17.20.100  FINANCIAL ASSURANCES FOR RECLAMATION PLANS.
   .010   In order to ensure that reclamation will proceed in accordance with the approved reclamation plan, the City shall require as a condition of approval one or more forms of security which will be released upon satisfactory performance.  The applicant may post security in the form of a corporate surety bond, trust fund, irrevocable letter of credit from an accredited financial institution, a certificate of time deposit as part of an approved trust fund, or other method acceptable to the City and the Department of Conservation as specified in statewide regulations adopted by the State Mining and Geology Board.  Financial assurances shall be made payable to the City of Anaheim and the Department of Conservation.
   .020   Financial assurances shall be required to ensure compliance with elements of the reclamation plan including but not limited to revegetation and landscaping requirements, restoration of aquatic or wildlife habitat, protection of archeological sites, restoration of water bodies and water quality, slope stability and erosion and drainage control, disposal of hazardous materials, and other mitigation measures.  Financial assurances for such elements of the reclamation plan shall be monitored by the Planning Department.
   .030   The amount of the financial assurances shall be based upon the estimated costs of reclamation for those portions of land disturbed and not yet reclaimed, or phases as stipulated to in the reclamation plan, including any maintenance of reclaimed areas as may be required.  Cost estimates shall be prepared by a licensed engineer and/or other qualified professional retained by the operator and approved by the City Planning Director.  Prior to City approval, the Planning Department shall forward a copy of the cost estimates to the Director of the Department of Conservation for review.  The Director shall have forty five days from the time he or she is first notified to review the cost estimates and prepare written comments, if the Director so chooses.  Financial assurances may be based upon estimates including but not necessarily limited to the volume of earth moved (cubic yards) for each year or phase of reclamation.  Financial assurances to ensure compliance with revegetation, restoration of water bodies, restoration of aquatic or wildlife habitat, and any other applicable element of the reclamation plan shall be based upon cost estimates that include but may not be limited to labor, equipment, materials, mobilization of equipment, administration, and reasonable profit by a commercial operator other than the permittee.
   .040   In projecting the costs of financial assurances, it shall be assumed without prejudice or insinuation  that  the surface mining  operation could  be abandoned by an operator and, consequently, the city or state may contract with a third-party commercial company for mobilization and reclamation of the site.
   .050   Where reclamation is accomplished in annual increments, the amount of financial assurances required for any one year shall be adjusted annually and shall be adequate to cover the full estimated costs of reclamation of any land projected to be in a disturbed condition from mining operations by the end of the following year.  The estimated costs shall be in the amount required to complete the reclamation on all areas that will not be subject to further disturbance, and to provide interim reclamation, as necessary, for any partially excavated areas in accordance with the reclamation plan.  Financial assurances for each year shall be released upon successful completion of reclamation (including any maintenance required) of all areas that will not be subject to further disturbance and upon the operator filing additional financial assurances for the succeeding year.  Financial assurances for all subsequent years of the operation shall be handled in the same manner.
   .060   Financial assurances for reclamation that is accomplished in multiple-year phases shall be handled in the same manner as described for annual reclamation.  (Ord. 5699 § 1 (part); September 21, 1999.)