In the event of forfeiture of a performance bond, in whole or in part, the Director shall deposit the proceeds in the state treasury in a special fund to be used by the Director to complete the reclamation plan and other regulatory requirements pertaining to the operation for which the forfeited bond had been posted. The Director may use the resources and facilities of the Division or enter into contracts for performance of such reclamation with any person, any soil conservation district, or any agency of the state or federal government. After completion of the reclamation and payment of all costs and administrative expenses associated with the completion of reclamation, any additional funds from the forfeiture of the bond shall be returned.
1979, c. 290, § 45.1-248; 1984, c. 590; 2021, Sp. Sess. I, c. 387.
Structure Code of Virginia
Title 45.2 - Mines, Minerals, and Energy
Chapter 10 - Virginia Coal Surface Mining Control and Reclamation Act of 1979
§ 45.2-1001. Limitations of chapter
§ 45.2-1002. Application of chapter
§ 45.2-1003. Authority and duties of Director
§ 45.2-1004. Training and certification of blasters
§ 45.2-1005. Conflicts of interest prohibited
§ 45.2-1006. Resisting, etc., Director or agent of the Director; penalty
§ 45.2-1007. Coal Surface Mining Regulatory Fund
§ 45.2-1008. Coal exploration operations
§ 45.2-1009. Permit required for coal surface mining operation; term; transfer, etc.
§ 45.2-1010. Form and contents of permit application; fee
§ 45.2-1011. Operation and reclamation plans
§ 45.2-1012. Revision of permits
§ 45.2-1013. Approval or denial of permit
§ 45.2-1014. Public participation in process of issuing or revising permits
§ 45.2-1015. Decision of Director upon permit application; hearing; appeal
§ 45.2-1016. Performance bonds
§ 45.2-1017. Performance standards
§ 45.2-1018. Surface effects of underground coal mining operations
§ 45.2-1019. Inspections and monitoring
§ 45.2-1020. Enforcement of chapter generally
§ 45.2-1021. Civil and criminal penalties
§ 45.2-1022. Citizen suits; rights of citizens to accompany inspectors
§ 45.2-1023. Forfeiture or release of performance bond
§ 45.2-1024. Performance of reclamation operations by Director
§ 45.2-1025. Administrative review of notice or order issued under § 45.2-1020
§ 45.2-1027. Judicial review of final order or decision or decision under § 45.2-1035
§ 45.2-1028. Designating areas unsuitable for coal surface mining
§ 45.2-1029. National Pollutant Discharge Elimination System permits
§ 45.2-1030. Replacement of water supply
§ 45.2-1031. State Reclamation Program
§ 45.2-1032. Abandoned Mine Reclamation Fund
§ 45.2-1034. Eligible lands and water; priorities for expenditures
§ 45.2-1036. Commonwealth to have lien for reclamation work
§ 45.2-1037. Perfection of lien; waiver of lien
§ 45.2-1038. Recordation and indexing of lien; notice
§ 45.2-1040. Hearing to determine amount of lien
§ 45.2-1041. Satisfaction of lien
§ 45.2-1042. Miscellaneous powers of Director
§ 45.2-1043. Coal Surface Mining Reclamation Fund
§ 45.2-1044. Participation in Fund
§ 45.2-1045. Initial payments into Fund; renewal payments; bonds
§ 45.2-1046. Assessment of reclamation tax revenues for Fund
§ 45.2-1047. Special assessment
§ 45.2-1048. Collection of reclamation tax and penalties for nonpayment
§ 45.2-1049. Forfeiture of bonds on operations participating in the Fund; alternative remedies
§ 45.2-1050. Reinstatement to the Fund; recovery of Fund expenditures
§ 45.2-1051. Coal Surface Mining Reclamation Fund Advisory Board