(A) As a condition of approval of either the use permit, reclamation plan, or interim management plan (IMP) the Planning Commission shall require all surface mining operations to be inspected in intervals of no more than 12 months to evaluate compliance with the approved use permit, reclamation plan, IMP, financial assurances and state regulations.
(1) Annually by July 1, mine operators shall submit to the Planning Division of the Resource Management Agency the documentation requested by said agency to support it conducting the required annual mine inspection pursuant to PRC § 2774(b).
(2) Annually by July 1, mine operators shall submit an operator's report pursuant to PRC § 2207(b). The operator may request an inspection date on its annual operator's report. If the operator fails to request an inspection date, or if the County is unable to cause the inspection of the surface mining operation on the date requested by the operators, the County shall provide the operator with a minimum of five days' written notice of a pending inspection, or within any lesser period agreed to by the operator. New surface mining operations shall submit an initial report prior to commencement of operations.
(3) Annually by July 1, the County shall submit to the Supervisor of the Division of Mine Reclamation for each active or idle surface mining operation within the County's jurisdiction the following information:
(a) A copy of any permit or reclamation plan amendment, as applicable;
(b) A statement that there have been no changes made during the previous year, as applicable;
(c) The date of each surface mining operation's last inspection;
(d) The date of each surface mining operation's last financial assurance review.
(4) A reasonable fee for such inspections shall be set from time to time by ordinance of the Board of Supervisors, and the remittance thereof shall be deemed a condition of either the use permit or the reclamation plan.
(B) Surface mining operation inspections shall be conducted using forms approved by the state's Mining and Geology Board that include the professional licensing and disciplinary information of the person who conducted the inspection. Within 90 days of conducting the inspection, the Planning Director shall provide a copy of the completed surface mining inspection report and any supporting documentation to the mine operator. Also, within 90 days of conducting the inspection, the Planning Director shall provide a notice of completion of inspection to the Supervisor. The notice shall contain a statement regarding the surface mining operation's compliance with SMARA and a copy of the completed inspection form, and shall specify, as applicable, all of the following:
(1) Aspects of the surface mining operation, if any, that were found to be inconsistent with SMARA but were corrected before the submission of the inspection form to the Supervisor.
(2) Aspects of the surface mining operation, if any, that were found to be inconsistent with SMARA but were not corrected before the submission of the inspection form to the Supervisor.
(3) A statement describing the County's intended response to any aspects of the surface mining operation found to be inconsistent with SMARA but were not corrected before the submission of the inspection form to the Supervisor.
(4) A statement as to whether the surface mining operation is out of compliance with an order to comply or stipulated order to comply issued by the County.
(C) (1) All surface mining operation inspections shall be conducted by a qualified County inspector, including contractors and contract employees, or a California state-licensed person as specified in PRC § 2774(b)(1).
(2) Inspectors shall have no financial interest in the surface mining operation being inspected and shall not have been employed by the surface mining operation in any capacity during the previous 12 months, except that a qualified County inspector may inspect surface mining operations conducted by the County.
(3) Inspectors shall keep on file with the County and the Division of Mine Reclamation a current certificate of completion of an inspection workshop pursuant to PRC § 2774(d)(3). An inspector shall attend a workshop no later than five years after the date of his or her most recent certificate. California state licensed persons who only provide an evaluation of a particular aspect or condition of a surface mining operation requiring licensure may, but are not required to, obtain a certificate of completion of an inspection workshop conducted by the Division of Mine Reclamation.
(Ord. 1057, § 3 (part), 2023)