§ 45.2-1049 — Forfeiture of bonds on operations participating in the Fund; alternative remedies

Virginia § 45.2-1049

• Jurisdiction: Virginia
• Title 45.2: Mines, Minerals, and Energy
• Subtitle II: Coal Mining
• Ch. 10: Virginia Coal Surface Mining Control and Reclamation Act of 1979
• Art. 5: Coal Surface Mining Reclamation Fund
• Part C: Surface Coal Mines

Text

A. Forfeiture of bonds of an operation participating in the Fund shall be accomplished as set forth in § 45.2-1023 and the regulations adopted by the Director.

B. In addition to forfeiture, the Director may proceed against the permittee of a surface coal mining operation under the provisions of subsection F of § 45.2-1020 by filing a civil action for injunctive or other relief in any court of competent jurisdiction to compel the permittee to perform the reclamation work in full compliance with this chapter, the regulations, and approved permit plans. Any injunctive relief shall be granted without the necessity of pleading or proving inadequate remedy at law or irreparable harm, and no bond shall be required.

C. Proceedings under either subsection A or B shall not constitute a waiver by the Director to proceed under the other subsection, nor shall the commencement of action under one subsection constitute an election to proceed solely under that subsection.

Legislative History

1987, c. 468, § 45.1-270.5:1; 2021, Sp. Sess. I, c. 387.