45.1-270.2 - Participation in Fund.
§ 45.1-270.2. Participation in Fund.
A. Participation in the Fund shall be open to all operators applying for apermit under Chapter 19 (§ 45.1-226 et seq.) of this title, who candemonstrate to the Director at least a consecutive three-year history ofcompliance under this act or any other comparable state or federal act.
B. Participation in the Fund shall be optional as to each permit applicationand approval of such participation by the Division, upon payment by theoperator of all entrance fees to the Fund required by this article, shallconstitute compliance with all requirements of § 45.1-241 and regulationsissued pursuant thereto. Such participation shall relieve the operator of allbonding requirements except those set forth in this article. Nothing hereinshall preclude compliance with § 45.1-241 in lieu of participation in theFund, prior to commencement of the participation. Commencement ofparticipation in the Fund, as to the applicable permit, shall constitute anirrevocable commitment to participate therein as to the applicable permit andfor the duration of the coal surface mining operations covered thereunder.
C. For mining operations bonded under this article, the total cumulativeamount of exposed highwall shall not exceed 1,500 linear feet. The width ofthe coal pit shall be limited to two mining cuts or 500 feet, whichever isless, measured perpendicular from the most advanced highwall to the coaloutcrop or to the nearest point of rough backfilling and grading.
D. The Director may allow extended distances for rough backfilling andgrading beyond those established in this section provided (i) the applicantcan demonstrate to the Director at least a seven consecutive year history ofcompliance with this act or with any other comparable state or federal act,or (ii) the applicant submits a bond for the proposed additional area. Theadditional bond shall be equal to the ratio of the extended distance to thedistance specified in subsection C above, times an approved cost estimate ofreclamation prepared for the permit.
(1982, c. 334; 1983, c. 131; 1989, c. 432.)