45.1-197 - Local standards and regulations; waiver of application of chapter; review for strict compliance with chapter.
§ 45.1-197. Local standards and regulations; waiver of application ofchapter; review for strict compliance with chapter.
Counties, cities and towns may establish standards and adopt regulationsdealing with the same subject, provided, however, such standards andregulations shall not be below those adopted by the Director.
This chapter shall not be construed to repeal any local ordinance orregulation or charter provision now in effect in any county, city or townwhere the provisions are not less than the standards adopted by the Director.The Director may waive the application of this chapter if, in his opinion, acounty, city or town in which mining operations are being conducted hasenacted and is enforcing zoning ordinances dealing with the subject matter,prescribing standards and regulations not below those set forth in thischapter. If the Director waives the provisions hereof, the operator shallcomply strictly with all the provisions of the ordinances of such counties,cities and towns in which his operations are located.
The Director may also waive the application of this chapter as to any miningor borrow pit operation which is conducted solely and exclusively for a stateproject and which is subject by contract to the control and supervision of astate agency, provided regulations satisfactory to the Director have beenpromulgated and are incorporated in any contract for such removal.
The county, city, town or state agency shall assure strict compliance withall the provisions of the ordinances, regulations or contracts and theDirector shall from time to time review the ordinances, regulations orcontracts and the enforcement programs to assure compliance with thischapter. If the Director determines that there is not strict compliance withthis chapter, then he may rescind his waiver of the application of thischapter.
(1968, c. 734; 1974, c. 312; 1977, c. 312.)