45.1-161.292:66 - Injunctive relief - Virginia Statutes

§ 45.1-161.292:66. Injunctive relief.

A. Any person violating or failing, neglecting or refusing to obey anyclosure order may be compelled in a proceeding instituted by the Director inany appropriate circuit court to obey same and to comply therewith byinjunction or other appropriate relief.

B. Any person failing to abate any violation of this chapter and Chapters14.5 (§ 45.1-161.293 et seq.) and 14.6 (§ 45.1-161.304 et seq.) which hasbeen cited in a notice of violation within the time period provided in suchnotice for its abatement may be compelled in a proceeding instituted by theDirector in any appropriate circuit court to abate such violation as providedin such notice, and to cease the operation of the mine at which suchviolation exists until the violation has been abated, by injunction or otherappropriate remedy.

C. The Director may file a bill of complaint with any appropriate circuitcourt asking the court to temporarily or permanently enjoin a person fromoperating a mine or mines in the Commonwealth or contracting for work at amine in the Commonwealth, to be granted upon finding by a preponderance ofthe evidence that (i) a history of noncompliance by the person demonstratesthat he is not able or willing to operate in compliance with the provisionsof this chapter and Chapters 14.5 (§ 45.1-161.293 et seq.) and 14.6 (§45.1-161.304 et seq.) or (ii) a history of the issuance of closure orders tothe person demonstrates that he is not able or willing to operate incompliance with the provisions of this chapter and Chapters 14.5 (§45.1-161.293 et seq.) and 14.6 (§ 45.1-161.304 et seq.).

(1997, c. 390; 1998, c. 695.)