If, after conducting the inspections required by § 19.20.030, the Planning Director finds that the reclamation plan is not being followed and completed as approved, the mining operator shall be so notified and given a reasonable period of time in which to comply with the reclamation plan or to submit an acceptable revised reclamation plan, not to exceed 90 days. If at the end of that period of time the reclamation plan is still not being followed and completed as approved, and no acceptable revised reclamation plan has been filed with the Planning Director, the Director shall so notify the mining operator and set the matter for public hearing before the Commission in accordance with the procedures set forth in §§ 19.08.020 and 19.08.030.
(A) At the public hearing, the Commission shall determine whether the mining operator is complying with the reclamation plan. If the Commission finds that the operator is not in compliance, the Commission may revoke the operator’s permit or, as an alternative, suspend the permit pending the filing of an acceptable revised reclamation plan with the Planning Director. The determination whether to revoke or suspend the permit shall be based on such factors as the nature and extent of the operator’s noncompliance with the reclamation plan, the number and degree of past instances of noncompliance and the likelihood of future compliance with a revised reclamation plan. The decision of the Commission may be appealed to the Council in accordance with the procedures set forth in § 19.08.080.
(B) No revised reclamation plan prepared and submitted pursuant to this section shall be acceptable by the Planning Director unless it is so structured that the goals of the original reclamation plan will be met within a reasonable period of time.
(C) Unless otherwise directed by the Commission or the Council, the Planning Director shall not accept a revised reclamation plan prepared pursuant to this section, unless it is accompanied by a valid, recordable lien in the amount of the cost of the reclamation called for by the plan, which lien shall be enforceable against the property covered by the revised plan. The lien shall not be released or reduced until the revised reclamation plan has been satisfactorily completed.
(D) (1) In lieu of a lien, the mining operator may post a security bond in the amount of the cost of the first stage of the revised reclamation plan with the Planning Director. The bond may be in the form of:
(a) A bond or bonds by one or more duly authorized sureties; or
(b) A deposit of money or negotiable bonds of the kind approved for securing deposits of public moneys; or
(c) An instrument of credit from one or more financial institutions subject to regulation by the state or federal government and pledging that the funds necessary to carry out the plan are on deposit and guaranteed for payment.
(2) Upon the completion of one stage of the revised reclamation plan, the security bond covering that stage shall be released upon the filing of an additional security bond covering the cost of the succeeding stage of the revised plan.
(`78 Code, § 19.20.040.) (Ord. 1835 § 1 (part), 1987.)