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<br /> completed within the time limits specified in the approved irrevocable letters of credit, and trust funds, which the
<br /> reclamation plan or some other time period' mutually board determines are reasonably available and adequate to
<br /> agreed upon by the lead agency or the director and the ensure reclamation pursuant to this chapter, but these
<br /> operator. mechanisms may not include financial tests. These
<br /> 01 Proceed to take appropriate action to require mechanisms may include reclamation bond pool programs.
<br /> forfeiture of the financial assurances if the operator does (f) On or before March 1, 1993,the board shall adopt
<br /> not substantially comply with paragraph (2), guidelines to implement this section. The guidelines are
<br /> (4) Use the proceeds from the forfeited financial exempt from the requirements of Chapter 3.5
<br /> assurances to conduct and complete reclamation`in (commencing with Section 11340) of Part 1 of Division 3
<br /> accordance with the approved reclamation plan. In no of Title 2 of the Government Code, and are not subject to
<br /> event shall the financial assurances be used for.any other review by the Office of Administrative Law.
<br /> purpose. The operator' is responsible for the costs of § 2774. (a) Every lead agency shall adopt ordinances
<br /> conducting and completing reclamation in accordance in accordance with state policy which establish procedures
<br /> with the approved reclamation plan which are,in excess for the review and approval of reclamation plans and
<br /> of the proceeds from the forfeited financial assurances. financial assurances and the issuance of a permit to
<br /> (c)Financial assurances shall no longer be required of conduct surface mining operations, except that any lead
<br /> a surface mining operation, and shall be released, upon agency without an active surface mining operation in its
<br /> written notification by the lead agency, which shall be jurisdiction may defer adopting an implementing ordinance
<br /> forwarded to the operator and the director, that until the filing of a permit application. The ordinances
<br /> reclamation has been completed in accordance with the shall establish procedures'"requiring at least one public
<br /> approved reclamation plan. If a mining operation is sold hearing and shall be periodically reviewed by the lead
<br /> or ownership is transferred to another person, the agency and revised, as necessary, to ensure that the
<br /> existing financial assurances shall remain in force and ordinances continue to be in accordance with state policy.
<br /> shall not be released by the lead agency iuntil new (b} The lead agency shall conduct an inspection of a
<br /> financial assurances are secured from the new owner and surface mining operation within six months of receipt by
<br /> have been approved by the lead agency in accordance the lead agency of the surface mining operation's report
<br /> with Section 2770. submitted pursuant to Section 2207, solely to determine
<br /> (d) The lead agency shall have primary responsibility whether the surface mining operation is in compliance
<br /> to seek forfeiture of financial assurances and to reclaim with this chapter. In no event shall a lead agency inspect
<br /> mine sites under subdivision (b). However, in cases a surface mining operation less than once in any calendar
<br /> where the board is not the lead agency pursuant to year. The lead agency may cause such an inspection to
<br /> Section 2774.4,the director may act to seek forfeiture of be conducted by a state-registered geologist, state-
<br /> financial assurances and reclaim mine sites pursuant to registered civil engineer, state-licensed landscape
<br /> subdivision (b) only if both of the following occurs: architect, or state-registered forester, who is experienced
<br /> (1) The financial incapability of the operator or the in land reclamation and who has not been employed by
<br /> abandonment of the mining operation has come to the the surface mining operation in any capacity during the
<br /> attention of the director. previous 12 months. All inspections shall be conducted
<br /> (2) The lead agency has been notified in writing by using a form developed by the department and approved
<br /> the director of the financial incapability of the operator or by the board. The operator shall be solely responsible for
<br /> r the abandonment of the mining operation for at least 15 the reasonable cost of the inspection. The lead agency
<br /> !f days, and has not taken appropriate measures to seek shall notify the director within 30 days of the date of
<br /> F forfeiture of the financial assurances and reclaim the mine completion of the inspection that the inspection has been
<br /> site; and one of the following has occurred: conducted. The notice shall contain a statement regarding
<br /> (A) The lead agency has been notified in writing by the surface mining operation's compliance with this
<br /> the director that failure to take appropriate measures to chapter, shall include a copy of the completed inspection
<br /> seek forfeiture of the,financial assurances or to reclaim form, and shall specify which aspects of the surface
<br /> the mine site shall result in actions being taken against mining operations, if any, are inconsistent with this
<br /> the lead agency under Section 2774.4. chapter. If the surface mining operation has a review of
<br /> (B) The director determines that there is a violation its reclamation plan, financial assurances, or an interim
<br /> which , amounts to an imminent and substantial management plan pending under subdivision (b), (c), (d),
<br /> endangerment to the public health, safety, or to the or (h) of Section 2770, or an appeal pending before the
<br /> environment. board or lead agency governing body under subdivision(e)
<br /> (C) The lead agency notifies the director in writing or (h) of Section 2770, the notice shall so indicate. The
<br /> that its good-faith attempts to seek forfeiture of the lead agency shall forward to the operator a copy of the
<br /> financial assurances have not been successful. notice, a copy of the completed inspection form, and any
<br /> The director shall comply with subdivision (b) in supporting documentation, including, but not limited to,
<br /> seeking forfeiture of financial assurances and reclaiming any inspection report prepared by the geologist, civil
<br /> mine sites. engineer, landscape architect, or forester.
<br /> (e) ,The board may adopt regulations specifying (c) Prior to approving a surface mining operation's
<br /> financial assurance mechanisms other than surety bonds, reclamation plan, financial assurances, including existing
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