                                 CODE OF VIRGINIA

 FORFEITURE OR RELEASE OF PERFORMANCE BOND (§ 45.2-1023)

A. 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.

B. 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.

C. 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 &#xA7; 45.2-1014, to resolve written objections.

D. 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.

HISTORY: 1979, c. 290, § 45.1-247; 1984, c. 590; 2021, Sp. Sess. I, c. 387.