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. 28, July 12, 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.