                                 CODE OF VIRGINIA

 FORFEITURE OF BONDS ON OPERATIONS PARTICIPATING IN THE FUND; ALTERNATIVE
REMEDIES (§ 45.2-1049)

A. Forfeiture of bonds of an operation participating in the Fund shall be
accomplished as set forth in &#xA7; 45.2-1023 and the regulations adopted by the
Director.

B. In addition to forfeiture, the Director may proceed against the permittee of
a surface coal mining operation under the provisions of subsection F of &#xA7;
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. 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.

HISTORY: 1987, c. 468, § 45.1-270.5:1; 2021, Sp. Sess. I, c. 387.