(A) If the director determines that an operator is financially incapable of performing reclamation in accordance with the approved reclamation plan, or has abandoned its surface mining operation without commencing reclamation, the director shall do the following:
(1) Notify the operator by personal service or certified mail that the city intends to take appropriate action to forfeit the financial assurances. Such notification shall specify the reasons for forfeiting the financial assurances.
(2) 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 such other time period as is mutually agreed by the director and the operator.
(3) Take appropriate action to require forfeiture of the financial assurances if the operator does not substantially comply with subdivision (2) of this section.
(4) 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 that are in excess of the proceeds from the forfeited financial assurances.
(B) Upon determining that reclamation has been completed in accordance with the approved reclamation plan, the director shall release financial assurances for that surface mining operation. The director shall give written notice of the release of the financial assurances to the operator and to the State Department of Conservation.
(Ord. No. 2579)