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VIRGINIA STATUTES AND CODES
45.1-270.4:1 - Special assessment
§ 45.1-270.4:1. Special assessment.
A. In addition to the tax assessed pursuant to § 45.1-270.4, and in order toensure Fund solvency, the Commissioner of the Division of Mined LandReclamation shall require each permittee to pay any special assessment madepursuant to subsection B of this section.
B. On and after July 1, 1990, the Commissioner of the Division of Mined LandReclamation shall assess each permit in the Fund the amount of $500. Thisassessment shall be made only one time and all revenues collected shall beapplied to the balance of the Fund. The permittee shall be responsible forpayment of the assessment.
On or after July 1, 1991, the Commissioner of the Division of Mined LandReclamation shall assess an amount not to exceed $500,000. The amount of theassessment shall be $250 for each permit participating in the Fund which hascompleted all mining activity and for which a completion report has beenapproved. The remaining assessments shall be made in equal amounts per acrefor each disturbed acre permitted under the Fund. The amount of disturbedacreage for each permit shall be determined by the most recent anniversarymap, or updated anniversary map, submitted by the permittee to the Divisionof Mined Land Reclamation prior to July 1, 1991. The assessments under thissubsection shall not apply to acreage that has been reclaimed and for whichan increment of the bond has been transferred to other acreage in the permit. The assessments under this subsection shall be made only one time and allrevenues collected shall be applied to the balance of the Fund. Thepermittee shall be responsible for payment of the assessment.
C. Failure to tender moneys assessed pursuant to the provisions of thissection within thirty calendar days of assessment shall constitute aviolation of the Virginia Coal Surface Mining Control and Reclamation Act (§45.1-226 et seq.). Any civil penalties collected for violations of thissection shall be applied to the balance of the Fund.
(1990, c. 427; 1991, c. 495.)