{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/45.2-1049.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/45.2-1049.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/45.2-1049.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/45.2-1049.html"}],"law_id":82572,"edition_id":1,"section_id":82572,"structure_id":15901,"section_number":"45.2-1049","catch_line":" Forfeiture of bonds on operations participating in the Fund; alternative remedies","history":"1987, c. 468, \u00a7 45.1-270.5:1; 2021, Sp. Sess. I, c. 387.","full_text":"A\n\nForfeiture 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\n\nIn 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 filing a civil action for injunctive or other relief in any court of competent jurisdiction to compel the permittee to perform the reclamation work in full compliance with this chapter, the regulations, and approved permit plans. Any injunctive relief shall be granted without the necessity of pleading or proving inadequate remedy at law or irreparable harm, and no bond shall be required.C\n\nProceedings under either subsection A or B shall not constitute a waiver by the Director to proceed under the other subsection, nor shall the commencement of action under one subsection constitute an election to proceed solely under that subsection.","order_by":null,"text":{"0":{"id":295844,"text":"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.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":295845,"text":"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 filing a civil action for injunctive or other relief in any court of competent jurisdiction to compel the permittee to perform the reclamation work in full compliance with this chapter, the regulations, and approved permit plans. Any injunctive relief shall be granted without the necessity of pleading or proving inadequate remedy at law or irreparable harm, and no bond shall be required.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":295846,"text":"Proceedings under either subsection A or B shall not constitute a waiver by the Director to proceed under the other subsection, nor shall the commencement of action under one subsection constitute an election to proceed solely under that subsection.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/45.2-1049\/","history_text":"

This law was first created in 1987. The record of its establishment is cataloged in chapter 468 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 1987 \u201cActs\u201d aren\u2019t available online.<\/p>","references":false,"refers_to":[{"id":54505,"section_number":"45.2-1020","catch_line":" Enforcement of chapter generally","order_by":null,"url":"\/45.2-1020\/"},{"id":61906,"section_number":"45.2-1023","catch_line":" Forfeiture or release of performance bond","order_by":null,"url":"\/45.2-1023\/"}],"permalink":{"id":223909,"object_type":"law","relational_id":82572,"identifier":"45.2-1049","token":"45.2\/II\/C\/10\/5\/45.2-1049","url":"\/45.2-1049\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/45.2-1049\/","token":"45.2\/II\/C\/10\/5\/45.2-1049","dublin_core":{"Title":" Forfeiture of bonds on operations participating in the Fund; alternative remedies","Type":"Text","Format":"text\/html","Identifier":"\u00a7 45.2-1049","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Forfeiture of bonds<\/span> of an operation participating in the Fund shall be accomplished as set forth in § 45.2-1023<\/a> and the regulations adopted by the Director<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> In addition to forfeiture, the Director<\/span> may proceed against the permittee<\/span> of a surface coal mining operation under the provisions of subsection F of § 45.2-1020<\/a> by filing a civil action<\/span> for injunctive or other relief in any court<\/span> of competent jurisdiction<\/span> to compel the permittee<\/span> to perform the reclamation work in full compliance with this chapter, the regulations, and approved permit<\/span> plans. Any injunctive relief shall be granted without the necessity of pleading or proving inadequate remedy at law<\/span> or irreparable harm, and no bond<\/span> shall be required. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Proceedings under either subsection A or B shall not constitute a waiver<\/span> by the Director<\/span> to proceed under the other subsection, nor shall the commencement of action under one subsection constitute an election to proceed solely under that subsection. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\n FORFEITURE OF BONDS ON OPERATIONS PARTICIPATING IN THE FUND; ALTERNATIVE\nREMEDIES (\u00a7 45.2-1049)\n\nA. Forfeiture of bonds of an operation participating in the Fund shall be\naccomplished as set forth in § 45.2-1023 and the regulations adopted by the\nDirector.\n\nB. In addition to forfeiture, the Director may proceed against the permittee of\na surface coal mining operation under the provisions of subsection F of §\n45.2-1020 by filing a civil action for injunctive or other relief in any court\nof competent jurisdiction to compel the permittee to perform the reclamation\nwork in full compliance with this chapter, the regulations, and approved permit\nplans. Any injunctive relief shall be granted without the necessity of pleading\nor proving inadequate remedy at law or irreparable harm, and no bond shall be\nrequired.\n\nC. Proceedings under either subsection A or B shall not constitute a waiver by\nthe Director to proceed under the other subsection, nor shall the commencement\nof action under one subsection constitute an election to proceed solely under\nthat subsection.\n\nHISTORY: 1987, c. 468, \u00a7 45.1-270.5:1; 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}}