45.1-242 - Performance standards.
§ 45.1-242. Performance standards.
A. The Director shall, by regulation, establish performance standards meetingthe requirement of § 515 of the federal act and consistent with regulationsadopted by the Secretary thereunder which shall be applicable to all coalsurface mining and reclamation operations, except as otherwise provided inthis chapter.
B. Any permit issued pursuant to this chapter to conduct coal surface miningoperations shall require that such operations meet all applicable performancestandards established by the Director.
C. The Director shall include, in his regulations, special procedures andstandards, consistent with regulations promulgated by the Secretary, for theissuance of permits for mountain-top removal operations, without regard torequirements to restore to approximate original contour, and for variancesfrom such requirements for steep-slope operations.
D. Because of the diversity in terrain, climate, biologic, chemical and otherphysical conditions in Virginia, the primary governmental responsibility fordeveloping, authorizing, issuing and enforcing regulations for coal surfacemining and reclamation operations should rest with the Commonwealth, andaccordingly, the Director is encouraged and authorized to develop andpromulgate, with the approval of the Secretary, alternative performancestandards and procedures for administering and enforcing the program createdpursuant to this chapter.
E. The Director, with the approval of the Secretary, may authorize departureson an experimental basis from the environmental protection performancestandards promulgated under this section and § 45.1-243.
(1979, c. 290; 1984, c. 590.)