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financial assurances reviewed by the lead agency director the information required under this section shall
<br /> pursuant to subdivision (c) of Section 2770, or any be cause for action under Section 2774.4.
<br /> amendments, the lead agency shall submit the plan, § 2774.1. (a) Except as provided in subdivision (i) of
<br /> assurances, or amendments to the director for review. Section 2770, if the lead agency or the director
<br /> All documentation for that submission shall be submitted determines, based upon an annual inspection pursuant to
<br /> to the director at one time. When the lead agency Section 2774, or otherwise confirmed by an inspection of
<br /> submits a reclamation plan or plan amendments to the the mining operation, that a surface mining operation is
<br /> director for review, the lead agency shall also submit to not in compliance with this chapter, the lead agency or
<br /> the director, for use in reviewing the reclamation plan or the director may notify the operator of that violation by
<br /> plan amendments,information from any related document personal service or certified mail. If the violation extends
<br /> prepared, adopted, or certified pursuant to Division 13 beyond 30 days after the date of the lead agency's or the
<br /> (commencing with Section 21000),and shall submit any director's notification,the lead agency or the director may
<br /> other pertinent information. The lead agency shall certify issue an order by personal service or certified mail
<br /> to the director that the reclamation plan is in compliance requiring the operator to comply with this chapter or if j
<br /> with the applicable requirements of Article 1 the operator does not have an approved reclamation plan # '
<br /> {commencing with Section 3500}of Chapter 8 of Division or financial assurances, cease all further mining activities. �d
<br /> 2 of Title 14 of the California Code of Regulations in (b)An order issued under subdivision(a)shall not take
<br /> effect at the time that the reclamation plan is submitted effect until the operator has been provided a hearing
<br /> to the director for review. before the lead agency for orders issued by the lead
<br /> (d) (1) The director shall have 30 days from the date agency, or board for orders issued by the director,
<br /> of receipt of a reclamation plan or plan amendments concerning the alleged violation. Any order issued under
<br /> submitted pursuant to subdivision (c), and 45 days from subdivision (a) shall specify which aspects of the surface
<br /> the date of receipt of financial assurances submitted mine's activities or operations are inconsistent with this
<br /> pursuant to subdivision(c),to prepare written comments, chapter,shall specify a time for compliance which the lead
<br /> if the director so chooses. The lead agency shall evaluate agency or director determines is reasonable, taking into
<br /> any written comments received from the director relating account the seriousness of the violation and any good
<br /> to the reclamation plan, plan amendments, or financial faith efforts to comply with applicable requirements, and
<br /> assurances within a reasonable amount of time. shall set a date for the hearing, which shall not be sooner
<br /> (21 The lead agency shall prepare a written response than 30 days after the date of the order. i 1
<br /> to the director's comments describing the disposition of (c) Any operator who violates or fails to comply with
<br /> the major issues raised. In particular, if the lead agency's an order issued under subdivision (a) after the order's
<br /> position is at variance with any of the recommendations effective date, as provided in subdivision (b), or who fails
<br /> made, or objections raised, in the director's comments, to submit a report to the director or lead agency as
<br /> the written response shall address,in detail, why specific required by Section 2207, shall be subject to an order by
<br /> comments and suggestions were not accepted. Copies the lead agency or the director imposing an administrative
<br /> of any written comments received and responses penalty of not more than five thousand dollars ($5,000)
<br /> prepared by the lead agency shall be forwarded to the per day, assessed from the original date of noncompliance
<br /> operator. with this chapter or Section 2207. The:penalty may be
<br /> (3)To the extent that there is a conflict between the imposed administratively by the lead agency or the
<br /> comments of a trustee agency or a responsible agency director. in determining the amount of the administrative
<br /> that are based on the agency's statutory or regulatory penalty, the lead agency or the director shall take into
<br /> authority and the comments of other commenting consideration the nature, circumstances, extent, and
<br /> agencies which are received by the lead agency pursuant gravity of the violation or violations, any prior history of
<br /> to Division 13 (commencing with Section 21000) violations, the degree of culpability, economic savings, if
<br /> regarding a reclamation plan or plan amendments, the any, resulting from the violation, and any other matters
<br /> lead agency shall consider only the comments of the justice may require. Orders setting administrative
<br /> trustee agency or responsible agency. penalties shall become effective upon issuance thereof and
<br /> (el Lead agencies shall notify the director of the filing payment shall be made to the lead agency or the director
<br /> of an application for a permit to conduct surface mining within 30 days, unless the operator petitions the
<br /> operations within 30 days of such an application being legislative body of the lead agency, the board, or the
<br /> filed with the lead agency. By July 1, 1991, each lead superior court for review as provided in Section 2774.2.
<br /> agency shall submit to the director for every active or idle Any order shall be served by personal service or by
<br /> mining operation within its jurisdiction, a copy of the certified mail upon the operator. Penalties collected by the
<br /> mining permit required pursuant to Section 2774, and director shall be used for no purpose other than to cover
<br /> any conditions or amendments to those permits. By July the reasonable costs incurred by the director in
<br /> 1 of each subsequent year, the lead agency shall submit implementing this chapter or Section 2207.
<br /> to the director for each active or idle mining operation a (d) If the lead agency or the director determines that
<br /> copy of any permit or reclamation plan amendments, as the surface mine is not in compliance with this chapter,so
<br /> applicable, or a statement that there have been no that the surface mine presents an imminent and
<br /> changes during the previous year. Failure to file with the substantial endangerment to the public health or the t�
<br /> 11 � 1
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