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Pursuant to Public Resources Code § 2207, surface mining operators shall annually prepare and file, with all applicable filing fees, a surface mining report with the Department of Conservation and the Planning Director on a date established by the Department of Conservation, upon forms furnished by the State Board. New surface mining operations shall file an initial report, with all applicable fees, to the Department of Conservation within 30 days of approval of its surface mining permit or before commencement of operations, whichever is sooner.
(`78 Code, § 19.16.010.) (Ord. 2386 § 1 (part), 1999.)
As a condition to a surface mining permit issued under this title, an annual inspection and report on the permitted surface mining operations and reclamation plan shall be required of the operator as follows:
(A) Within 30 days of filing its annual report pursuant to § 19.16.030, the operator shall submit an application to the Planning Director for an inspection permit, together with the established fee for all reasonable anticipated costs of the inspection. The application shall include a copy of the operator's annual report and a brief written statement specifying how reclamation at the site of the surface mining operations conforms or deviates from the approved reclamation plan;
(B) Within 30 days of receiving a completed application, an inspection of the site of the surface mining operation shall be conducted by the Planning Director or a state registered geologist, state registered civil engineer, state-licensed landscape architect or state-registered forester who is experienced in land reclamation and who has not been employed by the mining operation in any capacity during the previous 12 months, or other qualified specialists, as selected by the Planning Director to inspect the site of the surface mining operations. The inspection shall be conducted using the form approved and provided by the State Board. Any failure to inspect shall not affect the duty of the operator to maintain compliance with all conditions of its surface mining permit, its approved reclamation plan and all provisions of this chapter and the state regulations;
(C) Within 30 days of completion of the inspection, the Planning Director shall submit to the Department of Conservation the completed inspection form with a notice indicating the operator's compliance with this title, the state regulations and SMARA. The Planning Director shall also forward of copy of said inspection form and notice to the operator;
(D) This section shall not prohibit or restrict the city from performing any other authorized inspection of any surface mining operations, nor pursuing the enforcement of any other local, state or federal law through any legal means available to the city.
(`78 Code, § 19.16.020.) (Ord. 2386 § 1 (part), 1999.)
(A) Any person who violates any of the provisions or fails to comply with any of the requirements of this title is guilty of a misdemeanor and shall be punishable under the penalty provisions of § 1.08.020.
(B) Any condition caused or permitted to exist in violation of any of the provisions of this title is a public nuisance and may be, by this city, summarily abated as such. Each day such condition continues shall be regarded as a new and separate offense.
(C) If the Planning Director, based on the annual inspection required by § 19.16.040 or any other inspection conducted by the city, determines a surface mining operation is in violation of its surface mining permit, approved reclamation plan, this title, the state regulations or SMARA, the Planning Director shall notify the operator of such violation(s) and demand such violation(s) be remedied to the Planning Director's satisfaction within 30 days. The notice of violation shall be served either personally or by registered mail, postage prepaid, return receipt requested.
(D) If an operator, after receiving a notice of violation, fails to remedy such violation(s) within the time and in the manner prescribed in the notice of violation, the city may take one or more of following actions where applicable:
(1) Revoke or suspend the surface mining permit pursuant to § 19.16.040;
(2) Impose penalties pursuant to Public Resources Code §§ 2774.1 and 2774.2;
(3) Obtain forfeiture of the reclamation security pursuant to § 19.16.050;
(4) Take any other enforcement action or remedy authorized under this code or state law.
(`78 Code, § 19.16.030.) (Ord. 2386 § 1 (part), 1999.)
(A) The Commission on its own motion may, and upon the direction of the Council shall, hold a hearing upon the question of the revocation or suspension of a surface mining permit.
(B) Written notice of said public hearing shall be served on the person to whom the surface mining permit was issued, at least ten days before the hearing date. The notice shall be served either personally or by registered mail, postage prepaid, return receipt requested.
(C) After holding public hearing on the revocation, suspension or modification of a surface mining permit, the Commission shall report its findings of fact and recommendations to the Council. The Council shall make the final determination whether to revoke, suspend, modify or take no action with respect to the surface mining permit in question.
(D) A surface mining permit may be revoked, suspended or modified if both the Commission and Council make one or more of the following findings:
(1) The surface mining operations authorized by the permit are detrimental to the public health, safety or general welfare or are a nuisance;
(2) The surface mining permit was obtained by fraud;
(3) The surface mining operations have not been commenced within three years of the effective date of the permit or within the time set in the conditions of approval or such operations have ceased for one year or more;
(4) The surface mining operations pose a significant threat to the city’s groundwater resources or are likely to have a significant adverse impact on those resources if allowed to continue;
(5) The surface mining operations have been materially extended beyond the limits of the permit;
(6) The operator has violated or failed to satisfy any of the requirements imposed as conditions of surface mining permit approval;
(7) Any of the provisions of this code, the state regulations or SMARA have been violated by the operator, and the operator has, after a notice violation, failed to correct or cease such violations within a reasonable time.
(`78 Code, § 19.16.040.) (Ord. 2386 § 1 (part), 1999.)
If the city, following notice to the operator and a public hearing, determines an operator is financially incapable of performing reclamation in accordance with its approved reclamation plan or the operator has abandoned its surface mining operation without commencing reclamation, the city shall do all of the following:
(A) Notify the operator the city intends to take appropriate action to forfeit the reclamation security provided under § 19.08.110 and the specific reasons for such action. The notice shall be served either personally or by registered mail, postage prepaid, return receipt requested;
(B) Allow the operator 60 days to commence or cause the commencement of reclamation in accordance with its approved reclamation plan and require that reclamation be completed within the time limits specified in the approved reclamation plan or some other time period mutually agreed upon by the city;
(C) Proceed to take appropriate action to require forfeiture of the reclamation security if the operator does not substantially comply with division (B) of this section;
(D) Use the proceeds from the forfeited reclamation security to conduct and complete reclamation in accordance with the approved reclamation plan. In no event shall the reclamation security be used for any other purpose. The operator shall be liable for all costs of conducting and completing reclamation in accordance with the approved reclamation plan which are in excess of the proceeds from the forfeited reclamation security.
(`78 Code, § 19.16.060.) (Ord. 2386 § 1 (part), 1999.)