45.1-270.6 - Reinstatement to the Fund; recovery of Fund expenditures. - Virginia Statutes

§ 45.1-270.6. Reinstatement to the Fund; recovery of Fund expenditures.

A. An operator who has defaulted on any reclamation obligation and hasthereby caused the Fund to incur reclamation expenses as a result thereofshall not be eligible to participate in the Fund thereafter until restitutionfor such default has been made. Compliance with this requirement shall be aprerequisite to the filing by the operator of any new permit applicationunder this chapter but shall not affect the operator's need to comply withall other requirements of this chapter in applying for a permit.

B. The Director may file a motion for judgment in any court of competentjurisdiction against the permittee to recover all moneys expended by the Fundto accomplish the reclamation. Such expenditures shall include but not belimited to construction costs, engineering costs, administrative costs, andlegal costs. In any action to recover these costs, the defendant may notrelitigate the facts giving rise to the forfeiture nor may the defendantdefend by claiming the forfeiture was improper.

(1982, c. 334; 1987, c. 468.)