Virginia Administrative Code
Title 4 - CONSERVATION AND NATURAL RESOURCES
Agency 25 - DEPARTMENT OF ENERGY
Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS
Part 845 - Civil Penalties
Section 4VAC25-130-845.16 - Waiver of use of formula to determine civil penalty

(a) The Director or his designee, upon his own initiative or upon written request received within 15 days of issuance of a notice of violation or a cessation order, may waive the use of the formula contained in 4VAC25-130-845.13 to set the civil penalty, if he determines that, taking into account exceptional factors present in the particular case, the penalty is demonstrably unjust. However, the Director or his designee shall not waive the use of the formula or reduce the proposed assessment on the basis of an argument that a reduction in the proposed penalty could be used to abate violations of the Act, this chapter, or any condition of any permit or exploration approval. The basis for every waiver shall be fully explained and documented in the records of the case.

(b) If the Director or his designee waives the use of the formula, he shall use the criteria set forth in 4VAC25-130-845.13 to determine the appropriate penalty. When the Director or his designee has elected to waive the use of the formula, he shall give a written explanation of the basis for the assessment made to the person to whom the notice or order was issued.