HomeMy WebLinkAbout534ORDINANCE NO. 534
AN ORDINANCE OF THE CITY OF IRWINDALE
REPLACING CHAPTER 17.63 "MINING PERMITS AND
RECLAMATION PLANS" WITH A NEW CHAPTER ON
SURFACE MINING AND RECLAMATION CONSISTENT WITH
THE SMARA MODEL ORDINANCE
WHEREAS, Ordinance No. 356 was adopted in 1981, consistent
with the requirements of the Surface Mining and Reclamation Act of
1975 (Public Resources Code Sections 2710, et seq.) hereafter
referred to as "SMARA";
WHEREAS, with the adoption of Ordinance No. 356, codified in
Chapter 17.63 of the Irwindale Municipal Code, the City is the lead
agency under SMARA for approving Surface Mining operations and
Reclamation plans within the City, in accordance with the
requirements of SMARA;
WHEREAS, the State Legislature has atuended the terms of SMARA
approximately seventeen (17) times since it was enacted in 1975,
making it difficult for local agencies under SMARA to maintain up-
to-date ordinances consistent with the terms and provisions of
SMARA;
WHEREAS, on or about May 18, 1998, the City was sent a notice
from the State Mining and Geology Board (the "Board") of
deficiencies in Ordinance No. 356 as a result of the numerous
changes to the requirements of SMARA. The Board's notice provided
that the City has 90 days to submit a revised Ordinance in
accordance with SMARA;
WHEREAS, upon receipt of a revised Ordinance from the City,
the Board has 60 days to review the revised Ordinance for
certification;
WHEREAS, unless the City revises Ordinance No. 356 in
accordance with the existing requirements of SMARA, the Board will
assume full authority for reviewing and approving Reclamation plans
submitted to the City of Irwindale, until such time as a revised
Ordinance is adopted and submitted to the Board for review; and
WHEREAS, this Ordinance addresses any and all purported
deficiencies with Ordinance No. 356 and is consistent with the
policies of SMARA, the Model SMARA Ordinance and State law.
NOW, THEREFORE, the City Council of the City of Irwindale does
hereby ordain as follows:
Section 1. Chapter 17.63 of the Irwindale Municipal Code of
the City of Irwindale, entitled "Mining Permits and Reclamation
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Plans,, is hereby deleted in its entirety and replaced with the
following new Chapter 17.63:
Chapter 17.63
SURFACE MINING AND RECLAMATION PLANS
Sections
17.63.010
Purpose and Intent
17.63.020
Definitions
17.63.030
Compliance with SMARA
17.63.040
Scope
17.63.050
Vested Rights
17.63.060
Process
17.63.070
Standards for Reclamation
17.63.080
Statement of Responsibility
17.63.090
Findings for Approval
17.63.100
Financial Assurances
17.63.110
Interim Management Plans
17.63.120
Annual Report Requirements
17.63.130
Inspections
17.63.140
Violations and Penalties
17.63.150
Appeals
17.63.160
Fees
17.63.170
Mineral Resource Protection
17.63.180
Severability
17.63.010 Purpose and Intent.
A. The City Council recognizes that the extraction of
minerals is essential to the continued economic well-being of the
City and to the needs of society. The City Council also recognizes
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, and that surface mining takes place in
diverse areas where the geologic, topographic, climatic, biological
and social conditions are significantly different, causing
Reclamation operations and Reclamation specifications to vary
accordingly.
B. The purpose and intent of this Chapter is to ensure the
continued availability of important mineral resources, while
regulating surface mining operations as required by California's
Surface Mining and Reclamation Act of 1975 (Public Resources Code
Sections 2710 et seq.), as amended, hereinafter referred to as
"SMARA", and State Mining and Geology Board regulations
(hereinafter referred to as "State regulations") for surface mining
and reclamation practices (California Code of Regulations [CCR],
Title 14, Division 2, Chapter 8, Subchapter 1, Sections 3500 et
seq.), to ensure that:
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-2. ORDINANCE NO. 534
(1) Adverse environmental effects are prevented or
minimized and mined lands are reclaimed to a usable condition and
are readily adaptable for alternative land uses.
(2) The production and conservation of minerals are
encouraged, while giving consideration to values relating to
recreation, watershed, wildlife, range and forage, aesthetics and
enjoyment.
(3) Residual hazards to the public health and safety are
eliminated. _
17.63.020 Definitions. For purposes of this Chapter, the
following words and terms shall have the following meanings:
A. "Area of Regional Significance" means an area designated
by the State Mining and Geology Board which is known to contain a
deposit of minerals, the extraction of which is judged to be of
prime importance in meeting future needs for minerals in a
particular, region of the State within which the minerals are
located and which, if prematurely developed for alternate
incompatible land uses, could result` in the premature loss of
minerals that are of more than local significance.
B. "Area of Statewide Significance" means an area designated
by the Board which is known to contain a deposit of minerals, the
extraction of which is judged to be of prime importance in meeting
future needs for minerals in the State and which, if prematurely
developed for alternate incompatible land uses, could result in the
permanent loss of minerals that are of more than local or regional
significance.
C. "Board" means the State Mining and Geology Board.
D. "Borrow Pits" means excavations created by the surface
mining of rock, unconsolidated geologic deposits or soil to provide
material (borrow) for fill elsewhere.
E. "Compatible Land Uses" means land uses inherently
compatible with mining and/or that require a minimal amount of
public or private investment in structures and land improvements,
and which may allow mining because of the relative economic value
Of the land and its improvements. Examples of such uses may
include, but are not limited to, very low density residential,
geographically extensive but low -impact industrial, recreational,
agricultural, silvicultural, grazing, and open space.
F. "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.
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G. "Haul Road" means a road along which material is
transported from the area of excavation to the processing plant or
stock pile area of the Surface Mining Operation.
H. "Idle" means Surface Mining Operations curtailed for a
period of one year or more, by more than 90 percent of the
operation's previous maximum annual mineral production, with the
intent to resume those Surface Mining Operations at a future date.
I. "Incompatible Land Uses" means land uses inherently
incompatible with mining and/or that require public -or privates
investment in structures, land improvements, and landscaping and
that may prevent mining because of the greater economic value of
the land and its improvements. Examples of such uses may include,
but are not limited to, high density residential, low density
residential with high unit value, public facilities, geographically
limited but impact intensive industrial, and commercial.
J. "Mined Lands" means the surface, subsurface, and ground
water of an area in which Surface Mining Operations will be, 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.
K. "Minerals" means any naturally occurring chemical element
or compound, or groups of elements and compounds, 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.
L. "Mining Waste" means the residual of any soil, rocky
mineral, liquid, vegetation, equipment, machines, tools, or other
materials or property directly resulting from or displaced by,
Surface Mining Operations, and any other liquid or solid waste that
may result from Surface Mining Operations.
M. "Operator" means any person who is engaged in Surface
Mining Operations, or who contracts with others to conduct
operations on said party's behalf, except a person who is engaged
in Surface Mining Operations as an employee with wages as his/her
sole compensation.
N. "overburden" means soil, rock, or other materials that
lie above a natural material deposit or in between deposits, before
or after their removal, by surface mining operations.
O. "Permit" means any formal authorization from, or approved
by the City, the absence of which would preclude surface mining
operations.
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P. "Person" means any individual, firm, association,
corporation, organization or partnership, and any governmental
agency.
Q. "Reclamation" means the combined process of land
treatment that maximizes post -mining land uses compatible with
zoning and the general plan, and that minimizes water degradation,
air pollution, damage to aquatic or wildlife habitat, flooding,
erosion, and other adverse effects from surface mining operations,
including adverse surface effects incidental to underground mines,
so that mined lands are reclaimed as rapidly as is reasonably
feasible to a usable condition which is readily adaptable for
alternate land uses and creates 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 compaction, stabilization or other measures.
R. "SMARA" means the Surface Mining and Reclamation Act of
1975, and all amendments thereto, as set forth in Public Resources
Code Sections 2710 et seq., and all regulations thereunder (14 CCR
53500 et seq.).
S. "Stream Bed Skimming" means the excavation of sand and
gravel from stream bed deposits above .the mean summer water level
or stream bottom, whichever is higher.
T. "Surface Mining Operations" means 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 quarrying, or surface work incident to an
underground mine. Surface Mining Operations include, but are not
limited to, in place distillation or retorting or leaching, the
production and disposal of Mining Waste, Exploration or
Prospecting, Borrow pitting, streambed skimming, and segregation
and stockpiling of mined materials (and recovery of same)
17.63.030 Compliance with SMARA.
All Operators and Persons conducting or seeking to conduct
Surface Mining Operations shall comply with the provisions of SMARA
and State regulations thereunder (14 CCR 53500 et seq.), as such
statutes and regulations may be amended from time to time, except
that when the provisions of this Chapter are more restrictive, this
Chapter shall prevail. Copies of SMARA and the State regulations
are on file in the City Clerk's office for public review.
17-63.040 Scope.
Except as provided in this Chapter, no Person shall conduct
Surlace Mining Operations unless all use Permits, a Reclamation
P1,1n, and all financial assurances for Reclamation, have first been
approved by the City. Any applicable exemption from this
re(lilirement does not automatically exempt a project or activity
2271wnroi 1111411179447 1 A0122/98 S OP 1) 1 NANCE' NO. 534
from the application of other regulations, ordinances or policies
of the City, including but not limited to, the application of the
California Environmental Quality Act, Public Resources Code
Sections 21000 et seq. ("CEQA"), the requirements of other required
approvals or permits, the payment of development impact fees, or
the imposition of other dedications and exactions as may be
permitted under any federal, State or local law. The provisions of
this Chapter shall apply to all lands within the City, public and
private. Subject to the aforementioned exceptions, this Chapter
shall not apply to the following activities:
(1) Excavation or grading conducted for farming or onsite
construction or for the purpose of restoring land following a flood
or natural disaster.
(2) Onsite excavation and onsite earthmoving activities which
are an integral and necessary part of a construction project that
are undertaken to prepare a site for the construction of
structures, landscaping, or other land improvements, including all
related excavation, grading, compaction, or the creation of fills,
road cuts, and embankments, whether or not surplus materials are
exported from the site, subject to all of the following conditions:
(a) All required permits for the construction,
landscaping, or related land improvements have been approved
by the appropriate public agency in accordance with applicable
provisions of State law and locally adopted plans and
ordinances, including, but not limited to, CEQA.
(b) The City's approval of the construction project
included consideration of the onsite excavation and onsite
earthmoving activities pursuant to CEQA.
(c) The approved construction project is consistent with
the general plan and applicable zoning for the site.
(d) Surplus materials shall not be exported from the
site unless and until actual construction work has commenced
and shall cease if it is determined that construction
activities have terminated, have been indefinitely suspended,
or are no longer being actively pursued.
(3) Operation of a plant site used for Mineral processing,
including associated onsite structures, equipment, machines, tools,
or other materials, and including the onsite stockpiling and onsite
recovery of mined materials, subject to all of the following
conditions:
(a) The plant site is located on lands designated for
industrial or commercial uses under the City's general plan;
(b) The plant site is located on lands zoned quarry,
industrial or commercial, or are contained within a zoning
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ORI)INANCH NO. 534
category intended exclusively for industrial activities by the
City;
(c) None of the Minerals being processed are being
extracted onsite; and
(d) All Reclamation work has been completed pursuant to
an approved Reclamation plan for any Mineral extraction
activities that occurred onsite after January 1, 1976.
(4) Prospecting for, or the extraction of, Minerals fo-r
commercial purposes and the removal of Overburden in total amounts
of less than l,000 cubic yards in any one location of one acre or
less.
(5) Surface Mining Operations that are required by federal
law in order to protect a mining claim, if those operations are
conducted solely for that purpose.
(6) Any other Surface Mining Operations that the Board
determines to be of an infrequent nature and which involve only
minor surface disturbances.
(7) The solar evaporation of sea water or bay water for the
production of salt and related minerals.
(8) Emergency excavations or grading conducted by the
California Department of water Resources or the Reclamation Board
for the purpose of averting, alleviating, repairing, or restoring
damage to property due to imminent or recent floods, disasters, or
other emergencies.
(9) Road construction and maintenance for timber or forest
operations if the land is owned by the same person or entity, and
if the excavation is conducted adjacent to timber or forest
operation roads. This exemption is only applicable if slope
stability and erosion are controlled in accordance with Board
regulations and, upon closure of the site, the Person closing the
Site implements, where necessary, revegetation measures and
postclosure uses in consultation with the Department of Forestry
and Fire Protection. This exemption does not apply to onsite
excavation or grading that occurs within 100 feet of a Class One
watercourse (as defined under State Law) or 75 feet of a Class Two
watercourse (as defined under State Law), or to excavations for
materials that are, or have been, sold for commercial purposes.
17.63.050 Vested Riqhts
No Person who obtained a vested right to conduct Surface
Mining Operations at a particular site prior to January 1, 1976,
shall be required to secure a Permit to conduct such operations at
said facility, as long as the vested right continues and as long as
no substantial changes have been made in the operation, except
thn;e changes made and approved in accordance with SMARA, State
Z271u,nm3-a14i317Iu47 � A012219e -'/ - ORD I NANC:E NO. 534
regulations, and this Chapter. Where a Person with vested rights
continues Surface Mining Operations in the same area subsequent to
January 1, 1976, such Person shall obtain City approval of a
Reclamation plan covering the mined lands disturbed by such
subsequent surface mining. In those cases where an overlap exists
(either horizontally and/or vertically) between pre- and post-SMARA
mining, the Reclamation plan shall provide for Reclamation
proportional to that disturbance caused by the mining after the
effective date of SMARA (January 1, 1976). All other requirements
Of State law and this Chapter shall apply to vested Surface Mining
Operations.
17.63.060 Process.
A. Applications for a use Permit or a Reclamation plan for
Surface Mining Operations shall be made on forms provided by the
Planning Department. Said applications shall be filed in
accordance with this Chapter and all procedures established by the
City Planner. The forms for Reclamation plan applications shall
require, at a minimum, each of the elements deemed necessary to
facilitate an expeditious and fair evaluation of the proposed
Reclamation plan, as determined by the City Planner.
B. The Reclamation plan application shall be submitted in
conjunction with the application for a use Permit for Surface
Mining Operations. For any Reclamation plan application that is
not submitted simultaneously with an application for a use Permit,
or for any proposed amendment to a Reclamation plan, the
Reclamation plan application shall include all information
concerning the mining operation required for the processing of the
Reclamation plan. All documentation for the Reclamation plan shall
be submitted to the City at one time.
C. Applications for a use Permit or a Reclamation plan shall
include all required environmental review forms and information
prescribed by the City Planner.
D. Upon completion of the environmental review and filing of
all documents required by the City Planner, consideration of any
use Permit or Reclamation plan for the proposed or existing Surface
Mine Operation shall be completed pursuant to this Code at a public
hearing before the Planning Commission, and pursuant to Section
2774 of the Public Resources Code.
E. Within thirty (30) days of acceptance of an application
for a use Permit for Surface Mining Operations and/or a Reclamation
Plats, as complete, the Planning Department shall notify the State
Department of Conservation of the filing of the application(s).
Whenever Surface Mining Operations are proposed in the 100 -year
flood plain of any stream, as shown in Zone A of the Flood
Insurance Rate Maps issued by the Federal Emergency Management
Agou cy, and within one mile, upstream or downstream, of any State
hi,ahway bridge, the Planning Department shall also notify the State
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8 01M LNANCE NO. 534
Department of Transportation that the application has been
received.
F. The Planning Department shall process the applications)
and conduct any necessary environmental review pursuant to CEQA and
any City environmental review guidelines.
G. Subsequent to completion of all appropriate environmental
review, the Planning Department shall prepare a staff report with
recommendations for consideration by the Planning Commission.
H. The Planning Commission shall hold at least one noticed
public hearing on the use Permit and/or the Reclamation plan.
I. Prior to final approval of a Reclamation plan, or any
financial assurances (as provided in this Chapter), or any
amendments to the Reclamation plan or existing financial
assurances, the Planning Commission shall certify to the State
Department of Conservation that the Reclamation plan and/or the
financial assurances comply with the applicable requirements of
State law, and shall submit the Reclamation plan, any financial
assurances, or any amendments thereto, to the State Department of
Conservation for review. The Planning Commission may conceptually
approve the Reclamation plan and ,financial assurances before
submittal to the State Department of Conservation. If a use Permit
is being processed concurrently with the Reclamation plan, the
Planning Commission may simultaneously also conceptually approve
roll the use Permit. However, the Planning Commission may defer action
on the use Permit until taking final action on the Reclamation plan
and financial assurances. If necessary to comply with any permit
processing deadlines, the Planning Commission may conditionally
approve the use Permit with the condition that the Planning
Department shall not issue the use Permit for the Surface Mining
Operation until cost estimates for financial assurances have been
reviewed by the State Department of Conservation, and final action
has been taken on the Reclamation plan and financial assurances.
J. Pursuant to Public Resources Code Section 2774(d), the
State Department of Conservation shall be given 30 days to review
and comment on the Reclamation plan and 45 days to review and
comment on the financial assurances. The Planning Commission shall
evaluate written comments received, if any, from the State
Department of Conservation during the comment periods. City Staff
shall prepare a written response describing the disposition of the
major issues raised by the State for the Planning Commission's
approval. In particular, when the Planning Commission's position
va)ies from the recommendations and objections raised in the
St,)te's comments, the written response shall address, in detail,
why specific comments and suggestions were not accepted. Copies of
any written comments received and responses prepared by the
Punning Commission shall be promptly forwarded to the applicant
and/or Operator.
U'+1 "X 19 1 M1411794n1 10122P)N ') (It 1)1 NAN Cls NO. 534
K. The Planning Commission shall then take action to
approve, conditionally approve, or deny the use permit and/or
Reclamation plan, and to approve the financial assurances pursuant
to Public Resources Code Section 2770(d).
L. The Planning Department shall forward a copy of each
approved use Permit for Surface Mining Operations and/or approved
Reclamation plan, and a copy of the approved financial assurances,
to the State Department of Conservation. By July 1 of each year,
the Planning Department shall submit to the State Department of
Conservation for each active or idle mining operation, a copy c4
the use Permit and/or Reclamation plan amendments, whatever is
applicable, or a statement that there have been no changes from the
previous year.
17.63.070 Standards for Reclamation.
(a) All Reclamation plans shall comply with the specific
requirements of SMARA (PRC §2772 and §2773) and applicable State
regulations (14 CCR §3500-3505). Reclamation plans approved after
January 15, 1993, Reclamation plans for proposed new mining
operations, and any substantial amendments to previously approved
Reclamation plans, shall also comply with all reclamation
performance standards, and requirements under the State regulations
(14 CCR §3700-3713).
(b) The City may impose additional performance standards as
developed either in reviewing individual projects, as warranted, or
through the formulation and adoption of City performance standards.
(c) Reclamation activities shall be initiated at the earliest
Possible time on those portions of the mined lands that will not be
subject to further disturbance. Interim Reclamation may also be
required for mined lands that have been disturbed and that may be
disturbed again in future operations. Reclamation may be done on
an annual basis, in stages compatible with continuing operations,
or upon completion of all excavation, removal, or fill, as approved
by the City. Each phase of Reclamation shall be specifically
described in the Reclamation plan and shall include (a) the
beginning and expected end dates for each phase; (b) all
Reclamation activities required; (c) criteria for measuring
completion of specific Reclamation activities; and (d) estimated
costs for completion of each phase of Reclamation.
17.63.080 Statement of Responsibility.
The Person submitting the Reclamation plan shall sign a
statement accepting responsibility for reclaiming the mined lands
in accordance with the Reclamation plan. Such statements shall be
kept by the Planning Department. At or prior to the sale or
transfer of the Surface Mining Operation, any new Operator shall
submit a signed statement of responsibility to the Planning
Department accepting responsibility for reclaiming the mined lands
ill 21'1'ordance with the Reclamation plan.
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17-63.090 Findings for Approval.
E A. Use Permit Approvals. In addition to any other findings
required by this Code, use Permits for Surface Mining Operations
shall include a finding that the project complies with the
provisions of SMARA and the State regulations thereunder.
B. Reclamation Plans. No Reclamation plan is to be approved
unless the following findings have been made:
(a) The Reclamation plan complies with SMARA, Sections
2772 and 2773, and any other applicable provision.
(b) The Reclamation plan complies with applicable State
Regulations (CCR §3500-3505, and §3700-3713).
(c) The Reclamation plan and potential uses of reclaimed
land pursuant to the plan, are consistent with this Chapter,
the City's General Plan and any applicable resource plan or
element.
(d) The Reclamation plan has been reviewed pursuant to
CEQA and the City's environmental review, and all significant
adverse impacts from Reclamation of the Surface Mining
Operations will be mitigated to the maximum extent feasible.
(e) The land and/or other resources such as water bodies
to be reclaimed, will be restored to a condition that is
compatible with, and blends in with, the surrounding natural
environment, topography and other resources.
(f) The Reclamation plan will restore the mined lands to
a usable condition which is readily adaptable for alternative
land uses consistent with the General Plan and any applicable
resource plan.
(g) A written response to the State Department of
Conservation has been prepared, describing the disposition of
major issues raised by that Department. where the City's
position varies from the recommendations or any objections
raised by the State Department of Conservation, the City's
response shall address, in detail, why specific comments and
suggestions by that Department were not accepted.
17.63.100 Financial Assurances.
A. To ensure Reclamation proceeds in accordance with the
approved Reclamation plan, all Reclamation plans shall include a
provision providing for financial assurances with security that
will not be released until the City has provided written approval
of :;atisfactory completion of the Reclamation plan. The applicant
may provide security in the form of a surety bond, trust fund,
iir(,vocable letter of credit from an accredited financial
in:a itution, or other method of security acceptable to the City and
221/mx,j W1111nwa1 4 M022110x 11 ORI) I NANCE NO. 534
the State Mining and Geology Board, as specified in the State
regulations, and in an amount the City reasonably determines is
adequate to perform Reclamation in accordance with the approved
Reclamation plan. Financial assurances shall be made payable to
the City of Irwindale and the State Department of Conservation.
B. Financial assurances will be required to ensure
compliance with elements of the Reclamation plan, including but not
limited to, revegetation and landscaping requirements, requirements
for adequate and appropriate fill material, grading and compaction
requirements, restoration of aquatic or wildlife habitat,
restoration of water bodies and water quality, slope stability and
erosion and drainage control, disposal of hazardous materials, and
other measures, if necessary.
C. Cost estimates for the financial assurance shall be
submitted to the Public Works Department for review and approval
prior to the time the Operator secures financial assurances. The
Public Works Director shall forward a copy of the cost estimates,
together with any documentation received supporting the amount of
the cost estimates, to the State Department of Conservation for
review. If the State Department of Conservation does not comment
within 45 days of receipt of these estimates, it shall be assumed
that the cost estimates are adequate, unless the City determines
additional costs may be incurred. The Public Works Director shall
have the discretion to approve the financial assurances if they
meet the requirements of this Chapter, SMARA, and applicable State
regulations.
D. The amount of the financial assurance shall be based upon
the estimated costs of Reclamation for the years or phases
stipulated in the approved Reclamation plan, including any
maintenance of reclaimed areas as may be required, subject to
adjustment for the actual amount required to reclaim lands
disturbed by surface mining activities since January 1, 1976, and
new lands to be disturbed by surface mining activities since
January 1, 1976, and new lands to be disturbed by surface mining
activities in the upcoming year. Cost estimates should be prepared
by a California registered Professional Engineer and/or other
similarly licensed and qualified professionals retained by the
Operator and approved by the Public Works Director. The estimated
cost of Reclamation shall be based on an analysis of physical
activities necessary to implement the approved Reclamation plan,
the unit costs for each of these activities, the number of units of
each of these activities, and the actual administrative costs.
Financial assurances to ensure compliance with revegetation and
landscaping requirements, requirements for adequate and appropriate
fill_ material, grading and compaction requirements, restoration of
water bodies, restoration of aquatic or wildlife habitat, and any
other applicable element of the approved Reclamation plan, shall be
based upon cost estimates that include but are not limited to,
labor, equipment, materials, mobilization of equipment,
administration, and a reasonable profit by a commercial operator
othor than the Operator of the Surface Mining Operation. A
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contingency factor of ten percent (10%) shall be added to the cost
(011*1 of Reclamation.
E. In projecting the costs of Reclamation, it shall be
assumed that the Surface Mining Operation has been abandoned by the
Operator and that the City or State Department of Conservation must
contract with an independent third party to initiate and complete
all remaining Reclamation.
F. The financial assurances shall remain in effect for the
duration of the Surface Mining Operation and any additional period
until Reclamation is completed (including any maintenance
required).
G. The amount of financial assurances shall be adjusted
annually to account for new lands disturbed by Surface Mining
Operations, adjustments and corrections in financial assurances
previously approved, inflation, and Reclamation of lands
accomplished in accordance with the approved Reclamation plan. The
financial assurances shall include estimates to cover Reclamation
for existing conditions and anticipated activities during the
upcoming year, including any necessary interim Reclamation,
excepting that the Operator may not claim credit for Reclamation
scheduled for completion during the coming year.
H. The Operator shall submit written revisions to financial
assurances to the Public Works Director each year thirty (30) days
prior to the anniversary date of the initial financial assurances
C approved by the City. If written revisions to the financial
assurances are not provided, the Operator shall explain, in
writing, thirty (30) days prior to such anniversary date, why
revisions were not necessary. The Public Works Director may
request further revisions and/or explanation from the Operator if
the submission is found to be inadequate.
17-63 110 Interim Management Plans.
A. Within 90 days of a Surface Mining Operation becoming
Idle, the Operator shall submit to the Public Works Department a
proposed Interim Management Plan (IMP). The proposed IMP shall
comply with all requirements of SMARA, including but not limited to
all permit conditions, and shall provide measures the Operator will
implement to maintain the site in a stable condition, taking into
consideration public health and safety. The proposed IMP shall be
submitted on forms provided by the Public Works and/or Planning
Departments, and shall be processed as an amendment to the
Reclamation plan. IMPS shall not be considered a project for
Purposes of environmental review.
B. Financial assurances for Idle Surface Mining Operations
sh,111 be maintained as though the operations were active.
C. Upon receipt of a complete proposed IMP, the City Planner
s11.111 forward the IMP to the State Department of Conservation for
1181411179442 3 ;11022198 1 1 ORD I NANCE NO. 534
review. The IMP shall be submitted to the State Department of
Conservation at least 30 days prior to approval by the Planning
Commission.
D. Within 60 days of receipt of the proposed IMP, or a
longer period mutually agreed upon by the City Planner and the
Operator, the Planning Commission shall review and approve or deny
the IMP in accordance with this Chapter. The Operator shall have
thirty (30) days, or a longer period mutually agreed upon by the
Operator and the Planning Director, to submit a revised IMP. The
Planning Commission shall approve or deny the revised IMP within
sixty (60) days of receipt. If the Planning Commission denies the
revised IMP, the Operator may appeal such action in writing to the
City Council within fifteen (15) days of the Planning Commission's
action.
E. The IMP may remain in effect for a period not to exceed
five years, at which time the Planning Commission may renew the IMP
for another period not to exceed five years, or require the
Operator to commence Reclamation in accordance with the approved
Reclamation Plan.
17-63-120 Annual Report Requirements
Operators shall forward annual surface mining reports to the
State Department of Conservation and to the Public Works Department
on a date established by the State Department of Conservation, and
on forms furnished by the State Mining and Geology Board. New
mining operations shall file an initial surface mining report and
any applicable filing fees with the State Department of
Conservation within 30 days of permit approval, or before
commencement of operations, whichever is sooner. Any applicable
fees, together with a copy of the annual inspection report, shall
be forwarded to the State Department of Conservation at the time of
filing the annual surface mining report.
17.63.130 Inspections.
The Public Works Department shall arrange for the inspection
Of a Surface Mining Operation within six (6) months of receipt of
the annual surface mining report required in Section 17.63.120, to
determine whether the Surface Mining Operation is in compliance
with its Permits, the approved Reclamation plan, the approved
financial assurances and State regulations. In no event shall less
than one inspection be conducted in any calendar year. Said
inspections may be made by a State -registered geologist, State -
registered civil engineer, State -licensed landscape architect, or
Stat -e-registered forester, experienced in land reclamation and who
ha;S not been employed by the Surface Mining Operation in any
capacity during the previous 12 months, or other qualified
sPecialists, as selected by the Public Works Director. All.
inspections shall be conducted using a form approved and provided
by the State Mining and Geology Board. The Public Works Department
sh,'II not-ify the State Department of Conservation, within thirty
22Jm48 Io 11X1... 1, 'I'll, 1 aIW22/99
1 1 1)RU I NAN CI'. NO. 534
(30) days of completion of the inspection, that said inspection has
been conducted, and shall forward a copy of said inspection notice
and any supporting documentation to the Operator. The Operator
shall be solely responsible for all reasonable cost of the
inspection, and shall either pay the costs directly, and/or, shall
promptly reimburse the City for such costs.
17.63.140 Violations and Penalties.
If the Public Works Director, based upon an annual inspection
or other information which is confirmed by an inspection of the
Surface Mining Operation, determines that a Surface Mining
Operation is not in compliance with this Chapter, applicable
permits, and/or the Reclamation plan, the City may follow the
procedures set forth in Public Resources Code, Sections 2774.1 and
2774.2 concerning violations and penalties, as well as those
provisions of the this Municipal Code for revocation and/or
abandonment of any applicable Permit.
17.63 150 Appeals.
Any person aggrieved by an act or determination of the Public
Works Director and/or the City Planner in the exercise of the
authority granted in this Chapter, shall have the right to appeal
to the Planning Commission. Any appeal shall be filed in writing
within fifteen (15) calendar days of the Public Works Director
and/or City Planner's determination.
17.63.160 Fees.
The City shall establish such fees as it deems necessary to
cover the reasonable costs incurred in implementing this Chapter
and the State regulations, including but not limited to, processing
of applications, annual reports, inspections, monitoring,
enforcement and compliance. Such fees shall be paid by the
Operator, as required by the City, at the time of filing of the
permit application, Reclamation plan application, financial
assurance information, Notice of Completion of Inspection, or at
such other times as determined by the City to be appropriate in
order to ensure that all reasonable costs of implementing this
Chapter are borne by the Operator.
17.63 170 Mineral Resource Protection.
A. Mine development is encouraged in compatible areas before
encroachment of conflicting uses. Mineral resource areas that have
been classified by the State Department of Conservation's Division
Of Mines and Geology or designated by the State Mining and Geology
Board, as well as existing Surface Mining Operations that remain in
compliance with the provisions of this Chapter, shall be protected
from intrusion by incompatible land uses that may impede or
preclude mineral extraction or processing, to the extent consistent
with the City's General Plan.
22741.41,E (014111711447 1 „0/22/9" - 15 - OR I) I NANC'I•: NO. 534
B. In accordance with Public Resources Section 2767, the
City's General Plan and resource maps will be updated to reflect
mineral information (classification and/or designation reports)
within 12 months of the City's receipt of this information from the
State Mining and Geology Board. Land use decisions within the City
will, in part, be guided by information provided on the location of
identified mineral resources of regional significance.
Conservation and potential development of identified mineral
resource areas will be considered and encouraged. Recordation on
title to property of the presence of important mineral resources
within the identified mineral resource areas may be encouraged as
a condition of approval of any development project in the impacted
area. Prior to approving uses that would otherwise be incompatible
with mineral resource protection, conditions of approval may be
applied to proposed encroaching uses to minimize potential
conflicts.
17.63.180 Severabilitv.
If any section, subsection, subdivision, paragraph, sentence,
clause or phrase in this Chapter, or any part thereof, is held
invalid or unconstitutional, such decision shall not affect the
validity of the remaining sections or portions of this Chapter or
part thereof. The City Council hereby declares that it would have
passed each section, subsection, subdivision, paragraph, sentence,
clause or phrase of this Chapter irrespective of the fact that any
one or more sections, subdivisions, paragraphs, sentences, clauses
or phrases may be declared invalid or unconstitutional.
Section 2. Certification. The City Clerk shall certify to
the passage and adoption of this Ordinance by the City Council of
the City of Irwindale and shall cause a summary of this Ordinance
to be published in accordance with Government Code Section 36933.
Section 3. Effective Date. This Ordinance shall take effect
thirty (30) days after its passage.
227/LLIH1411 X1140171W473 A0122148
1 6 OR I) I NAN('li NO. 534
PASSED, APPROVED and ADOPTED
January , .1999.
Attest: ' , n n '
�t C�C��.F./ Z
Camille Diaz
Deputy City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF IRWINDALE )
on the 28th
day of
a
M n 1 E. Almazan, Mayor
I, Camille Diaz, Deputy City Clerk of the City of Irwindale,
do hereby certify that the foregoing Ordinance No. 534 , was
duly introduced at a regular meeting of the City Council held on
the 14th day of January ,1999 ; and was duly approved and
adopted at second reading, at their regular meeting held
Ianuary 28 , 1999 , by the following vote of the council:
AYES: COUNCILMEMBERS
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
2271(" K I91tAH 411179447 1 a10122198
Miranda, Castellanos, Tapia, Mayor Almazan
None
Chavez
Camille Diaz, Deputy i Clerk
1.7 ORDINANCE NO. 534