Prior to final approval of reclamation by the County and the release of financial assurances, if a reclaimed site or any reclaimed phases thereof have been adversely affected by a disaster, such as flood, earthquake, or other natural occurrence beyond the operator’s control, then the Director shall take the following factors into account in determining the operator’s responsibility:
(a) The extent to which the operator had completed reclamation prior to the natural occurrence;
(b) The extent to which the reclamation work has been destroyed by the natural occurrence;
(c) The effect of the natural occurrence on the public health and safety;
(d) The degree to which the site can be reclaimed naturally without human intervention;
(e) The specific reasons a particular monitoring period was established for reclamation; and,
(f) The site characteristics, reclamation program, and the proposed end use.
The operator may not be held responsible for the adverse impacts caused by a natural occurrence if the reclamation has been approved and the financial assurances released by the County. (§ 1, Ord. 1191, eff. September 5, 1996)