Chapter 5.08
STRIP MINING
Sections:
5.08.020 Strip mining prohibited.
5.08.030 Remedies for violations.
5.08.010 Definitions.
For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
“Mineral” means coal, clay, shale or bauxite.
“Operation” means all of the premises, facilities, roads, and equipment used on the affected area in the process of producing minerals from a surface mine, or in the process of removing overburden for the purpose of determining the location, quality, or quantity of a mineral deposit.
“Operator” means a person engaged in carrying on surface mining operations.
“Strip mining” means “surface mining,” as defined herein.
“Surface mining” means all or any part of the process followed in the production of minerals by uncovering therefrom the overburden above the mineral deposits, or the removing of overburden for the purpose of determining the location, quality, or quantity of a mineral deposit.
(Prior code § 111.01)
5.08.020 Strip mining prohibited.
It is unlawful for any person or operator to engage in the business of strip mining, and any operation of this kind is prohibited.
(Prior code § 111.02)
5.08.030 Remedies for violations.
The county attorney shall, immediately upon any violation having been called to his attention, institute injunction, abatement, or other appropriate remedies to prevent, enjoin, abate, restrain, or remove the violation. This action may also be instituted by any property owner who is also especially damaged by any violation of this chapter. The remedies provided for herein shall be cumulative and not exclusive, and shall be in addition to any other remedies provided by law.
(Prior code § 111.03)
5.08.040 Violation--Penalty.
Any person violating the provisions of this chapter shall be fined not more than two thousand five hundred dollars ($2,500.00). Each day a violation occurs shall constitute a separate offense.
(Prior code § 111.99)