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Virginia Administrative Code
Title 4. Conservation And Natural Resources
Agency 25. Department of Energy
Chapter 145. Regulations on the Eligibility of Certain Mining Operators to Perform Reclamation Projects
11/23/2024

4VAC25-145-10. Definitions.

"Department" means the Department of Energy.

"Director" means the Director of the Department of Energy.

"Division" means the Division of Mined Land Repurposing.

"Net worth" means total assets less total liabilities including funds pledged or otherwise obligated to the Commonwealth or other in effect at any time during the contract period and any other contingent liabilities that might materially affect the Commonwealth's ability to realize the amount of bond required in the event of forfeiture.

"Operator" means any person engaging in coal surface mining operations whether or not such coal is sold within or without the Commonwealth.

"Reclamation project" means any work contracted out by or on behalf of the division for reclamation of eligible lands and waters, and defined in § 45.2-1034 of the Code of Virginia and funded by the Federal Office of Surface Mining or reclamation of mined lands where the operator who mined the land has had his bond covering the land forfeited to the division or otherwise defaulted on his reclamation obligation and the project is funded either by the forfeited bond or the Virginia Coal Surface Mining Reclamation Fund.

"Relevant mining experience" means at least three years of satisfactory mining and reclamation work in the Commonwealth under Chapter 10 (§ 45.2-1000 et seq.) of Title 45.2 of the Code of Virginia. The operator shall have active reclamation work experience for two of the three years.

"State reclamation program" means Articles 4 and 5 of Chapter 10 (§ 45.2-1000 et seq.) of Title 45.2 of the Code of Virginia, as well as reclamation done by or for the Commonwealth and funded by the forfeited bond of an operator.

Statutory Authority

§ 45.2-103 of the Code of Virginia.

Historical Notes

Derived from VR 480-03-20 § 1, eff. March 16, 1984; amended, Virginia Register Volume 28, Issue 20, eff. July 19, 2012; Volume 38, Issue 13, eff. March 31, 2022.

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