Virginia Administrative Code
Title 4 - CONSERVATION AND NATURAL RESOURCES
Agency 25 - DEPARTMENT OF ENERGY
Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS
Part 790 - Initiation of Citizen Suits
Section 4VAC25-130-790.12 - Contents of notice

Universal Citation: 4 VA Admin Code 25-130-790-12

Current through Register Vol. 41, No. 3, September 23, 2024

(a) Failure to act. Notice regarding a failure of the Director to perform an act or duty which is not discretionary shall contain the following:

(1) A description of the person's interest which is or may be adversely affected;

(2) The provisions of the Act which require such act or creates such duty;

(3) A specific description of the action taken or not taken by the Director which is claimed to constitute a failure to perform such act or duty; and

(4) The name and address of the person giving the notice.

(b) Violation of Act, rule, regulation, order or permit. Notices to the Director, the Secretary and alleged violators regarding an alleged violation of the Act, any regulation of this chapter, or of any permit or order issued pursuant thereto, shall contain sufficient information to enable the recipient to--

(1) Identify the specific provision of the Act, the regulation, order or permit condition which allegedly has been violated;

(2) The activity alleged to be in violation;

(3) The person or persons responsible for the alleged violation;

(4) The location of the alleged violation; and

(5) The date or dates of such violation.

(c) The notice shall also describe the interest, which is or may be adversely affected, and shall provide the name and address of the person alleging such a violation.

Statutory Authority

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

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