Virginia Administrative Code
Title 4 - CONSERVATION AND NATURAL RESOURCES
Agency 25 - DEPARTMENT OF ENERGY
Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS
Part 825 - Special Permanent Program Performance Standards-Remining Areas with Pollutional Discharges
Section 4VAC25-130-825.14 - Criteria and schedule for release of bonds on pollution abatement areas
Universal Citation: 4 VA Admin Code 25-130-825-14
Current through Register Vol. 41, No. 3, September 23, 2024
(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).
Statutory Authority
§§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Disclaimer: These regulations may not be the most recent version. Virginia may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
