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 3817 - Hearing Procedures - Determination
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
Following the public hearing, the lead agency or the Board shall determine whether, based on the record before it and the criteria described in Section 3815 of this Article, the operator is financially incapable of performing reclamation in accordance with its approved reclamation plan, or has abandoned its surface mining operation without completing reclamation. If the operator is determined to be financially incapable of performing reclamation or to have abandoned the operation, then the following shall occur:
(a) The lead agency, or the supervisor in cases where the Board is the lead agency, shall notify the operator within 10 days of the date of determination of its intent to take appropriate actions to cause forfeiture of the operator's financial assurances. Notification shall be made by personal service or certified mail.
(b) The lead agency, or the supervisor in cases where the Board is the lead agency, shall notify any other state or federal governmental entity holding an interest in a financial guarantee related to the mining operation within 10 days of the date of determination of its intent to take appropriate actions to cause forfeiture of the operator's financial assurances. Notification may be made by personal service or certified mail.
(c) The lead agency, or the supervisor, or the Board in cases where the Board is the lead agency, shall follow the procedures described in PRC Sections 2773.1(b)(1) through 2773.1(b)(2)(C). Beginning on the date of determination of financial incapacity or abandonment, lead agencies shall provide annual status reports on the progress of reclamation to the supervisor and the Board, until reclamation is complete in accordance with the approved reclamation plan.
1. New section filed 10-3-2002; operative 11-2-2002 (Register 2002, No. 40).
2. Amendment 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: Section 2773.1, Public Resources Code.
