If the Public Works Department determines that the owner of a surface mining operation is financially incapable of performing reclamation in accordance with the approved reclamation plan, or has abandoned Its surface mining operation without commencing reclamation, the Department shall do the following:
(A) Notify the operator by personal service or certified mail that the Public Works Department intends to take appropriate action to forfeit the financial assurances. Such notification shall specify the reasons for forfeiting the financial assurances.
(B) Allow the operator 60 days to commence or cause the commencement of reclamation in accordance with the approved reclamation plan. Reclamation shall be completed within the time limits specified in the approved reclamation plan or some other time period mutually agreed upon by the Public Works Department and the operator.
(C) Take appropriate action to require forfeiture of the financial assurances if the operator does net substantially comply with division (B) of this section.
(D) Use the proceeds from the forfeited financial assurances to conduct and complete reclamation in accordance with the approved reclamation plan. In no event shall the financial assurances be used for any other purpose. The operator shall be responsible for the costs of conducting and completing reclamation in accordance with the approved reclamation plan which are in excess of the proceeds from the forfeited financial assurances.
(`83 Code, § 15.30.550) (Ord. 97-03 § 1, 1997)