Sec. 10-4.801. Fees: Application.

   Each application for a surface mining permit or any amendments and modifications thereto shall be accompanied by the appropriate fee as determined in the Master Fee Resolution adopted by the Board.

(§ 1, Ord. 1190, eff. September 5, 1996; as amended by Ord. 1518, eff. February 13, 2020)

Sec. 10-4.802. Fees: Inspections and administrative.

   Each operator individually shall be responsible for the payment of fees to cover the costs incurred by the County in annually inspecting the facilities of that operation, pursuant to Section 10-4.1103 of this chapter, as determined by the Master Fee Resolution adopted by the Board and any and all costs associated with the administration of Article 11. Said fee shall be due within thirty (30) days of written notification by the Director. This fee shall also cover the costs of the annual compliance review required under Article 7 of this chapter.

   In addition, each operator shall participate in a funding mechanism to reimburse the County for any costs associated with administering the Act and this chapter, not otherwise covered by the fees listed above. Administrative fees shall be placed in a separate account of the General Fund that is used solely for the purpose of administering the Act and this chapter.

(§ 1, Ord. 1190, eff. September 5. 1996; as amended by Ord. 1518, eff. February 13, 2020)

Sec. 10-4.803 Fees: Maintenance and remediation fund.

   Each operator shall pay an annual surcharge of two (2¢) cents per ton (sold)to be placed into a maintenance and remediation fund to be used solely for purposes directly related to the protection and restoration of the lower Cache Creek watershed. This surcharge shall be imposed in addition to the surcharge required for the CCRMP and CCIP. The maintenance and remediation fund shall be held by the County in a separate trust account, segregated from any other revenues.

   No expenditures may be drawn from this fund for thirty (30) years. After 2026, interest derived from the maintenance and remediation fund shall be made available for the following activities: remediation of problems related to mercury bioaccumulation in wildlife; remediation of hazardous materials contamination; environmental monitoring; and/or ongoing site maintenance (e.g., fencing, berms, drainage, levees, or permanent lakes). After 2046, the County shall determine whether the fund is still merited. If it is determined that monitoring, maintenance, and/or remediation is no longer required, then the entire fund shall be made available for implementation of the goals of the OCMP and/or CCRMP, such as the restoration or creation of habitat, the creation of open space and passive recreation opportunities, and restoration and stabilization of Cache Creek.

   Any disbursement of money from the maintenance and remediation fund shall require approval by the Board of Supervisors. Use of this fund for any purposes other than those specified above is prohibited.

(§ 1, Ord. 1190, eff. September 5, 1996; as amended by Ord. 1518, eff. February 13, 2020)

Sec. 10-4.804. Fees: Delinquent payment.

   Failure to pay the above fees in a timely manner shall be considered a violation and may be enforced under the provisions of Article 12 of this chapter.

(§ 1, Ord. 1190, eff. September 5, 1996; as amended by Ord. 1518, eff. February 13, 2020)

Article 9. Confidentiality of Records

Sec. 10-4.901. Confidentiality of records.

   Any proprietary information submitted in a surface mining permit application, a report, or other document required by this chapter, which is considered by the operator to be confidential shall be submitted under separate cover and shall be so marked by the Director. Proprietary information shall include, but may not be limited to, the following:

   (a)   Annual production figures, reserves, or rates of depletion of the aggregate resource being mined, pursuant to Section 2778(a)   of the Act;

   (b)   Well log information; and

   (c)   The location and extent of sensitive archaeological sites.

   The proposed confidential information shall be accompanied by a statement citing the legal authority supporting the operator’s claim of confidentiality. The request for confidentiality shall be reviewed by the Director and either approved or denied.

   The decision to reject or accept the claim of confidentiality by the Director shall be mailed and posted in accordance with Section 10-4.507 of this chapter. Any request for confidentiality approved by the Director shall become final within fifteen (15) days, unless appealed to the Commission, as provided in Article 10 of this chapter. The appellate hearing shall be conducted such that the information remains confidential until a decision is reached.

   If the request is approved, then the confidential information shall be filed under separate cover. The contents of the confidential file shall be made available only to the Director and those persons authorized in writing by the operator and by the property owner. If the request is denied, the operator may withdraw the information and include it with the application or report as a public document. Failure to submit any necessary information may result in an incomplete application or report.

(§ 1, Ord. 1190, eff. September 5, 1996; as amended by Ord. 1518, eff. February 13, 2020)

Article 10. Appeals

Sec. 10-4.1001. Appeals: Planning Commission.

   The action of the Director on any decision made pursuant to this chapter shall be final unless, within fifteen (15) days after such action, any person with appropriate standing files a written appeal, and pays the appropriate fee, to the Clerk of the Commission. The timely filing of an appeal shall stay the Director’s decision, which shall serve as a recommendation to the Commission. All such appeals shall reference the decision of the Director and shall specifically describe the grounds for the appeal.

(§ 1, Ord. 1190, eff. September 5, 1996; as amended by Ord. 1518, eff. February 13, 2020)

Sec. 10-4.1002. Planning Commission appeals: Hearings.

   The hearing on an appeal of a decision by the Director shall be scheduled within sixty (60) days from when the appeal was filed. The Director shall provide notice of the appeal hearing, pursuant to Section 10-4.507 of this chapter. Upon hearing the appeal, the Commission shall either affirm, reverse, or modify the appealed decision, or refer the matter back to the Director for further action.

   A decision of the Commission may be appealed to the Board, pursuant to this article. The appeal rights under this section shall be exercised prior to filing an appeal pursuant to Section 10-3.1007 of this chapter.

(§ 1, Ord. 1190, eff. September 5, 1996; as amended by Ord. 1518, eff. February 13, 2020)