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(A) Every application for a permit to conduct mining operations shall be in writing, signed by the applicant, filed with the City Secretary, and accompanied by a filing fee.
(B) The application shall include a site plan showing the location of the proposed operations, the boundaries of the tract upon which operations will be conducted, all structures in the vicinity, and any natural resources that might be affected by the proposed operations.
(C) When all required information had been provided, the mining official shall declare the application complete. The mining official shall grant or deny the permit application within 30 days of declaring the application complete.
(Ord. 2006-1019(2), passed 10-19-2006; Ord. 2008-06, passed 9-18-2008)
(A) In the event a mining permit is approved for issuance by the city under the terms of this chapter, no operations shall be commenced until the permittee shall file with the City Secretary and maintain in current status sufficient security in the form of a bond or certificate of deposit approved for form by the city attorney, or cash in lieu of the full amount of the bond, in such principal sum of not less than $25,000.
(1) Such surety bond shall be executed by a reliable insurance company authorized to do business in the state as surety, and with the permittee as principle, running to the city for the benefit of the city and all persons concerned.
(2) Any certificate of deposit filed as permitted herein in lieu of the surety portion of the bond shall be free of any prior claim or obligation and shall not be pledged as security for any other purposes save and except as specified herein.
(3) Any such bond or other security pledged as required herein shall be effective on or before the date it is filed with the City Secretary and remain in force and effect for a period of at least six months subsequent to the expiration of the term of the permit issued herein.
(B) Any security filed as required under the provisions of this section shall be conditioned, on penalty of forfeiture or partial forfeiture to the city without written notice, on the following:
(1) The permittee shall comply with all of the terms and conditions of this chapter;
(2) The permittee shall promptly pay all fines, penalties or other assessments imposed upon permittee by reason of permittee’s breach of any of the terms, provisions and conditions of this chapter;
(3) The permittee shall remedy any and all damage to streets, curbs, gutters, water lines, fire hydrants and other property of the city, occasioned in any manner by permittee in connection with the drilling, operation or abandonment of said well;
(4) The permittee shall promptly fulfill all obligations under this chapter, and shall conduct all operations in full conformance with the requirements herein, including, but not limited to, abatement of dust and dirt, removal of mud from public streets and thoroughfares, watering of non-paved access roads and other similar terms and provisions;
(5) The permittee shall promptly clear all premises of all litter, trash, waste and other substances used, allowed or occurring in the excavation operations, and shall, after abandonment, grade, level and restore said property in conformance with the city’s drainage control ordinance; and
(6) The permittee shall in all things fulfill the requirements of the site plan, and if required, any reclamation or restoration of the site stated as a condition of the issuance of the permit.
(C) Each permittee, prior to the issuance of the permit, shall file with the City Secretary a certificate or certificates of insurance showing that the permittee has in full force and effect a policy or policies of standard comprehensive public liability insurance, including contractual liability covering bodily injuries and property damage, naming the permittee and the city as co-insured, and issued by an insurance company authorized to do business within the state. Such policy or policies, in the aggregate shall provide for the following minimum coverage:
(1) For bodily injury or death: $500,000 as to any one person and $1,000,000 as to any one accident; and
(2) For public liability for damage to property of others: $500,000.
(Ord. 2006-1019(2), passed 10-19-2006)
COMPLIANCE
(A) The oil and gas official and the mining official are hereby authorized to apply the proceeds of any security posted by a permittee to the cost of curing any condition or circumstance of noncompliance with respect to a permit issued under this chapter.
(B) Reasonable notice of the use of the security shall be given to the permittee. Notice may be shortened in consideration of threats to public health, safety and welfare.
(Ord. 2006-1019(2), passed 10-19-2006)
(A) A permit may be suspended or revoked for violation of any provision of this chapter, any restriction of the permit, or any requirement of the security posted for the permit.
(B) Subject to division (E) below, the permittee shall be given ten-days’ notice of the proposed suspension or revocation.
(C) The permit may be suspended or revoked by the City Council following a hearing noticed for that purpose. The hearing may be held at a regular meeting of the City Council.
(D) A permit suspension may impose specific requirements for a permittee to meet before the permit may be reinstated. The suspension shall provide whether it may be reinstated only by further council action, or whether the oil and gas official or mining official, as applicable, will be authorized to reinstate the permit.
(E) The oil and gas official or the mining official, as applicable, may issue an emergency suspension of a permit if necessary to protect public health or safety. The emergency suspension will last only until the City Council meets to consider a full suspension or revocation.
(Ord. 2006-1019(2), passed 10-19-2006)
Drilling and mining schedule of fees (due at time of filing application for permit):
Annual operating permit fee | As set by City Council from time to time |
Application for City Council consideration of proposal | As set by City Council from time to time |
Drilling or mining permit filing fee (new site) | As set by City Council from time to time |
Permit extension fee | As set by City Council from time to time |
Supplemental permit fee for existing wells | As set by City Council from time to time |
Transfer of permit fee | As set by City Council from time to time |
(Ord. 2008-06, passed 9-18-2008)
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