45.1-228 - Purpose and policy of chapter. - Virginia Statutes

§ 45.1-228. Purpose and policy of chapter.

A. It is the purpose and policy of this chapter to do the following:

1. Provide for the implementation and enforcement, by the Commonwealth, ofthe federal Surface Mining Control and Reclamation Act of 1977, and theregulations of the United States Secretary of the Interior promulgatedthereunder, and amendments thereto, as the same may be or become effective atany time or from time to time.

2. Promote the reclamation of coal-mined areas, and areas which have beenaffected by such mining, which were not adequately reclaimed, or abandoned,prior to the enactment of the federal Surface Mining Control and ReclamationAct of 1977, and which, in their unreclaimed condition, continue tosubstantially degrade the quality of the environment, prevent or damage thebeneficial use of land or water resources, or endanger the public health orsafety;

3. Exercise the police power of the Commonwealth in a coordinated statewideprogram to effectively control present and future problems associated withcoal surface mining and provide for the reclamation of disturbed lands toinsure the protection of the public welfare and safety;

4. Authorize and enable the Department to submit, and obtain approval of, apermanent state regulatory program and abandoned mine reclamation program,pursuant to the federal Surface Mining Control and Reclamation Act of 1977.

B. Nothing in this chapter is intended, nor shall be construed, to limit,impair, abridge, create, enlarge, or otherwise affect, substantially orprocedurally, the rights of any person in any dispute involving propertyrights, including interests in water resources, or the right of any person todamage or other relief on account of injury to persons or property, includinginterests in water resources, and to maintain any action or other appropriateproceeding therefor, except as is otherwise specifically provided in thischapter; nor to affect the powers of the Commonwealth to initiate, prosecuteand maintain actions to abate public nuisances.

(1979, c. 290; 1984, c. 590.)