Virginia Administrative Code

Construction, operation, maintenance, modification, reclamation, and removal activities at coal preparation plants shall comply with the following: (a) Signs and markers for the coal preparation plant, coal processing waste disposal area, and water-treatment facilities shall comp…

(a) The person who conducts in situ processing activities shall comply with Part 817 and this section. (b) In situ processing activities shall be planned and conducted to minimize disturbance to the prevailing hydrologic balance by: (1) Avoiding discharge of fluids into holes or …

(a) Each person who conducts in situ processing activities shall monitor the quality and quantity of surface and ground water and the subsurface flow and storage characteristics, in a manner approved by the division under 4VAC25-130-817.41, to measure changes in the quantity and …

This Part is intended to ensure that all in situ processing activities are conducted in a manner which preserves and enhances environmental values in accordance with the Act. This Part provides additional performance, reclamation and design standards to reflect the nature of in s…

(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 un…

(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 buil…

(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 inspec…

(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…

(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 a…

(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 v…

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 provide…

(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 vi…

(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 pract…

(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 …

(a)(1) The director shall issue a show cause order to a permittee requiring justification as to why his permit and right to mine under the Act should not be suspended or revoked, if the director determines that a pattern of violations of any requirements of the Act, this chapter,…

(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 th…

(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. Expiratio…

(a) A person issued a notice of violation or cessation order under 4VAC25-130-843.11 or 4VAC25-130-843.12, or a person having an interest which is or may be adversely affected by the issuance, modification, vacation, or termination of a notice or order may request review of that …

(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…