Section 470. Release of bond

A. Application for bond release.

A permittee desiring to have a bond released by the director shall apply in writing identifying the operation, and documenting that the well or disturbed land meets the requirements for partial or full bond release. A bond may be reduced or released by the director only in writing.

B. Partial bond release.

The portion of a permittee's bond covering disturbed land may be released as follows:

1. A permittee with an individual bond under § 45.1-361.31 A of the Code of Virginia shall be eligible for release of the portion of the bond covering disturbed land after the land has been successfully reclaimed to the standards of 4VAC25-150-260 of this chapter.

2. A permittee with a blanket bond under § 45.1-361.31 B of the Code of Virginia shall be eligible for release of 75% of the portion of the bond calculated on acreage of disturbed land after the land has been successfully reclaimed to the standards of 4VAC25-150-260 of this chapter.

C. Full bond release.

A permittee's bond or coverage of a well and land under a blanket bond is eligible for full release when:

1. A well has been plugged, the plugging affidavit has been submitted to the director and the land under the bond has been successfully reclaimed to the standards of 4VAC25-150-260 of this chapter;

2. The well is abandoned as a water well in accordance with 4VAC25-150-440 of this chapter and the land under the bond has been successfully reclaimed to the standards of 4VAC25-150-260 of this chapter;

3. The well is abandoned as a vertical ventilation hole in accordance with 4VAC25-150-650 of this chapter and the land under the bond is permitted by the department's Division of Mined Land Reclamation or has been successfully reclaimed to the standards of 4VAC25-150-260 of this chapter; or

4. Other bond has been accepted by the director.

Historical Notes

Derived from VR480-05-22.1 § 1.47, eff. September 25, 1991.

Statutory Authority

§§ 45.1-161.3 and 45.1-361.27 of the Code of Virginia.