45.1-247 - Forfeiture or release of performance bond. - Virginia Statutes

§ 45.1-247. Forfeiture or release of performance bond.

A. The Director shall promulgate regulations, consistent with regulationspromulgated by the Secretary, establishing procedures, conditions, criteria,and schedules for the forfeiture or release of performance bonds or depositsrequired under this chapter; however, no bond shall be fully released untilall reclamation requirements of this chapter and the regulations thereunderare fully met.

B. Any person with a valid legal interest which might be adversely affectedby release of the bond, or the responsible officer or head of any federal,state, or local governmental agency which has jurisdiction by law or specialexpertise with respect to any environmental, social, or economic impactinvolved in the operation, or is authorized to develop and enforceenvironmental standards with respect to such operations, shall have the rightto file written objections to the proposed release from bond by the Directorwithin thirty days after the last publication of notice, as required byregulation. If written objections are filed, and a hearing requested, theDirector shall inform all interested parties of the time and place of thehearing and hold a public hearing in the locality of the coal surface miningoperation proposed for bond release, or in Richmond at the option of theobjector, within thirty days of the request for such hearing.

C. Without prejudice to the rights of the objectors, the applicant, or theresponsibilities of the Director pursuant to this section, the Director mayestablish an informal conference, in accordance with regulations promulgatedpursuant to § 45.1-239 B, to resolve written objections.

D. For the purpose of such hearing the Director is authorized to administeroaths, subpoena witnesses, or written or printed materials, compel theattendance of witnesses, or production of materials, and take evidenceincluding but not limited to inspections of the land affected or other coalsurface mining operations carried on by the applicant in the generalvicinity. A verbatim record of each public hearing shall be made and atranscript made available on the motion of any party or by order of theDirector.

(1979, c. 290; 1984, c. 590.)