California Public Resources Code ARTICLE 5 - Reclamation Plans and the Conduct of Surface Mining Operations

• Section 2770.
  (a) Except as provided in this section, a person shall not conduct surface mining operations unless a permit is obtained from, a reclamation plan has been...
• Section 2770.1.
  For the purposes of a borrow pit surface mining operation that is owned or operated by a lead agency solely for use by that lead...
• Section 2770.5.
  Whenever surface mining operations are proposed in the 100-year flood plain for any stream, as shown in Zone A of Flood Insurance Rate Maps issued...
• Section 2770.6.
  (a) Whenever surface mining operations are proposed within the boundaries of the San Gabriel Basin Water Quality Authority that may penetrate the groundwater, and whenever proposed...
• Section 2771.
  Whenever a proposed or existing surface mining operation is within the jurisdiction of two or more public agencies, is a permitted use within the agencies,...
• Section 2772.
  (a) The reclamation plan shall be filed with the lead agency, on a form provided by the lead agency, by any person who owns, leases, or...
• Section 2772.1.
  (a) (1) Prior to approving a surface mining operation’s reclamation plan or plan amendment, the lead agency shall submit the reclamation plan or plan amendment to the...
• Section 2772.5.
  (a) A reclamation plan by any person who owns, leases, or otherwise controls or operates on all, or any portion of any, mined lands within the...
• Section 2772.6.
  (a) In addition to meeting the requirements of Section 2773.1, the financial assurance cost estimate required of a surface mining operation within the boundaries of the...
• Section 2772.7.
  (a) A lead agency, upon approval of a reclamation plan or an amendment to a reclamation plan, shall record a “Notice of Reclamation Plan Approval” with...
• Section 2773.
  (a) The reclamation plan shall be applicable to a specific piece of property or properties, shall be based upon the character of the surrounding area and...
• Section 2773.1.
  (a) Lead agencies shall require financial assurances of each surface mining operation to ensure reclamation is performed in accordance with the surface mining operation’s approved reclamation...
• Section 2773.1.5.
  (a) Notwithstanding subdivision (e) of Section 2773.1, a financial assurance mechanism may include corporate financial tests combined with surety bonds, irrevocable letters of credit, or trust...
• Section 2773.15.
  Notwithstanding Section 2773.1, a surety bond that was executed by any personal surety that was approved by the lead agency prior to February 13, 1998,...
• Section 2773.2.
  The mineral owner and owner of the surface estate, if legally entitled to do so, shall allow access to the property on which the mining...
• Section 2773.3.
  (a) In addition to other reclamation plan requirements of this chapter and regulations adopted by the board pursuant to this chapter, a lead agency may not...
• Section 2773.4.
  (a) (1) Prior to approving the financial assurance cost estimate for a new reclamation plan or adjustments to the financial assurance cost estimate based on an amendment...
• Section 2773.5.
  Section 2773.3 does not apply to either of the following:(a) Any surface mining operation in existence on January 1, 2003, for which the lead agency has...
• Section 2774.
  (a) Every lead agency shall adopt ordinances in accordance with state policy that establish procedures for the review and approval of reclamation plans and financial assurances...
• Section 2774.1.
  (a) (1) Except as provided in subdivision (i) of Section 2770, if the lead agency or the supervisor determines, based upon an annual inspection pursuant to Section...
• Section 2774.2.
  (a) Within 30 days of the issuance of an order setting administrative penalties under subdivision (c) of Section 2774.1, the operator may petition the legislative body...
• Section 2774.3.
  The board shall review lead agency ordinances which establish permit and reclamation procedures to determine whether each ordinance is in accordance with state policy, and...
• Section 2774.4.
  (a) The board shall exercise some or all of a lead agency’s powers under this chapter pursuant to subdivision (c), except for permitting authority and vested...
• Section 2774.5.
  (a) If, upon review of an ordinance, the board finds that it is not in accordance with state policy, the board shall communicate the ordinance’s deficiencies...
• Section 2775.
  (a) An applicant whose request for a permit to conduct surface mining operations in an area of statewide or regional significance has been denied by a...
• Section 2776.
  (a) No person who has obtained a vested right to conduct surface mining operations prior to January 1, 1976, shall be required to secure a permit...
• Section 2777.
  Amendments to an approved reclamation plan may be submitted detailing proposed changes from the original plan. Substantial deviations from the original plan shall not be...
• Section 2777.3.
  (a) The construction and operation of a renewable energy generation facility on disturbed mined lands, including all foundations and other installations, facilities, buildings, accessory structures, and...
• Section 2777.5.
  (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...
• Section 2778.
  (a) Reclamation plans, reports, applications, and other documents submitted pursuant to this chapter are public records, unless it can be demonstrated to the satisfaction of the...
• Section 2779.
  Whenever one operator succeeds to the interest of another in any incompleted surface mining operation by sale, assignment, transfer, conveyance, exchange, or other means, the...

Last modified: October 22, 2018