reglab/housing_qa huggingface dataset:
VA Code § 45.2-1023 (2021)
2021 Code of Virginia|Title 45.2 - Mines, Minerals, and Energy|Chapter 10 - Virginia Coal Surface Mining Control and Reclamation Act of 1979|§ 45.2-1023. (Effective October 1, 2021) Forfeiture or release of performance bond

A. The Director shall adopt regulations, consistent with regulations adopted by the Secretary, establishing procedures, conditions, criteria, and schedules for the forfeiture or release of performance bonds or deposits required under this chapter; however, no bond shall be fully released until all reclamation requirements of this chapter and the regulations adopted hereunder are fully met.B. Any person with a valid legal interest that could be adversely affected by release of the bond, or the responsible officer or head of any federal, state, or local governmental agency that (i) has jurisdiction by law or special expertise with respect to any environmental, social, or economic impact involved in the operation or (ii) is authorized to develop and enforce environmental standards with respect to such operations, has the right to file written objections to the proposed release from bond by the Director within 30 days after the last publication of notice, as required by regulation. If a written objection is filed and a hearing requested, the Director shall inform all interested parties of the time and place of the hearing and hold a public hearing, either in the locality of the coal surface mining operation proposed for bond release or in Richmond, at the option of the objector, within 30 days of the request for such hearing.C. Without prejudice to the rights of any objector or the applicant or the responsibilities of the Director pursuant to this section, the Director may establish an informal conference, in accordance with regulations adopted pursuant to § 45.2-1014, to resolve written objections.D. For the purpose of the hearing specified in subsection B, the Director may administer oaths, subpoena witnesses or written or printed materials, compel the attendance of witnesses or production of materials, and take evidence, including inspections of the land affected or other coal surface mining operations carried on by the applicant in the general vicinity. A verbatim record of each public hearing shall be made, and a transcript shall be made available on the motion of any party or by order of the Director.1979, c. 290, § 45.1-247; 1984, c. 590; 2021, Sp. Sess. I, c. 387.
VA Code § 45.2-1024 (2021)
2021 Code of Virginia|Title 45.2 - Mines, Minerals, and Energy|Chapter 10 - Virginia Coal Surface Mining Control and Reclamation Act of 1979|§ 45.2-1024. (Effective October 1, 2021) Performance of reclamation operations by Director

In the event of forfeiture of a performance bond, in whole or in part, the Director shall deposit the proceeds in the state treasury in a special fund to be used by the Director to complete the reclamation plan and other regulatory requirements pertaining to the operation for which the forfeited bond had been posted. The Director may use the resources and facilities of the Division or enter into contracts for performance of such reclamation with any person, any soil conservation district, or any agency of the state or federal government. After completion of the reclamation and payment of all costs and administrative expenses associated with the completion of reclamation, any additional funds from the forfeiture of the bond shall be returned.1979, c. 290, § 45.1-248; 1984, c. 590; 2021, Sp. Sess. I, c. 387.
VA Code § 45.2-1026 (2021)
2021 Code of Virginia|Title 45.2 - Mines, Minerals, and Energy|Chapter 10 - Virginia Coal Surface Mining Control and Reclamation Act of 1979|§ 45.2-1026. (Effective October 1, 2021) Hearings

Every formal hearing shall be conducted in accordance with § 2.2-4020 unless the parties consent to informal proceedings. When a hearings officer presides, such officer shall recommend findings and a decision to the Director, who shall then issue findings and a decision, unless the Director provides for the making of findings and an initial decision by such hearings officer subject to review and reconsideration by the Director on appeal as of right or on the Director's own motion. Such regulations shall also provide for a reasonable time in which such appeals shall be acted upon, which shall be in addition to the period required for the making of the initial decision.1979, c. 290, § 45.1-250; 1984, c. 590; 2021, Sp. Sess. I, c. 387.
VA Code § 45.2-1027 (2021)
2021 Code of Virginia|Title 45.2 - Mines, Minerals, and Energy|Chapter 10 - Virginia Coal Surface Mining Control and Reclamation Act of 1979|§ 45.2-1027. (Effective October 1, 2021) Judicial review of final order or decision or decision under § 45.2-1035

A. Any party aggrieved by a final order, decision, or decision for entry upon property pursuant to § 45.2-1035, issued by the Director, after exhaustion of the administrative remedies provided for in this chapter, has the right to the judicial review thereof in the circuit court of the county or city in which the land at issue or a major portion thereof is located. In all other respects, judicial review shall be in accordance with the provisions of the Administrative Process Act (§ 2.2-4000 et seq.).B. The commencement of a proceeding under this section shall not, unless specifically ordered by the court, operate as a stay of the order or decision of the Director. The court may, under such conditions as it prescribes, grant such temporary relief as it deems appropriate pending final determination of the proceedings if:1. All parties to the proceedings have been notified and given an opportunity to be heard on a request for temporary relief;2. The person requesting such relief shows that there is a substantial likelihood that he will prevail on the merits of the final determination of the proceeding; and3. Such relief will not adversely affect the public health or safety or cause significant imminent environmental harm to land, air, or water resources.C. The court may award costs and expenses, including attorney fees, to any party to any proceeding under this section and may assess such costs and expenses against any other party as the court deems proper. For the purpose of this subsection, "party" includes the Commonwealth or any of its agents, officers, or employees.1979, c. 290, § 45.1-251; 1983, c. 93; 1984, c. 590; 1986, c. 615; 2021, Sp. Sess. I, c. 387.
VA Code § 45.2-1030 (2021)
2021 Code of Virginia|Title 45.2 - Mines, Minerals, and Energy|Chapter 10 - Virginia Coal Surface Mining Control and Reclamation Act of 1979|§ 45.2-1030. (Effective October 1, 2021) Replacement of water supply

A. The operator of any coal surface mining operation shall replace the water supply of an owner of interest in real property who obtains all or part of such owner's supply of water for domestic, agricultural, industrial, or other legitimate use from an underground or surface source where such supply has been affected by contamination, diminution, or interruption proximately resulting from such coal surface mining operation.B. Every underground coal mining operation shall promptly replace any drinking, domestic, or residential water supply from a well or spring that was in existence prior to the application for a surface coal mining and reclamation permit and that has been affected by contamination, diminution, or interruption resulting from underground coal mining operations. Nothing in this subsection shall be construed to prohibit or interrupt underground coal mining operations.C. Each operator of an underground coal mine shall record the daily progress of mining operations on one or more mine maps maintained at the mine site or in the company office. Such map shall, at a minimum, include information on the daily progress of mining operations and be maintained until the completion of the mining. The operator shall provide such map to the Division upon completion of mining and upon request of the Director.D. If the Director has ordered replacement of a water supply under subsection B and the operator subject to the order has failed to provide the required map in accordance with subsection C, then the Director's replacement order shall not be overturned absent clear and convincing evidence to the contrary. Upon conclusion of an investigation, if the Director does not order replacement under the provisions of subsection B and reasonable access for a pre-mining survey was denied, the Director's determination shall not be overturned absent clear and convincing evidence to the contrary.1979, c. 290, § 45.1-258; 1993, c. 582; 2021, Sp. Sess. I, c. 387.
VA Code § 45.2-1031 (2021)
2021 Code of Virginia|Title 45.2 - Mines, Minerals, and Energy|Chapter 10 - Virginia Coal Surface Mining Control and Reclamation Act of 1979|§ 45.2-1031. (Effective October 1, 2021) State Reclamation Program

A. The Commonwealth's program for the reclamation of land and water adversely affected by past mining shall include the State Reclamation Plan, the Abandoned Mine Reclamation Fund created pursuant to § 45.2-1032, and annual reclamation projects, as provided for in this article.B. The Director is authorized to develop and submit to the Secretary for approval a State Reclamation Plan in accordance with the provisions of Title IV of the federal act and of this article. The plan shall generally identify the areas to be reclaimed, the purposes for which the reclamation is proposed, the relationship of the lands to be reclaimed and the proposed reclamation to surrounding areas, the specific criteria for ranking and identifying projects to be funded, and the programmatic capability of the Division to perform such work, and shall include such regulations, policies, and procedures as may be necessary to establish and implement the plan and annual reclamation projects and to carry out the provisions of this article. The Director may from time to time develop and submit to the Secretary amendments and revisions to the plan consistent with this article.C. The Director may:1. Prepare and submit to the Secretary annual applications for the support of the State Reclamation Program and implementation of specific reclamation projects;2. Enter into agreements with the Secretary for the emergency restoration, reclamation, abatement, control, or prevention of the adverse effects of coal mining practices;3. Administer the State Reclamation Plan and annual reclamation projects and receive and administer grants from the Secretary therefor; and4. Prepare and submit such information and reports as the Secretary requests.D. The Director and the Department, in carrying out the functions of preparing and revising the State Reclamation Plan and developing annual reclamation projects, shall provide appropriate opportunities for public involvement.1979, c. 290, § 45.1-260; 1984, c. 590; 2021, Sp. Sess. I, c. 387.
VA Code § 45.2-1032 (2021)
2021 Code of Virginia|Title 45.2 - Mines, Minerals, and Energy|Chapter 10 - Virginia Coal Surface Mining Control and Reclamation Act of 1979|§ 45.2-1032. (Effective October 1, 2021) Abandoned Mine Reclamation Fund

A. There is hereby created in the state treasury a special nonreverting fund to be known as the Abandoned Mine Reclamation Fund, referred to in this article as "the Fund." The Fund shall be established on the books of the Comptroller and shall be administered by the Director.B. All funds granted by the Secretary for purposes of conducting the approved State Reclamation Plan and annual reclamation projects; use fees charged for uses of lands acquired or reclaimed pursuant to this article, after expenditures for maintenance have been deducted; moneys recovered through the satisfaction of liens filed against privately owned land pursuant to this article; moneys recovered from sale of lands acquired by the Director pursuant to this article; and donations made for the purposes of this article and other moneys made available or appropriated to the Director for such purposes shall be paid into the state treasury and credited to the Fund.C. 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.D. Moneys in the Fund shall be used solely for the purpose of carrying out the State Reclamation Program as approved by the Secretary. 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.1979, c. 290, § 45.1-261; 2021, Sp. Sess. I, c. 387.
VA Code § 45.2-1033 (2021)
2021 Code of Virginia|Title 45.2 - Mines, Minerals, and Energy|Chapter 10 - Virginia Coal Surface Mining Control and Reclamation Act of 1979|§ 45.2-1033. (Effective October 1, 2021) Operator may perform reclamation; bidding; conditions; adjustment of required bonds; regulations

A. Notwithstanding any licensing requirement under Title 54.1, an operator is eligible to bid on contracts to conduct reclamation projects under the State Reclamation Program and the Coal Surface Mining Reclamation Fund in accordance with this article and Article 5 (§ 45.2-1043 et seq.) if the Director finds that the following conditions have been met: (i) the operator has had at least three years of relevant mining experience in the Commonwealth pursuant to this chapter and (ii) the operator meets all other applicable requirements of federal, state, and local law.B. Notwithstanding the provisions of Title 11 (§ 11-1 et seq.), the Director may adjust the amounts of required bid or performance bonds for such contracts upon a finding that such amounts are sufficient to protect the public interest.C. The Director shall adopt regulations to implement this section.1983, c. 77, § 45.1-261.1; 1984, c. 590; 1991, c. 495; 2013, cc. 47, 129; 2021, Sp. Sess. I, c. 387.
VA Code § 45.2-1034 (2021)
2021 Code of Virginia|Title 45.2 - Mines, Minerals, and Energy|Chapter 10 - Virginia Coal Surface Mining Control and Reclamation Act of 1979|§ 45.2-1034. (Effective October 1, 2021) Eligible lands and water; priorities for expenditures

A. Lands and water eligible for reclamation or drainage abatement expenditures under this article are those that were (i) mined for coal or (ii) affected by coal mining, waste banks, coal processing, or other coal mining processes, and were abandoned or left in an inadequate reclamation status and for which there is no continuing reclamation responsibility under state or federal law.B. The Director shall establish priorities in the State Reclamation Plan for the expenditure of funds in conformance with the priorities set forth in § 403 of the federal act.1979, c. 290, § 45.1-262; 1984, c. 590; 2021, Sp. Sess. I, c. 387.
VA Code § 45.2-1036 (2021)
2021 Code of Virginia|Title 45.2 - Mines, Minerals, and Energy|Chapter 10 - Virginia Coal Surface Mining Control and Reclamation Act of 1979|§ 45.2-1036. (Effective October 1, 2021) Commonwealth to have lien for reclamation work

The Commonwealth shall have a lien, if perfected as provided in § 45.2-1037, on land reclaimed by the Director pursuant to this article for the amount of the increase in the appraised market value of the land resulting from the reclamation. However, no such lien shall attach to or be filed against the property of any person who owned the surface of the land prior to May 2, 1977, and who did not consent to, participate in, or exercise control over the mining operation that necessitated the reclamation performed under this article. Nor shall any such lien attach to or be filed against any property if the Director waives the lien as provided in § 45.2-1037.1979, c. 290, § 45.1-264; 2021, Sp. Sess. I, c. 387.
VA Code § 45.2-1037 (2021)
2021 Code of Virginia|Title 45.2 - Mines, Minerals, and Energy|Chapter 10 - Virginia Coal Surface Mining Control and Reclamation Act of 1979|§ 45.2-1037. (Effective October 1, 2021) Perfection of lien; waiver of lien

A. The Director shall perfect the lien given under the provisions of § 45.2-1036 by filing, within six months after completion of the reclamation, in the clerk's office of the court of the county or city in which the land or any part thereof is located, a statement consisting of the name of the owner of record of the property sought to be charged; an itemized account of moneys expended for the reclamation work; notarized copies of appraisals, made by an independent appraiser, of the fair market value of the land both before and upon completion of the reclamation work; and a brief description of the property to which the lien attaches.B. The Director shall waive a lien if he determines that the direct and indirect costs of filing such lien exceed the increase in fair market value resulting from reclamation or that the reclamation primarily benefits health, safety, or environmental values of the community or area in which the land is located. If reclamation is necessitated by an unforeseen occurrence, the Director shall waive a lien if he determines that the reclamation will not result in a significant increase in the market value of the land.1979, c. 290, § 45.1-265; 2021, Sp. Sess. I, c. 387.
VA Code § 45.2-1038 (2021)
2021 Code of Virginia|Title 45.2 - Mines, Minerals, and Energy|Chapter 10 - Virginia Coal Surface Mining Control and Reclamation Act of 1979|§ 45.2-1038. (Effective October 1, 2021) Recordation and indexing of lien; notice

It is the duty of the clerk in whose office the statement described in § 45.2-1037 is filed to record such statement in the deed books of such office and to index such recording in the general index of deeds. Such indexing shall be made in the name of the Commonwealth as well as the owner of the property and shall show the type of such lien. From the time of such recording and indexing, all persons shall be deemed to have notice thereof.1979, c. 290, § 45.1-266; 2021, Sp. Sess. I, c. 387.
VA Code § 45.2-1039 (2021)
2021 Code of Virginia|Title 45.2 - Mines, Minerals, and Energy|Chapter 10 - Virginia Coal Surface Mining Control and Reclamation Act of 1979|§ 45.2-1039. (Effective October 1, 2021) Priority of lien

Any lien acquired under this article shall have priority as a lien second only to the lien of real estate taxes imposed upon the land.1979, c. 290, § 45.1-267; 2021, Sp. Sess. I, c. 387.
VA Code § 45.2-1040 (2021)
2021 Code of Virginia|Title 45.2 - Mines, Minerals, and Energy|Chapter 10 - Virginia Coal Surface Mining Control and Reclamation Act of 1979|§ 45.2-1040. (Effective October 1, 2021) Hearing to determine amount of lien

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 circuit court having jurisdiction wherein the property or some portion thereof is located to hold a hearing to determine the increase in the market value of the land as a result of reclamation. After reasonable notice to the Director, the court shall hold a hearing to determine the amount of 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.1979, c. 290, § 45.1-268; 2021, Sp. Sess. I, c. 387.
VA Code § 45.2-1041 (2021)
2021 Code of Virginia|Title 45.2 - Mines, Minerals, and Energy|Chapter 10 - Virginia Coal Surface Mining Control and Reclamation Act of 1979|§ 45.2-1041. (Effective October 1, 2021) Satisfaction of lien

Any lien 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 in this article, the Director may proceed to enforce the lien by a petition filed in a circuit court having jurisdiction wherein the property or some portion thereof is located.1979, c. 290, § 45.1-269; 2021, Sp. Sess. I, c. 387.
VA Code § 45.2-1042 (2021)
2021 Code of Virginia|Title 45.2 - Mines, Minerals, and Energy|Chapter 10 - Virginia Coal Surface Mining Control and Reclamation Act of 1979|§ 45.2-1042. (Effective October 1, 2021) Miscellaneous powers of Director

A. In addition to any other remedies provided for in this chapter, the Director may petition any court of competent jurisdiction for an injunction to restrain any interference with the exercise of the right to enter or to conduct any work pursuant to this chapter.B. The Director is authorized, to the extent of funds available for the purposes herein, to construct and operate plants for the control and treatment of water pollution resulting from mine drainage. Such plants may include major intercepters and other facilities appurtenant to such plants. No such control or treatment shall in any way be less than that required under the federal Clean Water Act.C. The Director may transfer funds to other appropriate state or local agencies in order to carry out the reclamation authorized by this article.1979, c. 290, § 45.1-270; 2021, Sp. Sess. I, c. 387.
VA Code § 45.2-1043 (2021)
2021 Code of Virginia|Title 45.2 - Mines, Minerals, and Energy|Chapter 10 - Virginia Coal Surface Mining Control and Reclamation Act of 1979|§ 45.2-1043. (Effective October 1, 2021) Coal Surface Mining Reclamation Fund

There is hereby created in the state treasury a special nonreverting fund to be known as the Coal Surface Mining Reclamation Fund, referred to in this article as "the Fund." The Fund shall be established on the books of the Comptroller. All payments made into the Fund 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 set forth in this article. 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.1982, c. 334, § 45.1-270.1; 2021, Sp. Sess. I, c. 387.