The Nickel Report

The Division of Mine Reclamation (DMR) has announced it will be taking “heightened efforts” to enforce regulatory compliance under the California Surface Mining and Reclamation Act (SMARA), the state’s comprehensive surface mining and reclamation program.  DMR’s objective is to “enable the highest standards of regulatory compliance and equity”.

DMR will focus on two specific enforcement priorities.

First, DMR will issue administrative penalties to operators that fail to timely submit Annual Reports and associated fees. As a reminder, Annual Reports are due July 1, 2024.

Second, DMR plans to conduct “rigorous review and inspection” of operators who fail to submit adequate Financial Assurance Cost Estimates backed with a current Financial Assurance Mechanism (reclamation bond). 

Operators not in compliance with SMARA may be subject to administrative penalties or an order to cease operations, among other things.

A copy of DMR’s announcement is available here.  Contact Martin Stratte at mstratte@huntonak.com with questions about DMR’s enforcement announcement, Annual Reporting, or SMARA compliance.