Chapter 8.36
MINING AND RECLAMATION
Sections:
8.36.040 Permit and reclamation plan requirement.
8.36.010 Purpose and intent.
A. This chapter is adopted pursuant to the California Surface Mining and Reclamation Act of 1975, Chapter 9, Public Resources Code.
B. The council finds and declares that the extraction of minerals is essential to the continued economic well-being of the city and to the needs of the society, and that the reclamation of mined lands is necessary to prevent or minimize adverse effects on the environment and to protect the public health and safety.
C. The council further finds that the reclamation of mined lands as provided in this chapter will permit the continued mining of minerals and will provide for the protection and subsequent beneficial use of the mined and reclaimed land.
D. The council further finds that surface mining takes place in diverse areas where the geologic, topographic, climatic, biological and social conditions are significantly different and that reclamation operations and the specifications therefore may vary accordingly. (Ord. 299 §1, 1989)
8.36.020 Definitions.
For the purposes of this chapter, the words and terms set out in this section shall have the following meanings:
A. "Exploration" or "prospecting" means the search for minerals by geological, geophysical, geochemical, or other techniques, including, but not limited to, sampling, assaying, drilling or any surface or underground works needed to determine the type, extent or quantity of minerals present.
B. "Mined lands" includes the surface, subsurface and groundwater of an area in which surface mining operations will be, are being or have been conducted, including private ways and roads appurtenant to any such area, land excavations, working, mining waste, and areas in which structures facilities, equipment, machines, tools, or other materials or property which result from, or are used in, surface mining operations are located.
C. "Minerals" means any naturally occurring chemical element or compound, or groups of elements and compounds, formed from inorganic processes and organic substances, including, but not limited to, coal, peat and bituminous rock, but excluding geothermal resources, natural gas and petroleum.
D. "Mining waste" includes the residual of soil, rock, mineral, liquid, vegetation, equipment, machines, tools or other material or property directly resulting from, or displaced by, surface mining operations.
E. "Operator" means any person who is engaged in surface mining operations, himself or who contracts with others to conduct operations on his behalf.
F. "Overburden" means soil, rock or other materials that lie above a natural mineral deposit or in between deposits, before or after their removal, by surface mining operations.
G. "Permit" means any formal authorization from, or approved by, the city, the absence of which would preclude surface mining operations.
H. "Person" means any individual, firm, association, corporation, organization, or partnership, or any city, county, district, or the state or any department or agency thereof.
I. "Reclamation" means the process of land treatment that minimizes water degradation, air pollution, damage to aquatic or wildlife habitat, flooding, erosion, and other adverse effects from surface mining operations, including adverse surface effects incidental to underground mines, so that mined lands are reclaimed to a usable condition which is readily adaptable for alternate land uses and create no danger to public health or safety. The process may extend to affected lands surrounding mined lands, and may require backfilling, grading, resoiling, revegetation, soil compaction, stabilization, or other measures.
J. "State Board" means the State Mining and Geology Board, in the Department of Conservation, state of California.
K. "State Geologist" means an individual holding office as structured in Section 677 of Article 3, Chapter 2 of Division 1 of the Public Resources Code.
L. "Surface mining operations" means all or any part of the process involved in the mining of minerals on mined lands by removing overburden and mining directly from the mineral deposits, open-pit mining of minerals naturally exposed, mining by the auger method, dredging and quarrying, or surface work incident to an underground mine. Surface mining operations shall include, but are not limited to:
1. In place distillation, retorting or leaching;
2. The production and disposal of mining waste;
3. Prospecting and exploratory activities. (Ord. 299 §2, 1989)
8.36.030 Scope.
A. The provisions of this chapter shall apply to the incorporated areas of the city.
B. The provisions of this chapter are not applicable to:
1. Excavations or grading conducted for farming or onsite construction or for the purpose of restoring land following a flood or natural disaster.
2. Prospecting and exploration for minerals of commercial value where less than one hundred cubic yards of overburden is removed in any one location of one acre or less.
3. Any surface mining operation that does not involve either the removal of a total of more than one hundred cubic yards of minerals, ores, and overburden or involve more than one acre in any one location.
4. Surface mining operations that are required by federal law in order to protect a mining claim, if such operations are conducted solely for that purpose.
5. Such other mining operations that the city determines to be of an infrequent nature, and which involve only minor surface disturbances and are categorically identified (no such identifications made as of the effective date of these regulations) by the State Board pursuant to Sections 2714(d) and 2758(c), California Surface Mining and Reclamation Act of 1975. (Ord. 299 §3, 1989)
8.36.040 Permit and reclamation plan requirement.
A. Any person, except as provided in Section 2776, California Surface Mining and Reclamation Act of 1975, who proposes to engage in surface mining operations as defined in this chapter shall, prior to the commencement of such operations, obtain (1) a permit to mine, and (2) approval of a reclamation plan, in accordance with the provisions set forth in this chapter and as further provided in Article 5, California Surface Mining and Reclamation Act of 1975. A fee, as established by resolution, for the permitted uses shall be paid to the city at the time of filing.
B. All applications for a reclamation plan for surface mining operations shall be made on forms provided by the city clerk’s office and as called for by Section 2772 of California Surface Mining and Reclamation Act of 1975.
C. The State Geologist shall be notified of the filing of all permit applications.
D. This chapter shall be reviewed and revised, as necessary, in order to ensure that it is in accordance with the state policy for mined lands reclamation. (Ord. 299 §4, 1989)
8.36.050 Review procedure.
A. The city council shall review the permit application and the reclamation plan.
B. The city council shall schedule a public hearing within thirty days of the filing of both the permit application and the reclamation plan. Such public hearing shall be held by the city council for the purpose of consideration of the issuance of a permit for the proposed surface mining operation. (Ord. 299 §5, 1989)
8.36.060 Performance bond.
Upon a finding by the city council that a supplemental guarantee for the reclamation of the mined land is necessary, and upon the determination by the city council of the cost of reclamation of the mined land according to the reclamation plan, a surety bond, lien or other security guarantee condition upon the faithful performance of the reclamation plan shall be filed with the city, council. Such surety shall be executed in favor of the city and reviewed and revised, as necessary, annually. Such surety shall be maintained in an amount equal to the cost of completing the remaining reclamation of the site as prescribed in the approved or amended reclamation plan during the succeeding period, or other reasonable term. (Ord. 299 §6, 1989)
8.36.070 Public records.
A. Reclamation plans, reports, applications and other documents submitted pursuant to this chapter are public records unless it can be demonstrated to the satisfaction of the city that the release of such information, or part thereof, would reveal production, reserves, or rate of depletion entitled to protection as proprietary information. The city shall identify such proprietary information as a separate part of each application. A copy of all permits, reclamation plans, reports, applications, and other documents submitted pursuant to this chapter, including proprietary information, shall be furnished to the State Geologist by the city upon request.
B. Proprietary information shall be made available to persons other than the State Geologist only when authorized by the mine operator and by the mine owner in accordance with Section 2778, California Surface Mining and Reclamation Act of 1975. (Ord. 299 §7, 1989)
8.36.080 Periodic review.
As a condition of approval for the permit or the reclamation plan, or both, a schedule for periodic inspections of the site shall be established to evaluate continuing compliance with the permit and the reclamation plan. (Ord. 299 §8, 1989)
8.36.090 Amendments.
A. Amendments to an approved reclamation plan may be submitted to the city at any time, detailing proposed changes from the original plan. Substantial deviations from the original plan shall not be undertaken until such amendment has been filed with, and approved by, the city.
B. Amendments to an approved reclamation plan shall be approved by the same procedure as is prescribed for approval of a reclamation plan. (Ord. 199 §9, 1989)
8.36.100 Variances.
Variances from an approved reclamation plan may be allowed upon request of the operator and applicant, if they are not one and the same, and upon a finding by the city council that each requested variance is necessary to achieve the prescribed or higher post-mining use of the reclaimed land. (Ord. 299 §10, 1989)
8.36.110 Enforcement.
The provisions of this chapter shall be enforced by any authorized member of city council or such other persons as may be designated by the council. (Ord. 299 §11, 1989)