(A) Policy: findings.
(1) If it is found and determined that:
(a) Certain major land disturbance operations involve mining activities (herein referred to as “mining operations”) that may pose substantial threats to the public health, welfare and safety;
(b) It is necessary to insure the safe operation of mining operations in a manner that is consistent with the efficient and economical conduct of these operations; and
(c) Because of the unique nature of each mining operation it is not feasible to set out precise regulations for such operations dealing with such matters as slope, angle of repose and set back and each operation must be viewed individually.
(2) Because of these factors, certain mining operations require an engineering analysis and the development of regulations based on that analysis and its recommendations. It is the purpose of this chapter to provide for such analyses and to establish procedures for the implementation of the engineering analysis and recommendations.
(B) Procedures; report to Council. When, in the judgment of the City Administrator/Clerk- Treasurer, a mining operation presents or will present an imminent threat to the public health, safety and welfare and that remedial action may be necessary, the Administrator/Clerk-Treasurer must report that fact to the City Council together with a preliminary analysis of that threat and a recommendation that an engineering analysis of the mining operation be conducted by an engineering firm with special expertise in the matter.
(C) Council action. If the Council determines on the basis of the engineering analysis that remedial action is or may be necessary, the Council may authorize the Administrator/Clerk-Treasurer to retain a competent engineering firm to conduct the analysis and to submit the firm’s analysis and its recommendations to the Council within a reasonable time. The cost of the engineering analysis is to be borne by the City Council and the operator of the mining operation in a proportion as the Council deems reasonable. The Council may, by written order, direct the Administrator/Clerk-Treasurer and the operator to implement the engineering recommendations with whatever modifications the Council deems necessary within a time specified in the order. The cost of the implementation of the recommendations is to be borne by the operator.
(D) Effect; continuing operation. Active permitted mining operation on the effective date of this chapter may continue. When the Council has ordered an engineering analysis for a specific mining operation, that operation may continue until completion of the analysis. If the Council finds and specifies in its order that the public health and safety is or will be endangered by continued operation of a specific operation, the operation must cease until completion of the required remedial action if so specified in the order.
(E) Cessation; non-compliance. If a mining operation that has been ordered to implement an order for remedial action does not complete that action within the time specified in the order or any extension of that order the Administrator/Clerk-Treasurer is authorized and directed to order the operation to cease operation immediately. Failure to comply with an order under this chapter operates as a revocation of the permit for the operation and is grounds for denying an application for a permit.
(Prior Code, § 420.17) (Ord. 172, passed 3-16-1994; Ord. 04-1, passed 3-3-2004; Ord. 2008-05, passed 5-21-2008)