reglab/statecodes huggingface dataset:
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 10.5 - Selection of Professional Service Firms › Section 3736 - Exclusions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The provisions of this article shall not apply to service
						agreements for an architect, landscape architect, engineer, environmental
						specialist, land surveyor, or construction project management contractor,
						engaged to provide consulting services on specific problems on projects where
						the architectural, landscape architectural, engineering, environmental, land
						surveying, or construction project management work is being performed by State
						of California Civil Service employees.
1. New
						section filed 10-25-2000; operative 11-24-2000 (Register 2000, No.
						43).
Note: Authority cited: Section
						  4526,
						  Government Code. Reference: Section
						  4526,
						  Government Code.
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 - Financial Assurance Mechanisms › Section 3800 - Purpose

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
It is the purpose of this article to specify additional
						financial assurance mechanisms to assure reclamation pursuant to Public
						Resources Code Section
						2710
						et seq. (Surface Mining and Reclamation Act, as amended).
1. New
						article 10 and section filed 2-23-94 as an emergency; operative 2-23-94
						(Register 94, No. 8). A Certificate of Compliance must be transmitted to OAL by
						6-23-94 or emergency language will be repealed by operation of law on the
						following day.
2. Certificate of Compliance as to 2-23-94 order
						including renumbering of article heading transmitted to OAL 6-22-94 and filed
						8-3-94 (Register 94, No. 31).
Note: Authority cited: Section
						  2773.1,
						  Public Resources Code. Reference: Section
						  2773.1(e),
						  Public Resources Code.
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 - Financial Assurance Mechanisms › Section 3801 - Authority

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Review, approval, adjustment, enforcement, notification,
						forfeiture and all other responsibilities of the lead agency, operator and
						Division of Mine Reclamation with respect to financial assurances shall be
						conducted as prescribed in Public Resources Code Section
						2710 et seq. unless expressly
						outlined in this article.
Note: Authority cited: Section
						  2773.1,
						  Public Resources Code. Reference: Section
						  2773.1(e),
						  Public Resources Code.
Note: Authority cited: Section
						  2773.1,
						  Public Resources Code. Reference: Section
						  2773.1(e),
						  Public Resources Code.
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 - Financial Assurance Mechanisms › Section 3802 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The following definitions shall govern the interpretation
						of this article:
(a) "Budget Set
					 Aside" means a financial assurance mechanism, meeting the requirements of
					 Section 3806.2 of this article, by which a
					 government entity proposes to make specific identified monies within the
					 entity's budget available to perform reclamation pursuant to the approved
					 reclamation plan.
(b) "Financial
					 Assurance Cost Estimate" means the amount of money necessary to conduct and
					 complete reclamation on the mined lands in accordance with the approved
					 reclamation plan, plus a reasonable estimate of the administrative costs and
					 expenses which would be incurred by the lead agency or the Division of Mine
					 Reclamation, the total of which shall be calculated in accordance with section
					 3804, and shall constitute an
					 obligation to pay by the operator.
(c) "Financial Assurance Mechanism" means an
					 instrument, fund or other form of Financial Assurance as provided in Section
					 2773.1
					 of the Public Resources Code and this Article.
(d) "Pledge of Revenue" means a financial
					 assurance mechanism meeting the requirements of Section
					 3806.1, of this Article, by which
					 a governmental entity proposes to make specific, identified future revenue
					 available to perform reclamation pursuant to the approved reclamation
					 plan.
Note: Authority cited: Section
						  2755,
						  Public Resources Code. Reference: Section
						  2736,
						  Public Resources Code.
Note: Authority cited: Section
						  2755,
						  Public Resources Code. Reference: Section
						  2736,
						  Public Resources Code.
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 - Financial Assurance Mechanisms › Section 3803 - Financial Assurance Mechanisms

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Financial Assurance Mechanisms may take the form of any
						one or a combination of the following:
(a) For non-governmental entity operators:
(1) Surety bonds;
(2) Irrevocable letters of credit;
					 and
(3) Trust
					 funds;
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 - Financial Assurance Mechanisms › Section 3803.1 - Surety Bonds

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Surety bonds submitted as a Financial Assurance Mechanism
						shall be provided on an approved form set forth in California Code of
						Regulations, Title 11, Division 1, Chapter 2, Article 53. Copies of approved
						surety bond forms may be obtained by contacting the board.
1. New
						section filed 5-24-2018; operative 7-1-2018 (Register 2018, No.
						21).
Note: Authority cited: Sections
						  2755,
						  2773.1
						  and
						  2773.4,
						  Public Resources Code. Reference: Sections
						  2773.1(a)(1)
						  and
						  2773.4(e)(3),
						  Public Resources Code.
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 - Financial Assurance Mechanisms › Section 3803.2 - Irrevocable Letters of Credit

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Irrevocable Letters of Credit submitted as a Financial
						Assurance Mechanism shall be provided only from a financial institution
						authorized to do business in the State of California. The Irrevocable Letter of
						Credit shall be on, or attached to, the financial institution's letterhead and
						include the text on form ILoC-1 (3/24), which is hereby incorporated by
						reference. Non-substantial changes to the text of form ILoC-1 (3/24) may be
						made to accommodate the financial institution's business practices with respect
						to Irrevocable Letters of Credit, but shall not conflict with or materially
						alter form ILoC-1 (3/24) subject to the procedures set forth in Public
						Resources Code section 2773.4, subdivisions (e)(2)(A) and (B).
Note: Authority cited: Sections
						  2755,
						  2773.1
						  and
						  2773.4,
						  Public Resources Code. Reference: Sections
						  2773.1(a)(1)
						  and
						  2773.4(e)(3),
						  Public Resources Code.
Note: Authority cited: Sections
						  2755,
						  2773.1
						  and
						  2773.4,
						  Public Resources Code. Reference: Sections
						  2773.1(a)(1)
						  and
						  2773.4(e)(3),
						  Public Resources Code.
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 - Financial Assurance Mechanisms › Section 3803.3 - Trust Funds

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Trust funds in the form of Certificate of Deposits or
						other cash financial instruments submitted as Financial Assurance Mechanisms
						shall be on, or attached to, the financial institution's letterhead and include
						the text on form CD-1 ( 
						1/18 ),
						which is hereby incorporated by reference. Non-substantial changes to the text
						of form CD-1 ( 
						1/18 ) may
						be made to accommodate the financial institution's business practices with
						respect to the specific type of trust fund, but shall not conflict with or
						materially alter form CD-1 ( 
						1/18 )
						subject to the procedures set forth in Public Resources Code section
						2773.4,
						subdivisions (e)(2)(A) and (B). Certificate of Deposits or other cash financial
						instruments shall be provided only from federally insured depository
						institutions authorized to do business in the State of California using
						federally insured accounts.
1. New
						section filed 5-24-2018; operative 7-1-2018 (Register 2018, No.
						21).
Note: Authority cited: Sections
						  2755,
						  2773.1
						  and
						  2773.4,
						  Public Resources Code. Reference: Sections
						  2773.1(a)(1)
						  and
						  2773.4(e)(3),
						  Public Resources Code.
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 - Financial Assurance Mechanisms › Section 3804 - Calculation of Financial Assurance Amount

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
					 Financial Assurance Amount shall be calculated as prescribed in Public
					 Resources Code Section
					 2773.1
					 and based on:
(1) an analysis of the physical
					 activities and materials necessary to implement the approved reclamation
					 plan;
(2) the lead agency's unit
					 costs, or costs for third party contracting, for each of these activities, if
					 applicable;
(3) the number of units
					 of each of these activities, if applicable;
(4) a contingency amount not to exceed 10% of
					 the reclamation costs.
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 - Financial Assurance Mechanisms › Section 3805 - Review by the Division of Mine Reclamation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Pursuant to Section
						2773.4,
						Public Resources Code, the lead agency shall submit a copy of the proposed
						Financial Assurance and the Calculation of Financial Assurance Amount submitted
						by the operator pursuant to Section
						3804 to the supervisor of the
						Division of Mine Reclamation for review. With this submittal the lead agency
						shall include the information and documentation relied upon in calculating the
						amount of the proposed Financial Assurance and indicate to the supervisor that
						the Financial Assurance Amount is adequate for the lead agency or the Division
						of Mine Reclamation to conduct and complete reclamation on the mined lands in
						accordance with the approved reclamation plan. The supervisor shall have 45
						days, upon receipt, to prepare written comments regarding the proposed
						Financial Assurance, if he/she so chooses.
Note: Authority cited: Section
						  2774,
						  Public Resources Code. Reference: Section
						  2773.4(d),
						  Public Resources Code.
Note: Authority cited: Section
						  2774,
						  Public Resources Code. Reference: Section
						  2774(c),
						  (d), Public Resources
						  Code.
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 - Financial Assurance Mechanisms › Section 3805.1 - Financial Assurance Cost Estimates (Face) Form

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Financial Assurance Cost Estimate shall consist of
						form FACE-1 ( 
						6/18 ),
						which is hereby incorporated by reference.
1. New
						section filed 4-13-2017; operative 7-1-2017 (Register 2017, No.
						15).
2. Change without regulatory effect amending section and
						incorporated by reference form FACE-1 filed 7-19-2018 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2018, No. 29).
Note: Authority cited: Section
						  2755,
						  Public Resources Code. Reference: Sections
						  2770,
						  2773.1(a)(1)-(4)
						  and
						  2773.4,
						  Public Resources Code.
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 - Financial Assurance Mechanisms › Section 3805.5 - Modification or Release of Financial Assurance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Prior to the
					 modification of a financial assurance amount, or to the release of the
					 financial assurance instrument to which both the lead agency and the Department
					 of Conservation are co-beneficiaries under Public Resources Code section
					 2773.1,
					 the lead agency shall provide to the supervisor of the Division of Mine
					 Reclamation the following documents at one time:
(1) An inspection report, prepared by a
					 qualified person as provided for in Public Resources Code section
					 2774,
					 indicating that there are aspects of the surface mining operation that require
					 modification of the existing financial assurance amount, or stating that the
					 mined land has been reclaimed in accordance with the approved reclamation plan,
					 and that there are no aspects of the reclaimed surface mining operation that
					 are inconsistent with the meaning of reclamation as defined in Public Resources
					 Code section
					 2733,
					 and the Surface Mining and Reclamation Act of 1975, Chapter 9, commencing with
					 section 2710.
(2) A revised financial assurance cost
					 estimate prepared by the operator and accepted by the lead agency, or prepared
					 by the lead agency, in accordance with Public Resources Code section
					 2773.1,
					 with supporting documentation, indicating the specific cost changes to the
					 existing financial assurance amount, or indicating that there are no further
					 outstanding reclamation liabilities to be included in the financial
					 assurance.
(3) A statement by the
					 lead agency, with supporting documentation that may include the most recent
					 inspection report and any geological and engineering reports prepared as part
					 of the inspection report, that the mined land remains subject to a financial
					 assurance as modified, or that the mined land has been reclaimed in accordance
					 with the approved reclamation plan, that there are no outstanding reclamation
					 liabilities, and recommending to the supervisor that the financial assurance be
					 released.
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 - Financial Assurance Mechanisms › Section 3806 - Surface Mining Operations Owned and Operated by State or Local Governmental Entities

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In addition to the mechanisms provided in Public
						Resources Section
						2773.1 and this article, a
						financial assurance mechanism for reclamation for a surface mining operation
						owned and operated by the state, county, city, district, or other political
						subdivision may be in the form of a:
(a) Pledge of Revenue; or
(b) Budget Set Aside.
These financial assurance mechanisms may only be used by
						the state, county, city, district, or other political
						subdivision.
1. New
						section filed 2-23-94 as an emergency; operative 2-23-94 (Register 94, No. 8).
						A Certificate of Compliance must be transmitted to OAL by 6-23-94 or emergency
						language will be repealed by operation of law on the following
						day.
2. Certificate of Compliance as to 2-23-94 order transmitted to
						OAL 6-22-94 and filed 8-3-94 (Register 94, No.
						31).
Note: Authority cited: Section
						  2773.1,
						  Public Resources Code. Reference: Section
						  2773.1(e),
						  Public Resources Code.
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 - Financial Assurance Mechanisms › Section 3806.1 - Pledge of Revenue

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A pledge of
					 revenue shall consist of a resolution or other appropriate document from the
					 governing body of the state, county, city, district, or other political
					 subdivision responsible for reclamation of the mined lands pursuant to the
					 approved reclamation plans. The resolution or document shall remain effective
					 continuously throughout the period in which the pledge of revenue is used to
					 satisfy the requirements of Section
					 2773.1,
					 Public Resources Code.
(b) The
					 pledge of revenue shall contain the following items:
(1) The resolution or document establishing
					 the pledge of revenue;
(2) The
					 types and sources of pledged revenue;
(3) The period of time that each source of
					 revenue is pledged to be available;
(4) The calculation amount of the financial
					 assurance prepared pursuant to Section
					 3804; and
(5) The authorization for the lead agency or
					 the Division of Mine Reclamation to use the proceeds of the pledge to conduct
					 and complete reclamation if the lead agency or the Division of Mine Reclamation
					 determines that the operator is incapable of performing the reclamation covered
					 by the pledge pursuant to Section 2773.1(b).
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 - Financial Assurance Mechanisms › Section 3806.2 - Budget Set Aside

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A Budget Set
					 Aside shall consist of a specific fund or line item set aside by the state,
					 county, city, district or other political subdivision responsible for
					 reclamation of the mined lands. The Budget Set Aside shall remain effective
					 continuously throughout the period in which the Budget Set Aside is used to
					 satisfy the requirements of Section
					 2773.1,
					 Public Resources Code.
(b) The set
					 aside shall contain the following items:
(1) A
					 resolution or other appropriate document establishing the set aside or line
					 item including proof of approval by the governing body or appropriate official
					 of the state, county, city, district, or other political subdivision;
(2) The types and sources of specific
					 funds;
(3) The period of time that
					 each funding source is to be available:
(4) The calculation amount of the financial
					 assurance prepared pursuant to Section
					 3804; and
(5) The authorization for the lead agency or
					 the Division of Mine Reclamation to use the funds to conduct and complete
					 reclamation if the lead agency or the Division of Mine Reclamation determines
					 that the operator is incapable of performing the reclamation covered by the set
					 aside pursuant to Section 2773.1(b).
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 - Financial Assurance Mechanisms › Section 3806.3 - Acceptance of Liability

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An Acceptance of Liability shall consist
					 of a specific written statement by a Federal entity responsible for performing
					 reclamation that obligates that Federal entity for all costs associated with
					 the full reclamation of mined lands in accordance with the requirements of an
					 approved reclamation plan.
(b) The
					 Acceptance of Liability shall contain the following items:
(1) a duly authorized resolution, statement,
					 or other appropriate document that guarantees liability and obligates the
					 Federal entity to reclaim the mine site; and,
(2) a statement that if the Federal entity
					 ceases at any time to retain control of the mine operation, that the Federal
					 entity's Acceptance of Liability shall remain in effect until the succeeding
					 mine operator provides a financial assurance mechanism provided for in Public
					 Resources Code Section
					 2773.1
					 and this Article 11. In no event shall any succeeding mine operator commence
					 surface mining operations until a financial assurance mechanism is accepted by
					 the lead agency.
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 - Financial Assurance Mechanisms › Section 3806.5 - Surface Mining Operations Owned and Operated by a Federal Entity on State Owned Land

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In addition to the financial assurance mechanisms
						provided in Public Resources Code Section
						2773.1
						and this Article 11, a financial assurance mechanism for reclamation for a
						surface mining operation owned and operated on State lands by a Federal entity
						may be in the form of a:
(a) Pledge of
					 Revenue
(b) Budget Set
					 Aside
(c) Acceptance of
					 Liability
1. New
						section filed 1-28-2005; operative 2-27-2005 (Register 2005, No.
						4).
Note: Authority cited: Sections
						  2755
						  and
						  2773.1,
						  Public Resources Code. Reference: Section
						  2773.1,
						  Public Resources Code.
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 3810 - Purpose

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The purpose of this article is to define the procedures
						to be followed by the lead agency, or the Board acting at the request of the
						supervisor, or when the Board is acting as lead agency pursuant to Public
						Resources Code (PRC) Section
						2774.4 or Section
						2774.5, in determining whether a
						surface mine operator is financially incapable of performing reclamation in
						accordance with its approved reclamation plan, or has abandoned its surface
						mining operation without completing reclamation, and should therefore forfeit
						its financial assurance mechanism(s) pursuant to PRC Section
						2773.1(b).
1. New
						article 11.5 (sections
						3810-3817) and section filed
						10-3-2002; operative 11-2-2002 (Register 2002, No. 40).
2. Amendment
						of article heading and section 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
						  2773.1,
						  2774.4
						  and
						  2774.5,
						  Public Resources Code.
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 3812 - Public Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The determination by the lead agency or the Board that a
						surface mine operator is financially incapable of reclaiming according to an
						approved reclamation plan, or that an operator has abandoned a mine site
						without completing reclamation, shall be made during a public hearing. The
						hearing may be conducted as part of a regularly scheduled business meeting of
						the lead agency, or may be held during a special meeting. Where the Board is
						the lead agency, the Board may delegate the hearing to a committee composed of
						not less than 2 Board members selected by the Board's Chair or the Chair's
						designee. The determination of the Board committee shall be reported to the
						full Board for its action at its next meeting. In cases where the Board
						committee conducts the hearing, and the financial assurance mechanism may lapse
						or expire before the full Board receives the committee's determination, the
						committee may take any immediate action necessary to secure full seizure of the
						financial assurance mechanism(s).
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.
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 3813 - Hearing Procedure - Notice

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 The local lead agency shall provide at least 30-days prior notice of the public
					 hearing to the operator and the supervisor, in addition to any other provision
					 of its local ordinances.
(b) Where
					 the Board is the lead agency, at least 30-days prior to the hearing date,
					 public notice shall be given as follows:
(1)
					 Mailing the notice to the operator and to the supervisor;
(2) Mailing the notice to any person who
					 requests notice of the hearing;
(3)
					 Mailing the notice to the Board's regular mailing list; and,
(4) Mailing the notice to the city or county
					 jurisdiction within which the surface mining operation is
					 located.
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 3814 - Administrative Record

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The administrative record shall consist of, but not be
						limited to, the following:
(a) The
					 approved reclamation plan for the mining operation;
(b) The currently approved financial
					 assurance mechanism(s) in an amount certain;
(c) The surface mining operator's annual
					 reports for the 3 years immediately preceding the date of the
					 hearing;
(d) The most recently
					 approved financial assurance cost estimate;
(e) A copy of the last annual inspection
					 report conducted by the lead agency pursuant to PRC Section
					 2774,
					 and any other more recent inspection reports conducted by the lead agency or
					 the supervisor.
(f) Any other
					 report(s), analysis, testimony or documents from any local, state or federal
					 agency having jurisdiction over the mining operation that contain relevant
					 evidence relating to: the cost to complete reclamation in accordance with the
					 operation's approved reclamation plan; the operator's financial capacity to
					 complete reclamation in accordance with the operation's approved reclamation
					 plan; or, the abandonment of the surface mining operation.
1. New
						section filed 10-3-2002; operative 11-2-2002 (Register 2002, No.
						40).
2. Amendment of subsections (b)-(e) and new subsection (f)
						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
						  2773.1
						  and
						  2774,
						  Public Resources Code.
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 3815 - Criteria for Determining Financial Capability

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The lead agency or the Board shall use, but not be
						limited to, the following criteria when determining the financial capability of
						a mine operator to perform reclamation. It is the sole responsibility of the
						surface mine operator to provide the lead agency or the Board with sufficient
						information to reasonably demonstrate financial capability. An operator shall
						be found financially incapable if the lead agency or the Board makes any of the
						following findings:
(a) The operator
					 is incapable of providing, or refuses to provide, a financial assurance cost
					 estimate in an amount deemed adequate by the lead agency or the Board;
					 or,
(b) The operator is incapable
					 of providing, or refuses to provide, a financial assurance mechanism approved
					 by the Board in Section
					 3803 of this subchapter;
					 or,
(c) The operator is incapable
					 of providing or fails to provide sufficient evidence of financial capability
					 such that in light of all the evidence, it appears more likely than not that
					 the operator cannot fully complete reclamation in accordance with the
					 operator's approved reclamation plan; or,
(d) The lead agency, the Board, or the
					 supervisor, is unable to contact the mine operator or the mine's agent of
					 record after 90 days of the mine's becoming idle as defined in PRC Section
					 2727.1;
					 or,
(e) The mine operation meets
					 the criteria stated in PRC Section
					 2770(h)(6)
					 or there is sufficient evidence that the operator has physically abandoned the
					 mining operation.
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: Sections
						  2727.1,
						  2770
						  and
						  2773.1,
						  Public Resources Code.
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 3816 - Hearing Procedures - Sequence

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The public hearing conducted before the
					 Board shall normally proceed in the following manner; a local lead agency may
					 conduct the hearing sequence according to its locally adopted procedures:
(1) Identification of the record;
(2) Statements on behalf of the
					 supervisor;
(3) Statements on
					 behalf of the lead agency;
(4)
					 Statements on behalf of any other state or federal governmental entity holding
					 an interest in a financial guarantee related to the mining operation;
(5) Statements on behalf of the
					 operator;
(6) Statements on behalf
					 of the public;
(7) Rebuttal on
					 behalf of the supervisor;
(8)
					 Rebuttal on behalf of the lead agency;
(9) Rebuttal on behalf of any other state or
					 federal governmental entity holding an interest in a financial guarantee
					 related to the mining operation;
(10) Rebuttal on behalf of the operator;
					 and
(11) Motion to close the public
					 hearing.
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. 28, July 12, 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.
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 12 - Administrative Penalty Petition Procedures › Section 3900 - Purpose of Regulations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The regulations contained in this article govern
						procedures for petitions to the State Mining and Geology Board pursuant to
						Public Resources Code Section 2774.2 concerning the issuance of an
						Administrative Penalty by the supervisor of the Division of Mine
						Reclamation.
Note: Authority cited: Sections
						  2755
						  and
						  2774.2,
						  Public Resources Code. Reference: Section
						  2774.2,
						  Public Resources Code.
Note: Authority cited: Sections
						  2755
						  and
						  2774.2,
						  Public Resources Code. Reference: Section
						  2774.2,
						  Public Resources Code.
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 12 - Administrative Penalty Petition Procedures › Section 3901 - Filing of Petition/Notice of Defense

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Any person filing a petition to the Board pursuant to
						Public Resources Code Section
						2774.2
						concerning the issuance of an administrative penalty by the supervisor of the
						Division of Mine Reclamation shall, within 30 days of the date of issuance of
						the order setting an administrative penalty, file a petition/notice of defense
						with the Board requesting a hearing. The petition/notice of defense shall be on
						the form set forth in Section
						3911 of this article, or shall
						supply the following information to the Board. Failure to submit all the
						following documents within the 30 days filing period will result in an
						incomplete filing and an automatic rejection of the appeal.
(1) Written statements, with supporting
					 documentation, indicating specifically the basis for the petitioner's challenge
					 of the supervisor's order of administrative penalty;
(2) A written statement advising the Board of
					 the name, address and telephone number of the petitioner's representative, if
					 any;
Note: Authority cited: Sections
						  2755
						  and
						  2774.2,
						  Public Resources Code. Reference: Section
						  2774.2,
						  Public Resources Code.
Note: Authority cited: Sections
						  2755
						  and
						  2774.2,
						  Public Resources Code. Reference: Section
						  2774.2,
						  Public Resources Code.
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 12 - Administrative Penalty Petition Procedures › Section 3902 - Determination of Jurisdiction

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Chairman of the Board, or the Chairman's designee who
						is a Board member, shall determine within 15 days of receipt of the information
						required by Section
						3901 of this article, whether the
						petition is within the jurisdiction of the Board for the purpose of hearing the
						petition, and determine whether the petition's challenge raises substantial
						issues related to the validity of the allegations supporting the supervisor's
						order. If the Chairman finds, based upon the criteria stated in (a), (b), and
						(c) below, that the petition raises no substantial issues with respect to the
						supervisor's allegations contained in the order of administrative penalty, or
						has not been filed within statutory time limits, then the Chairman shall refuse
						to grant a hearing on the petition. In making these determinations, the
						Chairman shall consider the following:
(a) Whether the filing of the petition/notice
					 of defense with the Board is within the time limits stipulated in Public
					 Resources Code Section
					 2774.2;
(b) Whether the petition specifically relates
					 to the allegations contained in the supervisor's notice and order of
					 administrative penalty;
(c) Whether
					 prima facie documentation supporting the petition's position is reasonably
					 sufficient to substantiate the petition's challenge.
Note: Authority cited: Sections
						  2755
						  and
						  2774.2,
						  Public Resources Code. Reference: Section
						  2774.2,
						  Public Resources Code.
Note: Authority cited: Sections
						  2755
						  and
						  2774.2,
						  Public Resources Code. Reference: Section
						  2774.2,
						  Public Resources Code.
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 12 - Administrative Penalty Petition Procedures › Section 3903 - Administrative Record

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Administrative Record shall consist of the record
						before the supervisor, evidence submitted on behalf of the petitioner, any
						other relevant evidence which, in the judgment of the Board, should be
						considered applicable, and evidence presented during the hearing on the
						petition.
Note: Authority cited: Sections
						  2755
						  and
						  2774.2,
						  Public Resources Code. Reference: Section
						  2774.2,
						  Public Resources Code.
Note: Authority cited: Sections
						  2755
						  and
						  2774.2,
						  Public Resources Code. Reference: Section
						  2774.2,
						  Public Resources Code.
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 12 - Administrative Penalty Petition Procedures › Section 3904 - Hearing Procedures-Scheduling

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Board shall schedule and hold a public hearing on a
						petition no later than 60 days from the Chairman's acceptance of the petition,
						or at such time as may be mutually agreed upon by the Board and the petitioner.
						The hearing may be conducted as part of a regular business meeting of the
						Board, or may be conducted by a committee of the Board. The Board shall
						endeavor to schedule such public hearings in or near the jurisdiction from
						which the petition originated, but may otherwise schedule such petitions to be
						heard in Sacramento.
1. New
						section filed 4-2-98; operative 4-2-98 (Register 98, No. 14). This interim
						regulation is exempt from most of the procedural requirements of the
						Administrative Procedure Act (specifically, from Articles 5 and 6 of Chapter
						3.5, Division 3, Title 2, Government Code) and from review by the Office of
						Administrative Law pursuant to Government Code sections
						11400.20
						and will expire on December 31, 1998, unless earlier terminated or replaced by,
						or readopted as, permanent following the procedures of the Administrative
						Procedure Act.
2. New section refiled 11-16-98 as a permanent
						regulation; operative 12-16-98 (Register 98, No.
						47).
Note: Authority cited: Sections
						  2755
						  and
						  2774.2,
						  Public Resources Code. Reference: Section
						  2774.2,
						  Public Resources Code.
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 12 - Administrative Penalty Petition Procedures › Section 3905 - Hearing Procedures-Authority for Delegation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Board may delegate conduct of the hearing to a
						committee composed of three members of the Board, who shall consist of either
						the Chairman or Vice Chairman of the Board, and two other members of the Board
						selected by the Chairman. The Chairman or Vice Chairman shall conduct the
						hearing. The record of the hearing and the recommendations of the committee
						shall be presented to a quorum of the Board at its next regular business
						meeting for a decision of the full Board consistent with the procedures set
						forth in Section
						3910 of this
						article.
1. New
						section filed 4-2-98; operative 4-2-98 (Register 98, No. 14). This interim
						regulation is exempt from most of the procedural requirements of the
						Administrative Procedure Act (specifically, from Articles 5 and 6 of Chapter
						3.5, Division 3, Title 2, Government Code) and from review by the Office of
						Administrative Law pursuant to Government Code sections
						11400.20
						and will expire on December 31, 1998, unless earlier terminated or replaced by,
						or readopted as, permanent following the procedures of the Administrative
						Procedure Act.
2. New section refiled 11-16-98 as a permanent
						regulation; operative 12-16-98 (Register 98, No.
						47).
Note: Authority cited: Sections
						  2755
						  and
						  2774.2,
						  Public Resources Code. Reference: Section
						  2774.2,
						  Public Resources Code.
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 12 - Administrative Penalty Petition Procedures › Section 3906 - Hearing Procedures - Notice

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) At least 10
					 days prior to the hearing, the Board shall give public notice as follows:
(1) Mailing or delivering by personal service
					 the notice to the petitioner and to the petitioner's lead agency;
(2) Mailing or delivering by personal service
					 the notice to the supervisor of the Division of Mine Reclamation.
(3) Mailing the notice to any person who
					 requests notice of the petition or hearing; and,
(4) Mailing the notice to the Board's regular
					 mailing list.
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 12 - Administrative Penalty Petition Procedures › Section 3907 - Hearing Procedures-Record

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The record before the Board at the public hearing shall
						be the administrative record submitted pursuant to Sections
						3901,
						3902, and
						3903 of this
						article.
1. New
						section filed 4-2-98; operative 4-2-98 (Register 98, No. 14). This interim
						regulation is exempt from most of the procedural requirements of the
						Administrative Procedure Act (specifically, from Articles 5 and 6 of Chapter
						3.5, Division 3, Title 2, Government Code) and from review by the Office of
						Administrative Law pursuant to Government Code sections
						11400.20
						and will expire on December 31, 1998, unless earlier terminated or replaced by,
						or readopted as, permanent following the procedures of the Administrative
						Procedure Act.
2. New section refiled 11-16-98 as a permanent
						regulation; operative 12-16-98 (Register 98, No.
						47).
Note: Authority cited: Sections
						  2755
						  and
						  2774.2,
						  Public Resources Code. Reference: Section
						  2774.2,
						  Public Resources Code.