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ORDINANCE NO. 356
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF IRWINDALE ADDING NEW SECTIONS
17.62 THROUGH'L17.72 TO THE IRWINDALE
ZONING CODE RELATIVE TO MINING AND GEOLOGY.
THE CITY COUNCIL OF THE CITY OF IRWINDALFE,DOES ORDAIN:
SECTION 1. The following Sections are hereby
added to the Irwindale Municipal Code to read as follows:
(a) Chapter 17.62 entitled "DIVISION AND USE OF
LAND MINING PERMITS AND RECLAMATION PLANS,
PURPOSE, INTENT, DEFINITIONS AND SCOPE",
(b) Sections 17.62 through 17.72 in accordance
to Exhibit "A" attached hereto.
SECTION 2. The City Clerk shall certify to the
adoption of this ordinance and shall cause the same to be
processed in the manner prescribed by law.
APPROVED and ADOPTED this 24th day of September, 1981.
Arthur F. Tapia, Mayoil
ATTEST: i
Margar S. Barbosa, City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )ss.
CITY OF IRWINDALE )))))
I, Margaret S. Barbosa, City Clerk of the City of Irwindale,.
do hereby certify that the foregoing Ordinance No. 356 was
approved on first reading on the 27th day of August, 1981,
approved and adopted at a regular meeting held on the 24th day
of September, 1931, by the following vote:
AYES: COUNCILMEN: Barbosa, Castellanos, Michael Miranda, Pat
Miranda and Mayor Tapia
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
I
Marg et S. Barbosa, City Clerk
nu
Ordinance No. 356
EXHIBIT "A"
CHAPTER 1762 DIVISION AND USE OF LAND
MINING PERMITS AND RECLAMATION PLANS
PURPOSE, INTENT, DEFINITIONS AND SCOPE
17.62.010 PURPOSE AND INTENT. (a) This Chapter is adopted
pursuant to the California Surface Mining and Reclamation Act of
1975, Chapter 9, Public Resources Code.
17.62.020 The City Council hereby finds and declares that
the extraction of minerals is essential to the needs of the
society, and that the reclamation of mined lands is necessary to
prevent or minimize adverse effects on the environment and to
protect the public health and safety.
17.62.030 Thg City Council further finds that the reclamation
of mined lands as provided in this Chapter will provide for the
protection and subsequent beneficial use of the mined and reclaimed
land.
17.62.040 The City Council further finds that surface mining
takes place in diverse areas where the geologic, topographic,
climatic, biological, and social conditions are significantly
different and that reclamation operations and the specifications
therefore may vary accordingly.
17.62.050 DEFINITIONS. For the purpose of this Chapter,
certain words and terms are hereinafter defined and shall have the
meaning thus ascribed.
17.62.o6o "EXploration" or "prospecting" means the search
for minerals by geological, geophysical, geochemical or other
techniques, including, but not limited to, sampling, assaying,
drilling, or any surface or underground works needed to determine
the type, extent, or quantity of materials present.
17.62.070 "Mined Lands": Includes the surface, subsurface,
and groundwater of an area in which surface mining operations are
being, or have been conducted, including private ways and roads
appurtenant to any such area, land excavations, workings, mining
waste, and areas in which structures, facilities, equipment,
machines, tools, or other materials or property which result from,
or are used in, surface mining operations are located.
17.62.080 "Minerals"i Any naturally occurring chemical
element or compound, or groups of elements and compuunds, formed
from inorganic processes and organic substances, including, but
not limited, to coal, peat, and bituminous rock, but excluding
geothermal resources, natural gas, and petroleum.
17.62.090 "Mining Waste": Includes the residu&l of soil,
rock, mineral, liquid, vegitation, equipment, machines, tools, or
other materials or property directly resulting from or displaced
by, surface mining operations.
17.62.100 "Operator": Any person who is engaged in surface
mining operations, himself, or who contracts with others to conduct
operations on his behalf.
17.62.200 "Overburden"l Soil, rock, or other materials
that lie above a natural mineral deposit or in between deposits,
before or after their removal, by surface mining operations.
17.62.300 "�ermit": Any formal authorization from, or
approved by the City of Irwindale the absence of which would
preclude surface mining operations.
17.62.400 "Person": Any individual, fir, association,
corporation, organization, or partnership, or any city, county,
district, or the state or any department or agency thereof.
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Ordinance No. 356
EXHIBIT "A"
17.62.500 "Reclamation"L The process of land treatment
that maximizes post -mining land use compatible with Zoning and
the General Plan, and minimizes water degradation, air pollution,
damage to aquatic or wildlife habitat, flooding, erosion, and
other adverse effects from surface mining operations, including
mined lands are reclaimed as rapidly,as it reasonably feasible to
a usable condition for alternate land uses and create no danger
to public health or safety. The process may extend to affected
lands surrounding mined lands, and may require backfilling, grading,
resoiling, revegetation, soil coppaction, stabilization, or other
measures.
17.62.600 "State Board State Mining and Geology Board,
in the Department of Conservation, State of California.
17.02.700 "State Geologist": Individual holding office as
structured in Section 677 of Art1cie 3, Chapter 2 of Division 1 of
the Public Resources Code.
17.62.800 "Surface Mining Operations": All or any part of
the process involved in the mining of minerals on mined lands by
removing overburden and mining directly from the mineral deposits,
open -pit mining of minerals naturally exposed, mining by the auger
method, dredging and quarring, or surface work incident to an
underground mine. Surface mining operations shall include, but are
not limited to:
1 Inplace distillation, restoring or leaching.
2 The production and disposal of mining waste.
3 Prospecting and exploratory activities.
3.7.65 SCOPE. The provisions of this Chapter shall
apply to all areas of the City of Irwindale.
The provisions of this Chapter are not applicable to:
(1) Excavations or grading conducted for farming or
onsite construction or for the purpose of.restoring land
following a flood or natural disaster.
(2) Prospecting and exploration for minerals of
commercial value where less than .1000 cubic yards of
overburden is removed in any one location of one acre
or less.
(3) Any surface mining operation that does not involve
either the removal of a total of more than 1000 cubic
yards of minerals, ores, and overburden or involve more
than one acre in any one location.
(4) Surface mining operations that are required by
federal law in order to protect a mining claim, if such
operations are conducted solely for that purpose.
(5) Such other mining operations that the City of
Irwindale determines to be of an infrequent nature, and
which involve only minor surface disturbances and are
categorically identified by the State Board pursuant
to Sections 2714(d) and 2758(c) of the Public Resources
Code. (California Surface Mining and Reclamation Act
of 1975)
17.64 1 PERMIT AND RECLAMATION PLAN REQUIREMENT. Except
as provided In Section 2776 of the Public Resources Code, as
amended from time -to -time, no person shall engage or commence to
engage in surface mining operations as defined in this Chapter
without first obtaining a permit tommine and approval of a
reclamation plan, in accordance with the provisions set forth in
this Chapter and as further profided in Article 5, California
Surface Mining and Reclamation Act of 1975. A fee as established
for the permitted uses in a City fee resolution shall be paid to
the City of Irwindale at the time of filing.
� 52
Ordinance No. 356
EXHIBIT "A"
(a) All applications for a Reclamation Plan for surface
mining operations shall be made on forms provided by the City,
and as called for by Section 2772,;of California Surface Mining
and Reclamation Ace of 1975.- No person who has obtained a
vested right to conduct a surface mining operation prior to
January 1, 1976, shall be required to secure a permit pursuant
to the provisions of this Chapter as long as such.vested right
continues, provided that no substantial change is made in that
operation except in accordance with the provisions of this
Chapter. A person shall be deemed to have such vested rights
if, prior to January 1, 1976, he has in good faith and in
reliance upon a permit or other authorization, if such permit
or other authorization was required, diligently commenced
surfacelcmining operations and incurred substantial liabilities
for work and materials necessary therefor. Expenses incurred
in obtaining the enactment of an ordinance in relation to a
particular operation or the issuance of a permit shall not be
deemed liabilities for work or materials.
(b) A person who has obtained a vested right to conduct
surface mining operations prior to January 1, 1976, shall
submit to the City and receive within a period of twenty-four
months, approval of a Reclamation Plan for operations to be
conducted after January 1, 1976, unless a Reclamation Plan
was approved by the City of Irwindale prior to January 1, 1976,
or the Irwindale Community Redevelopment Agency after
January 1, 1976, and the person submitting that plan has
accepted responsibility for reclaiming the mined lands in
accordance with that plan.
(c) Nothing in this Chapter shall be construed as re-
quiring the filing of a reclamation plan for, or the reclamation
of, mined lands lands on which surface mining operations were
conducted prior to, but not after, January 1, 1976.
(d) The State Geologist shall be notified of the filing
of all permit applications. This Chapter shall be continuously
reviewed and revised, as necessary, in order to ensure that it
is in accordance with the State policy for mined lands
reclamation.
(e) All reclamation plans previously adopted shall remain
in effect until modified as provided herein.
17.65 REVIEW PROCEDURE. The City shall review the
permit application, reclamation plan and appropriate environmental
documents and schedule a public hearing within sixty (60) days of
the date the City Manager deems the aforesaid material filed.
Said public hearing shall be held by the Planning Commission for
the purpose of consideration of the issuance of a permit for the
proposed mining operation.
17.65.010 PREREQUISITE CONDITIONS: Before a surface mining
permit may be granted and before a reclamation plan may be approved,
it shall be shown:
1. That the granting of the permit or approval of the
plan will not be detrimental to the public health,
welfare or safety or injurious to the property in such
zone or vicinity.
2. That adverse environmental effects are prevented or
minimized and that mined lands are reclaimed to a usable
condition which is readily adaptable for alternative land
uses in a reasonably prudent and expeditious manner.
3. That the utilization of such permit or implementation
of such plan will be in compliance with the Irwindale
Municipal Code and will not adversely affect the compre-
hensive General Plan.
4. That such plan or permit will to the extent it
encourages the production and conservation of minerals,
15
Ordinance No. 356
EXHIBIT "A"
and will to the same extent recognize and give considera-
tion to values relating to recreation, watershed, wildlife,
range and forage, aril aesthetic enjoyment, and community
development and amenities.
14.65.020 FINDINGS. Written findings -of fact shall be made
for each approval or denial of a plan or permit. The requirements
of the California Environmental Quality Act shall be met.
17.65.030 CONDITIONS OF APPROVAL. The approval of any plan
or permit may be subject to conditions set forth in the findings of
fact. Any plan or permit may be revoked by the same procedure by
which it is granted if conditions of approval ore not complied with
or for violation of any law or regulation.
j
17.66 APPEAL. An appeal of the determination by the
City Manager in the exercise of the authority granted herein may
be jade to the Planning Commission. Appeal of a Planning Commission
decision may be made to the City Council. All appeals must be filed
within five (5) working days after a decision and must be accompanied
by an appeal fee equal to one-half the amount of the application fee.
1'(. 17.67 PERFORMANCE BOND. Upon finding by the City of
Irwindale that a supplemental guarantee for the reclamation of
the mined land is necessary, and upon the determination by the City
Manager of the cost of the reclamation of the mined land according
to the Reclamation Plan, a surety bond, lien, or other security
guarantee conditioned upon the faithful performance of the
Reclamation Plan shall be filed with the City in a form and with
content approved by the City Attorney. Such surety shall be
executed in favor of the City of Irwindale and reviewed and revised,
as necessary. Such surety shall be maintained in an amount equal
to the cost of completing the remaining reclamation of the site as
prescribed in the approved or amended Reclamation Plan during the
succeeding two-uear period, or other veasonable term. The City may
require other forms of guaranteed performance of the plan or permit.
17.68 PUBLIC RECORDS. Reclamation Plans, reports,
applications, and other documents submitted pursuant to this
Chapter, are public records unless it can be demonstrated to the
satisfaction of the City of Irwindale that the release of such
information, or part thereof, would reveal production reserves, or
rate of depletion entitled to protection as proprietary information.
The City of Irwindale shallidentify such proprietary information
as a separate part of each application. A copy of all permits,
reclamation plans, reports, applications, and other documents
submitted pursuant to this Chapter, itcluding proprietary information,
shall be furnished to the District Geologist of the State Division
of Mines (and Geology) by the City of Irwindale. Proprietary
information shall be made available to persons other than the
State Geologist only when authorized by the mine operatmr and by
j the mine owner in accordance with Section 2778 of the Public
Resources Code as amended from time to time.
17.69 PERIODIC REVIEW. As a condition of approval for
the Permit or the Reclamation Plan, or both, a schedule for
periodic inspections of the site shall be established to evaluate
continuing compliance with the Permit and Reclamation Plan.
17.70 AMENDMENTS. Amendments to an approved Reclamation
Plan may be submitted to the City of Irwindale at any time,
detailing proposed changes from the original plan. Substantial
deviations from the original plan shall not be undertaken until
such amendment has been filed with, and approved, by the City of
Irwindale.
1.54
Ordinance No. 356
EXHIBIT "A"
Amendments to an approved Reclamation Plan shall be
approved by the same procedure as is prescribed for approval
of a Reclamation Plan, including fees which may be reasonably
imposed as a result of additional public hearings.
17.71 VARIANCE. Variances from an approved Reclamation
Plan may be allowed upon request of the operatom.n and applicant,
if they are not one and the same, but only and upon a finding by
the City of Irwindale that each requested variance is necessary
to achieve the prescribed or higher post -mining use of the
reclaimed land.
17.72 ENFORCEMENT. The provisions of this Chapter shall
be enforced by any authorized member of the City of Irwindale or
such other persons as may be designated by the Council.