{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/45.2-1045.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/45.2-1045.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/45.2-1045.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/45.2-1045.html"}],"law_id":82398,"edition_id":1,"section_id":82398,"structure_id":15901,"section_number":"45.2-1045","catch_line":" Initial payments into Fund; renewal payments; bonds","history":"1982, c. 334, \u00a7 45.1-270.3; 1983, c. 131; 1989, c. 432; 1991, c. 495; 2014, cc. 111, 135; 2021, Sp. Sess. I, c. 387.","full_text":"A\n\nAny 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 if the Director has determined that the total balance of the Fund is less than $1.75 million. The entrance fee shall be reduced to $1,000 when the total Fund balance is greater than $2 million. A renewal fee of $1,000 shall be required of each permittee in the Fund at permit renewal.1\n\nFor the purposes of this section, all planned expenditures shall be deducted from the balance of the Fund during each calendar quarter, including any forfeiture on which engineering cost estimates have been prepared but no money from the Fund has actually been expended.2\n\nIf the actual expenditures from the Fund are less than the engineering cost estimate, the difference shall be credited to the balance of the Fund during the calendar quarter in which the final expenditure is made from the Fund to accomplish the reclamation.B\n\nIn addition to the initial payments into the Fund described in subsection A, every operator who participates in the Fund shall furnish to the Fund a bond that meets the criteria of \u00a7 45.2-1016 and regulations issued pursuant thereto as follows:1\n\nFor an underground mining operation participating in the Fund prior to July 1, 1991, the amount of $1,000 per acre covered by each permit. In no event shall such total bond be less than $40,000, except that on a permit that has completed all mining and for which a completion report was approved prior to July 1, 1991, the total bond shall not be less than $10,000.2\n\nFor an underground mining operation entering the Fund on or after July 1, 1991, and for any additional acreage bonded after such date, the amount of $3,000 per acre. In no event shall the total bond for such underground operation entering the Fund on or after July 1, 1991, be less than $40,000.3\n\nFor any other coal mining operation participating in the Fund prior to July 1, 1991, the amount of $1,500 per acre covered by each permit. In no event shall such total bond be less than $100,000, except that on a permit that has completed all mining and for which a completion report was approved prior to July 1, 1991, the total bond shall not be less than $25,000.4\n\nFor any other coal mining operation entering the Fund on or after July 1, 1991, and for any additional acreage bonded after such date, the amount of $3,000 per acre. In no event shall the total bond for such operation entering the Fund on or after July 1, 1991, be less than $100,000.C\n\nAll fees and payments provided in this article shall be in addition to initial permit application and anniversary payments provided pursuant to &#xA7; 45.2-1010 or any other payments required in compliance with this chapter.D\n\nEach Fund participant shall be allowed to post incremental bonds as set forth in &#xA7; 45.2-1016. Such bonds shall be posted in annual increments according to a schedule contained in the permit application and approved annually by the Director on the anniversary date.E\n\nAny mining operation participating in the Fund that has been in temporary cessation for more than six months as of July 1, 1991, shall within 90 days of that date post bond equal to the total estimated cost of reclamation for all portions of the permitted site that are in temporary cessation. Any mining operation participating in the Fund that has been in temporary cessation for six months or less as of July 1, 1991, shall within 90 days after the date on which the operation has been in temporary cessation for more than six months post bond equal to the total estimated cost of reclamation for all portions of the permitted site that are in temporary cessation. Any mining operation participating in the Fund that enters temporary cessation on or after July 1, 1991, shall, prior to the date on which the operation has been in temporary cessation for more than six months, post bond equal to the total estimated cost of reclamation for all portions of the permitted site that are in temporary cessation. Such bond shall remain in effect throughout the remainder of the period during which the site is in temporary cessation. At such time as the site returns to active status, the bond posted under this subsection may be released if the permittee has posted bond pursuant to subsection B.","order_by":null,"text":{"0":{"id":295229,"text":"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 if the Director has determined that the total balance of the Fund is less than $1.75 million. The entrance fee shall be reduced to $1,000 when the total Fund balance is greater than $2 million. A renewal fee of $1,000 shall be required of each permittee in the Fund at permit renewal.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":295230,"text":"For the purposes of this section, all planned expenditures shall be deducted from the balance of the Fund during each calendar quarter, including any forfeiture on which engineering cost estimates have been prepared but no money from the Fund has actually been expended.","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":295231,"text":"If the actual expenditures from the Fund are less than the engineering cost estimate, the difference shall be credited to the balance of the Fund during the calendar quarter in which the final expenditure is made from the Fund to accomplish the reclamation.","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"B"},"3":{"id":295232,"text":"In addition to the initial payments into the Fund described in subsection A, every operator who participates in the Fund shall furnish to the Fund a bond that meets the criteria of \u00a7 45.2-1016 and regulations issued pursuant thereto as follows:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A2","next_prefix":"B1"},"4":{"id":295233,"text":"For an underground mining operation participating in the Fund prior to July 1, 1991, the amount of $1,000 per acre covered by each permit. In no event shall such total bond be less than $40,000, except that on a permit that has completed all mining and for which a completion report was approved prior to July 1, 1991, the total bond shall not be less than $10,000.","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"5":{"id":295234,"text":"For an underground mining operation entering the Fund on or after July 1, 1991, and for any additional acreage bonded after such date, the amount of $3,000 per acre. In no event shall the total bond for such underground operation entering the Fund on or after July 1, 1991, be less than $40,000.","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"6":{"id":295235,"text":"For any other coal mining operation participating in the Fund prior to July 1, 1991, the amount of $1,500 per acre covered by each permit. In no event shall such total bond be less than $100,000, except that on a permit that has completed all mining and for which a completion report was approved prior to July 1, 1991, the total bond shall not be less than $25,000.","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"B4"},"7":{"id":295236,"text":"For any other coal mining operation entering the Fund on or after July 1, 1991, and for any additional acreage bonded after such date, the amount of $3,000 per acre. In no event shall the total bond for such operation entering the Fund on or after July 1, 1991, be less than $100,000.","type":"section","prefixes":["B","4"],"prefix":"4","entire_prefix":"B4","prefix_anchor":"B4","level":2,"prior_prefix":"B3","next_prefix":"C"},"8":{"id":295237,"text":"All fees and payments provided in this article shall be in addition to initial permit application and anniversary payments provided pursuant to &#xA7; 45.2-1010 or any other payments required in compliance with this chapter.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B4","next_prefix":"D"},"9":{"id":295238,"text":"Each Fund participant shall be allowed to post incremental bonds as set forth in &#xA7; 45.2-1016. Such bonds shall be posted in annual increments according to a schedule contained in the permit application and approved annually by the Director on the anniversary date.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"10":{"id":295239,"text":"Any mining operation participating in the Fund that has been in temporary cessation for more than six months as of July 1, 1991, shall within 90 days of that date post bond equal to the total estimated cost of reclamation for all portions of the permitted site that are in temporary cessation. Any mining operation participating in the Fund that has been in temporary cessation for six months or less as of July 1, 1991, shall within 90 days after the date on which the operation has been in temporary cessation for more than six months post bond equal to the total estimated cost of reclamation for all portions of the permitted site that are in temporary cessation. Any mining operation participating in the Fund that enters temporary cessation on or after July 1, 1991, shall, prior to the date on which the operation has been in temporary cessation for more than six months, post bond equal to the total estimated cost of reclamation for all portions of the permitted site that are in temporary cessation. Such bond shall remain in effect throughout the remainder of the period during which the site is in temporary cessation. At such time as the site returns to active status, the bond posted under this subsection may be released if the permittee has posted bond pursuant to subsection B.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"ancestry":[{"id":15901,"edition_id":1,"name":"Coal Surface Mining Reclamation Fund","identifier":"5","label":"article","depth":5,"order_by":1,"parent_id":13540,"metadata":{},"date_created":"2026-06-26 04:01:31","date_modified":"2026-06-26 04:01:31","permalink":{"id":223883,"object_type":"structure","relational_id":15901,"identifier":"5","token":"45.2\/II\/C\/10\/5","url":"\/45.2\/II\/C\/10\/5\/","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":61635,"structure_id":15901,"section_number":"45.2-1043","catch_line":" Coal Surface Mining Reclamation Fund","url":"\/45.2-1043\/","token":"45.2\/II\/C\/10\/5\/45.2-1043","metadata":false},{"id":74085,"structure_id":15901,"section_number":"45.2-1044","catch_line":" Participation in Fund","url":"\/45.2-1044\/","token":"45.2\/II\/C\/10\/5\/45.2-1044","metadata":false},{"id":82398,"structure_id":15901,"section_number":"45.2-1045","catch_line":" Initial payments into Fund; renewal payments; bonds","url":"\/45.2-1045\/","token":"45.2\/II\/C\/10\/5\/45.2-1045","metadata":false},{"id":79771,"structure_id":15901,"section_number":"45.2-1046","catch_line":" Assessment of reclamation tax revenues for Fund","url":"\/45.2-1046\/","token":"45.2\/II\/C\/10\/5\/45.2-1046","metadata":false},{"id":86685,"structure_id":15901,"section_number":"45.2-1047","catch_line":" Special assessment","url":"\/45.2-1047\/","token":"45.2\/II\/C\/10\/5\/45.2-1047","metadata":false},{"id":78271,"structure_id":15901,"section_number":"45.2-1048","catch_line":" Collection of reclamation tax and penalties for nonpayment","url":"\/45.2-1048\/","token":"45.2\/II\/C\/10\/5\/45.2-1048","metadata":false},{"id":82572,"structure_id":15901,"section_number":"45.2-1049","catch_line":" Forfeiture of bonds on operations participating in the Fund; alternative remedies","url":"\/45.2-1049\/","token":"45.2\/II\/C\/10\/5\/45.2-1049","metadata":false},{"id":65989,"structure_id":15901,"section_number":"45.2-1050","catch_line":" Reinstatement to the Fund; recovery of Fund expenditures","url":"\/45.2-1050\/","token":"45.2\/II\/C\/10\/5\/45.2-1050","metadata":false},{"id":87112,"structure_id":15901,"section_number":"45.2-1051","catch_line":" Coal Surface Mining Reclamation Fund Advisory Board","url":"\/45.2-1051\/","token":"45.2\/II\/C\/10\/5\/45.2-1051","metadata":false}],"previous_section":{"id":74085,"structure_id":15901,"section_number":"45.2-1044","catch_line":" Participation in Fund","url":"\/45.2-1044\/","token":"45.2\/II\/C\/10\/5\/45.2-1044","metadata":false},"next_section":{"id":79771,"structure_id":15901,"section_number":"45.2-1046","catch_line":" Assessment of reclamation tax revenues for Fund","url":"\/45.2-1046\/","token":"45.2\/II\/C\/10\/5\/45.2-1046","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/45.2-1045\/","history_text":"<p>This law was first created in 1982. The record of its establishment is cataloged in chapter 334 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 1982 \u201cActs\u201d aren\u2019t available online. It has been modified 4 times. 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. Those modifications are as follows: in 1983, chapter 131; in 1989, chapter 432; in 1991, chapter 495; in 2014, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?141+ful+CHAP0111\">111<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?141+ful+CHAP0135\">135<\/a>.<\/p>","references":false,"refers_to":[{"id":63876,"section_number":"45.2-1010","catch_line":" Form and contents of permit application; fee","order_by":null,"url":"\/45.2-1010\/"},{"id":64109,"section_number":"45.2-1016","catch_line":" Performance bonds","order_by":null,"url":"\/45.2-1016\/"}],"permalink":{"id":223893,"object_type":"law","relational_id":82398,"identifier":"45.2-1045","token":"45.2\/II\/C\/10\/5\/45.2-1045","url":"\/45.2-1045\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/45.2-1045\/","token":"45.2\/II\/C\/10\/5\/45.2-1045","dublin_core":{"Title":" Initial payments into Fund; renewal payments; bonds","Type":"Text","Format":"text\/html","Identifier":"\u00a7 45.2-1045","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> Any <span class=\"dictionary\">operator<\/span> filing a <span class=\"dictionary\">permit<\/span> 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 <span class=\"dictionary\">permit<\/span> application. An entrance fee of $5,000 shall be required of each <span class=\"dictionary\">operator<\/span> who elects to participate in the Fund if the <span class=\"dictionary\">Director<\/span> has determined that the total balance of the Fund is less than $1.75 million. The entrance fee shall be reduced to $1,000 when the total Fund balance is greater than $2 million. A renewal fee of $1,000 shall be required of each <span class=\"dictionary\">permittee<\/span> in the Fund at <span class=\"dictionary\">permit<\/span> renewal. <a id=\"paragraph-295229\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/45.2-1045\/#A\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"A1\" class=\"indent-1\"><p><span class=\"prefix-number\">1.<\/span> For the purposes of this section, all planned expenditures shall be deducted from the balance of the Fund during each calendar quarter, including any forfeiture on which engineering cost estimates have been prepared but no money from the Fund has actually been expended. <a id=\"paragraph-295230\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/45.2-1045\/#A1\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"A2\" class=\"indent-1\"><p><span class=\"prefix-number\">2.<\/span> If the actual expenditures from the Fund are less than the engineering cost estimate, the difference shall be credited to the balance of the Fund during the calendar quarter in which the final expenditure is made from the Fund to accomplish the reclamation. <a id=\"paragraph-295231\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/45.2-1045\/#A2\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B\"><p><span class=\"prefix-number\">B.<\/span> In addition to the initial payments into the Fund described in subsection A, every <span class=\"dictionary\">operator<\/span> who participates in the Fund shall furnish to the Fund a <span class=\"dictionary\">bond<\/span> that meets the criteria of \u00a7&nbsp;<a class=\"law\" title=\" Performance bonds\" href=\"\/45.2-1016\/\">45.2-1016<\/a> and regulations issued pursuant thereto as follows: <a id=\"paragraph-295232\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/45.2-1045\/#B\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B1\" class=\"indent-1\"><p><span class=\"prefix-number\">1.<\/span> For an underground mining operation participating in the Fund prior to July 1, 1991, the amount of $1,000 per acre covered by each <span class=\"dictionary\">permit<\/span>. In no event shall such total <span class=\"dictionary\">bond<\/span> be less than $40,000, except that on a <span class=\"dictionary\">permit<\/span> that has completed all mining and for which a completion report was approved prior to July 1, 1991, the total <span class=\"dictionary\">bond<\/span> shall not be less than $10,000. <a id=\"paragraph-295233\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/45.2-1045\/#B1\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B2\" class=\"indent-1\"><p><span class=\"prefix-number\">2.<\/span> For an underground mining operation entering the Fund on or after July 1, 1991, and for any additional acreage bonded after such date, the amount of $3,000 per acre. In no event shall the total <span class=\"dictionary\">bond<\/span> for such underground operation entering the Fund on or after July 1, 1991, be less than $40,000. <a id=\"paragraph-295234\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/45.2-1045\/#B2\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B3\" class=\"indent-1\"><p><span class=\"prefix-number\">3.<\/span> For any other coal mining operation participating in the Fund prior to July 1, 1991, the amount of $1,500 per acre covered by each <span class=\"dictionary\">permit<\/span>. In no event shall such total <span class=\"dictionary\">bond<\/span> be less than $100,000, except that on a <span class=\"dictionary\">permit<\/span> that has completed all mining and for which a completion report was approved prior to July 1, 1991, the total <span class=\"dictionary\">bond<\/span> shall not be less than $25,000. <a id=\"paragraph-295235\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/45.2-1045\/#B3\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B4\" class=\"indent-1\"><p><span class=\"prefix-number\">4.<\/span> For any other coal mining operation entering the Fund on or after July 1, 1991, and for any additional acreage bonded after such date, the amount of $3,000 per acre. In no event shall the total <span class=\"dictionary\">bond<\/span> for such operation entering the Fund on or after July 1, 1991, be less than $100,000. <a id=\"paragraph-295236\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/45.2-1045\/#B4\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C\"><p><span class=\"prefix-number\">C.<\/span> All fees and payments provided in this article shall be in addition to initial <span class=\"dictionary\">permit<\/span> application and anniversary payments provided pursuant to &#xA7; <a class=\"law\" title=\" Form and contents of permit application; fee\" href=\"\/45.2-1010\/\">45.2-1010<\/a> or any other payments required in compliance with this chapter. <a id=\"paragraph-295237\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/45.2-1045\/#C\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"D\"><p><span class=\"prefix-number\">D.<\/span> Each Fund participant shall be allowed to post incremental <span class=\"dictionary\">bonds<\/span> as set forth in &#xA7; <a class=\"law\" title=\" Performance bonds\" href=\"\/45.2-1016\/\">45.2-1016<\/a>. Such <span class=\"dictionary\">bonds<\/span> shall be posted in annual increments according to a schedule contained in the <span class=\"dictionary\">permit<\/span> application and approved annually by the <span class=\"dictionary\">Director<\/span> on the anniversary date. <a id=\"paragraph-295238\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/45.2-1045\/#D\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"E\"><p><span class=\"prefix-number\">E.<\/span> Any mining operation participating in the Fund that has been in temporary cessation for more than six months as of July 1, 1991, shall within 90 days of that date post <span class=\"dictionary\">bond<\/span> equal to the total estimated cost of reclamation for all portions of the permitted site that are in temporary cessation. Any mining operation participating in the Fund that has been in temporary cessation for six months or less as of July 1, 1991, shall within 90 days after the date on which the operation has been in temporary cessation for more than six months post <span class=\"dictionary\">bond<\/span> equal to the total estimated cost of reclamation for all portions of the permitted site that are in temporary cessation. Any mining operation participating in the Fund that enters temporary cessation on or after July 1, 1991, shall, prior to the date on which the operation has been in temporary cessation for more than six months, post <span class=\"dictionary\">bond<\/span> equal to the total estimated cost of reclamation for all portions of the permitted site that are in temporary cessation. Such <span class=\"dictionary\">bond<\/span> shall remain in effect throughout the remainder of the period during which the site is in temporary cessation. At such time as the site returns to active status, the <span class=\"dictionary\">bond<\/span> posted under this subsection may be released if the <span class=\"dictionary\">permittee<\/span> has posted <span class=\"dictionary\">bond<\/span> pursuant to subsection B. <a id=\"paragraph-295239\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/45.2-1045\/#E\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\n INITIAL PAYMENTS INTO FUND; RENEWAL PAYMENTS; BONDS (\u00a7 45.2-1045)\n\nA. Any operator filing a permit application for a coal surface mining operation\nparticipating in the pool fund shall pay into the Fund, as an entrance fee, a\nsum equal to $1,000 for each applicable permit application. An entrance fee of\n$5,000 shall be required of each operator who elects to participate in the Fund\nif the Director has determined that the total balance of the Fund is less than\n$1.75 million. The entrance fee shall be reduced to $1,000 when the total Fund\nbalance is greater than $2 million. A renewal fee of $1,000 shall be required of\neach permittee in the Fund at permit renewal.\n\n   1. For the purposes of this section, all planned expenditures shall be\n   deducted from the balance of the Fund during each calendar quarter, including\n   any forfeiture on which engineering cost estimates have been prepared but no\n   money from the Fund has actually been expended.\n\n   2. If the actual expenditures from the Fund are less than the engineering cost\n   estimate, the difference shall be credited to the balance of the Fund during\n   the calendar quarter in which the final expenditure is made from the Fund to\n   accomplish the reclamation.\n\nB. In addition to the initial payments into the Fund described in subsection A,\nevery operator who participates in the Fund shall furnish to the Fund a bond\nthat meets the criteria of \u00a7 45.2-1016 and regulations issued pursuant thereto\nas follows:\n\n   1. For an underground mining operation participating in the Fund prior to July\n   1, 1991, the amount of $1,000 per acre covered by each permit. In no event\n   shall such total bond be less than $40,000, except that on a permit that has\n   completed all mining and for which a completion report was approved prior to\n   July 1, 1991, the total bond shall not be less than $10,000.\n\n   2. For an underground mining operation entering the Fund on or after July 1,\n   1991, and for any additional acreage bonded after such date, the amount of\n   $3,000 per acre. In no event shall the total bond for such underground\n   operation entering the Fund on or after July 1, 1991, be less than $40,000.\n\n   3. For any other coal mining operation participating in the Fund prior to July\n   1, 1991, the amount of $1,500 per acre covered by each permit. In no event\n   shall such total bond be less than $100,000, except that on a permit that has\n   completed all mining and for which a completion report was approved prior to\n   July 1, 1991, the total bond shall not be less than $25,000.\n\n   4. For any other coal mining operation entering the Fund on or after July 1,\n   1991, and for any additional acreage bonded after such date, the amount of\n   $3,000 per acre. In no event shall the total bond for such operation entering\n   the Fund on or after July 1, 1991, be less than $100,000.\n\nC. All fees and payments provided in this article shall be in addition to\ninitial permit application and anniversary payments provided pursuant to &#xA7;\n45.2-1010 or any other payments required in compliance with this chapter.\n\nD. Each Fund participant shall be allowed to post incremental bonds as set forth\nin &#xA7; 45.2-1016. Such bonds shall be posted in annual increments according\nto a schedule contained in the permit application and approved annually by the\nDirector on the anniversary date.\n\nE. Any mining operation participating in the Fund that has been in temporary\ncessation for more than six months as of July 1, 1991, shall within 90 days of\nthat date post bond equal to the total estimated cost of reclamation for all\nportions of the permitted site that are in temporary cessation. Any mining\noperation participating in the Fund that has been in temporary cessation for six\nmonths or less as of July 1, 1991, shall within 90 days after the date on which\nthe operation has been in temporary cessation for more than six months post bond\nequal to the total estimated cost of reclamation for all portions of the\npermitted site that are in temporary cessation. Any mining operation\nparticipating in the Fund that enters temporary cessation on or after July 1,\n1991, shall, prior to the date on which the operation has been in temporary\ncessation for more than six months, post bond equal to the total estimated cost\nof reclamation for all portions of the permitted site that are in temporary\ncessation. Such bond shall remain in effect throughout the remainder of the\nperiod during which the site is in temporary cessation. At such time as the site\nreturns to active status, the bond posted under this subsection may be released\nif the permittee has posted bond pursuant to subsection B.\n\nHISTORY: 1982, c. 334, \u00a7 45.1-270.3; 1983, c. 131; 1989, c. 432; 1991, c. 495;\n2014, cc. 111, 135; 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}}