§ 19-74. Security.
(a)
Establishment.
(1)
No MOPA shall become effective until the operator has deposited with the county an acceptable form of security for required reclamation.
(2)
Security shall be provided for all areas approved for disturbance in the MOPA and for those areas which have previously been disturbed for mining, are not yet reclaimed, and are not otherwise determined to have been governed for reclamation under section 19-5(a) of this chapter.
(3)
The following conditions shall be set on the security:
a.
The security must be continuous in nature and shall remain in force until canceled by the surety or released from coverage by the board pursuant to this chapter.
b.
Cancellation of the security shall be effectuated only upon sixty (60) days' prior written notice thereof to the board and to the operator. The operator must replace the security prior to the expiration and if it is not replaced, it will be deemed a default and the county shall have the rights to the proceeds.
c.
The applicant shall have the option of filing separate security for each operating approval or of filing blanket security covering all mining operations within the county for which he holds approvals.
d.
The security shall be for the following amounts:
1.
For areas disturbed prior to this chapter and not otherwise governed for reclamation under section 19-5(a) of this chapter: Amounts specified in the 1978 ordinance.
2.
For areas disturbed in accordance with the issuance of a mining operation plan approval (MOPA): One hundred (100) percent of a qualified professional's cost estimate of reclamation costs, with that qualified professional's estimate being acceptable to the department.
e.
The security shall be conditioned upon the faithful performance of the requirements set forth in this chapter. Liability under the security shall be maintained as long as reclamation is not completed in compliance with the approved reclamation plan or until the security is reduced or released pursuant to section 19-74(b) of this chapter.
f.
Notification shall be given upon completion of compliance or upon acceptance by the county of a replacement security. In no event shall the liability of the security exceed the amount of the security required by this chapter.
g.
If the license to do business in the State of Florida of any security filed pursuant to this act should be suspended or revoked, the operator shall, within sixty (60) days after receiving notice thereof, substitute for such security a good and sufficient corporate security authorized to do business in the State of Florida. Upon failure of the operator to make such substitution, his MOPA shall automatically be suspended.
(4)
Acceptable security will include one of the following:
a.
Cash, surety acceptable to the county and licensed to do business in the State of Florida, certificates of deposit, negotiable securities or the assignment of a savings account.
b.
A lien against undisturbed or reclaimed land that is not part of the MOPA and has an appraised value of at least one hundred (100) percent of the required reclamation security, provided that such land is acceptable to the board.
c.
Such other form of security acceptable to the board.
(b)
Reduction. Reduction in security may be permitted by the methods outlined below. The reduction in security shall last for the life of the MOPA, but shall not affect the operator's obligation to complete scheduled reclamation.
(1)
The donation of property acceptable to the board which has an appraised value of at least the cost of a surety for the estimated period for reclamation.
(2)
The reclamation of an area acceptable to the county determined to be governed under section 19-5(a) of this chapter. The operator shall provide the department with both the projected and actual cost of the reclamation. The reduction in security will be determined by equating the actual cost of the reclamation performed with the cost of a surety for the estimated period of reclamation.
(3)
An additional environmental mitigation program acceptable to the county where the actual costs of the mitigation are at least equal to the cost of a surety for the estimated period for reclamation.
(c)
Release.
(1)
The board shall provide the operation with a written release of its reclamation obligations on the approved reclamation areas, and shall release ninety (90) percent of any security which the operator has posted in accordance with this chapter. Ten (10) percent will be retained by the county in order to ensure the viability of the plantings.
(2)
The land will be inspected by the department every year for a period of two (2) years to determine an eighty-percent survivability rate of the plantings. If necessary, replantings will be required. At the end of the two-year inspection period, a release of the remaining security will be granted, provided that the plantings and/or replantings are acceptable to the department.
(d)
Forfeiture.
(1)
If, at any time after having received notice of deficiencies, an operator fails to initiate corrective action or show cause for not taking such action within the thirty-day period immediately following receipt of notice, the county may initiate forfeiture proceedings against the security filed by the operator under this chapter. Such failure may also constitute grounds for the suspension or revocation of the MOPA.
(2)
If the county determines that security forfeiture proceedings are necessary, the following procedure will apply:
a.
The county attorney will initiate proceedings against the security filed by the operator.
b.
No request shall be made for forfeiture of security until written notice of the violation has been given and a reasonable opportunity has been provided to take corrective action.
c.
The face amount of the security, less any amount released by the county, shall be treated as liquidated damages and subject to forfeiture.
d.
All funds collected as a result of such proceedings shall be placed in a special fund to be used by the county through its authorized representatives to carry out, to the extent possible, the reclamation measures the operator failed to complete.
e.
Any funds not utilized when reclamation has been completed shall be refunded to the party from whom they were collected.
f.
Any funds collected pursuant to this section shall be utilized or obligated for reclamation within three (3) years of collection of the funds or within three (3) years of the conclusion of any judicial proceedings, whichever comes later.
g.
Any funds collected but not utilized or obligated within this time period shall be returned to the party from whom they were collected.
(Ord. No. 93-13, § D-4, 6-29-93)