§ 45.1-246.1. Citizen suits; rights of citizens to accompany inspectors.
A. Except as provided in subsections B or C of this section, any personhaving an interest which is or may be adversely affected may, in order tocompel compliance with the provisions of this chapter, commence a civilaction on his own behalf against:
1. The United States or any other governmental instrumentality or agency, orany other person that is alleged to be in violation of the provisions of thischapter or of any rule, regulation, order or permit issued pursuant thereto;or
2. The Director when there is alleged a failure of the Director to performany act or duty under this chapter which is not discretionary with theDirector.
B. No action may be commenced under subdivision A 1 of this section:
1. Prior to sixty days after the plaintiff has given written notice of theviolation to (i) the Secretary, (ii) the Director and (iii) any allegedviolator; or
2. If the Commonwealth of Virginia or the Secretary of the Interior hascommenced and is diligently prosecuting a civil or criminal action in a courtof the United States or this Commonwealth to require compliance with theprovisions of this chapter, or any rule, regulation, order, or permit issuedpursuant to this chapter, provided, however, that any person may intervene asa matter of right in any such action in a court of the Commonwealth;
C. No action may be commenced under subdivision A 2 of this section prior tosixty days after the plaintiff has given written notice of such action to theDirector, in such manner as shall be prescribed by regulation, provided,however, that such action may be brought immediately after such notificationin any case in which it is alleged that a violation or order would constitutean imminent threat to the health or safety of the plaintiff or wouldimmediately affect a legal interest of the plaintiff.
D. Any action with respect to a violation of this chapter or the regulationsthereunder may be brought only in the circuit court of the county or city inwhich the surface coal mining operation complained of is located. In any suchaction commenced under the provisions of this section, the Director mayintervene as a matter of right, whether or not he is a party to the action.
E. The court, in issuing any final order in any action brought pursuant tosubsection A of this section, may award costs of litigation, includingattorney and expert witness fees, to any party, provided that the courtdetermines such award is appropriate. If a preliminary injunction is soughtthe court may require the filing of a bond or equivalent security inaccordance with the rules of civil procedure.
F. Nothing in this section shall restrict any common-law or statutory rightwhich any person or class of persons may have to seek enforcement of any ofthe provisions of this chapter and the regulations thereunder, or to seek anyother relief, including relief against the Director.
G. Any person who as a result of the violation by any operator of any rule,regulation, order, or permit issued pursuant to this chapter, suffers injuryto his person or property may bring an action for damages, includingreasonable attorney and expert witness fees. Such action may be brought onlyin the circuit court of the county or city in which the surface coal miningoperation complained of is located. Nothing in this subsection shall affectthe rights established by or limits imposed under Title 65.2.
H. Whenever information provided the Director by any person results in anyinspection, the Director shall notify such person of the time at which theinspection is scheduled to occur, and such person shall be allowed toaccompany the inspector during the inspection.
§ 45.1-246.1. Citizen suits; rights of citizens to accompany inspectors.
A. Except as provided in subsections B or C of this section, any personhaving an interest which is or may be adversely affected may, in order tocompel compliance with the provisions of this chapter, commence a civilaction on his own behalf against:
1. The United States or any other governmental instrumentality or agency, orany other person that is alleged to be in violation of the provisions of thischapter or of any rule, regulation, order or permit issued pursuant thereto;or
2. The Director when there is alleged a failure of the Director to performany act or duty under this chapter which is not discretionary with theDirector.
B. No action may be commenced under subdivision A 1 of this section:
1. Prior to sixty days after the plaintiff has given written notice of theviolation to (i) the Secretary, (ii) the Director and (iii) any allegedviolator; or
2. If the Commonwealth of Virginia or the Secretary of the Interior hascommenced and is diligently prosecuting a civil or criminal action in a courtof the United States or this Commonwealth to require compliance with theprovisions of this chapter, or any rule, regulation, order, or permit issuedpursuant to this chapter, provided, however, that any person may intervene asa matter of right in any such action in a court of the Commonwealth;
C. No action may be commenced under subdivision A 2 of this section prior tosixty days after the plaintiff has given written notice of such action to theDirector, in such manner as shall be prescribed by regulation, provided,however, that such action may be brought immediately after such notificationin any case in which it is alleged that a violation or order would constitutean imminent threat to the health or safety of the plaintiff or wouldimmediately affect a legal interest of the plaintiff.
D. Any action with respect to a violation of this chapter or the regulationsthereunder may be brought only in the circuit court of the county or city inwhich the surface coal mining operation complained of is located. In any suchaction commenced under the provisions of this section, the Director mayintervene as a matter of right, whether or not he is a party to the action.
E. The court, in issuing any final order in any action brought pursuant tosubsection A of this section, may award costs of litigation, includingattorney and expert witness fees, to any party, provided that the courtdetermines such award is appropriate. If a preliminary injunction is soughtthe court may require the filing of a bond or equivalent security inaccordance with the rules of civil procedure.
F. Nothing in this section shall restrict any common-law or statutory rightwhich any person or class of persons may have to seek enforcement of any ofthe provisions of this chapter and the regulations thereunder, or to seek anyother relief, including relief against the Director.
G. Any person who as a result of the violation by any operator of any rule,regulation, order, or permit issued pursuant to this chapter, suffers injuryto his person or property may bring an action for damages, includingreasonable attorney and expert witness fees. Such action may be brought onlyin the circuit court of the county or city in which the surface coal miningoperation complained of is located. Nothing in this subsection shall affectthe rights established by or limits imposed under Title 65.2.
H. Whenever information provided the Director by any person results in anyinspection, the Director shall notify such person of the time at which theinspection is scheduled to occur, and such person shall be allowed toaccompany the inspector during the inspection.
§ 45.1-246.1. Citizen suits; rights of citizens to accompany inspectors.
A. Except as provided in subsections B or C of this section, any personhaving an interest which is or may be adversely affected may, in order tocompel compliance with the provisions of this chapter, commence a civilaction on his own behalf against:
1. The United States or any other governmental instrumentality or agency, orany other person that is alleged to be in violation of the provisions of thischapter or of any rule, regulation, order or permit issued pursuant thereto;or
2. The Director when there is alleged a failure of the Director to performany act or duty under this chapter which is not discretionary with theDirector.
B. No action may be commenced under subdivision A 1 of this section:
1. Prior to sixty days after the plaintiff has given written notice of theviolation to (i) the Secretary, (ii) the Director and (iii) any allegedviolator; or
2. If the Commonwealth of Virginia or the Secretary of the Interior hascommenced and is diligently prosecuting a civil or criminal action in a courtof the United States or this Commonwealth to require compliance with theprovisions of this chapter, or any rule, regulation, order, or permit issuedpursuant to this chapter, provided, however, that any person may intervene asa matter of right in any such action in a court of the Commonwealth;
C. No action may be commenced under subdivision A 2 of this section prior tosixty days after the plaintiff has given written notice of such action to theDirector, in such manner as shall be prescribed by regulation, provided,however, that such action may be brought immediately after such notificationin any case in which it is alleged that a violation or order would constitutean imminent threat to the health or safety of the plaintiff or wouldimmediately affect a legal interest of the plaintiff.
D. Any action with respect to a violation of this chapter or the regulationsthereunder may be brought only in the circuit court of the county or city inwhich the surface coal mining operation complained of is located. In any suchaction commenced under the provisions of this section, the Director mayintervene as a matter of right, whether or not he is a party to the action.
E. The court, in issuing any final order in any action brought pursuant tosubsection A of this section, may award costs of litigation, includingattorney and expert witness fees, to any party, provided that the courtdetermines such award is appropriate. If a preliminary injunction is soughtthe court may require the filing of a bond or equivalent security inaccordance with the rules of civil procedure.
F. Nothing in this section shall restrict any common-law or statutory rightwhich any person or class of persons may have to seek enforcement of any ofthe provisions of this chapter and the regulations thereunder, or to seek anyother relief, including relief against the Director.
G. Any person who as a result of the violation by any operator of any rule,regulation, order, or permit issued pursuant to this chapter, suffers injuryto his person or property may bring an action for damages, includingreasonable attorney and expert witness fees. Such action may be brought onlyin the circuit court of the county or city in which the surface coal miningoperation complained of is located. Nothing in this subsection shall affectthe rights established by or limits imposed under Title 65.2.
H. Whenever information provided the Director by any person results in anyinspection, the Director shall notify such person of the time at which theinspection is scheduled to occur, and such person shall be allowed toaccompany the inspector during the inspection.
