CHAPTER 25:  SURFACE MINING
ARTICLE I.  SURFACE MINING
   25-1.   Title
   25-2.   Purpose
   25-3.   Incorporation by reference
   25-4.   Requirements for surface mining operations
   25-5.   Exemptions
   25-6.   Vested rights
ARTICLE II.  DEFINITIONS
   25-10.   CEQA
   25-11.   Commission
   25-12.   Department
   25-13.   Director
   25-14.   Financial assurances
   25-15.   Interim management plan
   25-16.   Operator
   25-17.   SMARA
   25-18.   SMARA regulations
ARTICLE III.  SURFACE MINING PERMITS
   25-25.   Application
   25-26.   Notification of filing
   25-27.   Approval or denial of surface mining permit
   25-28.   Expansion of surface mining operation
ARTICLE IV.  RECLAMATION PLANS
   25-35.   General requirements
   25-36.   Application
   25-37.   Notification of filing
   25-38.   Evaluation of comments
   25-39.   Approval or denial or reclamation plan
   25-40.   Performance of reclamation
ARTICLE V.  FINANCIAL ASSURANCES
   25-50.   General requirements
   25-51.   Application
   25-52.   Transmittal of copies
   25-53.   Evaluation of comments
   25-54.   Approval or denial of financial assurances proposal
   25-55.   Securing and maintenance of financial assurances
   25-56.   Revision
   25-57.   Annual adjustment
   25-58.   New ownership
   25-59.   Forfeiture and release
ARTICLE VI.  INTERIM MANAGEMENT PLANS
   25-65.   Application
   25-66.   Transmittal of copies
   25-67.   Approval or denial of interim management plan
   25-68.   Duration
   25-69.   Expiration
   25-70.   Maintenance of financial assurances
ARTICLE VII.  MISCELLANEOUS PROVISIONS
   25-80.   Appeals
   25-81.   Annual operations report
   25-82.   Inspection
   25-83.   Abandonment
   25-84.   Notice of change of address
   25-85.   Notice of change of ownership of property
   25-86.   Annual update report
   25-87.   Regulations nonexclusive
   25-88.   Failure to comply
ARTICLE I.  SURFACE MINING
SEC. 25-1.  TITLE.
   This chapter shall be known as the “Surface Mining Ordinance of the City of Oxnard.”
(Ord. No. 2579)
SEC. 25-2.  PURPOSE.
   This chapter establishes regulations for surface mining operations in accordance with the requirements of the Surface Mining and Reclamation Act of 1975 (“SMARA”), the regulations adopted thereunder, and Cal. Pub. Res. Code, Section 2207.  These regulations shall secure the continued availability of important mineral resources while also ensuring that adverse environmental effects are prevented or mitigated and mined lands are reclaimed to a usable condition readily adaptable for alternative land uses.
(Ord. No. 2579)
SEC. 25-3.  INCORPORATION BY REFERENCE.
   The provisions of the SMARA, the regulations adopted thereunder, and Cal. Pub. Res. Code, Section 2207, as those provisions and regulations may be amended from time to time, are made a part of this chapter by reference with the same force and effect as if they were specifically and fully set out herein.
(Ord. No. 2579)
SEC. 25-4.  REQUIREMENTS FOR SURFACE MINING OPERATIONS.
   Except as provided in section 25-5, no person shall conduct a surface mining operation on public or private property without first obtaining city approval of all of the following:
   (A)   A surface mining permit;
   (B)   A reclamation plan; and
   (C)   Financial assurances.
(Ord. No. 2579)
SEC. 25-5.  EXEMPTIONS.
   This chapter shall not apply to the following activities:
   (A)   Excavations or grading conducted for farming or on-site construction or for the purpose of restoring land following a flood or natural disaster.
   (B)   On-site excavation and on-site earthmoving activities that are both an integral and necessary part of a construction project and undertaken to prepare a site for construction of structures, landscaping, or other land improvements, including the related excavation, grading, compaction, or the creation of fills, road cuts, and embankments, whether or not surplus materials are exported from the site.  This exemption shall not be applicable unless all of the following conditions are satisfied:
      (1)   All required permits for the construction, landscaping, or related land improvements have been approved by a public agency in accordance with applicable provisions of State law and locally adopted plans and ordinances, including, but not limited to, CEQA.
      (2)   Approval of the construction project included consideration of the on-site excavation and on-site earthmoving activities pursuant to CEQA.
      (3)   The approved construction project is consistent with the general plan designation and zoning of the site.
      (4)   Surplus materials shall not be exported from the site unless and until actual construction work has commenced and shall cease if it is determined that construction activities have terminated, have been indefinitely suspended, or are no longer being actively pursued.
   (C)   Operation of a plant site used for mineral processing, including associated on-site structures, equipment, machines, tools, or other materials.  This exemption is an exemption from the provisions of this chapter and not from other requirements of this code and shall include the on-site stockpiling and on-site recovery of mined materials.  This exemption shall not be applicable unless all of the following conditions are satisfied:
      (1)   The plant site is located on lands designated for industrial or commercial uses in the general plan.
      (2)   The plant site is located on lands zoned for industrial or commercial use.
      (3)   None of the minerals being processed are being extracted on the plant site.
      (4)   All reclamation work has been completed pursuant to the approved reclamation plan for any mineral extraction activities that occurred on the plant site after January 1, 1976.
   (D)   Prospecting for, or the extraction of, minerals for commercial purposes and the removal of overburden in total amounts of less than 1,000 cubic yards in any one location of one acre or less.
   (E)   Surface mining operations that are required by federal law in order to protect a mining claim, if those operations are conducted solely for that purpose.
   (F)   Any other surface mining operations that the State Mining and Geology Board determines to be of an infrequent nature and which involve only minor surface disturbances.
   (G)   The solar evaporation of seawater or bay water for the production of salt and related minerals.
   (H)   Emergency excavation or grading conducted by the State Department of Water Resources or the State Reclamation Board for the purpose of averting, alleviating, repairing, or restoring damage to property due to imminent or recent floods, disasters, or other emergencies.
   (I)   Excavations or grading for the exclusive purpose of obtaining materials for roadbed construction and maintenance conducted in connection with timber operations or forest management on land owned by the same person or entity.  This exemption is limited to excavation and grading that is conducted adjacent to timber operation or forest management roads.  This exemption is available only if slope stability and erosion are controlled in accordance with State regulations and upon closure of the site, where necessary, revegetation measures and post-closure uses are implemented in consultation with the State Department of Forestry and Fire Protection.  This exemption does not apply to on-site excavation or grading that occurs within 100 feet of a Class One watercourse or within 75 feet of a Class Two watercourse.  This exemption also does not apply to excavations for materials that are, or have been, sold for commercial purposes.
   (J)   Excavations, grading or other earthmoving activities in an oil or gas field that are integral to, and necessary for, ongoing operations for the extraction of oil or gas. This exemption shall not be applicable unless all of the following conditions are satisfied:
      (1)   The operations are being conducted in accordance with Cal. Pub. Res. Code, Division 3,  commencing with Section 3000.
      (2)   The operations are consistent with the general plan designation and zoning for the site.
      (3)   The earthmoving activities are within oil or gas field properties under a common owner or operator.
      (4)   No excavated materials are sold for commercial purposes.
(Ord. No. 2579)
SEC. 25-6.  VESTED RIGHTS.
   No person with a vested right to conduct surface mining operations obtained prior to January 1, 1976, shall be required to secure a surface mining permit pursuant to this chapter as long as the vested right continues and as long as no substantial changes have been made in the operation except in accordance with the SMARA, the regulations promulgated thereunder, and this chapter.  A person shall be deemed to have vested rights if, prior to January 1, 1976, the person has, in good faith and in reliance upon a permit or other authorization, if the permit or other authorization was required, diligently commenced surface mining operations and incurred substantial liabilities for work and materials necessary therefore.  The reclamation plan and the financial assurances requirements of this chapter shall apply to operations conducted after January 1, 1976.  In those cases where an overlap exists between pre- and post-SMARA mining, the reclamation plan shall call for reclamation proportional to that disturbance caused after January 1, 1976.
(Ord. No. 2579)
ARTICLE II.  DEFINITIONS
SEC. 25-10.  CEQA.
   “CEQA” means the California Environmental Quality Act, codified at Cal. Pub. Res. Code, Section 21000 et seq. (as amended).
(Ord. No. 2579)
SEC. 25-11.  COMMISSION.
   “Commission” means the planning commission of the city.
(Ord. No. 2579)
SEC. 25-12.  DEPARTMENT.
   “Department” means the development services department of the city.
(Ord. No. 2579)
SEC. 25-13.  DIRECTOR.
   “Director” means the development services director of the city or designee.
(Ord. No. 2579)
SEC. 25-14.  FINANCIAL ASSURANCES.
   “Financial assurances” means security posted by the owner or operator of a surface mining operation to guarantee satisfactory performance of a reclamation plan.
(Ord. No. 2579)
SEC. 25-15.  INTERIM MANAGEMENT PLAN.
   “Interim management plan” means a report setting forth the measures that will be implemented to maintain the site of an idle surface mining operation in compliance with this chapter.
(Ord. No. 2579)
SEC. 25-16.  OPERATOR.
   “Operator” means a person to whom a surface mining permit has been issued by the city other than a person whose activities in the city are entirely subject to section 25-6 of this chapter regarding vested rights.
(Ord. No. 2579)
SEC. 25-17.  SMARA.
   “SMARA” means the Surface Mining and Reclamation Act of 1975, codified at Cal. Pub. Res. Code, Sections 2710 et seq. (as amended).
(Ord. No. 2579)
SEC. 25-18.  SMARA REGULATIONS.
   “SMARA Regulations” means the State regulations implementing SMARA, codified at 14 Cal. Code of Regulations, Sections 3500 et seq. (as amended).
(Ord. No. 2579)
ARTICLE III.  SURFACE MINING PERMITS
SEC. 25-25.  APPLICATION.
   Applications for surface mining permits shall be filed with the department on a form provided by the director.  The application shall include all environmental review forms and information required by the director, and shall be accompanied by a fee in an amount established by resolution of the city council.  The application shall be consistent with the requirements of SMARA and the regulations of this chapter.
(Ord. No. 2579)
SEC. 25-26.  NOTIFICATION OF FILING.
   (A)   No later than 30 days after acceptance of a surface mining permit application as complete, the director shall notify the State Department of Conservation of the filing of the application.
   (B)   No later than 30 days after acceptance of a surface mining permit application as complete, the director shall notify the State Department of Transportation of the filing of the application if both of the following conditions are satisfied:
      (1)   The proposed mining operations are in the 100-year flood plain of any stream, as shown in Zone A of the Flood Insurance Rate Maps issued by the Federal Emergency Management Agency; and
      (2)   The proposed mining operations are within one mile, upstream or downstream, of any State highway bridge.
(Ord. No. 2579)
SEC. 25-27.  APPROVAL OR DENIAL OF SURFACE MINING PERMIT.
   (A)   The commission shall approve or deny an application for a surface mining permit after conducting a public hearing.  If notification of the filing of the application has been given pursuant to section 25-26(B), such hearing shall not be held until the State Department of Transportation submits its comments or until 45 days from the date the application was accepted as complete, whichever occurs first.
   (B)   The commission may approve a surface mining permit application upon making the following findings:
      (1)   The proposed surface mining operation will not be detrimental to the public health, safety and welfare.
      (2)   The proposed surface mining operation is consistent with the requirements of the SMARA, the SMARA Regulations and this chapter.
      (3)   The mining plan has been reviewed if and as required by CEQA and any significant, adverse impacts of the proposed mining operation are mitigated to the extent feasible by conditions imposed pursuant to subsection (C) of this section or otherwise.
   (C)   The commission may impose such conditions as deemed reasonably necessary when approving a surface mining permit.
   (D)   The director shall send a copy of each approved surface mining permit, any conditions imposed on such permit, and relevant supporting documents to the State Department of Conservation.
(Ord. No. 2579)
SEC. 25-28.  EXPANSION OF SURFACE MINING OPERATION.
   (A)   No expansion or minor expansion of a surface mining operation for which a surface mining permit has been issued shall occur without the prior approval of a modification of such permit.  For purpose of this section, the following definitions shall apply:
      (1)   “Expansion” shall mean an increase in the land area on which a surface mining operation is conducted, or an increase in the depth to which a surface mining operation is conducted, beyond that authorized by an existing surface mining permit.
      (2)   “Minor expansion” shall mean:
         (a)   An increase in the land area on which a surface mining operation is conducted by an amount that does not result in the total land area of such operation exceeding the land area originally approved for such operation by more than the lesser of one acre or 25 percent; or
         (b)   An increase in the depth to which a surface mining operation is conducted by not more than ten feet, provided that such depth does not reach within ten feet of the average level of ground water.
   (B)   Applications for modification of a surface mining permit shall be processed in the same manner as applications for a surface mining permit; provided, however, that applications related to minor expansions may be approved or denied by the director without a public hearing.
   (C)   The commission or the director may approve an application for modification of a surface mining permit upon making the following findings:
      (1)   The proposed modification will not be detrimental to the public health, safety and welfare.
      (2)   The proposed modification is consistent with the requirements of the SMARA, the SMARA Regulations and this chapter.
      (3)   The proposed modification has been reviewed if and as required by CEQA and any significant, adverse impacts of the proposed modification are mitigated to the extent feasible by conditions imposed pursuant to subsection (D) of this section or otherwise.
   (D)   The commission or the director may impose such conditions as deemed reasonably necessary when approving a modification of a surface mining permit.
   (E)   The director shall send a copy of each approved modification of a surface mining permit, any conditions imposed in conjunction with such approval, and relevant supporting documents to the State Department of Conservation.
(Ord. No. 2579)
ARTICLE VI.  RECLAMATION PLANS
SEC. 25-35.  GENERAL REQUIREMENTS.
   (A)   Reclamation plans shall contain all of the information and elements required by the SMARA (Cal. Pub. Res. Code, Sections 2772 and 2773), the SMARA Regulations, and any other requirements reasonably established by the director.
   (B)   An item of information or document required pursuant to subsection (A) of this section that has already been prepared as part of the application for a surface mining permit, or as part of an environmental document prepared pursuant to CEQA, may be included in the reclamation plan by reference, if that item of information is attached to the reclamation plan.
(Ord. No. 2579)
SEC. 25-36.  APPLICATION.
   A proposed reclamation plan shall be filed with the department.  An applicant shall sign a statement in a form acceptable to the city attorney accepting responsibility for reclaiming the mined lands in accordance with the reclamation plan.  An application for reclamation plan approval shall include all environmental review forms and information required by the director.  All documentation for the reclamation plan shall be submitted at one time.  The proposed reclamation plan shall be accompanied by a fee in an amount established by resolution of the city council.
(Ord. No. 2579)
SEC. 25-37.  NOTIFICATION OF FILING.
   (A)   Within 30 days of receipt of a complete application for approval of a reclamation plan, the director shall submit copies of all of the following to the State Department of Conservation:
      (1)   The reclamation plan;
      (2)   Information from any related document prepared, adopted or certified pursuant to CEQA; and
      (3)   Any other pertinent information.
   (B)   In conjunction with such submission, the director shall certify to the State Department of Conservation that the reclamation plan is in compliance with the applicable requirements of Cal. Pub. Res. Code, Sections 2772 and 2773 and the SMARA Regulations in effect at the time.
(Ord. No. 2579)
SEC. 25-38.  EVALUATION OF COMMENTS.
   (A)   The State Department of Conservation shall have 30 days from its receipt of a reclamation plan to prepare comments.  The director shall prepare a written response to any comments received from the State Department of Conservation.  Such written response shall describe the disposition of the major issues raised by the State Department of Conservation. Additionally, if the director's position is at variance with any of the recommendations made or objections raised in the State Department of Conservation's comments, the written response shall address, in detail, why specific comments and suggestions were not accepted.
   (B)   The director shall forward to the applicant copies of any written responses received from the State Department of Conservation, as well as the responses prepared by the director.
(Ord. No. 2579)
SEC. 25-39.  APPROVAL OR DENIAL OF RECLAMATION PLAN.
   (A)   The commission shall approve or deny an application for a proposed reclamation plan after conducting a public hearing.  At the public hearing, the commission shall consider any comments received from the State Department of Conservation.
   (B)   The commission may approve a reclamation plan upon making the following findings:
      (1)   The reclamation plan complies with the SMARA, the SMARA Regulations and this chapter.
      (2)   The mining plan, the reclamation plan and the potential uses of reclaimed land pursuant to such plan are consistent with this chapter, the general plan and any applicable resource plan or element.
      (3)   The reclamation plan has been reviewed if and as required by CEQA and the city's environmental review guidelines, and all significant adverse impacts from reclamation of the mined lands are mitigated to the maximum extent feasible.
      (4)   The land and resources to be reclaimed (e.g., water bodies) will be restored to a condition that is compatible with, and blends in with, the surrounding natural environment, topography and other resources.
      (5)   The reclamation plan will ensure that the mined lands are restored to a useable condition that is readily adaptable for alternative land uses consistent with the general plan and any applicable resource plan or element.
      (6)   Sections 25-26 and 25-37 have been satisfied.
   (C)   If the commission does not approve a reclamation plan, the director shall return the plan to the applicant within 60 days.  The applicant shall have 60 days from the date on which the reclamation plan is returned to revise the plan to address identified deficiencies.
   (D)   The director shall send a copy of each approved reclamation plan to the State Department of Conservation together with any relevant supporting documents.
   (E)   The commission may approve a reclamation plan that authorizes one or more land use proposals for renewed use of a site provided that the reclamation plan complies with the requirements of this chapter and other applicable law with respect to each land use proposal stated in the plan and that the proposed uses are sufficiently similar that similar excavation and engineering strategies will suffice to reclaim the land for the proposed uses.
   (F)   All reclamation plans shall comply with the provisions of the SMARA (Cal. Pub. Res. Code, Sections 2772 and 2773) and State regulations (Cal. Code of Regulations, Sections 3500–3505).  Reclamation plans approved after January 15, 1993, reclamation plans for proposed new mining operations, and pre-January 15, 1993 reclamation plans for which substantial amendments are approved, shall also comply with the requirements for reclamation performance standards (Cal. Code of Regulations, Sections 3700–3713).
(Ord. No. 2579)
SEC. 25-40.  PERFORMANCE OF RECLAMATION.
   Reclamation activities shall be initiated at the earliest possible time on those portions of the mined lands that will not be subject to further disturbance from mining activity.  Reclamation may be performed on an annual basis, in stages compatible with continuing operations, or on completion of all excavation, removal, or fill, as approved by the director.
(Ord. No. 2579)
ARTICLE V.  FINANCIAL ASSURANCES
SEC. 25-50.  GENERAL REQUIREMENTS.
   (A)   Financial assurances may take the form of surety bonds, irrevocable letters of credit, trust funds, or other forms specified by the State Mining and Geology Board, which the director reasonably determines are adequate to perform reclamation in accordance with the applicant's approved reclamation plan.  The financial assurances shall be made payable to the city and the State Department of Conservation.
   (B)   The amount of required financial assurances shall be based upon the following criteria:
      (1)   The estimated costs of reclamation for the years or phases stipulated in the approved reclamation plan, including any maintenance of reclaimed areas as may be required, subject to adjustment for the actual amount required to reclaim lands disturbed by surface mining activities since January 1, 1976, and new lands to be disturbed by surface mining activities in the upcoming year;
      (2)   An analysis of physical activities necessary to implement the approved reclamation plan, the unit costs for these activities, the number of units of each of these activities, and the actual administrative costs of the city and of a third-party contractor retained by the city to implement the reclamation plan;
      (3)   Financial assurances to ensure compliance with revegetation, restoration of water bodies, restoration of aquatic or wildlife habitat, and any other applicable element of the approved reclamation plan shall be based on cost estimates that include, but are not limited to, labor, equipment, materials, mobilization of equipment, administration, and reasonable profit by a third-party contractor retained by the city to implement the reclamation plan; and
      (4)   A contingency factor of ten percent.
(Ord. No. 2579)
SEC. 25-51.  APPLICATION.
   A financial assurances proposal shall be filed with the department prior to the securing of financial assurances.  Such proposal shall be prepared by a State registered professional engineer approved by the director.  The financial assurances proposal shall be accompanied by a fee in an amount established by resolution of the city council.
(Ord. No. 2579)
SEC. 25-52.  TRANSMITTAL OF COPIES.
   Within 30 days of receipt of a complete financial assurances proposal, the director shall forward a copy of the proposal, together with any documentation supporting the proposal, to the State Department of Conservation for review.
(Ord. No. 2579)
SEC. 25-53.  EVALUATION OF COMMENTS.
   (A)   The State Department of Conservation shall have 45 days from its receipt of a financial assurances proposal to prepare comments.  The director shall prepare a written response to any comments received from the State Department of Conservation.  Such written response shall describe the disposition of the major issues raised by the State Department of Conservation.  Additionally, if the director's position is at variance with any of the recommendations made or objections raised in the State Department of Conservation's comments, the written response shall address, in detail, why specific comments and suggestions were not accepted.
   (B)   The director shall forward to the applicant copies of any written responses received from the State Department of Conservation, as well as the responses prepared by the director.
   (C)   If the State Department of Conservation does not comment within 45 days of receipt of the financial assurances proposal, the director shall assume that the cost estimates contained within the proposal are adequate unless there is reason to determine that additional costs may be incurred.
(Ord. No. 2579)
SEC. 25-54.  APPROVAL OR DENIAL OF FINANCIAL ASSURANCES PROPOSAL.
   (A)   The commission shall approve or deny a financial assurances proposal after conducting a public hearing.  At the public hearing, the commission shall consider any comments received from the State Department of Conservation.
   (B)   The commission may approve a financial assurances proposal upon making the following findings:
      (1)   The financial assurances proposal complies with the SMARA, the SMARA Regulations and this chapter.
      (2)   The financial assurances proposal is sufficient to fund the amount required by section 25-50(B) of this chapter.
   (C)   If the commission does not approve a financial assurances proposal, the director shall return the proposal to the applicant within 60 days.  The applicant shall have 60 days from the date on which the financial assurances proposal is returned to revise the proposal to address identified deficiencies.
   (D)   The director shall send a copy of each approved financial assurances proposal to the Department of Conservation, together with any relevant supporting documents.
(Ord. No. 2579)
SEC. 25-55.  SECURING AND MAINTENANCE OF FINANCIAL ASSURANCES.
   The applicant shall secure financial assurances in accordance with the approved financial assurances proposal prior to conducting surface mining operations.  The financial assurances shall remain in effect for the duration of the surface mining operation and any additional period until reclamation is completed.
(Ord. No. 2579)
SEC. 25-56.  REVISION.
   Each year, no later than 45 days prior to the anniversary date of the approval of the financial assurances proposal, the operator shall submit any revisions to the financial assurances to the director.  If revisions to the financial assurances are not required, the operator shall explain, in writing, why revisions are not required.
(Ord. No. 2579)
SEC. 25-57.  ANNUAL ADJUSTMENT.
   The director shall annually adjust the amount of financial assurances required for a surface mining operation for any one year to account for new lands disturbed by surface mining operations, inflation, and reclamation of lands accomplished in accordance with the approved reclamation plan.
(Ord. No. 2579)
SEC. 25-58.  NEW OWNERSHIP.
   If a mining operation is sold or ownership is transferred to another person, the existing financial assurances shall remain in force until new financial assurances are secured from the new owner and have been approved in accordance with this chapter.  Within 30 days of the transfer of ownership, each new owner shall provide the director a statement in a form acceptable to the city attorney accepting responsibility for reclaiming the mined lands in accordance with the reclamation plan.
(Ord. No. 2579)
SEC. 25-59.  FORFEITURE AND RELEASE.
   (A)   If the director determines that an operator is financially incapable of performing reclamation in accordance with the approved reclamation plan, or has abandoned its surface mining operation without commencing reclamation, the director shall do the following:
      (1)   Notify the operator by personal service or certified mail that the city intends to take appropriate action to forfeit the financial assurances.  Such notification shall specify the reasons for forfeiting the financial assurances.
      (2)   Allow the operator 60 days to commence or cause the commencement of reclamation in accordance with the approved reclamation plan.  Reclamation shall be completed within the time limits specified in the approved reclamation plan or such other time period as is mutually agreed by the director and the operator.
      (3)   Take appropriate action to require forfeiture of the financial assurances if the operator does not substantially comply with subdivision (2) of this section.
      (4)   Use the proceeds from the forfeited financial assurances to conduct and complete reclamation in accordance with the approved reclamation plan.  In no event shall the financial assurances be used for any other purpose.  The operator shall be responsible for the costs of conducting and completing reclamation in accordance with the approved reclamation plan that are in excess of the proceeds from the forfeited financial assurances.
   (B)   Upon determining that reclamation has been completed in accordance with the approved reclamation plan, the director shall release financial assurances for that surface mining operation.  The director shall give written notice of the release of the financial assurances to the operator and to the State Department of Conservation.
(Ord. No. 2579)
ARTICLE VI.  INTERIM MANAGEMENT PLANS
SEC. 25-65.  APPLICATION.
   Within 90 days of a surface mining operation becoming idle, the operator shall file with the department an interim management plan for review and approval.  The interim management plan shall provide measures the operator will implement to maintain the surface mining operation site in compliance with this chapter including, but not limited to, all permit conditions.  The interim management plan shall be accompanied by a fee in an amount established by resolution of the city council.
(Ord. No. 2579)
SEC. 25-66.  TRANSMITTAL OF COPIES.
   Within 30 days of acceptance of an interim management plan for filing, the director shall forward a copy of the interim management plan to the State Department of Conservation for review.
(Ord. No. 2579)
SEC. 25-67.  APPROVAL OR DENIAL OF INTERIM MANAGEMENT PLAN.
   (A)   The commission shall approve or deny a proposed interim management plan within 60 days of the acceptance of a proposed plan for filing, unless the operator consents to a longer period.  Such decision shall not be made before the State Department of Conservation has had 30 days to review the proposed interim management plan.  The commission shall approve a proposed interim management plan upon making a finding, based on substantial evidence, that the interim management plan is consistent with the requirements of the SMARA, the SMARA Regulations and this chapter.
   (B)   If the commission denies a proposed interim management plan, the director shall notify the operator in writing of any deficiencies in the plan.  The operator shall have 30 days from such notice, or any longer period mutually agreed upon by the director and the operator, to submit a revised plan.
   (C)   The commission shall approve or deny approval of a revised interim management plan within 60 days of receipt.
(Ord. No. 2579)
SEC. 25-68.  DURATION.
   The interim management plan shall remain in effect for a period not to exceed five years.
(Ord. No. 2579)
SEC. 25-69.  EXPIRATION.
   Upon expiration of an interim management plan, the director shall take one of the following actions:
   (A)   Renew the interim management plan for another period not to exceed five years.  An interim management plan shall not be renewed if the operator has not fully complied with the plan.
   (B)   Require the operator to commence reclamation in accordance with the approved reclamation plan.
(Ord. No. 2579)
SEC. 25-70.  MAINTENANCE OF FINANCIAL ASSURANCES.
   Financial assurances required by this chapter shall remain in effect during the period that a surface mining operation is idle.
(Ord. No. 2579)
ARTICLE VII.  MISCELLANEOUS PROVISIONS
SEC. 25-80.  APPEALS.
   (A)   The applicant, city staff, or any interested party may appeal to the city council any decision approving or denying a surface mining permit, modification of a surface mining permit, a reclamation plan, financial assurances or an interim management plan.  No appeal shall be processed unless filed in accordance with this section.
   (B)   An appeal shall be made by filing a notice of appeal with the director within the time permitted by section 16-455 of the code.  The notice shall state all of the grounds for the appeal. Upon receipt of a timely appeal, the director shall transmit to the city clerk the notice of appeal and all other documents constituting the record upon which the decision was made.
   (C)   An appeal shall be accompanied by a fee established by resolution of the city council to cover the cost of processing the appeal.
   (D)   The effectiveness of any decision approving or denying a surface mining permit, modification of a surface mining permit, a reclamation plan, financial assurances or an interim management plan shall be stayed during the appeal period set forth in this section and the pendency of any appeal.
   (E)   Within the time permitted by section 16-456(A), the city council shall conduct a public hearing on the appeal.  The city council shall adopt a resolution affirming, reversing or modifying the decision being appealed.
(Ord. No. 2579)
SEC. 25-81.  ANNUAL OPERATIONS REPORT.
   The owner or operator shall file with the department an annual operations report as required by Cal. Pub. Res. Code, Section 2207(b).
(Ord. No. 2579)
SEC. 25-82.  INSPECTION.
   (A)   The director shall arrange for inspection of a surface mining operation within six months of receipt of the annual operations report required by this chapter in order to determine whether the surface mining operation is in compliance with the provisions of this chapter and State regulations.  In no event shall less than one inspection be conducted in any calendar year.  The director may cause such inspections to be conducted by 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.
   (B)   All inspections shall be conducted using the form provided by the State.
   (C)   The operator shall be solely responsible for the reasonable cost of the inspection.
   (D)   The director shall notify the State Department of Conservation within 30 days of completion of the inspection that the inspection has been conducted.  The notice shall contain a statement regarding the surface mining operation's compliance with the SMARA, shall include a copy of the completed inspection form, and shall specify which aspects of the surface mining operation, if any, are inconsistent with that statute.  If the operator has a review of its reclamation plan, financial assurances, or an interim management plan pending before the State Department of Conservation or the commission, the notice shall so indicate.  The director shall forward to the operator a copy of the notice, a copy of the completed inspection form, and any supporting documentation, including, but not limited to, any inspection report prepared by the geologist, civil engineer, landscape architect, or forester.
(Ord. No. 2579)
SEC. 25-83.  ABANDONMENT.
   Unless review of an interim management plan is pending before the commission, or an appeal is pending before the city council, a surface mining operation that remains idle for over one year after becoming idle without the approval of an interim management plan shall be deemed abandoned.  The owner of a surface mining operation that has been deemed abandoned pursuant to this section shall commence and complete reclamation in accordance with the approved reclamation plan.
(Ord. No. 2579)
SEC. 25-84.  NOTICE OF CHANGE OF ADDRESS.
   Every operator shall notify the director of each change of address.  Notice shall be given no more than seven days after the change is effective and shall be given on a form provided by the director.
(Ord. No. 2579)
SEC. 25-85.  NOTICE OF CHANGE OF OWNERSHIP OF PROPERTY.
   Any person who owns real property on which a surface mining operation is being conducted or for which a surface mining permit has been issued shall file a certified report with the department within 30 days of encumbering, selling, transferring or conveying the property or part thereof or permitting the property or part thereof to be encumbered, sold, transferred or conveyed.  The report shall be made on a form provided by the director.  Within five business days of its receipt, the director shall transmit a copy of the report to the State Department of Conservation and shall file a copy with the county clerk.
(Ord. No. 2579)
SEC. 25-86.  ANNUAL UPDATE REPORT.
   By July 1 of each year, for each active and idle surface mining operation, the director shall submit to the State Department of Conservation either of the following a copy of any amendments to the surface mining permit and reclamation plan for such operation or a statement that there have been no amendments during the previous year.
(Ord. No. 2579)
SEC. 25-87.  REGULATIONS NONEXCLUSIVE.
   The provisions of this chapter are not intended to be exclusive and compliance therewith shall not excuse noncompliance with any other applicable provisions of the code or other law.
(Ord. No. 2579)
SEC. 25-88.  FAILURE TO COMPLY.
   (A)   Upon determining that a surface mining operation is not in compliance with SMARA, the SMARA Regulations, this chapter or other applicable law, the director may notify the operator of the violation by personal service or certified mail.
   (B)   If the violation extends beyond 30 days after the notification given pursuant to subsection (A), the director may issue an order by personal service or certified mail requiring compliance; provided, however, that such order may require cessation of further mining activities if the operator does not have an approved reclamation plan or financial assurances.  The order shall specify the violations, a time for compliance and shall set a date for a hearing before the commission. In setting a compliance date, the director shall take into account the seriousness of the violation and any good faith efforts to comply made by the operator.  The date of the commission hearing shall not be sooner than 30 days after the date of the order.  The order shall not take effect until the operator has been provided a hearing before the commission.
   (C)   (1)   The director may impose an administrative penalty of not more than $5,000 per day on any operator that violates or fails to comply with an order issued under subsection (B) after the order's effective date.  Such penalty shall be imposed by means of an order to the operator that is served by personal service or certified mail.  The penalty shall be assessed from the original date of noncompliance.  In determining the amount of the administrative penalty, the director shall consider the following factors:
         (a)   The nature, circumstances, extent and gravity of the violation;
         (b)   Any prior history of violations;
         (c)   The degree of culpability;
         (d)   Any economic savings resulting from the violation; and
         (e)   Any other matters justice may require.
      (2)   Administrative penalty orders shall be effective upon issuance.  The operator shall make payment for an administrative penalty within 30 days unless a petition for review has been filed pursuant to subsection (D).
   (D)   Within 30 days of the issuance an administrative penalty order pursuant to subsection (C), the operator may petition the city council for review of the order.  The operator shall be notified by personal service or certified mail whether the city council will review the order setting administrative penalties.  The city council may affirm, modify, or set aside, in whole or in part, any order setting administrative penalties.  The decision of the city council shall be by resolution, shall be effective upon issuance and shall be served on the operator by personal service or certified mail. The operator shall make payment for the administrative penalty ordered by the city council within 30 days of service of the order.
   (E)   Any operator aggrieved by decision of the city council pursuant to subsection (D) may obtain judicial review in accordance with Cal. Pub. Res. Code, Section 2774.2(e).  Payment of the administrative penalty shall be held in an interest bearing impound account pending the resolution of a duly filed petition for judicial review.
(Ord. No. 2579)