Virginia Law

(a) The division will release up to 50% of the amount of bond for the authorized pollution abatement area if the permittee demonstrates and the division finds that:

(1) The surface coal mining activities were conducted on the permit area, including the pollution abatement area, under the requirements of the permit and the authorization and this chapter, except as specifically modified by this Part.

(2) The permittee has satisfactorily completed backfilling, regrading, and drainage control under the approved reclamation plan.

(3) The permittee has properly implemented each step of the pollution abatement plan approved and authorized under this chapter.

(4) The permittee has not caused degradation of the baseline pollution load for a period of a minimum of six months prior to the submittal of the request for bond release under this Part and until the bond release is approved as shown by all ground and surface water monitoring conducted by the permittee under 4VAC25-130-825.11 or conducted by the division.

(5) The permittee has not caused or contributed to additional surface water pollution by reaffecting or mining the pollution abatement area.

(b) The division will release an additional amount not to exceed 35% of the amount of bond for the authorized pollution abatement area if the permittee demonstrates and the division finds that:

(1) The permittee has replaced the topsoil or topsoil substitute, completed final grading, planting and established revegetation under the approved reclamation plan.

(2) The permittee has not caused or contributed to additional surface water pollution by reaffecting or mining the pollution abatement area.

(3) The permittee has complied with either of the following:

(i) Achieved the actual improvement of the baseline pollution load described in the approved abatement plan and shown by all ground and surface water monitoring conducted by the permittee or the division for the period of time provided in the abatement plan after completion of backfilling, final grading, drainage control, topsoiling, and establishment of revegetation.

(ii) Achieved all of the following:

(A) At a minimum has not caused degradation of the baseline pollution load as shown by all ground and surface water monitoring conducted by the permittee or the division for a period of 12 months from the discontinuance of treatment under 4VAC25-130-825.12(d), if backfilling, final grading, drainage control, topsoiling, and establishment of revegetation have been completed.

(B) Conducted all measures provided in the approved abatement plan and additional measures specified by the division in writing at the time of initial bond release under Subsection (a) for the area requested for bond release.

(C) Caused aesthetic or other environmental improvements or the elimination of public health and safety problems by remining and reaffecting the pollution abatement area.

(D) Stabilized the pollution abatement area.

(c) The division will release the remaining portion of the amount of bond on the authorized pollution abatement area if the permittee demonstrates and the division finds that:

(1) The permittee has successfully completed all the approved abatement and reclamation plans, and the pollution abatement area is capable of supporting the postmining land use approved under 4VAC25-130-816.133 and 4VAC25-130-817.133.

(2) The permittee has complied with the requirements of the permit and the authorization, and this chapter, except as specifically modified by this Part.

(3) The permittee has not caused degradation of the baseline pollution load from the time of bond release under Subsection (b).

(4) The applicable liability period has expired under 4VAC25-130-800.13.

(5) If treatment has been initiated in accordance with 4VAC25-130-825.12(d) after bond release under Subsections (a) or (b) of this section, the permittee has not caused degradation of the baseline pollution load for a period of five years from the discontinuance of treatment under 4VAC25-130-825.12(c).