(A) Within 90 days of a surface mining operation becoming idle, the operator shall submit to the Planning Director a proposed Interim Management Plan ("IMP"). The proposed IMP shall fully comply with the requirements of SMARA and this chapter, including but not limited to all conditions of approval for the applicable surface mining permit and the reclamation plan and shall provide measures the operator will implement to maintain the site in a stable condition, taking into consideration public health and safety. The proposed HVT shall be submitted on forms provided by the Planning Director and shall be processed as an amendment to the reclamation plan for the idle surface mining operations. Pursuant to Public Resources Code § 2770(h), IMPs shall not be considered a project for the purposes of environmental review under CEQA.
(B) All reclamation security for the idle surface mining operations shall be maintained as though the operation were active.
(C) Upon receipt of a complete proposed HVT, the Planning Director shall forward the IMP to the Department of Conservation review. The IMP shall be submitted to the Department of Conservation at least 30 days prior to approval by the Commission.
(D) Within 60 days of receipt of the proposed IMP, or longer if mutually agreed upon by the Planning Director and the operator, the Commission shall review and approve or deny the IMP in accordance with procedures set forth in this chapter.
If the IMP is denied, the operator shall have 30 days, or longer if mutually agreed upon by the Planning Director and the operator, to submit a revised IMP. The Commission shall approve or deny the revised IMP within 60 days of receipt. If the Commission denies the revised IMP, the operator may appeal that action to the City Council in accordance with the procedures in this chapter.
(E) The IMP may remain in effect for a period not to exceed five years, at which time the Commission may renew the RAP for another period not to exceed five years, or require the operator to commence reclamation in accordance with its approved reclamation plan.
(F) For purposes of this section, the term "idle" means to curtail for a period of one year or more surface mining operations by more than 90% of the operation’s previous maximum annual mineral production, with the intent to resume those surface mining operations at a future date.
(`78 Code, § 19.08.190.) (Ord. 2386 § 1 (part), 1999.)