§ 45.2-1050. Reinstatement to the Fund; recovery of Fund expenditures
A. An operator who has defaulted on any reclamation obligation and has thereby caused the Fund to incur reclamation expenses shall not be eligible to participate in the Fund thereafter until restitution for such default has been made. Compliance with this requirement shall be a prerequisite to the filing by the operator of any new […]
§ 45.2-1051. Coal Surface Mining Reclamation Fund Advisory Board
A. The Coal Surface Mining Reclamation Fund Advisory Board (the Advisory Board) is established as an advisory board in the executive branch of state government. The purpose of the Advisory Board is to formulate recommendations for the Director concerning oversight of the general operation of the Fund. B. The Advisory Board shall have a total […]
§ 45.2-1047. Special assessment
A. In addition to the tax assessed pursuant to § 45.2-1046, and in order to ensure Fund solvency, the Director of the Division shall require each permittee to pay any special assessment made pursuant to subsection B. B. On and after July 1, 1990, the Director of the Division shall assess each permit in the […]
§ 45.2-1048. Collection of reclamation tax and penalties for nonpayment
A. Payment of taxes under this section shall be made no later than 30 days after the end of each calendar quarter when taxes are applicable in accordance with § 45.2-1046. The Division shall notify each operator holding a permit under this chapter of those periods during which the taxes are applicable, provide forms for […]
§ 45.2-1049. Forfeiture of bonds on operations participating in the Fund; alternative remedies
A. Forfeiture of bonds of an operation participating in the Fund shall be accomplished as set forth in § 45.2-1023 and the regulations adopted by the Director. B. In addition to forfeiture, the Director may proceed against the permittee of a surface coal mining operation under the provisions of subsection F of § 45.2-1020 by […]
§ 45.2-1044. Participation in Fund
A. Participation in the Fund is open to any operator applying for a permit under this chapter who can demonstrate to the Director a history of at least three consecutive years of compliance under this chapter or any other comparable state or federal act. B. Participation in the Fund is optional as to each permit […]
§ 45.2-1045. Initial payments into Fund; renewal payments; bonds
A. Any operator filing a permit application for a coal surface mining operation participating in the pool fund shall pay into the Fund, as an entrance fee, a sum equal to $1,000 for each applicable permit application. An entrance fee of $5,000 shall be required of each operator who elects to participate in the Fund […]
§ 45.2-1046. Assessment of reclamation tax revenues for Fund
A. There is hereby levied a reclamation tax upon the production of coal by each operator participating in the Fund under a permit issued under this chapter as set forth in this article. B. Thirty days after the end of each calendar quarter during which the total balance of the Fund, including interest thereon, is […]
§ 45.2-1043. Coal Surface Mining Reclamation Fund
There is hereby created in the state treasury a special nonreverting fund to be known as the Coal Surface Mining Reclamation Fund, referred to in this article as “the Fund.” The Fund shall be established on the books of the Comptroller. All payments made into the Fund in accordance with the provisions of this article […]
§ 45.2-1040. Hearing to determine amount of lien
Any party having an interest in the real property against which a lien has been filed may, within 60 days of such filing, petition the circuit court having jurisdiction wherein the property or some portion thereof is located to hold a hearing to determine the increase in the market value of the land as a […]