A. Any person violating or failing, neglecting or refusing to obey anyclosure order may be compelled in a proceeding instituted by the Director inany appropriate circuit court to obey same and to comply therewith byinjunction or other appropriate relief.
B. Any person failing to abate any violation of this Act which has been citedin a notice of violation within the time period provided in such notice forits abatement may be compelled in a proceeding instituted by the Director inany appropriate circuit court to abate such violation as provided in suchnotice, and to cease the operation of the mine at which such violation existsuntil the violation has been abated, by injunction or other appropriateremedy.
C. The Director may file a bill of complaint with any appropriate circuitcourt asking the court to temporarily or permanently enjoin a person fromoperating a mine or mines in the Commonwealth, to be granted upon finding bya preponderance of the evidence that (i) a history of noncompliance at themine or mines operated by the person demonstrates that he is not able orwilling to operate a mine in compliance with the provisions of this Act or(ii) a history of the issuance of closure orders for the mine or minesoperated by the person demonstrates that he is not able or willing to operatea mine in compliance with the provisions of this Act.
(Code 1950, §§ 45-8, 45-84; 1954, c. 191; 1966, c. 594, § 45.1-104; 1972, c.784; 1974, c. 323; 1975, c. 520; 1978, c. 120; 1982, c. 118; 1990, c. 963;1994, c. 28.)
A. Any person violating or failing, neglecting or refusing to obey anyclosure order may be compelled in a proceeding instituted by the Director inany appropriate circuit court to obey same and to comply therewith byinjunction or other appropriate relief.
B. Any person failing to abate any violation of this Act which has been citedin a notice of violation within the time period provided in such notice forits abatement may be compelled in a proceeding instituted by the Director inany appropriate circuit court to abate such violation as provided in suchnotice, and to cease the operation of the mine at which such violation existsuntil the violation has been abated, by injunction or other appropriateremedy.
C. The Director may file a bill of complaint with any appropriate circuitcourt asking the court to temporarily or permanently enjoin a person fromoperating a mine or mines in the Commonwealth, to be granted upon finding bya preponderance of the evidence that (i) a history of noncompliance at themine or mines operated by the person demonstrates that he is not able orwilling to operate a mine in compliance with the provisions of this Act or(ii) a history of the issuance of closure orders for the mine or minesoperated by the person demonstrates that he is not able or willing to operatea mine in compliance with the provisions of this Act.
(Code 1950, §§ 45-8, 45-84; 1954, c. 191; 1966, c. 594, § 45.1-104; 1972, c.784; 1974, c. 323; 1975, c. 520; 1978, c. 120; 1982, c. 118; 1990, c. 963;1994, c. 28.)
A. Any person violating or failing, neglecting or refusing to obey anyclosure order may be compelled in a proceeding instituted by the Director inany appropriate circuit court to obey same and to comply therewith byinjunction or other appropriate relief.
B. Any person failing to abate any violation of this Act which has been citedin a notice of violation within the time period provided in such notice forits abatement may be compelled in a proceeding instituted by the Director inany appropriate circuit court to abate such violation as provided in suchnotice, and to cease the operation of the mine at which such violation existsuntil the violation has been abated, by injunction or other appropriateremedy.
C. The Director may file a bill of complaint with any appropriate circuitcourt asking the court to temporarily or permanently enjoin a person fromoperating a mine or mines in the Commonwealth, to be granted upon finding bya preponderance of the evidence that (i) a history of noncompliance at themine or mines operated by the person demonstrates that he is not able orwilling to operate a mine in compliance with the provisions of this Act or(ii) a history of the issuance of closure orders for the mine or minesoperated by the person demonstrates that he is not able or willing to operatea mine in compliance with the provisions of this Act.
(Code 1950, §§ 45-8, 45-84; 1954, c. 191; 1966, c. 594, § 45.1-104; 1972, c.784; 1974, c. 323; 1975, c. 520; 1978, c. 120; 1982, c. 118; 1990, c. 963;1994, c. 28.)
