(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 to a reclamation plan, the lead agency shall submit the financial assurance cost estimate to the supervisor for review. (2) The lead agency shall provide the supervisor with a determination that the financial assurance cost estimate submitted pursuant to paragraph (1) is adequate, complete, and consistent with Section 2773.1, Article 11 (commencing with Section 3800) of Subchapter 1 of Chapter 8 of Division 2 of Title 14 of the California Code of Regulations, and the boardâs financial assurance guidelines adopted pursuant to subdivision (f) of Section 2773.1. (3) All documentation submitted to the supervisor pursuant to this subdivision shall be submitted at one time. (b) No later than 15 days after receiving a financial assurance cost estimate, the supervisor shall notify the lead agency and the operator if the submission is incomplete. An incomplete submission is one that does not meet the content requirements of Section 2773.1, Article 11 (commencing with Section 3800) of Subchapter 1 of Chapter 8 of Division 2 of Title 14 of the California Code of Regulations, and the boardâs financial assurance guidelines adopted pursuant to subdivision (f) of Section 2773.1. The supervisorâs notice shall specifically identify all aspects of the submission that are incomplete. The supervisorâs time to review the financial assurance cost estimate shall commence upon the receipt of a submission that contains the aspects identified in the supervisorâs notice to the lead agency. (c) (1) The supervisor shall have 45 days from the date of receipt of a complete financial assurance cost estimate to prepare written comments if the supervisor chooses. (2) The lead agency shall evaluate written comments received from the supervisor relating to the financial assurance cost estimate within a reasonable amount of time. The lead agency shall prepare a written response to the supervisorâs comments describing the disposition of the major issues raised by the supervisorâs comments. (3) The lead agency shall submit its proposed response to the supervisor at least 30 days prior to approval of the financial assurance cost estimate. The lead agencyâs response shall include either of the following: (A) A description of how the lead agency proposes to adopt the supervisorâs comments to the financial assurance cost estimate. (B) A detailed description of the reasons why the lead agency proposes to not adopt the supervisorâs comments. (4) Copies of any written comments received and responses prepared by the lead agency shall be forwarded to the operator. (5) (A) If the lead agency, in its written response to the supervisorâs comments, proposes to not adopt the supervisorâs comments relating to the financial assurance cost estimate, the supervisor, within 15 days of receipt of the lead agencyâs written response, may request in writing a consultation with the lead agency to discuss the supervisorâs comments and the lead agencyâs response. The request shall include an invitation to the operator to participate in the consultation. The consultation may be conducted in person, electronically, telephonically, or by any means convenient to the parties. (B) If the supervisor requests a consultation pursuant to this subdivision, the lead agency shall not approve the financial assurance cost estimate until after consulting with the supervisor. The consultation shall occur not later than 30 days after the supervisorâs request unless an alternate timeframe is mutually agreed upon by the supervisor, lead agency, and operator. (6) (A) The lead agency shall give the supervisor at least 30 daysâ notice of the time, place, and date of the hearing at which the financial assurance cost estimate is scheduled to be approved by the lead agency. If no hearing is required by this chapter,
‹ Prev All California sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.