A.
The
ordinance codified in this chapter is adopted pursuant to the California
Surface Mining and Reclamation Act of 1975, Chapter 9, Public Resources
Code.
B.
The
City Council hereby 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
City 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
City 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 therefor may vary accordingly.
(Ord. 80-1 § 1, 1980)
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.
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, workings, 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.
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.
includes the residual of soil, rock, mineral, liquid, vegetation,
equipment, machines, tools, or other materials or property directly
resulting from, or displaced by, surface mining operations.
means any person who is engaged in surface mining operations,
him or herself, or who contracts with others to conduct operations
on his or her behalf.
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.
means any formal authorization from, or approved by, the
City, the absence of which would preclude surface mining operations.
means any individual, firm, association, corporation, organization,
or partnership, or any City, County, district, or the State or any
department or agency thereof.
means the process of land treatment that minimized 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.
means the State Mining and Geology Board, in the Department
of Conservation, State of California.
means the individual holding office as structured in Section 677 of Article 3, Chapter 2 of Division 1 of the Public Resources Code.
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:
(Ord. 80-1 § 2, 1980)
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 on-site 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 1,000
cubic yards of overburden is removed in any one location of one acre
or less;
3.
Any
surface mining operations that do not involve either the removal of
a total of more than 1,000 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
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 (f) and 2758 (c) of the Public Resources Code.
(Ord. 80-1 § 3, 1980; Ord. 97-7 § 4, 1997)
A.
Except
as provided in Public Resources Code Section 2776, any person 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 the California Surface Mining and Reclamation Act of 1975. A fee
as established by the City Council shall be paid to the City at the
time of filing.
All applications for a reclamation plan for surface mining operations
shall be made on forms provided by the office of the City Clerk and
as required by Public Resources Code Section 2772.
B.
No person
who has obtained a vested right to conduct a surface mining operation
prior to January 1, 1976, shall be required to secure a permit pursuant
to the provisions of this chapter as long as surface mining operations
pursuant to such vested right continues; provided, that no substantial
change or expansion is made in that operation except in accordance
with the provisions of this chapter. A person shall be deemed to have
such vested rights if, prior to January 1, 1976, he or she has in
good faith and in reliance upon a permit or other authorization, if
such permit or other authorization was required, diligently commenced
surface mining operations and incurred substantial liabilities for
work and materials necessary therefor. Expenses incurred in obtaining
the enactment of an ordinance in relation to a particular operation
or the issuance of a permit shall not be deemed liabilities for work
or materials.
A person who has obtained a vested right to conduct surface
mining operations prior to January 1, 1976, shall submit to the City
Clerk and receive, within a period of 12 months (a "reasonable
period of time"), approval of a reclamation plan for operation
to be conducted after January 1, 1976, unless a reclamation plan was
approved by the City prior to January 1, 1976, and the person submitting
that plan has accepted responsibility for reclaiming in the mined
lands in accordance with that plan. Nothing in this chapter shall
be construed as requiring the filing of a reclamation plan for, or
the reclamation of, mined lands on which surface mining operations
were conducted prior to, but not after, January 1, 1976.
C.
The
State Geologist shall be notified of the filing of all permit applications.
D.
This
chapter shall be continuously reviewed and revised, as necessary,
in order to ensure that it is in accordance with the State policy
for mined lands reclamation.
(Ord. 80-1 § 4, 1980; Ord. 97-7 § 4, 1997)
The City Council shall review the permit application and the
reclamation plan and shall schedule a public hearing within 40 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. 80-1 § 5, 1980)
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 the reclamation of the mined land
according to the reclamation plan, a surety bond, lien or other security
guarantee conditioned 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 of Plymouth and reviewed and revised, as necessary,
biannually. 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
two-year period, or other reasonable term.
(Ord. 80-1 § 6, 1980)
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, application, and other documents submitted pursuant to this
chapter, including proprietary information, shall be furnished to
the District Geologist of the State Division of Mines [and Geology]
by the City of Plymouth. Proprietary information shall be made available
to person 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. 80-1 § 7, 1980)
As a condition of approval for the permit of the reclamation
plan, or both, a schedule for periodic inspections of the site shall
be established to evaluated continuing compliance with the permit
and the reclamation plan.
(Ord. 80-1 § 8, 1980)
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.
Amendments to an approved reclamation plan shall be approved
by the same procedure as is prescribed for approval of a reclamation
plan.
(Ord. 80-1 § 9, 1980)
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. 80-1 § 10, 1980)
The provisions of this chapter shall be enforced by any authorized
member of the City Council of the City of Plymouth or such other persons
as may be designated by the City Council.
(Ord. 80-1 § 11, 1980)
Any person aggrieved by an act or determination of the City
Council administrator in the exercise of the authority granted herein
shall have the right to appeal to the City Council. Any appeal must
be filed on forms provided within five days after the rendition, in
writing, of the decision.
(Ord. 80-1 § 12, 1980)
If any section, subsection, sentence, clause or phrase of this
chapter is for any reason held to be invalid or unconstitutional by
the decision of a court of competent jurisdiction, it shall not affect
the remaining portions of this chapter.
(Ord. 80-1 § 13, 1980)
