{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/45.2-1050.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/45.2-1050.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/45.2-1050.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/45.2-1050.html"}],"law_id":65989,"edition_id":1,"section_id":65989,"structure_id":15901,"section_number":"45.2-1050","catch_line":" Reinstatement to the Fund; recovery of Fund expenditures","history":"1982, c. 334, \u00a7 45.1-270.6; 1987, c. 468; 2021, Sp. Sess. I, c. 387.","full_text":"A\n\nAn 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 permit application under this chapter but shall not affect the operator’s obligation to comply with all other requirements of this chapter in applying for a permit.B\n\nThe Director may file a motion for judgment in any court of competent jurisdiction against the permittee to recover all moneys expended by the Fund to accomplish a reclamation. Such expenditures shall include construction costs, engineering costs, administrative costs, and legal costs. In any action to recover such costs, the defendant shall not relitigate the facts giving rise to the forfeiture or defend by claiming the forfeiture was improper.","order_by":null,"text":{"0":{"id":239778,"text":"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 permit application under this chapter but shall not affect the operator’s obligation to comply with all other requirements of this chapter in applying for a permit.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":239779,"text":"The Director may file a motion for judgment in any court of competent jurisdiction against the permittee to recover all moneys expended by the Fund to accomplish a reclamation. Such expenditures shall include construction costs, engineering costs, administrative costs, and legal costs. In any action to recover such costs, the defendant shall not relitigate the facts giving rise to the forfeiture or defend by claiming the forfeiture was improper.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/45.2-1050\/","history_text":"

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 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 1987, chapter 468.<\/p>","references":false,"refers_to":false,"permalink":{"id":223913,"object_type":"law","relational_id":65989,"identifier":"45.2-1050","token":"45.2\/II\/C\/10\/5\/45.2-1050","url":"\/45.2-1050\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/45.2-1050\/","token":"45.2\/II\/C\/10\/5\/45.2-1050","dublin_core":{"Title":" Reinstatement to the Fund; recovery of Fund expenditures","Type":"Text","Format":"text\/html","Identifier":"\u00a7 45.2-1050","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> An operator<\/span> 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<\/span> for such default<\/span> has been made. Compliance with this requirement shall be a prerequisite to the filing by the operator<\/span> of any new permit<\/span> application under this chapter but shall not affect the operator<\/span>’s obligation to comply with all other requirements of this chapter in applying for a permit<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The Director<\/span> may file a motion for judgment<\/span> in any court<\/span> of competent jurisdiction<\/span> against the permittee<\/span> to recover all moneys expended by the Fund to accomplish a reclamation. Such expenditures shall include construction costs, engineering costs, administrative costs, and legal costs. In any action to recover such costs, the defendant<\/span> shall not relitigate the facts<\/span> giving rise to the forfeiture or defend by claiming the forfeiture was improper. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\n REINSTATEMENT TO THE FUND; RECOVERY OF FUND EXPENDITURES (\u00a7 45.2-1050)\n\nA. An operator who has defaulted on any reclamation obligation and has thereby\ncaused the Fund to incur reclamation expenses shall not be eligible to\nparticipate in the Fund thereafter until restitution for such default has been\nmade. Compliance with this requirement shall be a prerequisite to the filing by\nthe operator of any new permit application under this chapter but shall not\naffect the operator’s obligation to comply with all other requirements of\nthis chapter in applying for a permit.\n\nB. The Director may file a motion for judgment in any court of competent\njurisdiction against the permittee to recover all moneys expended by the Fund to\naccomplish a reclamation. Such expenditures shall include construction costs,\nengineering costs, administrative costs, and legal costs. In any action to\nrecover such costs, the defendant shall not relitigate the facts giving rise to\nthe forfeiture or defend by claiming the forfeiture was improper.\n\nHISTORY: 1982, c. 334, \u00a7 45.1-270.6; 1987, c. 468; 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}}