§ 2777.5. — 2777.5. (Amended by Stats. 2017, Ch. 521, Sec. 47.)

California § 2777.5.

• Jurisdiction: California
• Code PRC: Public Resources Code - PRC
• Div. 2.: DIVISION 2. GEOLOGY, MINES AND MINING
• Ch. 9.: CHAPTER 9. Surface Mining and Reclamation Act of 1975
• Art. 5.: ARTICLE 5. Reclamation Plans and the Conduct of Surface Mining Operations

Text

(a)
An operator who has failed to properly report a mine’s mineral production or mine status in any previous year, pursuant to the annual reporting requirement in Section 2207, prior to January 1, 2012, may attach corrected annual reports to the 2012 annual report so long as the corrected annual reports are submitted on or before July 1, 2013, and if the lead agency confirms in writing to the department all of the following:
(1)
The operator has provided written notification to the lead agency and the supervisor of their intention to continue surface mining operations.
(2)
The operator has an existing, valid permit or a
vested right to conduct surface mining operations pursuant to Section 2776.
(3)
(A)
The operator’s reclamation plan has been approved and is in compliance with this chapter, the surface mining operation is in compliance with the approved reclamation plan or applicable compliance order issued pursuant to this chapter, the surface mining operation has an approved financial assurance in place that the lead agency determines is adequate for reclamation pursuant to the approved reclamation plan, and the surface mining operation has been inspected by the lead agency as provided by Section 2774.
(B)
The Division of Mine Reclamation may enter any mine site for which an operator has requested a correction of mine status or a return to idle status pursuant to this
section in order to conduct an inspection.
(4)
The operator has demonstrated that there are commercially useful mineral reserves remaining at the surface mining operation.
(5)
Unpaid fees for years during which the operation’s status was not properly reported have been paid to the department.
(6)
The operator provides evidence to support any modified production reported on corrected annual reports.
(b)
A mining operation that became idle, as defined in Section 2727.1, that failed to prepare and have approved an interim management plan and was thus considered abandoned pursuant to paragraph (6) of subdivision (h) of Section 2770 prior to January 1, 2013, may, without
prejudice, be returned to idle status at the request of the operator if an interim management plan is approved by July 1, 2013, and upon lead agency verification of compliance with subdivision (a).
(c)
The mine operator shall be responsible for the reasonable
costs of an inspection conducted by the Division of Mine Reclamation pursuant to subparagraph (B) of paragraph (3) of subdivision (a).

Legislative History

Amended by Stats. 2017, Ch. 521, Sec. 47. (SB 809) Effective January 1, 2018.