Code of Virginia § 45.2-1211. Succession of one operator by another at uncompleted project.
227 words·~1 min read·
/va/title-45-2/chapter-12/45-2-1211A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
If one operator succeeds another at any uncompleted operation, whether by sale, assignment, lease, merger, or otherwise, the Director may release the first operator from all liability under this chapter as to that particular operation and transfer the permit to the successor operator. However, the successor operator shall have complied with the requirements of this chapter and shall assume as part of his obligation under this chapter all liability for the reclamation of the area of land affected by the first operator.
No fee, or any portion thereof, paid by the first operator shall be returned to either operator. The permit fee for the successor operator for the area of land permitted by the first operator shall be calculated according to the following schedule, except as provided by § 45.2-1203 :
Date of Succession: Permit Fee:
Beginning July 1, 2019 $18 per disturbed acre
Beginning July 1, 2020 $20 per disturbed acre
Beginning July 1, 2021 $22 per disturbed acre
Beginning July 1, 2022 $24 per disturbed acre
The mining permit for the successor operator shall be valid for one year from the date of issuance and shall be renewed thereafter in accordance with the provisions of this chapter.
1977, c. 312, § 45.1-184.2; 1996, cc. 648 , 659 ; 2003, cc. 542 , 550 ; 2019, c. 538 ; 2021, Sp. Sess. I, c. 387 .