45.1-270.5:1 - Forfeiture of bonds on operations participating in the Fund; alternative remedies
§ 45.1-270.5:1. Forfeiture of bonds on operations participating in the Fund;alternative remedies.
A. Forfeiture of bonds of operations participating in the Fund shall beaccomplished as set forth in § 45.1-247 and the regulations promulgated bythe Director.
B. In addition to forfeiture, the Director may proceed against the permitteeof the surface coal mining operation, under the provisions of § 45.1-245 E,by filing a civil action for injunctive or other relief in any court ofcompetent jurisdiction to compel the permittee to perform the reclamationwork in full compliance with this chapter, the regulations and the approvedpermit plans. Any injunctive relief shall be granted without the necessity ofpleading or proving inadequate remedy at law or irreparable harm and no bondshall be required.
C. Proceedings under either subsection A or subsection B shall not constitutea waiver by the Director to proceed under the other subsection, nor shall thecommencement of action under one subsection constitute an election to proceedsolely under that subsection.
(1987, c. 468.)