Administrative Code

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Virginia Administrative Code
Title 4. Conservation And Natural Resources
Agency 25. Department of Energy
Chapter 130. Coal Surface Mining Reclamation Regulations

4VAC25-130-846.18. Penalty payment.

(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 individual civil penalty assessment timely requests formal review under 4VAC25-130-846.17(b)(1), the penalty shall be due upon issuance of the final administrative order affirming, increasing or decreasing the proposed penalty.

(c) Abatement agreement. Where the division and corporate permittee or individual have agreed in writing on a plan for the abatement of or compliance with the unabated order, the individual named in the notice may postpone payment of the penalty until receiving either:

(1) A final order from the division stating that the penalty is due (whereupon, payment must be submitted within 30 days); or,

(2) A written notice from the division stating that abatement or compliance has been satisfactorily accomplished and the penalty has been withdrawn.

Statutory Authority

§§ 45.1-161.3 and 45.1-230 of the Code of Virginia.

Historical Notes

Derived from VR480-03-19 § 846.18, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

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