Current through Register Vol. 41, No. 3, September 23, 2024
(a) If the
permittee refuses or is unable to conduct reclamation of an unabated violation,
fails to comply with the terms of the permit, or defaults on the conditions
under which the bond was accepted, the division shall take the following action
to forfeit all or part of a bond or bonds for the permit area or a portion of
the permit area:
(1) Send written
notification by certified mail, return receipt requested, to the permittee and
the surety on the bond, if any, informing them of the determination to forfeit
all or part of the bond, including the reasons for the forfeiture and the
amount to be forfeited. The amount shall be based on the estimated total cost
of achieving the reclamation plan requirements.
(2) Advise the permittee and surety, if
applicable, of the conditions under which forfeiture may be avoided. Such
conditions may include, but are not limited to--
(i) Agreement by the permittee or another
party to perform reclamation operations in accordance with a compliance
schedule acceptable to the division, which meets the conditions of the permit,
the reclamation plan, and demonstrates that such party has the ability to
satisfy the conditions; or
(ii) The
division may allow a surety to complete the reclamation plan if the surety can
demonstrate an ability to complete the reclamation in accordance with the
approved reclamation plan. Except where the division may approve partial
release authorized under 4VAC25-130-800.40, no surety liability shall be
released until successful completion of all reclamation under the terms of the
permit, including applicable liability periods of 4VAC25-130-800.13.
(b) In the event
forfeiture of the bond is required by this section, the division shall:
(1) Proceed to collect the forfeited amount
as provided by Virginia law for the collection of defaulted bonds or other
debts if actions to avoid forfeiture have not been taken, or if rights of
appeal, if any, have not been exercised within a time established by the
division, or if such appeal, if taken, is unsuccessful.
(2) Use funds collected from bond forfeiture
to complete the reclamation plan on the permit area.
(c) Upon default, the division may cause the
forfeiture of any and all bonds deposited to complete reclamation for which the
bonds were posted. Unless specifically limited, as provided in
4VAC25-130-800.11(b)(3), bond liability shall extend to the entire permit area
under conditions of forfeiture.
(d)
(1) In the event the estimated amount
forfeited is insufficient to pay for the full cost of reclamation, the
permittee shall be liable for the remaining costs. The division may complete,
or authorize completion of, reclamation of the bonded area and may recover from
the permittee all costs of reclamation in excess of the amount
forfeited.
(2) In the event the
amount of performance bond forfeited was more than the amount necessary to
complete reclamation, the unused funds shall be returned by the division to the
party from whom they were collected.
Statutory Authority
§§ 45.1-161.3 and 45.1-230 of the Code of
Virginia.
