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2017 SESSION
17101267DBe it enacted by the General Assembly of Virginia:
1. That §§ 45.1-183, 45.1-185, 45.1-197.8, 45.1-197.10, 45.1-197.14, and 45.1-197.18 of the Code of Virginia are amended and reenacted and that the Code of Virginia is amended by adding sections numbered 45.1-186.3 through 45.1-186.8 as follows:
§ 45.1-183. Bond of operator.
Each operator at the time of filing his application shall
furnish bond on a form to be prescribed by the Director payable to the
Department and conditioned that the operator shall faithfully perform all of
the requirements of this chapter and of the operations plan as approved and
directed by the Department. The amount of bond shall be no
less than $200 nor more than $1,000 $3,000
per acre, based upon the number of acres of land which the operator estimates
will be affected by mining operations during the next ensuing year. The minimum amount of bond furnished shall be $1,000,
except in areas of five acres or less the bond shall be no less than $200 nor
more than $1,000 per acre. Such bond shall be executed by
the operator and by a corporate surety licensed to do business in this
Commonwealth; provided, however, that in lieu of such bond the operator may
deposit cash or collateral security acceptable to the Director.
§ 45.1-185. Additional bond to be posted annually; release of previous bond; report of reclamation work.
Within ten 10 days following the
anniversary date of any permit, the operator shall post additional bond in the
amount of no less than $200 nor more than $1,000 $3,000
per acre for each acre of land estimated by him to be disturbed during the next
year following the anniversary date of the permit. Bond or other security
previously posted shall be released for the areas disturbed in the last twelve 12
months if reclamation work has been completed or transferred to additional
acres to be disturbed. The approval of the Director to release the bond shall
be obtained in accordance with the following:
The operator shall file with the Department a written report on a form to be prescribed by the Department stating under oath that reclamation has been completed on certain lands and submit the following:
(a) (i) Identification of the
operation; (b) (ii)
the county or city in which it is located and its location with reference to
the nearest public highway; (c) (iii) a description of the
area of land affected by the operation within the period of time covered by
such report with sufficient certainty to enable it to be located and
distinguished from other lands; (d) and (iv) an
accurate map or plan prepared by a licensed land surveyor or licensed engineer
or issued by a standard mapping service or in such manner as to be acceptable
to the Director showing the boundary lines of the area of land affected by the
operation, the number of acres comprising such area,
and the methods of access to the area from the nearest public highway.
§ 45.1-186.3. Commonwealth to have lien for reclamation work.
The Commonwealth shall have a lien, if perfected as provided in subsection A of § 45.1-186.3, on land owned by the operator and reclaimed by the Director pursuant to this chapter for the amount of the increase in the appraised market value of the land resulting from the reclamation, except that no lien shall attach to or be filed against the property of any person if the Director waives the lien as provided in subsection B of § 45.1-186.4.
A. Except
as provided in subsection B, the Director shall
perfect the lien given under the provisions of §
B. The Director shall waive a lien if he determines that (i) the direct and indirect costs of filing such lien exceed the increase in fair market value resulting from reclamation; (ii) the reclamation primarily benefits the health, safety, or environmental values of the community or area in which the land is located; or (iii) if reclamation is necessitated by an unforeseen occurrence, the reclamation will not result in a significant increase in the fair market value of the land.
It shall be the duty of
the clerk in whose office the statement described in §
Liens acquired under this article shall have priority as a lien second only to the lien of real estate taxes imposed upon the land.
Any party having an interest in the real property against which a lien has been filed may, within 60 days of such filing, petition the court of equity having jurisdiction wherein the property or some portion thereof is located to hold a hearing to determine the increase in the fair market value of the land as a result of reclamation. After reasonable notice to the Director, the court shall hold a hearing to determine such increase. If the court determines such increase to be erroneously excessive, it shall determine the proper amount and order that the lien and the record be amended to show this amount.
Liens acquired under this article shall be satisfied to the extent of the value of the consideration received at the time of transfer of ownership. Any unsatisfied portion shall remain as a lien on the property and shall be satisfied in accordance with this section. If an owner fails to satisfy a lien as provided herein, the Director may proceed to enforce the lien by a bill filed in a court of equity having jurisdiction wherein the property or some portion thereof is located.
§ 45.1-197.8. Creation of Fund.
There is hereby created in the State
Treasurer's office state treasury a
special nonreverting fund to be known
as the Minerals Reclamation Fund, hereinafter referred
to in this section as "the Fund,."
which shall be under the supervision of the
Department. The Fund shall consist of all payments made into the Fund by
operators in accordance with the provisions of this article.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 purposes of holding
bonds collected under §§ 45.1-183 and 45.1-185 and reclaiming lands disturbed
by mining operations. 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.
§ 45.1-197.10. Release of bonds and other securities.
When the size of the
Fund shall have reached $400,000, the All bonds
and other securities previously posted,
pursuant to § 45.1-183, by all members
issued pursuant to § 45.1-183 or 45.1-185 shall be released upon acceptance in the
Fund and payment of required fees.
§ 45.1-197.14. Decreases in size of Fund.
Whenever the size of the Fund
shall decrease decreases to
less than $250,000 $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 $250,000 $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.
§ 45.1-197.18. 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.) of this chapter
and is hereby allocated for such purposes.
Funds paid to the Department pursuant to this section shall not revert to the
general fund.