{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/45.2-1023.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/45.2-1023.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/45.2-1023.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/45.2-1023.html"}],"law_id":61906,"edition_id":1,"section_id":61906,"structure_id":13541,"section_number":"45.2-1023","catch_line":" Forfeiture or release of performance bond","history":"1979, c. 290, \u00a7 45.1-247; 1984, c. 590; 2021, Sp. Sess. I, c. 387.","full_text":"A\n\nThe Director shall adopt regulations, consistent with regulations adopted by the Secretary, establishing procedures, conditions, criteria, and schedules for the forfeiture or release of performance bonds or deposits required under this chapter; however, no bond shall be fully released until all reclamation requirements of this chapter and the regulations adopted hereunder are fully met.B\n\nAny person with a valid legal interest that could be adversely affected by release of the bond, or the responsible officer or head of any federal, state, or local governmental agency that (i) has jurisdiction by law or special expertise with respect to any environmental, social, or economic impact involved in the operation or (ii) is authorized to develop and enforce environmental standards with respect to such operations, has the right to file written objections to the proposed release from bond by the Director within 30 days after the last publication of notice, as required by regulation. If a written objection is filed and a hearing requested, the Director shall inform all interested parties of the time and place of the hearing and hold a public hearing, either in the locality of the coal surface mining operation proposed for bond release or in Richmond, at the option of the objector, within 30 days of the request for such hearing.C\n\nWithout prejudice to the rights of any objector or the applicant or the responsibilities of the Director pursuant to this section, the Director may establish an informal conference, in accordance with regulations adopted pursuant to § 45.2-1014, to resolve written objections.D\n\nFor the purpose of the hearing specified in subsection B, the Director may administer oaths, subpoena witnesses or written or printed materials, compel the attendance of witnesses or production of materials, and take evidence, including inspections of the land affected or other coal surface mining operations carried on by the applicant in the general vicinity. A verbatim record of each public hearing shall be made, and a transcript shall be made available on the motion of any party or by order of the Director.","order_by":null,"text":{"0":{"id":226039,"text":"The Director shall adopt regulations, consistent with regulations adopted by the Secretary, establishing procedures, conditions, criteria, and schedules for the forfeiture or release of performance bonds or deposits required under this chapter; however, no bond shall be fully released until all reclamation requirements of this chapter and the regulations adopted hereunder are fully met.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":226040,"text":"Any person with a valid legal interest that could be adversely affected by release of the bond, or the responsible officer or head of any federal, state, or local governmental agency that (i) has jurisdiction by law or special expertise with respect to any environmental, social, or economic impact involved in the operation or (ii) is authorized to develop and enforce environmental standards with respect to such operations, has the right to file written objections to the proposed release from bond by the Director within 30 days after the last publication of notice, as required by regulation. If a written objection is filed and a hearing requested, the Director shall inform all interested parties of the time and place of the hearing and hold a public hearing, either in the locality of the coal surface mining operation proposed for bond release or in Richmond, at the option of the objector, within 30 days of the request for such hearing.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":226041,"text":"Without prejudice to the rights of any objector or the applicant or the responsibilities of the Director pursuant to this section, the Director may establish an informal conference, in accordance with regulations adopted pursuant to § 45.2-1014, to resolve written objections.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":226042,"text":"For the purpose of the hearing specified in subsection B, the Director may administer oaths, subpoena witnesses or written or printed materials, compel the attendance of witnesses or production of materials, and take evidence, including inspections of the land affected or other coal surface mining operations carried on by the applicant in the general vicinity. A verbatim record of each public hearing shall be made, and a transcript shall be made available on the motion of any party or by order of the Director.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":13541,"edition_id":1,"name":"Regulation of Mining Activity","identifier":"2","label":"article","depth":5,"order_by":1,"parent_id":13540,"metadata":{},"date_created":"2026-06-26 03:45:10","date_modified":"2026-06-26 03:45:10","permalink":{"id":223733,"object_type":"structure","relational_id":13541,"identifier":"2","token":"45.2\/II\/C\/10\/2","url":"\/45.2\/II\/C\/10\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13540,"edition_id":1,"name":"Virginia Coal Surface Mining Control and Reclamation Act of 1979","identifier":"10","label":"chapter","depth":4,"order_by":1,"parent_id":13539,"metadata":{},"date_created":"2026-06-26 03:45:10","date_modified":"2026-06-26 03:45:10","permalink":{"id":223697,"object_type":"structure","relational_id":13540,"identifier":"10","token":"45.2\/II\/C\/10","url":"\/45.2\/II\/C\/10\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13539,"edition_id":1,"name":"Surface Coal Mines","identifier":"C","label":"part","depth":3,"order_by":1,"parent_id":12985,"metadata":{},"date_created":"2026-06-26 03:45:10","date_modified":"2026-06-26 03:45:10","permalink":{"id":223695,"object_type":"structure","relational_id":13539,"identifier":"C","token":"45.2\/II\/C","url":"\/45.2\/II\/C\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12985,"edition_id":1,"name":"Coal Mining","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":12713,"metadata":{},"date_created":"2026-06-26 03:44:06","date_modified":"2026-06-26 03:44:06","permalink":{"id":222647,"object_type":"structure","relational_id":12985,"identifier":"II","token":"45.2\/II","url":"\/45.2\/II\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12713,"edition_id":1,"name":"Mines, Minerals, and Energy","identifier":"45.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":222539,"object_type":"structure","relational_id":12713,"identifier":"45.2","token":"45.2","url":"\/45.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":59248,"structure_id":13541,"section_number":"45.2-1008","catch_line":" Coal exploration operations","url":"\/45.2-1008\/","token":"45.2\/II\/C\/10\/2\/45.2-1008","metadata":false},{"id":68698,"structure_id":13541,"section_number":"45.2-1009","catch_line":" Permit required for coal surface mining operation; term; transfer, etc","url":"\/45.2-1009\/","token":"45.2\/II\/C\/10\/2\/45.2-1009","metadata":false},{"id":63876,"structure_id":13541,"section_number":"45.2-1010","catch_line":" Form and contents of permit application; fee","url":"\/45.2-1010\/","token":"45.2\/II\/C\/10\/2\/45.2-1010","metadata":false},{"id":69681,"structure_id":13541,"section_number":"45.2-1011","catch_line":" Operation and reclamation plans","url":"\/45.2-1011\/","token":"45.2\/II\/C\/10\/2\/45.2-1011","metadata":false},{"id":54700,"structure_id":13541,"section_number":"45.2-1012","catch_line":" Revision of permits","url":"\/45.2-1012\/","token":"45.2\/II\/C\/10\/2\/45.2-1012","metadata":false},{"id":80707,"structure_id":13541,"section_number":"45.2-1013","catch_line":" Approval or denial of permit","url":"\/45.2-1013\/","token":"45.2\/II\/C\/10\/2\/45.2-1013","metadata":false},{"id":81130,"structure_id":13541,"section_number":"45.2-1014","catch_line":" Public participation in process of issuing or revising permits","url":"\/45.2-1014\/","token":"45.2\/II\/C\/10\/2\/45.2-1014","metadata":false},{"id":76504,"structure_id":13541,"section_number":"45.2-1015","catch_line":" Decision of Director upon permit application; hearing; appeal","url":"\/45.2-1015\/","token":"45.2\/II\/C\/10\/2\/45.2-1015","metadata":false},{"id":64109,"structure_id":13541,"section_number":"45.2-1016","catch_line":" Performance bonds","url":"\/45.2-1016\/","token":"45.2\/II\/C\/10\/2\/45.2-1016","metadata":false},{"id":74259,"structure_id":13541,"section_number":"45.2-1017","catch_line":" Performance standards","url":"\/45.2-1017\/","token":"45.2\/II\/C\/10\/2\/45.2-1017","metadata":false},{"id":84028,"structure_id":13541,"section_number":"45.2-1018","catch_line":" Surface effects of underground coal mining operations","url":"\/45.2-1018\/","token":"45.2\/II\/C\/10\/2\/45.2-1018","metadata":false},{"id":84230,"structure_id":13541,"section_number":"45.2-1019","catch_line":" Inspections and monitoring","url":"\/45.2-1019\/","token":"45.2\/II\/C\/10\/2\/45.2-1019","metadata":false},{"id":54505,"structure_id":13541,"section_number":"45.2-1020","catch_line":" Enforcement of chapter generally","url":"\/45.2-1020\/","token":"45.2\/II\/C\/10\/2\/45.2-1020","metadata":false},{"id":84596,"structure_id":13541,"section_number":"45.2-1021","catch_line":" Civil and criminal penalties","url":"\/45.2-1021\/","token":"45.2\/II\/C\/10\/2\/45.2-1021","metadata":false},{"id":80009,"structure_id":13541,"section_number":"45.2-1022","catch_line":" Citizen suits; rights of citizens to accompany inspectors","url":"\/45.2-1022\/","token":"45.2\/II\/C\/10\/2\/45.2-1022","metadata":false},{"id":61906,"structure_id":13541,"section_number":"45.2-1023","catch_line":" Forfeiture or release of performance bond","url":"\/45.2-1023\/","token":"45.2\/II\/C\/10\/2\/45.2-1023","metadata":false},{"id":84157,"structure_id":13541,"section_number":"45.2-1024","catch_line":" Performance of reclamation operations by Director","url":"\/45.2-1024\/","token":"45.2\/II\/C\/10\/2\/45.2-1024","metadata":false},{"id":54560,"structure_id":13541,"section_number":"45.2-1025","catch_line":" Administrative review of notice or order issued under \u00a7 45.2-1020","url":"\/45.2-1025\/","token":"45.2\/II\/C\/10\/2\/45.2-1025","metadata":false},{"id":86764,"structure_id":13541,"section_number":"45.2-1026","catch_line":" Hearings","url":"\/45.2-1026\/","token":"45.2\/II\/C\/10\/2\/45.2-1026","metadata":false},{"id":76733,"structure_id":13541,"section_number":"45.2-1027","catch_line":" Judicial review of final order or decision or decision under \u00a7 45.2-1035","url":"\/45.2-1027\/","token":"45.2\/II\/C\/10\/2\/45.2-1027","metadata":false},{"id":61010,"structure_id":13541,"section_number":"45.2-1028","catch_line":" Designating areas unsuitable for coal surface mining","url":"\/45.2-1028\/","token":"45.2\/II\/C\/10\/2\/45.2-1028","metadata":false}],"previous_section":{"id":80009,"structure_id":13541,"section_number":"45.2-1022","catch_line":" Citizen suits; rights of citizens to accompany inspectors","url":"\/45.2-1022\/","token":"45.2\/II\/C\/10\/2\/45.2-1022","metadata":false},"next_section":{"id":84157,"structure_id":13541,"section_number":"45.2-1024","catch_line":" Performance of reclamation operations by Director","url":"\/45.2-1024\/","token":"45.2\/II\/C\/10\/2\/45.2-1024","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/45.2-1023\/","history_text":"

This law was first created in 1979. The record of its establishment is cataloged in chapter 290 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1979 \u201cActs\u201d aren\u2019t available online. It has been modified 1 time. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. That modification is as follows: in 1984, chapter 590.<\/p>","references":[{"id":82572,"section_number":"45.2-1049","catch_line":" Forfeiture of bonds on operations participating in the Fund; alternative remedies","order_by":null,"url":"\/45.2-1049\/"}],"refers_to":[{"id":81130,"section_number":"45.2-1014","catch_line":" Public participation in process of issuing or revising permits","order_by":null,"url":"\/45.2-1014\/"}],"permalink":{"id":223795,"object_type":"law","relational_id":61906,"identifier":"45.2-1023","token":"45.2\/II\/C\/10\/2\/45.2-1023","url":"\/45.2-1023\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/45.2-1023\/","token":"45.2\/II\/C\/10\/2\/45.2-1023","dublin_core":{"Title":" Forfeiture or release of performance bond","Type":"Text","Format":"text\/html","Identifier":"\u00a7 45.2-1023","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The Director<\/span> shall adopt regulations, consistent with regulations adopted by the Secretary<\/span>, establishing procedures, conditions, criteria, and schedules<\/span> for the forfeiture or release of performance bonds<\/span> or deposits required under this chapter; however, no bond<\/span> shall be fully released until all reclamation requirements of this chapter and the regulations adopted hereunder are fully met. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Any person<\/span> with a valid legal interest that could be adversely affected by release of the bond<\/span>, or the responsible officer or head of any federal, state, or local governmental agency that (i) has jurisdiction<\/span> by law<\/span> or special expertise with respect to any environmental, social, or economic impact involved in the operation or (ii) is authorized to develop and enforce environmental standards with respect to such operations, has the right to file written objections to the proposed release from bond<\/span> by the Director<\/span> within 30 days after the last publication of notice, as required by regulation. If a written objection is filed and a hearing<\/span> requested, the Director<\/span> shall inform all interested parties of the time and place of the hearing<\/span> and hold a public hearing<\/span>, either in the locality of the coal surface mining operation proposed for bond<\/span> release or in Richmond, at the option of the objector, within 30 days of the request for such hearing<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Without prejudice to the rights of any objector or the applicant or the responsibilities of the Director<\/span> pursuant to this section, the Director<\/span> may establish an informal conference, in accordance with regulations adopted pursuant to § 45.2-1014<\/a>, to resolve written objections. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> For the purpose of the hearing<\/span> specified in subsection B, the Director<\/span> may administer oaths<\/span>, subpoena<\/span> witnesses or written or printed materials<\/span>, compel the attendance of witnesses or production of materials<\/span>, and take evidence<\/span>, including inspections of the land affected or other coal surface mining operations carried on by the applicant in the general vicinity. A verbatim record of each public hearing<\/span> shall be made, and a transcript<\/span> shall be made available on the motion<\/span> of any party<\/span> or by order<\/span> of the Director<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\n FORFEITURE OR RELEASE OF PERFORMANCE BOND (\u00a7 45.2-1023)\n\nA. The Director shall adopt regulations, consistent with regulations adopted by\nthe Secretary, establishing procedures, conditions, criteria, and schedules for\nthe forfeiture or release of performance bonds or deposits required under this\nchapter; however, no bond shall be fully released until all reclamation\nrequirements of this chapter and the regulations adopted hereunder are fully\nmet.\n\nB. Any person with a valid legal interest that could be adversely affected by\nrelease of the bond, or the responsible officer or head of any federal, state,\nor local governmental agency that (i) has jurisdiction by law or special\nexpertise with respect to any environmental, social, or economic impact involved\nin the operation or (ii) is authorized to develop and enforce environmental\nstandards with respect to such operations, has the right to file written\nobjections to the proposed release from bond by the Director within 30 days\nafter the last publication of notice, as required by regulation. If a written\nobjection is filed and a hearing requested, the Director shall inform all\ninterested parties of the time and place of the hearing and hold a public\nhearing, either in the locality of the coal surface mining operation proposed\nfor bond release or in Richmond, at the option of the objector, within 30 days\nof the request for such hearing.\n\nC. Without prejudice to the rights of any objector or the applicant or the\nresponsibilities of the Director pursuant to this section, the Director may\nestablish an informal conference, in accordance with regulations adopted\npursuant to § 45.2-1014, to resolve written objections.\n\nD. For the purpose of the hearing specified in subsection B, the Director may\nadminister oaths, subpoena witnesses or written or printed materials, compel the\nattendance of witnesses or production of materials, and take evidence, including\ninspections of the land affected or other coal surface mining operations carried\non by the applicant in the general vicinity. A verbatim record of each public\nhearing shall be made, and a transcript shall be made available on the motion of\nany party or by order of the Director.\n\nHISTORY: 1979, c. 290, \u00a7 45.1-247; 1984, c. 590; 2021, Sp. Sess. I, c. 387.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}