Code of Virginia

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Code of Virginia
Title 45.1. Mines and Mining
Chapter 16. Permits for Certain Mining Operations; Reclamation of Land
6/26/2022

Article 4. Minerals Reclamation Fund.

§ 45.1-197.8. (Repealed effective October 1, 2021) Creation of Fund.

There is hereby created in the state treasury a special nonreverting fund to be known as the Minerals Reclamation Fund, referred to in this section as "the Fund." The Fund shall be established on the books of the Comptroller. All payments made by operators in accordance with the provisions of this article shall be paid into the state treasury and credited to the Fund. Interest earned on moneys in the Fund shall remain in the Fund and be credited to it. Any moneys remaining in the Fund, including interest thereon, at the end of each fiscal year shall not revert to the general fund but shall remain in the Fund. Moneys in the Fund shall be used solely for the reclamation of mining operations pursuant to § 45.1-197.12. Expenditures and disbursements from the Fund shall be made by the State Treasurer on warrants issued by the Comptroller upon written request signed by the Director.

1978, c. 634; 2017, c. 4.

§ 45.1-197.9. (Repealed effective October 1, 2021) Membership in Fund; payments required.

Each operator who has had five years of satisfactory operation in the Commonwealth under Chapter 16 (§ 45.1-180 et seq.) of this title shall become a member of the Fund by making an initial payment to the Fund of fifty dollars for each acre estimated to be affected by mining operations during the next ensuing year. Thereafter, the member shall, within ten days following the anniversary date of each permit issued to the member, make a payment to the Fund of twelve dollars and fifty cents for each acre estimated to be affected by mining operations during the next ensuing year. Such payments shall continue to be made until the member has paid into the Fund a total of $500 for each acre, estimated to be affected under the permits issued to the member.

1978, c. 634.

§ 45.1-197.10. (Repealed effective October 1, 2021) Release of bonds and other securities.

All bonds and other securities issued pursuant to § 45.1-183 or 45.1-185 shall be released upon acceptance in the Fund and payment of required fees.

1978, c. 634; 2017, c. 4.

§ 45.1-197.11. (Repealed effective October 1, 2021) Return of member payments.

Subject to the provisions of § 45.1-197.14, the Director shall return from the Fund to the member, the payments which the member has paid previously to the Fund, when the Director has determined that the member has completed satisfactory reclamation, in accordance with § 45.1-185. The payments returned shall be only those payments which the member has made for the acres which have been satisfactorily reclaimed. In lieu of a return, the member may request the Director to retain the payments in the Fund as payments for additional acres to be disturbed by the member's operations.

1978, c. 634.

§ 45.1-197.12. (Repealed effective October 1, 2021) Revocation of permits; reclamation work.

If a permit which has been issued to a member is revoked pursuant to § 45.1-186.1, then the payments which the member has made to the Fund, with respect to the permit so revoked, shall be forfeited to the Fund. The Director shall use the payments so forfeited or as much thereof as shall be necessary, for the reclamation of the mining operation to which the permit had applied. In the event that the cost of reclamation exceeds the amount of the forfeited payments, the Director shall also use the proceeds from the member's bond or other security also forfeited in conjunction with the revocation of the permit, in accordance with § 45.1-186.1, except that if all members' bonds and other securities have been released pursuant to § 45.1-197.10 then the Director shall draw upon the Fund for the entire cost of reclamation.

1978, c. 634.

§ 45.1-197.13. (Repealed effective October 1, 2021) Collection of debt where cost of reclamation exceeds member's forfeited payments, etc.

The amount by which the cost of reclamation exceeds the amount of a member's forfeited payments and, if any, the member's bond or other security also forfeited, shall constitute a debt of the member to the Commonwealth of Virginia. The Director is authorized to collect such debts together with the cost of collection, through appropriate legal action, or by declaring the forfeiture of other payments made by the member to the Fund. Moneys collected through legal action, less the costs of collection, shall be deposited in the Fund.

1978, c. 634.

§ 45.1-197.14. (Repealed effective October 1, 2021) Decreases in size of Fund.

Whenever the size of the Fund decreases to less than $2 million, the Director shall suspend the return of payments pursuant to § 45.1-197.11 and shall assess all members an equal amount for each affected acre, for a total amount sufficient to raise the Fund to $2 million. In lieu of such an assessment, all members shall at the request of the Director post bonds or other securities, within six months after the Director so notifies the members. Failure to post bond or other surety or to pay the required assessment shall result in the revocation of the permit of the member and the forfeiture of the member's payments in accordance with § 45.1-197.12.

1978, c. 634; 2017, c. 4.

§ 45.1-197.15. (Repealed effective October 1, 2021) Order of return of payments.

The return of payments to members shall be in the order in which the Director approves the completion of reclamation pursuant to § 45.1-185.

1978, c. 634.

§ 45.1-197.16. (Repealed effective October 1, 2021) Discontinuance of Fund.

In the event of the discontinuance of the Fund, any amounts remaining in the Fund shall be returned to the members in proportion to the amount that each member has paid.

1978, c. 634.

§ 45.1-197.17. (Repealed effective October 1, 2021) Construction of article; Fund used solely for reclamation.

Nothing in this article shall be construed as vesting in any member any right, title or interest in the Fund, or the disposition thereof. The Fund shall be used solely for reclamation of land pursuant to this chapter.

1978, c. 634.

§ 45.1-197.18. (Repealed effective October 1, 2021) Reclamation funding.

An amount equal to the average interest rate earned for all funds in the state treasury as applied to the Fund shall be paid annually to the Department to be used only for the reclamation of orphaned lands pursuant to Article 3 (§ 45.1-197.3 et seq.) and is hereby allocated for such purposes. Funds paid to the Department pursuant to this section shall not revert to the general fund.

1978, c. 634; 1984, c. 590; 2017, c. 4.