California Code of Regulations
Title 14 - Natural Resources
Division 2 - Department of Conservation
Chapter 8 - Mining and Geology
Subchapter 1 - State Mining and Geology Board
Article 11.5 - Forfeiture of Financial Assurance Mechanisms
Section 3811 - Circumstances Leading to a Hearing
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
In addition to the lead agency, supervisor, or Board's obtaining evidence that an operator may be financially incapable of completing reclamation in accordance with its approved reclamation plan or that the operator may have abandoned the surface mining operation without completing reclamation, a lead agency or the Board may conduct a hearing to determine the forfeiture of financial assurance mechanisms when any of the following circumstances has occurred:
(a) Unless an appeal of a financial assurance cost estimate is pending before the Board pursuant to PRC Section 2770, an operator has failed to provide an acceptable financial assurance mechanism in accordance with PRC Section 2773.4(e)(1). Acceptable financial assurance mechanisms are described in Title 14, California Code of Regulations (CCR) Section 3803.
(b) The operator has failed to provide the lead agency with a financial assurance cost estimate as required by PRC Sections 2773.1 and 2773.4(d)(1)(A) that adequately addresses the criteria contained in PRC Section 2773.1, Article 11 (commencing with Section 3800) of Subchapter 1 of Chapter 8 of Division 2 of Title 14 of the CCR and the Board's financial assurance guidelines adopted pursuant to subdivision (f) of PRC Section 2773.1.
(c) An acceptable financial assurance mechanism will lapse without adequate evidence from the operator that it can and will be replaced prior to its lapse, or has lapsed and has not been renewed or replaced by another acceptable mechanism and any remaining financial assurance mechanisms are not, according to the lead agency as demonstrated by a currently approved financial assurance cost estimate, adequate by itself to ensure the reclamation of the mine site according to the approved reclamation plan.
(d) The lead agency, Board, or supervisor, is unable to contact the mine operator or the operator's agent of record after 90 days of the mine becoming idle as defined in PRC Section 2727.1.
(e) The surface mining operation meets the criteria stated under PRC Section 2770(h)(6) or there is evidence that the operator has physically abandoned the mining operation. Submittal of an interim management plan after the operator has been notified that the mine meets the criteria in PRC Section 2770(h)(6) shall not prevent the lead agency or the Board from proceeding with its hearing.
1. New section filed 10-3-2002; operative 11-2-2002 (Register 2002, No. 40).
2. Amendment of section and NOTE filed 4-29-2021; operative 7-1-2021 (Register 2021, No. 18). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20.
Note: Authority cited: Section 2755, Public Resources Code. Reference: Sections 2727.1, 2770, 2773.1 and 2773.2, Public Resources Code.
