Section 774.11. Division review of permits

(a) The division shall review each permit issued and outstanding during the term of the permit. This review shall occur not later than the middle of each permit term and as follows:

(1) Permits with a term longer than 5 years shall be reviewed no less frequently than the permit midterm or every 5 years, whichever is more frequent.

(2) Permits with variances granted in accordance with 4VAC25-130-785.14 (mountaintop removal) and 4VAC25-130-785.18 (variance for delay in contemporaneous reclamation requirement in combined surface and underground mining operations) shall be reviewed no later than 3 years from the date of issuance of the permit unless, for variances issued in accordance with 4VAC25-130-785.14, the permittee affirmatively demonstrates that the proposed development is proceeding in accordance with the terms of the permit.

(3) Permits containing experimental practices issued in accordance with 4VAC25-130-785.13 and permits with a variance from approximate original contour requirements in accordance with 4VAC25-130-785.16 shall be reviewed as set forth in the permit or at least every 2 ½ years from the date of issuance as required by the division, in accordance with 4VAC25-130-785.13(g) and 4VAC25-130-785.16(c), respectively.

(b) After the review required by Paragraph (a) of this section, or at any time, the division may order reasonable revision of a permit in accordance with 4VAC25-130-774.13 to ensure compliance with the Act and the regulatory program.

(c) Any order of the division requiring revision of a permit shall be based upon written findings and shall be subject to the provisions for administrative and judicial review in Part 775. Copies of the order shall be sent to the permittee.

(d) Permits may be suspended or revoked in accordance with Subchapter VL.

Historical Notes

Derived from VR480-03-19 § 774.11, 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.

Statutory Authority

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