                                 CODE OF VIRGINIA

 REINSTATEMENT TO THE FUND; RECOVERY OF FUND EXPENDITURES (§ 45.2-1050)

A. 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&#8217;s obligation to comply with all other requirements of
this chapter in applying for a permit.

B. 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.

HISTORY: 1982, c. 334, § 45.1-270.6; 1987, c. 468; 2021, Sp. Sess. I, c. 387.