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)

Sec. 10-4.1003. Appeals: Board of Supervisors.

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

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