Whenever the size of the Fund decreases to less than $2 million, the Director shall suspend the return of payments pursuant to § 45.2-1237 and shall assess all members an equal amount for each affected acre, for a total amount sufficient to raise the Fund to $2 million. In lieu of such assessment, all members shall at the request of the Director post bonds or other securities within six months after the Director so notifies the members. Failure of a member to post bond or other surety or to pay the required assessment shall result in the revocation of the permit of the member and the forfeiture of the member's payments in accordance with § 45.2-1238.
1978, c. 634, § 45.1-197.14; 2017, c. 4; 2021, Sp. Sess. I, c. 387.
Structure Code of Virginia
Title 45.2 - Mines, Minerals, and Energy
Chapter 12 - Permits for Certain Mining Operations; Reclamation of Land
§ 45.2-1201. Construction of chapter
§ 45.2-1202. Authority of Director; enforcement of chapter by injunction
§ 45.2-1203. Exemption for restricted mining
§ 45.2-1206. Operations plan; reclamation; policy of Director
§ 45.2-1207. Special Reclamation Fund
§ 45.2-1209. Review of operations plan and reclamation provision by Director; issuance of permit
§ 45.2-1210. Application for permit; adjoining landowners; local official
§ 45.2-1211. Succession of one operator by another at uncompleted project
§ 45.2-1213. Notice of noncompliance served on operator
§ 45.2-1214. Collection of debts
§ 45.2-1215. Commonwealth to have lien for reclamation work
§ 45.2-1216. Perfection of lien; waiver of lien
§ 45.2-1217. Recordation and indexing of lien; notice
§ 45.2-1219. Hearing to determine amount of lien
§ 45.2-1220. Satisfaction of lien
§ 45.2-1221. Additional bond to cover amended estimate of land to be disturbed
§ 45.2-1222. Interference with reclamation unlawful; other mining operations on land
§ 45.2-1223. Penalty for violation of chapter, etc.
§ 45.2-1224. Assistance of federal, state, and local agencies
§ 45.2-1225. Injunction prohibiting mining operation
§ 45.2-1226. Appeals from decisions of the Department
§ 45.2-1228. Orphaned Lands Reclamation Fund
§ 45.2-1229. Survey; priorities for reclamation
§ 45.2-1230. Agreements with owners or lessees; reclamation by Director
§ 45.2-1231. Contracts for reclamation
§ 45.2-1232. Acceptance of federal funds, gifts, etc.
§ 45.2-1234. Minerals Reclamation Fund
§ 45.2-1235. Membership in Fund; payments required
§ 45.2-1236. Release of bonds and other securities
§ 45.2-1237. Return of member payments
§ 45.2-1238. Revocation of permits; reclamation work
§ 45.2-1239. Collection of debt where cost of reclamation exceeds member's forfeited payments, etc.
§ 45.2-1240. Decreases in size of Fund
§ 45.2-1241. Order of return of payments
§ 45.2-1242. Discontinuance of Fund
§ 45.2-1243. Construction of article; Fund used solely for reclamation