§ 45.1-270.3. Initial payments into Fund; renewal payments; bonds.
A. Operators filing permit applications for coal surface mining operationsparticipating in the pool fund shall be required to pay into the Fund, as anentrance fee, a sum equal to $1,000 for each applicable permit application.An entrance fee of $5,000 shall be required of all operators who elect toparticipate in the Fund when the Director has determined the total balance ofthe Fund is less than $1,750,000 pursuant to subsection B of § 45.1-270.4.The entrance fee shall be reduced to $1,000 when the total Fund balance isgreater than $2,000,000 pursuant to subsection C of § 45.1-270.4. A renewalfee of $1,000 shall be required of all permittees in the Fund at permitrenewal.
B. In addition to the initial payments into the Fund described in subsectionA of this section, all operators that participate in the Fund shall furnishto the Fund a bond which meets the criteria of § 45.1-241 and regulationsissued pursuant thereto as follows:
1. For those underground mining operations participating in the Fund prior toJuly 1, 1991, the amount of $1,000 per acre covered by each permit. In noevent shall such total bond be less than $40,000, except that on permitswhich have completed all mining and for which completion reports have beenapproved prior to July 1, 1991, the total bond shall not be less than $10,000.
2. For underground mining operations entering the Fund on or after July 1,1991, and for additional acreage bonded on or after July 1, 1991, the amountof $3,000 per acre. In no event shall the total bond for such undergroundoperations entering the Fund on or after July 1, 1991, be less than $40,000.
3. For other coal mining operations participating in the Fund prior to July1, 1991, the amount of $1,500 per acre covered by each permit. In no eventshall such total bond be less than $100,000, except that on permits whichhave completed all mining and for which completion reports have been approvedprior to July 1, 1991, the total bond shall not be less than $25,000.
4. For other coal mining operations entering the Fund on or after July 1,1991, and for additional acreage bonded on or after July 1, 1991, the amountof $3,000 per acre. In no event shall the total bond for such operationsentering the Fund on or after July 1, 1991, be less than $100,000.
C. 1. Notwithstanding the above, the Director may accept the bond of anoperator of an underground mining operation without separate surety asprovided in subsection C of § 45.1-241 and in any case upon a showing by suchoperator of a net worth, total assets minus total liabilities, certified byan independent certified public accountant equivalent to $1,000,000. Such networth figure shall thereafter during the existence of the permit be certifiedannually on the anniversary date of such permit by an independent certifiedpublic accountant.
2. The Director may accept the bond of an operator of a surface miningoperation or associated facility without separate surety as provided insubsection C of § 45.1-241 upon a showing by the operator of a suitable agentfor service of process, satisfactory continuous operation, financialsolvency, and submission of information and an indemnity agreement inaccordance with regulations implementing this section and the applicablefederal regulations.
D. All fees and payments provided in this article shall be in addition toinitial permit application and anniversary payments provided pursuant to §45.1-235 or any other payments required in compliance with this chapter.
E. Fund participants shall be allowed to post incremental bonds as set forthin § 45.1-241. Such bonds will be posted in annual increments according to aschedule contained in the permit application and approved annually by theDirector on the anniversary date.
F. Any mining operation participating in the Fund that has been in temporarycessation for more than six months as of July 1, 1991, shall within ninetydays of that date post bond equal to the total estimated cost of reclamationfor all portions of the permitted site which are in temporary cessation. Anymining operation participating in the Fund that has been in temporarycessation six months or less as of July 1, 1991, shall within ninety daysafter the date on which the operation has been in temporary cessation formore than six months post bond equal to the total estimated cost ofreclamation for all portions of the permitted site which are in temporarycessation. Any mining operation participating in the Fund that enterstemporary cessation on or after July 1, 1991, shall, prior to the date onwhich the operation has been in temporary cessation for more than six months,post bond equal to the total estimated cost of reclamation for all portionsof the permitted site which are in temporary cessation. Such bond shallremain in effect throughout the remainder of the period during which the siteis in temporary cessation. At such time as the site returns to activestatus, the bond posted under this subsection may be released, provided thepermittee has posted bond pursuant to subsection B of this section.
(1982, c. 334; 1983, c. 131; 1989, c. 432; 1991, c. 495.)
§ 45.1-270.3. Initial payments into Fund; renewal payments; bonds.
A. Operators filing permit applications for coal surface mining operationsparticipating in the pool fund shall be required to pay into the Fund, as anentrance fee, a sum equal to $1,000 for each applicable permit application.An entrance fee of $5,000 shall be required of all operators who elect toparticipate in the Fund when the Director has determined the total balance ofthe Fund is less than $1,750,000 pursuant to subsection B of § 45.1-270.4.The entrance fee shall be reduced to $1,000 when the total Fund balance isgreater than $2,000,000 pursuant to subsection C of § 45.1-270.4. A renewalfee of $1,000 shall be required of all permittees in the Fund at permitrenewal.
B. In addition to the initial payments into the Fund described in subsectionA of this section, all operators that participate in the Fund shall furnishto the Fund a bond which meets the criteria of § 45.1-241 and regulationsissued pursuant thereto as follows:
1. For those underground mining operations participating in the Fund prior toJuly 1, 1991, the amount of $1,000 per acre covered by each permit. In noevent shall such total bond be less than $40,000, except that on permitswhich have completed all mining and for which completion reports have beenapproved prior to July 1, 1991, the total bond shall not be less than $10,000.
2. For underground mining operations entering the Fund on or after July 1,1991, and for additional acreage bonded on or after July 1, 1991, the amountof $3,000 per acre. In no event shall the total bond for such undergroundoperations entering the Fund on or after July 1, 1991, be less than $40,000.
3. For other coal mining operations participating in the Fund prior to July1, 1991, the amount of $1,500 per acre covered by each permit. In no eventshall such total bond be less than $100,000, except that on permits whichhave completed all mining and for which completion reports have been approvedprior to July 1, 1991, the total bond shall not be less than $25,000.
4. For other coal mining operations entering the Fund on or after July 1,1991, and for additional acreage bonded on or after July 1, 1991, the amountof $3,000 per acre. In no event shall the total bond for such operationsentering the Fund on or after July 1, 1991, be less than $100,000.
C. 1. Notwithstanding the above, the Director may accept the bond of anoperator of an underground mining operation without separate surety asprovided in subsection C of § 45.1-241 and in any case upon a showing by suchoperator of a net worth, total assets minus total liabilities, certified byan independent certified public accountant equivalent to $1,000,000. Such networth figure shall thereafter during the existence of the permit be certifiedannually on the anniversary date of such permit by an independent certifiedpublic accountant.
2. The Director may accept the bond of an operator of a surface miningoperation or associated facility without separate surety as provided insubsection C of § 45.1-241 upon a showing by the operator of a suitable agentfor service of process, satisfactory continuous operation, financialsolvency, and submission of information and an indemnity agreement inaccordance with regulations implementing this section and the applicablefederal regulations.
D. All fees and payments provided in this article shall be in addition toinitial permit application and anniversary payments provided pursuant to §45.1-235 or any other payments required in compliance with this chapter.
E. Fund participants shall be allowed to post incremental bonds as set forthin § 45.1-241. Such bonds will be posted in annual increments according to aschedule contained in the permit application and approved annually by theDirector on the anniversary date.
F. Any mining operation participating in the Fund that has been in temporarycessation for more than six months as of July 1, 1991, shall within ninetydays of that date post bond equal to the total estimated cost of reclamationfor all portions of the permitted site which are in temporary cessation. Anymining operation participating in the Fund that has been in temporarycessation six months or less as of July 1, 1991, shall within ninety daysafter the date on which the operation has been in temporary cessation formore than six months post bond equal to the total estimated cost ofreclamation for all portions of the permitted site which are in temporarycessation. Any mining operation participating in the Fund that enterstemporary cessation on or after July 1, 1991, shall, prior to the date onwhich the operation has been in temporary cessation for more than six months,post bond equal to the total estimated cost of reclamation for all portionsof the permitted site which are in temporary cessation. Such bond shallremain in effect throughout the remainder of the period during which the siteis in temporary cessation. At such time as the site returns to activestatus, the bond posted under this subsection may be released, provided thepermittee has posted bond pursuant to subsection B of this section.
(1982, c. 334; 1983, c. 131; 1989, c. 432; 1991, c. 495.)
§ 45.1-270.3. Initial payments into Fund; renewal payments; bonds.
A. Operators filing permit applications for coal surface mining operationsparticipating in the pool fund shall be required to pay into the Fund, as anentrance fee, a sum equal to $1,000 for each applicable permit application.An entrance fee of $5,000 shall be required of all operators who elect toparticipate in the Fund when the Director has determined the total balance ofthe Fund is less than $1,750,000 pursuant to subsection B of § 45.1-270.4.The entrance fee shall be reduced to $1,000 when the total Fund balance isgreater than $2,000,000 pursuant to subsection C of § 45.1-270.4. A renewalfee of $1,000 shall be required of all permittees in the Fund at permitrenewal.
B. In addition to the initial payments into the Fund described in subsectionA of this section, all operators that participate in the Fund shall furnishto the Fund a bond which meets the criteria of § 45.1-241 and regulationsissued pursuant thereto as follows:
1. For those underground mining operations participating in the Fund prior toJuly 1, 1991, the amount of $1,000 per acre covered by each permit. In noevent shall such total bond be less than $40,000, except that on permitswhich have completed all mining and for which completion reports have beenapproved prior to July 1, 1991, the total bond shall not be less than $10,000.
2. For underground mining operations entering the Fund on or after July 1,1991, and for additional acreage bonded on or after July 1, 1991, the amountof $3,000 per acre. In no event shall the total bond for such undergroundoperations entering the Fund on or after July 1, 1991, be less than $40,000.
3. For other coal mining operations participating in the Fund prior to July1, 1991, the amount of $1,500 per acre covered by each permit. In no eventshall such total bond be less than $100,000, except that on permits whichhave completed all mining and for which completion reports have been approvedprior to July 1, 1991, the total bond shall not be less than $25,000.
4. For other coal mining operations entering the Fund on or after July 1,1991, and for additional acreage bonded on or after July 1, 1991, the amountof $3,000 per acre. In no event shall the total bond for such operationsentering the Fund on or after July 1, 1991, be less than $100,000.
C. 1. Notwithstanding the above, the Director may accept the bond of anoperator of an underground mining operation without separate surety asprovided in subsection C of § 45.1-241 and in any case upon a showing by suchoperator of a net worth, total assets minus total liabilities, certified byan independent certified public accountant equivalent to $1,000,000. Such networth figure shall thereafter during the existence of the permit be certifiedannually on the anniversary date of such permit by an independent certifiedpublic accountant.
2. The Director may accept the bond of an operator of a surface miningoperation or associated facility without separate surety as provided insubsection C of § 45.1-241 upon a showing by the operator of a suitable agentfor service of process, satisfactory continuous operation, financialsolvency, and submission of information and an indemnity agreement inaccordance with regulations implementing this section and the applicablefederal regulations.
D. All fees and payments provided in this article shall be in addition toinitial permit application and anniversary payments provided pursuant to §45.1-235 or any other payments required in compliance with this chapter.
E. Fund participants shall be allowed to post incremental bonds as set forthin § 45.1-241. Such bonds will be posted in annual increments according to aschedule contained in the permit application and approved annually by theDirector on the anniversary date.
F. Any mining operation participating in the Fund that has been in temporarycessation for more than six months as of July 1, 1991, shall within ninetydays of that date post bond equal to the total estimated cost of reclamationfor all portions of the permitted site which are in temporary cessation. Anymining operation participating in the Fund that has been in temporarycessation six months or less as of July 1, 1991, shall within ninety daysafter the date on which the operation has been in temporary cessation formore than six months post bond equal to the total estimated cost ofreclamation for all portions of the permitted site which are in temporarycessation. Any mining operation participating in the Fund that enterstemporary cessation on or after July 1, 1991, shall, prior to the date onwhich the operation has been in temporary cessation for more than six months,post bond equal to the total estimated cost of reclamation for all portionsof the permitted site which are in temporary cessation. Such bond shallremain in effect throughout the remainder of the period during which the siteis in temporary cessation. At such time as the site returns to activestatus, the bond posted under this subsection may be released, provided thepermittee has posted bond pursuant to subsection B of this section.
(1982, c. 334; 1983, c. 131; 1989, c. 432; 1991, c. 495.)
