§ 45.1-234. Permits required; certain operations conducted pending initialadministrative decision; time for application and action of Director thereon;term; transfer, etc.
A. On and after eight months from the date on which a permanent stateregulatory program is approved for this Commonwealth by the Secretary, noperson shall engage in or carry out any coal surface mining operationswithout having first obtained a permit to engage in the operations issued bythe Director, in accordance with the approved state regulatory program,except that a person conducting coal surface mining operations under a validpermit issued by the Director pursuant to Chapter 17 (§ 45.1-198 et seq.) ofthis title may conduct operations beyond the period if an application for anew permit has been filed in accordance with the provisions of this chapter,but the initial administrative decision has not yet been rendered. Operationsso conducted pending an administrative decision shall be subject to thepenalties and enforcement provisions of §§ 45.1-245, 45.1-246, 45.1-247,45.1-249, 45.1-250 and 45.1-251 and the penalty and enforcement regulationsimplementing those sections, provided that during the continuation of apermit issued under Chapter 17 of this title, there shall be no change in theperformance standards required thereunder.
B. No later than two months following the Secretary's approval of the stateregulatory program, regardless of any litigation contesting that approval,all operators of coal surface mines expecting to operate such mines after theexpiration of eight months from the Secretary's approval shall file anapplication for a permit with the Director. Such application shall coverthose lands to be mined after the expiration of eight months from theSecretary's approval.
C. Coal surface mining permits issued pursuant to the requirements of thischapter shall be for a term of five years. The rights granted under a permitshall not be transferred, assigned or sold without the written approval ofthe Director in accordance with regulations promulgated by him. The Directorshall also promulgate regulations, meeting the requirements of § 506 of thefederal act, for longer permit terms, successors in interest to thepermittee, termination of permit for failure to commence operations, right ofand procedure for permit renewal, and extension of boundaries of miningoperations.
(1979, c. 290; 1980, c. 364; 1983, c. 134; 1984, c. 590.)
§ 45.1-234. Permits required; certain operations conducted pending initialadministrative decision; time for application and action of Director thereon;term; transfer, etc.
A. On and after eight months from the date on which a permanent stateregulatory program is approved for this Commonwealth by the Secretary, noperson shall engage in or carry out any coal surface mining operationswithout having first obtained a permit to engage in the operations issued bythe Director, in accordance with the approved state regulatory program,except that a person conducting coal surface mining operations under a validpermit issued by the Director pursuant to Chapter 17 (§ 45.1-198 et seq.) ofthis title may conduct operations beyond the period if an application for anew permit has been filed in accordance with the provisions of this chapter,but the initial administrative decision has not yet been rendered. Operationsso conducted pending an administrative decision shall be subject to thepenalties and enforcement provisions of §§ 45.1-245, 45.1-246, 45.1-247,45.1-249, 45.1-250 and 45.1-251 and the penalty and enforcement regulationsimplementing those sections, provided that during the continuation of apermit issued under Chapter 17 of this title, there shall be no change in theperformance standards required thereunder.
B. No later than two months following the Secretary's approval of the stateregulatory program, regardless of any litigation contesting that approval,all operators of coal surface mines expecting to operate such mines after theexpiration of eight months from the Secretary's approval shall file anapplication for a permit with the Director. Such application shall coverthose lands to be mined after the expiration of eight months from theSecretary's approval.
C. Coal surface mining permits issued pursuant to the requirements of thischapter shall be for a term of five years. The rights granted under a permitshall not be transferred, assigned or sold without the written approval ofthe Director in accordance with regulations promulgated by him. The Directorshall also promulgate regulations, meeting the requirements of § 506 of thefederal act, for longer permit terms, successors in interest to thepermittee, termination of permit for failure to commence operations, right ofand procedure for permit renewal, and extension of boundaries of miningoperations.
(1979, c. 290; 1980, c. 364; 1983, c. 134; 1984, c. 590.)
§ 45.1-234. Permits required; certain operations conducted pending initialadministrative decision; time for application and action of Director thereon;term; transfer, etc.
A. On and after eight months from the date on which a permanent stateregulatory program is approved for this Commonwealth by the Secretary, noperson shall engage in or carry out any coal surface mining operationswithout having first obtained a permit to engage in the operations issued bythe Director, in accordance with the approved state regulatory program,except that a person conducting coal surface mining operations under a validpermit issued by the Director pursuant to Chapter 17 (§ 45.1-198 et seq.) ofthis title may conduct operations beyond the period if an application for anew permit has been filed in accordance with the provisions of this chapter,but the initial administrative decision has not yet been rendered. Operationsso conducted pending an administrative decision shall be subject to thepenalties and enforcement provisions of §§ 45.1-245, 45.1-246, 45.1-247,45.1-249, 45.1-250 and 45.1-251 and the penalty and enforcement regulationsimplementing those sections, provided that during the continuation of apermit issued under Chapter 17 of this title, there shall be no change in theperformance standards required thereunder.
B. No later than two months following the Secretary's approval of the stateregulatory program, regardless of any litigation contesting that approval,all operators of coal surface mines expecting to operate such mines after theexpiration of eight months from the Secretary's approval shall file anapplication for a permit with the Director. Such application shall coverthose lands to be mined after the expiration of eight months from theSecretary's approval.
C. Coal surface mining permits issued pursuant to the requirements of thischapter shall be for a term of five years. The rights granted under a permitshall not be transferred, assigned or sold without the written approval ofthe Director in accordance with regulations promulgated by him. The Directorshall also promulgate regulations, meeting the requirements of § 506 of thefederal act, for longer permit terms, successors in interest to thepermittee, termination of permit for failure to commence operations, right ofand procedure for permit renewal, and extension of boundaries of miningoperations.
(1979, c. 290; 1980, c. 364; 1983, c. 134; 1984, c. 590.)
