Cal. Code Regs. tit. 14 § 3815

Current through Register 2024 Notice Reg. No. 49, December 6, 2024

Section 3815 - Criteria for Determining Financial Capability

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.

Cal. Code Regs. Tit. 14, § 3815

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.

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.