Code of Virginia § 45.2-1202. Authority of Director; enforcement of chapter by injunction.

293 words·~1 min read·/va/title-45-2/chapter-12/45-2-1202

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

A. The Director may adopt regulations to effectuate the provisions and the policy of this chapter and may adopt definitions for use in interpreting this chapter.

B. The Director may administer and enforce the provisions of this chapter. In administering and enforcing the provisions of this chapter pursuant to the findings and legislative policy adopted by the General Assembly, the Director shall exercise the following powers in addition to any other powers conferred upon him by law:

1. Supervise the administration and enforcement of this chapter and all regulations and orders adopted thereunder;

2. Issue orders to enforce the provisions of this chapter, all regulations adopted thereunder, and the terms and conditions of any permit;

3. Make investigations and inspections to ensure compliance with any provision of this chapter or any regulation or order adopted thereunder;

4. Encourage and conduct investigations, research, experiments, and demonstrations and collect and disseminate information relating to surface mining and reclamation of lands and waters affected by surface mining; and

5. Receive any federal funds, state funds, or any other funds and enter into any contracts for which funds are available to carry out the purposes of this chapter.

C. In addition to any administrative remedy granted herein, the Director may petition any court of competent jurisdiction for an injunction against a violation of any provision of this chapter or any regulation or order adopted hereunder or to compel the performance of any act required by such provision, regulation, or order without regard to any adequate remedy that may exist at law, and such injunction shall be issued without bond. However, with regard to the suspension of mining operations, § 45.2-1225 shall control.

1977, c. 312, § 45.1-180.3; 1984, c. 590; 2021, Sp. Sess. I, c. 387 .