conditions and practices in order to advise whether any such condition or
				  practice may become a violation of any requirement of the Act, this chapter, or
				  any applicable permit or exploration approval.
(d) Neither the holding of a compliance
				  conference under this section nor any opinion given by the authorized
				  representative at such a conference shall affect:
(1) Any rights or obligations of the division
				  or of the permittee with respect to any inspection, notice of violation or
				  cessation order, whether prior or subsequent to such compliance conference;
				  or
(2) The validity of any notice
				  of violation or cessation order issued with respect to any condition or
				  practice reviewed at the compliance conference.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 842 - Inspections › Section 4VAC25-130-842.11 - Immediate inspections

Current through Register Vol. 40, No. 24, July 15, 2024
(a) An
				  authorized representative of the Director shall immediately conduct an
				  inspection when the authorized representative has reason to believe on the
				  basis of information available to him that there exists a violation of the Act,
				  this chapter, or any condition of a permit or an exploration approval, or that
				  there exists any condition, practice, or violation which creates an imminent
				  danger to the health or safety of the public or is causing or could reasonably
				  be expected to cause a significant, imminent environmental harm to land, air,
				  or water resources.
(b) An
				  authorized representative shall have reason to believe that a violation,
				  condition or practice exists if the facts alleged by the informant would, if
				  true, constitute a condition, practice or violation referred to in Paragraph
				  (a).
Statutory Authority
§§ 45.1-161.3 and 45.1-230 of the Code of
						Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 842 - Inspections › Section 4VAC25-130-842.12 - Citizens' requests for inspections

Current through Register Vol. 40, No. 24, July 15, 2024
(a) A person may request an inspection under
				  4VAC25-130-842.11(a), by furnishing to an authorized representative of the
				  Director a signed, written statement (or an oral report followed by a signed,
				  written statement) giving the authorized representative reason to believe that
				  a violation, condition or practice referred to in 4VAC25-130-842.11(a) exists
				  and setting forth a phone number and address where the person can be
				  contacted.
(b) The identity of any
				  person supplying information to the division relating to a possible violation
				  or imminent danger or harm shall remain confidential with the division, if
				  requested by that person, unless that person elects to accompany the inspector
				  on the inspection, or unless disclosure is required under the Virginia Freedom
				  of Information Act (Chapter 37 (§ 2.2-3700 et seq.) of Title 2.2 of the
				  Code of Virginia).
(c) If an
				  inspection is conducted as a result of information provided to the division by
				  a person as described in Paragraph (a) of this section, the person shall be
				  notified as far in advance as practicable when the inspection is to occur and
				  shall be allowed to accompany the authorized representative of the Director
				  during the inspection. It shall be the responsibility of the person to provide
				  any or all safety equipment needed to accompany the division's inspector during
				  the mine site inspection. Such person has a right of entry to, upon and through
				  the coal exploration or surface coal mining and reclamation operation about
				  which he supplied information, but only if he is in the presence of and is
				  under the control, direction, and supervision of the authorized representative
				  while on the mine property. Such right of entry does not include a right to
				  enter buildings without consent of the person in control of the building or
				  without a search warrant.
(d)
				  Within 10 days of the inspection or, if there is no inspection, within 15 days
				  of receipt of the person's written statement, the division shall send the
				  person the following:
(1) If an inspection was
				  made, a description of the enforcement action taken, which may consist of
				  copies of the inspection report and all notices of violation and cessation
				  orders issued as a result of the inspection, or an explanation of why no
				  enforcement action was taken;
(2)
				  If no inspection was conducted, an explanation of the reason why; and
(3) An explanation of the person's right, if
				  any, to informal review of the action or inaction of the division under
				  4VAC25-130-842.15.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 842 - Inspections › Section 4VAC25-130-842.14 - Review of adequacy and completeness of inspections

Current through Register Vol. 40, No. 24, July 15, 2024
Any person who is or may be adversely affected by a
					 surface coal mining and reclamation operation or a coal exploration operation
					 may notify the division in writing of any alleged failure on the part of the
					 division to make adequate and complete or periodic inspections as provided in
					 4VAC25-130-840.11 and 4VAC25-130-842.11. The notification shall include
					 sufficient information to create a reasonable belief that 4VAC25-130-840.11 and
					 4VAC25-130-842.11 are not being complied with and to demonstrate that the
					 person is or may be adversely affected. The division shall within 30 days of
					 receipt of the notification determine whether 4VAC25-130-840.11 and
					 4VAC25-130-842.11 are being complied with, and if not, shall immediately order
					 an inspection to remedy the noncompliance. The division shall furnish the
					 complainant with a written statement of the reasons for such determination and
					 the actions, if any, taken to remedy the noncompliance.
Statutory Authority
§§ 45.1-161.3 and 45.1-230 of the Code of
						Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 842 - Inspections › Section 4VAC25-130-842.15 - Review of decision not to inspect or enforce

Current through Register Vol. 40, No. 24, July 15, 2024
(a) Any person who is or may be adversely
				  affected by a coal exploration or surface coal mining and reclamation operation
				  may ask the division to review informally an authorized representative's
				  decision not to inspect or take appropriate enforcement action with respect to
				  any violation alleged by that person in a request for inspection under
				  4VAC25-130-842.12. The request for review shall be in writing and include a
				  statement of how the person is or may be adversely affected and why the
				  decision merits review.
(b) The
				  division shall conduct the review and inform the person, in writing, of the
				  results of the review within 30 days of receipt of the request. The person
				  alleged to be in violation shall also be given a copy of the results of the
				  review, except that the name of the person who is or may be adversely affected
				  shall not be disclosed unless confidentiality has been waived or disclosure is
				  required under the Virginia Freedom of Information Act (§ 2.2-3700 et seq.
				  of the Code of Virginia).
(c)
				  Informal review under this section shall not affect any right to formal review
				  under § 45.2-1025 of the Act or to a citizen's suit under § 45.2-1022
				  of the Act.
(d) Any person who
				  requested a review of a decision not to inspect or enforce under this section
				  and who is or may be adversely affected by any determination made under
				  subsection (b) of this section may request review of that determination by
				  filing within 30 days of the division's determination an application for formal
				  review and request for hearing under the Virginia Administrative Process Act
				  (§ 2.2-4000 et seq. of the Code of Virginia). All requests for hearing or
				  appeals for review and reconsideration made under this section shall be filed
				  with the Director, Division of Mined Land Repurposing, Department of Energy,
				  3405 Mountain Empire Road, Big Stone Gap, Virginia 24219.
Statutory Authority: § 45.2-103 of the Code of
						Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 843 - Enforcement Procedures › Section 4VAC25-130-843.11 - Cessation orders

Current through Register Vol. 40, No. 24, July 15, 2024
(a)
(1) An authorized representative of the
				  Director shall immediately order a cessation of a coal exploration or a surface
				  coal mining and reclamation operation or of the relevant portion thereof, if
				  the representative finds, on the basis of any inspection, any condition or
				  practice, or any violation of the Act, this chapter, or any condition of a
				  permit or an exploration approval imposed under the Act, or this chapter which:
(i) Creates an imminent danger to the health
				  or safety of the public; or
(ii) Is
				  causing or can reasonably be expected to cause significant, imminent
				  environmental harm to land, air, or water resources.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 843 - Enforcement Procedures › Section 4VAC25-130-843.12 - Notices of violation

Current through Register Vol. 40, No. 24, July 15, 2024
(a) An
				  authorized representative of the director shall issue a notice of violation if,
				  on the basis of an inspection pursuant to § 45.2-1019 of the Act, the
				  representative finds a violation of the Act, this chapter, or any condition of
				  a permit or an exploration approval imposed under the Act, or this chapter,
				  which does not create an imminent danger or harm for which a cessation order
				  must be issued under 4VAC25-130-843.11.
(b) A notice of violation issued under this
				  section shall be in writing, signed by the authorized representative who issues
				  it, and shall set forth with reasonable specificity:
(1) The nature of the violation;
(2) The remedial action required, which may
				  include interim steps;
(3) A
				  reasonable time for abatement, which may include time for accomplishment of
				  interim steps; and
(4) A reasonable
				  description of the portion of the coal exploration or surface coal mining and
				  reclamation operation to which it applies.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 843 - Enforcement Procedures › Section 4VAC25-130-843.14 - Service of notices of violation, cessation orders, and show cause orders

Current through Register Vol. 40, No. 24, July 15, 2024
(a) A notice of
				  violation, cessation order, or show cause order shall be served on the person
				  to whom it is directed or his designated agent promptly after issuance, as
				  follows:
(1) By tendering a copy at the coal
				  exploration or surface coal mining and reclamation operation to the designated
				  agent or to the individual who, based upon reasonable inquiry, appears to be in
				  charge. If no such individual can be located at the site, a copy may be
				  tendered to any individual at the site who appears to be an employee or agent
				  of the person to whom the notice or order is issued. Service shall be complete
				  upon tender of the notice or order and shall not be deemed incomplete because
				  of refusal to accept.
(2) As an
				  alternative to paragraph (a)(1) of this section, service may be made by sending
				  a copy of the notice or order by certified mail or by hand to the permittee or
				  his designated agent, or by any means consistent with the rules of the Supreme
				  Court of Virginia governing service of a summons and complaint. Service shall
				  be complete upon tender of the notice or order or of the certified mail and
				  shall not be deemed incomplete because of refusal to accept.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 843 - Enforcement Procedures › Section 4VAC25-130-843.15 - Informal public hearing

Current through Register Vol. 40, No. 24, July 15, 2024
(a) A
				  notice of violation or cessation order which requires cessation of mining,
				  expressly or by necessary implication, shall expire within 30 days after it is
				  served unless an informal public hearing is held or if the notice or order is
				  terminated prior to the hearing. Expiration of a notice or order shall not
				  affect the division's right to assess civil penalties for the violations as set
				  forth in part 845. For purposes of this section, mining includes (1) extracting
				  coal from the earth or coal waste piles and transporting it within or from the
				  permit area, and (2) the processing, cleaning, concentrating, preparing or
				  loading of coal where such operations occur at a place other than at a mine
				  site.
(b) A person issued a notice
				  of violation or cessation order pursuant to this part may request, in writing
				  within 15 days from service of the notice or order, an informal public hearing
				  to review the issuance of the notice or order. The written request must be
				  submitted to the division's Big Stone Gap Office.
(c) The division shall conduct the informal
				  hearing within 30 days from receipt of the hearing request pursuant to §
				  2.2-4019 of the Virginia Administrative Process Act. The division shall give as
				  much advance notice as is practicable of the time, place, and subject matter of
				  the informal public hearing to:
(1) The person
				  to whom the notice or order was issued; and
(2) Any person who filed a report which led
				  to that notice or order.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 843 - Enforcement Procedures › Section 4VAC25-130-843.18 - Inability to comply

Current through Register Vol. 40, No. 24, July 15, 2024
(a) No
				  cessation order or notice of violation issued under this Part may be vacated
				  because of inability to comply.
(b)
				  Inability to comply may not be considered in determining whether a pattern of
				  violations exists.
(c) Unless
				  caused by lack of diligence, inability to comply may be considered only in
				  mitigation of the amount of civil penalty under Part 845 and of the duration of
				  the suspension of a permit under 4VAC25-130-843.13(c).
Statutory Authority
§§ 45.1-161.3 and 45.1-230 of the Code of
						Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 845 - Civil Penalties › Section 4VAC25-130-845.2 - Objective

Current through Register Vol. 40, No. 24, July 15, 2024
Civil penalties are assessed under § 45.2-1021 of the
					 Act and this Part to deter violations and to ensure maximum compliance with the
					 terms and purposes of the Act on the part of the coal mining
					 industry.
Statutory Authority: § 45.2-103 of the Code of
						Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 845 - Civil Penalties › Section 4VAC25-130-845.11 - Assessment determination

Current through Register Vol. 40, No. 24, July 15, 2024
The division shall review each notice of violation and
					 cessation order in accordance with the assessment procedures described in
					 4VAC25-130-845.12, 4VAC25-130-845.13, 4VAC25-130-845.15, and 4VAC25-130-845.16
					 to determine whether a civil penalty will be assessed, the amount of the
					 penalty, and whether each day of continuing violation will be deemed a separate
					 violation for purposes of the total penalty assessed.
Statutory Authority
§§ 45.1-161.3 and 45.1-230 of the Code of
						Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 845 - Civil Penalties › Section 4VAC25-130-845.12 - When a penalty will be assessed

Current through Register Vol. 40, No. 24, July 15, 2024
(a) The division shall assess a penalty for
				  each cessation order.
(b) The
				  division may assess a penalty for each notice of violation. In determining
				  whether to assess a penalty, the division shall consider the seriousness of the
				  violation, the permittee's previous history of violations, the degree of
				  negligence, and the permittee's good faith in attempting to achieve rapid
				  compliance after notification of the violation, as described in
				  4VAC25-130-845.13.
Statutory Authority
§§ 45.1-161.3 and 45.1-230 of the Code of
						Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 845 - Civil Penalties › Section 4VAC25-130-845.13 - Point system

Current through Register Vol. 40, No. 24, July 15, 2024
The division shall use the point system described in this
					 section to determine the amount of the penalty.
(a) Seriousness. The division shall assign up
				  to 10 points based on the seriousness of the violation in accordance with the
				  following.
Points:
0 No actual or potential damage to the environment or
					 threat to public health and safety.
1-2 Slight actual or potential damage to the environment
					 and no actual or potential threat to public health and safety; also violations
					 of administrative requirements which can be quickly corrected and which do not
					 obstruct enforcement by the division.
3-4 Moderately significant actual or potential damage to
					 the environment which can be corrected promptly; also actual or potential minor
					 hazard to the public health and safety; also violations of administrative
					 requirements which can be corrected after some delay, and which tend to hamper
					 or obstruct enforcement by the division.
5-6 Moderately significant actual or potential damage to
					 the environment which can be corrected only after a substantial effort or
					 period of time; also actual or potential moderately significant hazard to the
					 public health and safety.
7-8 Substantial actual or potential damage to the
					 environment which can be corrected only after a substantial effort or period of
					 time; also extremely serious potential damage to the environment; also
					 substantial actual or potential damage to the public health and safety.
9-10 Extremely serious actual damage to the environment;
					 also extreme actual or potential hazards to the public health and
					 safety.
(b) Negligence.
(1) The division shall assign up to six
				  points based on the degree of fault of the person to whom the notice or order
				  was issued in causing or failing to correct the violation, condition, or
				  practice which led to the notice or order, either through act or omission.
				  Points shall be assessed as follows:
(A) A
				  violation which occurs through no negligence shall be assigned no penalty
				  points for negligence;
(B) A
				  violation which is caused by negligence shall be assigned three points or less,
				  depending on the degree of negligence;
(C) A violation which occurs through a
				  greater degree of fault than negligence shall be assigned four to six points,
				  depending on the degree of fault.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 845 - Civil Penalties › Section 4VAC25-130-845.15 - Assessment of separate violations for each day

Current through Register Vol. 40, No. 24, July 15, 2024
(a) The division may assess separately a
				  civil penalty for each day from the date of issuance of the notice of violation
				  or cessation order to the date set for abatement of the violation. In
				  determining whether to make such an assessment, the division shall consider the
				  factors listed in 4VAC25-130-845.13 and may consider the extent to which the
				  person to whom the notice or order was issued gained any economic benefit as a
				  result of a failure to comply. For any violation which continues for two or
				  more days and which has been assigned a penalty of $5,000 or more under
				  4VAC25-130-845.13, the division shall assess a penalty for a minimum of two
				  separate days.
(b) In addition to
				  the civil penalty provided for in subsection (a) of this section, whenever a
				  violation contained in a notice of violation or cessation order has not been
				  abated within the abatement period set in the notice or order or as
				  subsequently extended pursuant to § 45.2-1020 of the Act, a civil penalty
				  of not less than $750 shall be assessed for each day during which such failure
				  to abate continues, except that:
(1)
(i) If suspension of the abatement
				  requirements of the notice or order is ordered in a temporary relief proceeding
				  under § 45.2-1025 of the Act, after a determination that the person to
				  whom the notice or order was issued will suffer irreparable loss or damage from
				  the application of the requirements, the period permitted for abatement shall
				  not end until the date on which the director or his authorized representative
				  issues a final order with respect to the violation in question; and
(ii) If the person to whom the notice or
				  order was issued initiates review proceedings under § 45.2-1027 of the Act
				  with respect to the violation, in which the obligations to abate are suspended
				  by the court pursuant to § 45.2-1027 of the Act, the daily assessment of a
				  penalty shall not be made for any period before entry of a final order by the
				  court;
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 845 - Civil Penalties › Section 4VAC25-130-845.16 - Waiver of use of formula to determine civil penalty

Current through Register Vol. 40, No. 24, July 15, 2024
(a) The Director or his designee, upon his
				  own initiative or upon written request received within 15 days of issuance of a
				  notice of violation or a cessation order, may waive the use of the formula
				  contained in 4VAC25-130-845.13 to set the civil penalty, if he determines that,
				  taking into account exceptional factors present in the particular case, the
				  penalty is demonstrably unjust. However, the Director or his designee shall not
				  waive the use of the formula or reduce the proposed assessment on the basis of
				  an argument that a reduction in the proposed penalty could be used to abate
				  violations of the Act, this chapter, or any condition of any permit or
				  exploration approval. The basis for every waiver shall be fully explained and
				  documented in the records of the case.
(b) If the Director or his designee waives
				  the use of the formula, he shall use the criteria set forth in
				  4VAC25-130-845.13 to determine the appropriate penalty. When the Director or
				  his designee has elected to waive the use of the formula, he shall give a
				  written explanation of the basis for the assessment made to the person to whom
				  the notice or order was issued.
Statutory Authority
§§ 45.1-161.3 and 45.1-230 of the Code of
						Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 845 - Civil Penalties › Section 4VAC25-130-845.17 - Procedures for assessment of civil penalties

Current through Register Vol. 40, No. 24, July 15, 2024
(a) Within 15 days of service of a notice or
				  order, the person to whom it was issued may submit written information about
				  the violation to the division and to the inspector who issued the notice of
				  violation or cessation order. The division shall consider any information so
				  submitted in determining the facts surrounding the violation and the amount of
				  the penalty.
(b) The division shall
				  serve a copy of the proposed assessment and the computation of the proposed
				  assessment on the person to whom the notice or order was issued, by certified
				  mail, or by any means consistent with the Rules of the Supreme Court of
				  Virginia governing service of a summons or complaint, within 30 days of the
				  issuance of the notice or order.
(1) If the
				  mail is tendered at the address of that person set forth in the sign required
				  under 4VAC25-130-816.11 or 4VAC25-130-817.11, or at any address at which that
				  person is in fact located, and the person refuses to accept delivery of or to
				  collect such documents, the requirements of this paragraph shall be deemed to
				  have been complied with upon such tender. It is the permittee's responsibility
				  to ensure the division has his current address.
(2) Failure by the division to serve any
				  proposed assessment within 30 days shall not be grounds for dismissal of all or
				  part of such assessment unless the person against whom the proposed penalty has
				  been assessed-
(i) Proves actual prejudice as
				  a result of the delay; and
(ii)
				  Makes a timely objection to the delay. An objection shall be timely only if
				  made in the normal course of administrative review.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 845 - Civil Penalties › Section 4VAC25-130-845.18 - Procedures for assessment conference

Current through Register Vol. 40, No. 24, July 15, 2024
(a) The division shall arrange for a
				  conference to review the proposed assessment or reassessment, upon written
				  request of the person to whom notice or order was issued, if the request is
				  received within 30 days from the date the proposed assessment or reassessment
				  is served.
(b)
(1) The division shall assign a conference
				  officer to hold the assessment conference. The assessment conference shall be
				  conducted as an informal proceeding in accordance with § 2.2-4019 of the
				  Code of Virginia. The assessment conference shall be held within 60 days from
				  the date the conference request is received or the end of the abatement period,
				  whichever is later. Provided that a failure by the division to hold such
				  conference within 60 days shall not be grounds for dismissal of all or part of
				  an assessment unless the person against whom the proposed penalty has been
				  assessed proves actual prejudice as a result of the delay.
(2) The division shall post notice of the
				  time and place of the conference at the division's office in Big Stone Gap or
				  field office located closest to the mine at least five days before the
				  conference. Any person shall have a right to attend and participate in the
				  conference.
(3) The conference
				  officer shall consider all relevant information on the violation. Within 30
				  days after the conference is held, the conference officer shall either:
(i) Settle the issue, in which case a
				  settlement agreement shall be prepared and signed by the division and by the
				  person assessed; or
(ii) Affirm,
				  raise, lower, or vacate the penalty.
(4) An increase or reduction of a proposed
				  civil penalty assessment of more than 25% and more than $500 shall not be final
				  and binding on the division, until approved by the director or his
				  designee.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 845 - Civil Penalties › Section 4VAC25-130-845.19 - Request for hearing

Current through Register Vol. 40, No. 24, July 15, 2024
(a) The
				  person charged with the violation may contest the proposed penalty or the fact
				  of the violation by submitting a petition and an amount equal to the proposed
				  penalty or, if a conference has been held, the reassessed or affirmed penalty
				  to the division (to be held in escrow as provided in subsection (b) of this
				  section) within 30 days from receipt of the proposed assessment or reassessment
				  or 30 days from the date of service of the assessment conference decision,
				  whichever is later. The fact of the violation may not be contested if it has
				  been decided in a review proceeding commenced under
				  4VAC25-130-843.16.
(b) The division
				  shall transfer all funds submitted under subsection (a) of this section to the
				  State Treasurer's Office which shall hold them in escrow pending completion of
				  the administrative and judicial review process, at which time it shall disburse
				  them as provided in 4VAC25-130-845.20.
(c) The hearing requested pursuant to a
				  petition filed under subsection (a) of this section shall be conducted as a
				  formal hearing in accordance with the provisions of § 2.2-4020 of the Code
				  of Virginia. The hearing officer shall cause an accurate verbatim record of the
				  hearing to be made. The division may charge the reasonable cost of preparing
				  such record to any party to the hearing who requests a copy of the
				  record.
(d) All requests for
				  hearing, or appeals for review and reconsideration made under this section; and
				  all notices of appeal for judicial review of a hearing officer's final
				  decision, or the final decision on review and reconsideration shall be filed
				  with the Director, Division of Mined Land Repurposing, Department of Energy,
				  3405 Mountain Empire Road, Big Stone Gap, Virginia 24219.
Statutory Authority: § 45.2-103 of the Code of
						Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 845 - Civil Penalties › Section 4VAC25-130-845.20 - Final assessment and payment of penalty

Current through Register Vol. 40, No. 24, July 15, 2024
(a) If the person to whom a notice of
				  violation or cessation order is issued fails to request a hearing as provided
				  in 4VAC25-130-845.19, the proposed assessment shall become a final order of the
				  Director and the penalty assessed shall become due and payable upon expiration
				  of the time allowed to request a hearing.
(b) If any party requests judicial review of
				  a final order of the Director, the proposed penalty shall continue to be held
				  in escrow until completion of the review. Otherwise, subject to Paragraph (c)
				  of this section, the escrowed funds shall be transferred to the State
				  Treasurer's Office in payment of the penalty, and the escrow shall
				  end.
(c) If the final decision in
				  the administrative and judicial review results in an order reducing or
				  eliminating the proposed penalty assessed under this Part, the division shall
				  within 30 days of receipt of the order refund to the person assessed all or
				  part of the escrowed amount, with accrued interest from the date of payment
				  into escrow to the date of the refund.
(d) If the review results in an order
				  increasing the penalty, the person to whom the notice or order was issued shall
				  pay the difference to the division within 15 days after the order is mailed to
				  such person.
(e) Failure to submit
				  the penalty amount to the division shall result in the issuance of a show cause
				  order pursuant to 4VAC25-130-843.13.
Statutory Authority
§§ 45.1-161.3 and 45.1-230 of the Code of
						Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 846 - Individual Civil Penalties › Section 4VAC25-130-846.12 - When an individual civil penalty may be assessed

Current through Register Vol. 40, No. 24, July 15, 2024
(a) Except as provided in Paragraph (b) of
				  this section, the division may assess an individual civil penalty against any
				  corporate director, officer or agent of a corporate permittee who knowingly and
				  willfully authorized, ordered or carried out a violation, failure, or
				  refusal.
(b) The division shall not
				  assess an individual civil penalty in situations resulting from a permit
				  violation by a corporate permittee until a cessation order has been issued by
				  the division to the corporate permittee for the violation, and the cessation
				  order has remained unabated for 30 days.
Statutory Authority
§§ 45.1-161.3 and 45.1-230 of the Code of
						Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 846 - Individual Civil Penalties › Section 4VAC25-130-846.14 - Amount of the individual civil penalty

Current through Register Vol. 40, No. 24, July 15, 2024
(a) In determining the amount of an
				  individual civil penalty, the division shall consider the criteria specified in
				  § 45.2-1021 of the Act, including:
(1)
				  The individual's history of authorizing, ordering or carrying out previous
				  violations, failures or refusals at the particular surface coal mining
				  operation;
(2) The seriousness of
				  the violation, failure or refusal (as indicated by the extent of damage and/or
				  the cost of reclamation), including any irreparable harm to the environment and
				  any hazard to the health or safety of the public; and,
(3) The demonstrated good faith of the
				  individual charged in attempting to achieve rapid compliance after notice of
				  the violation, failure or refusal.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 846 - Individual Civil Penalties › Section 4VAC25-130-846.17 - Assessment of an individual civil penalty

Current through Register Vol. 40, No. 24, July 15, 2024
(a) Notice. The division shall serve, by
				  certified mail, each individual to be assessed a penalty under this Part a
				  notice of proposed individual civil penalty assessment, including a narrative
				  explanation of the reasons for the penalty, the amount to be assessed, and a
				  copy of any underlying notice of violation and cessation order.
(b) Final order and opportunity for review.
				  The notice of proposed individual civil penalty assessment shall become a final
				  order of the director 30 days after service upon the individual, unless:
(1) The individual submits a written request
				  for formal review of the penalty to the division within 30 days of service of
				  the notice of proposed individual civil penalty assessment; or
(2) The division and the individual or
				  responsible corporate permittee agree within 30 days of service of the notice
				  of proposed individual civil penalty to a schedule or plan for the abatement or
				  correction of the violation, failure or refusal.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 846 - Individual Civil Penalties › Section 4VAC25-130-846.18 - Penalty payment

Current through Register Vol. 40, No. 24, July 15, 2024
(a) If a notice
				  of proposed individual civil penalty assessment becomes a final order in the
				  absence of a request for formal review or an abatement agreement, the penalty
				  shall be due upon issuance of the final order.
(b) If an individual named in the notice of
				  proposed individual civil penalty assessment timely requests formal review
				  under 4VAC25-130-846.17(b)(1), the penalty shall be due upon issuance of the
				  final administrative order affirming, increasing or decreasing the proposed
				  penalty.
(c) Abatement agreement.
				  Where the division and corporate permittee or individual have agreed in writing
				  on a plan for the abatement of or compliance with the unabated order, the
				  individual named in the notice may postpone payment of the penalty until
				  receiving either:
(1) A final order from the
				  division stating that the penalty is due (whereupon, payment must be submitted
				  within 30 days); or,
(2) A written
				  notice from the division stating that abatement or compliance has been
				  satisfactorily accomplished and the penalty has been withdrawn.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 850 - Training, Examination, and Certification of Blasters › Section 4VAC25-130-850.1 - Scope

Current through Register Vol. 40, No. 24, July 15, 2024
This Part establishes the procedures for training,
					 examination and certification of persons engaged in or directly responsible for
					 the use of explosives in surface coal mining operations (as defined in
					 4VAC25-130-700.5).
Statutory Authority
§§ 45.1-161.3 and 45.1-230 of the Code of
						Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 850 - Training, Examination, and Certification of Blasters › Section 4VAC25-130-850.5 - Definition

Current through Register Vol. 40, No. 24, July 15, 2024
As used in this Part, "Blaster" means a person directly
					 responsible for the use of explosives in surface coal mining operations who is
					 certified under this Part.
Statutory Authority
§§ 45.1-161.3 and 45.1-230 of the Code of
						Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 850 - Training, Examination, and Certification of Blasters › Section 4VAC25-130-850.12 - Effective date

Current through Register Vol. 40, No. 24, July 15, 2024
Not later than 12 months following the approval by the
					 Secretary of this Subchapter, all blasting operations shall be conducted under
					 the direction of a certified blaster. Before that time, all such blasting
					 operations shall be conducted by competent, experienced persons who understand
					 the hazards involved, and who are certified by the Division of Mines
					 (DM).
Statutory Authority
§§ 45.1-161.3 and 45.1-230 of the Code of
						Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 850 - Training, Examination, and Certification of Blasters › Section 4VAC25-130-850.13 - Training

Current through Register Vol. 40, No. 24, July 15, 2024
(a) Persons seeking
				  to become certified as blasters may receive training by contacting the DM
				  office in Big Stone Gap. The training includes, but is not limited to, the
				  technical aspects of blasting operations and State and Federal laws governing
				  the storage, transportation, and use of explosives; and
(b) Persons who are not certified and who are
				  assigned to a blasting crew or assist in the use of explosives shall receive
				  direction and on-the-job training from a blaster.
(c) The DM course shall provide training and
				  discuss practical applications of:
(1)
				  Explosives, including:
(i) Selection of the
				  type of explosive to be used;
(ii)
				  Determination of the properties of explosives which will produce desired
				  results at an acceptable level of risk; and
(iii) Handling, transportation, and
				  storage;
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 850 - Training, Examination, and Certification of Blasters › Section 4VAC25-130-850.14 - Examination

Current through Register Vol. 40, No. 24, July 15, 2024
(a) The division
				  shall insure that candidates for blaster certification are examined by
				  reviewing and verifying:
(1) The person has
				  passed the DM written examination covering blasting practices, transportation
				  and storage of explosives, DM rules and regulations, and blast controls;
				  and
(2) The person has also passed
				  the division's Blaster's Coal Surface Mining Endorsement Test covering Part
				  850, 4VAC25-130-816.61 through 4VAC25-130-816.68 and 4VAC25-130-817.61 through
				  4VAC25-130-817.68; and
(3) The
				  person must file an application and furnish proof of experience to the DM's
				  Board of Mine Examiners. The minimum experience shall be at least one year of
				  practical blasting field experience.