Chapter 130. Coal Surface Mining Reclamation Regulations

(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…

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…

(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 viol…

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…

(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 l…

(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, ta…

(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 submi…

(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)…

(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…

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.

(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 th…

(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. …

(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…

(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 a…

(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 individua…

(Repealed.)

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 o…

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 unde…

(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 …

(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 control…

(a) The division shall issue the blaster's coal surface mining endorsement for a period of five years to those candidates examined and found to be competent and has met the requirements as described in 4VAC25-130-850.13 and 4VAC25-130-850.14. (b) Suspension and revocation: (1) Th…

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.

Coal lands and water are eligible for reclamation activities if- (a) They were mined for coal or affected by coal mining processes; (b) They were mined prior to August 3, 1977, and left or abandoned in either an unreclaimed or inadequately reclaimed condition; and (c) There is no…

Reclamation projects shall reflect the priorities set out in section 403 of the Federal Act (30 USC § 1233) and should be accomplished in accordance with the OSM's "Final Guidelines for Reclamation Programs and Projects" (45 CFR 14810-14819, March 6, 1980). Statutory Authority§§ …

Written consent from the owner of record and lessee, or their authorized agents, is the preferred means for obtaining agreements to enter lands in order to carry out reclamation activities. Nonconsensual entry by exercise of the police power will be undertaken only after reasonab…

(a) The Director or his authorized agents, or contractors may enter upon land to perform reclamation activities or conduct studies or exploratory work to determine the existence of the adverse effects of past coal mining if consent from the owner is obtained. (b) If consent is no…

(a) The Director may enter into agreements with the Secretary of the Interior for the emergency restoration, reclamation, abatement, control or prevention of the adverse effects of past coal mining practices. The Director, his authorized agents, or contractors shall have the righ…

(a) Land adversely affected by past coal mining practices may be acquired by the Director with moneys from the Fund if approved in advance by the OSM. The Director shall find in writing that acquisition is necessary for successful reclamation and that- (1) The acquired land will …

(a) An appraisal of all land or interest in land to be acquired shall be obtained by the Director. The appraisal shall state the fair market value of the land as adversely affected by past mining. (b) When practical, acquisition shall be by purchase from a willing seller. The amo…

(a) The Director may accept donations of title to land or interests in land if the land proposed for donation meets the requirements set out in 4VAC25-130-879.11. (b) Offers to make a gift of land or interest in land to the Commonwealth shall be in writing and comply with the law…

Land acquired under this Part may be used for any lawful purpose that is consistent with the necessary reclamation activities. Procedures for collection of user charges or the waiver of such charges by the Director shall provide that all user fees collected shall be deposited in …

(a) Prior to the disposition of any land acquired under this Part, the Director shall publish a notice of proposed land disposition, hold public hearings, if requested, and make written findings in accordance with the authority contained in Section 407(g)(2) of the Federal Act. (…

(a) A notarized appraisal of private land to be reclaimed which may be subject to a lien under 4VAC25-130-882.13 shall be obtained from an independent appraiser. The appraisal shall state- (1) The estimated fair market value of the property in its unreclaimed condition; and (2) T…

(a) The Director has the discretionary authority to place or waive a lien against land reclaimed if the reclamation results in a significant increase in the fair market value; except that- (1) A lien shall not be placed against the property of a surface owner who acquired title p…

(a) A lien placed on private property shall be satisfied, to the extent of the value of the consideration received, at the time of transfer of ownership. Any unsatisfied portion shall remain as a lien on the property. (b) The Director, when a lien is filed on private property, sh…