HomeMy WebLinkAbout683ORDINANCE NO. 683
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRWINDALE
AMEND CHAPTERS 17.60 AND 17.63 OF THE IRWINDALE MUNICIPAL CODE
("IMC") TO: 1) ENSURE THAT THEY ARE IN ACCORDANCE WITH CURRENT
SURFACE MINING AND RECLAMATION ACT ("SMARA") REGULATIONS; AND 2)
INCLUDE CONDITIONS OF APPROVAL FOR MINING OPERATIONS THAT HAVE
BEEN IMPOSED ON ALL MINING OPERATIONS IN THE CITY.
WHEREAS, The City of Irwindale, 5050 Irwindale Avenue, Irwindale, CA 91706,
the Applicant, has made a request to amend IMC Chapters 17.60 and 17.63 to: 1)
ensure that they are in accordance with current Surface Mining and Reclamation Act
("SMARA") regulations; and 2) include conditions of approval for mining operations that
have been imposed on all mining operations in the city; and
WHEREAS, the City has adopted IMC Chapters 17.60 and 17.63 to regulate
surface mining operations and their reclamation, which chapters the City anticipates will
be refined and modified from time-to-time to incorporate changes to the Surface Mining
and Reclamation Act ("SMARA") and the desires and goals of the City; and
WHEREAS, in accordance with California law, the City of Irwindale ("City") is
desirous of assuring that all surface mining operations within the City are consistent with
the General Plan; and
WHEREAS, the City is further desirous of adopting consistent requirements and
standards for the review and approval of mining and reclamation operations within the
City boundaries; and
WHEREAS, the City, through this Ordinance, wishes to the City, through this
resolution, wishes to amend IMC Chapters 17.60 and 17.63 to: 1) ensure that they are
in accordance with current Surface Mining and Reclamation Act ("SMARA") regulations;
and 2) include conditions of approval for mining operations that have been imposed on
all mining operations in the city; and
WHEREAS, pursuant to the authority and criteria contained in the California
Environmental Quality Act ("CEQA") and the CEQA guidelines, it has been determined
that the proposed amendment is exempt by general rule under Section 15061 (b)(3) of
the CEQA Guidelines in that CEQA applies only to projects which have the potential for
causing a significant effect on the environment. Where it can be seen with certainty that
there is no possibility that the activity in question may have a significant effect on the
environment, that activity is not subject to CEQA; and
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Page 1
WHEREAS, the Planning Commission held a duly noticed public hearing on the
29 th of October, 2014 pursuant to notice given in the manner required by law, on the
question of amending IMC Chapters 17.60 (Q Zone) and 17.63 (Surface Mining and
Reclamation Plans) recommended the amendments to the City Council.
WHEREAS, On November 12, 2014, the City Council conducted a duly noticed
public hearing and a first reading of the Amendment, as required by law, to approve the
subject Amendment which would amend IMC Chapters 17.60 (Q Zone) and 17.63
(Surface Mining and Reclamation Plans).
WHEREAS, All legal prerequisites to the adoption of this Ordinance have
occurred.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF IRWINDALE
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The City Council finds that the above recitals are true and correct
and are incorporated herein by this reference.
SECTION 2. Chapter 17.60 shall be amended in its entirety to read as follows:
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Chapter 17.60 Q Quarry Overlay Zone
17.60.005 Intent.
17.60.010 Uses requiring a conditional use permit.
17.60.012 Uses requiring reclamation plan.
17.60.015 On-site management required.
17.60.020 Limitations on quarry uses.
17.60.030 Maintenance of site requirements and prohibited nuisance activity.
17.60.035 Site Management and Security Plan.
17.60.040 Access roads—Required surfacing.
17.60.050 Slopes and depth.
17.60.060 Drainage and erosion control.
17.60.065 Water quality.
17.60.080 Yards and alternate fencing requirements.
17.60.090 Rock crushing plants – Hours of operation.
17.60.100 Signs.
17.60.110 Flood control regulation.
17.60.120 Air pollution and dust control.
17.60.125 Hazardous materials.
17.60.130 Inspections.
17.60.134 Operator Monitoring
17.60.140 Rehabilitation of land.
17.60.150 Creation of reclamation fund.
17.60.160 Purpose and uses of reclamation fund.
17.60.170 Dissolution of and withdrawals of reclamation fund.
17.60.005 Intent.
This section implements standards applicable to the use of property during such time as
mining and reclamation are occurring at such property within the quarry zone. Upon
completion of the mining and reclamation activities in accordance with the applicable
reclamation plan, to the satisfaction of the city, the applicable zoning of the property will revert
to the underlying zone.
For the purposes of this chapter, the definitions provided in chapter 17.63 shall apply to
this chapter.
17.60.010 Uses requiring a conditional use permit.
(A) No person shall establish a use, or permit to be used, any portion of any real
property which is classified in the Q overlay zone, or combinations thereof, without a
conditional use permit authorizing the following uses, unless otherwise allowed by law:
(1) Any use first permitted in the M-2 zone, subject to all the limitations and
restrictions imposed by Chapter 17.56, except as expressly provided in this chapter;
(2) Asphalt plants;
(3) Batching plants;
(4) Block, tile or specialty plants, using or processing crushed rock, sand,
gravel, decomposed granite or similar material;
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(5) Dumps, inert solid;
(6) Quarries;
(7) Accessory uses; provided such uses are established on the same lot or
parcel of land, are incidental to, and do not substantially alter the character of any use
permitted above, including, but not limited to, aggregate dryers, truck storage, equipment and
supply storage, scales or weighing equipment and office and repair shop structures;
(8) Any similar use not listed in this section but determined by the planning
commission to require a conditional use permit.
(B) In the event that there is a conflict with the use permit or Irwindale Municipal
Code, the more stringent requirement or condition shall apply. Any authorization provided in
an existing entitlement approved prior to December 31, 2014 shall apply over any inconsistent
provision implemented pursuant to these ordinance updates made on November 12, 2014.
17.60.012 Uses requiring reclamation plan.
No person shall conduct any surface mining or reclamation activities within the city,
without securing approval of a reclamation plan from the city and State Office of Mine
Reclamation (OMR) pursuant to Section 17.63.040. Grading involving less than 50 cubic yards
of fill material shall be exempt from the requirement to secure a reclamation plan and shall
require a grading permit only.
17.60.015 On -site management required.
All plans required by any applicable use permit or the Irwindale Municipal Code shall
identify the responsible on-site management employee and other persons who have the
authority and responsibility to ensure that the intent and purpose of the plans are carried out.
The identified employee(s) will be responsible for coordinating with the city manager's office a
response to complaints or concerns expressed by persons affected by the operations on the
subject site. The operator must provide a written update to the city of the identification of
such responsible on-site management employees within forty-eight (48) hours of any change.
17.60.020 Limitations on quarry uses.
(A) Every use enumerated in Section 17.60.010 shall be constructed, operated and
maintained at all times in accordance with the regulations set forth in this code, or, if such use
was approved before December 31, 2014, any provision of its existing entitlements that may be
in conflict with the amendment provided in this ordinance made on November 12, 2014.
(B) The operator shall fully cooperate with the city and any agency or entity with
jurisdiction over either or both the subject site and uses approved thereon regarding the filing
of any materials, execution of documents, instruments or similar items and all other acts,
actions or undertaking deemed necessary by the city. The operator's full cooperation shall be at
no cost to the city.
(C) Any and all fees required to be paid to any public agency shall be paid prior to
commencing any operations at the site, unless a later payment is expressly authorized.
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17.60.030 Maintenance of site requirements and prohibited nuisance activity.
(A) The operator shall maintain the site at all times free and clear of any
accumulation of trash, debris, waste, hazardous substances, combustible and/ or flammable
materials. This includes but is not limited to the installation of perimeter landscaping, such as
berming, fencing or screening, and plant materials which is designed and maintained in such a
manner so as to reduce the ability of trash, debris or other materials to exit the site.
(B) The operator shall comply with all graffiti removal and noise standards in this
code or use permit, whichever is more restrictive, subject to 17.60.010(B).
(C) All equipment and premises utilized in conjunction with any of the uses
permitted in this zone shall be consistent with the proper use of such equipment and premises
use, and shall be employed so as to suppress, as much as reasonably possible, noise, fumes,
vibration and dust, which are, or may be, injurious or detrimental to the use and enjoyment of
property located in the immediate vicinity of such usage. This includes but is not limited to the
following limitations and restrictions:
(1) If mining or reclamation equipment will be operated at the edge of the
site and said equipment is within five hundred (500) feet of residential property lines, the
operator shall first construct and maintain a berm to separate surrounding residential areas
from the noise and activity associated with mining and reclamation operations.
(2) Construction equipment shall be equipped with manufacturer
recommended mufflers or equivalent.
(3) Construction equipment shall be turned off when not in operation.
(4) Use of heavy equipment with low manufactured noise levels when
necessary.
(5) The dredge used at the site shall be electrically powered.
(6) The operator shall comply with the noise and vibration management plan
as incorporated into the Management and Security Plan required pursuant to section 17.60.35
below.
(D) No waste disposal locations or tailing ponds are permitted to remain as tailing
ponds upon the site after completion of mining and reclamation.
(E) All equipment, structures, and other facilities associated with the mining
operation will be dismantled and removed from the site upon completion of operations, unless
part of the proposed end use. All refuse, abandoned equipment, and similar materials will
likewise be removed for disposal in a manner permitted by law.
(F) The operator shall comply with the landscaping or irrigation plans as required by
section 17.60.080 and Section 5.712, Water Efficiency and Conservation of the California Green
Building Standards Code or any applicable regulations pertaining to the maintenance of
landscaping on the site. In the event there is plant material in an unhealthy, dead or dying
condition, said material shall be replaced with similar material within the next winter to spring
planting season in accordance with the approved landscape plans.
(G) All outdoor lighting shall be installed, maintained and used so as to avoid any
interference with, or nuisance to, as defined in this code, adjacent properties.
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(H) The operator shall maintain the site in a manner that shall avoid any
determination by the city that any condition on the site constitutes a nuisance pursuant to this
code.
(I) Notwithstanding any other provision of the zoning code relating to
nonconforming uses, all property in the Q overlay zone shall conform to the provisions of this
section immediately upon the effective date of the regulation imposed by this section.
17.60.035 Site Management and Security Plan.
(A) Within sixty (60) days of the city's approval of the use permit, the operator shall
prepare and submit a Site Management and Security Plan to the city manager. Said plan shall
include, but not be limited to, the following:
(1) Procedures by which the operator shall ensure that on-site noise
generation conforms, at all times, to the standards set forth in this code;
(2) Mitigation measures to minimize and/or avoid impacts identified by
current acoustical studies and analysis of emergency situations where exceeding such noise and
vibration standards may be required;
(3) A description of the security measures, which ensures that the general
public is excluded from the site and identifies a contact person(s) who is available on a twenty-
four (24) hour basis to respond to emergencies and unlawful access to the site.
(4) The operator shall include, as components of this plan, other
requirements, studies or plans required by this chapter.
(B) The city engineer or designee shall review and comment upon the Site
Management and Security Plan submitted by the operator within thirty (30) calendar days
thereafter; the operator shall have thirty (30) days to prepare a final plan that complies with
such comments.
(C) Contamination and Public Safety. The operator shall perform the following
measures to reduce the risk of contamination, as well as provide for the protection of public
safety:
(1) Controlled Access.
(a) Restrict site to authorized vehicles and equipment;
(b) Monitor entrances continuously for unauthorized vehicles; and
(c) Secure all gates with locks, except at entrances during business
hours.
(2) Security/Protection of Public Safety.
Construct and maintain in good condition, appropriate berms, walls and/or fences of a
minimum of 6 feet high around the site in accordance with this chapter. The construction of
the security fencing will be in accordance with the fencing detail included in the approved
reclamation plan, use permit, or other entitlement; and
(a) Repair any damage to berms, walls and/ or fences within two (2)
days of discovery or notice from the city.
(3 ) Daily Patrolling.
(a) Inspect security berms, walls and fences on a daily basis;
(b) Inspect site and remove any deleterious/ hazardous materials in
accordance with applicable law; and
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(c) Maintain daily patrolling log.
(D) Traffic and Circulation. As a component of the Site Management and Security
Plan, the operator shall prepare a commercial traffic management plan or incorporate such
plan prepared in connection with environmental review of the site. The plan shall include, but
not be limited to, identification of truck routes, identification of permitted and prohibited times
of day when commercial traffic will enter or exit the site, and the methods by which such
standards will be enforced by the operator. Said plan shall comply with section 17.60.040 and
include, but not limited to, the following:
(1) Adequate sight distance as determined by the City Engineer at the project
access roadways where they intersect with the public roadways. The minimum sight distance
should be provided to meet the city and Caltrans requirements, as may be amended; and
(2) Provide adequate onsite stacking and storage capacity as determined by
the City Engineer for truck traffic.
17.60.040 Access roads--Required surfacing.
(A) All private roads customarily utilized for hauling material or equipment shall be
kept dust-free at all times and constantly maintained with surfacing as follows:
(1) All portions of access roads (leading to and from public streets) set forth
below shall be paved with asphalt, concrete, emulsion or other similar non-hazardous
substance, or other surfacing that is effective at preventing dust and tracking of dirt and debris,
not less than three (3) inches in thickness:
(a) All locations which are within one hundred fifty (150) feet of any
property line of a lot zoned C, R or A, except for such property which is owned by any
governmental agency and is utilized for reclamation, flood control or conservation purposes;
and
(b) All portions within a distance of five hundred feet (500) from any
public street providing ingress or egress.
(2) All other private roads, including pit-haul roads, shall be sprinkled, oiled
or hard-surfaced, and maintained so as to minimize dust.
(B) Notwithstanding any other provision of the zoning code relating to
nonconforming uses, all property in the Q overlay zone shall conform to the provisions of this
section one year after the effective date of the regulation composed by this section, as
amended.
17.60.050 Slopes and depth.
No open pit quarry, or portion thereof, excavated after the effective date of the
regulation imposed by this section, shall be maintained with any slope steeper than as provided
under the Irwindale Guidelines. No slope shall be excavated or constructed, nor shall the depth
of any open pit quarry or portion thereof, be altered in a manner inconsistent with the
Technical Guidelines without prior approval of the city council pursuant to Chapter 17.63.
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17.60.060 Drainage and erosion control.
(A) The operator shall comply with the City of Irwindale Guidelines for Drainage and
Erosion Control for Open-Pit Mines, as may be amended from time to time (Erosion Guidelines),
including, but not limited to, the following:
(1) Providing appropriate measures approved by the city engineer to prevent
surface water from flowing over the rim of the pits to avoid overtopping-induced erosion.
(2) Protecting pit slopes from incident-precipitation induced erosion.
(3) Protect pit slopes that are exposed to groundwater lakes and wave-lap
erosion.
(4) Preparing detailed plans for the implementation of erosion and drainage
measures, as stated in the Erosion Guidelines. Said plans shall be submitted to the city for
review and approval by the city engineer within forty-five (45) days from adoption of the
applicable use permit.
(B) Notwithstanding any other provision of the zoning code relating to
nonconforming uses, all property in the Q overlay zone, utilized in whole or in part for quarry or
fill purposes, shall conform to the provisions of this section within ninety (90) days after the
effective date of this chapter.
17.60.065 Water quality
(A) The operator shall develop a Stormwater Pollution Prevention Program (SWPPP)
in accordance with National Pollution Discharge Elimination System (NPDES) requirements, as
may be amended from time to time, and submit it to the city for review and approval by the
city engineer. At a minimum, the SWPPP will identify erosion minimization and control, Best
Management Practices (BMPs) and pollution elimination/ minimization BMPs, as well as
stormwater runoff water quality monitoring procedures. This should be done to ensure
compliance with San Gabriel Watermaster requirements, and the RWQCB requirements.
(B) The operator shall collect, on an annual basis, surface and groundwater samples
from the site and collected from within the quarry. Said samples shall be tested annually in
accordance with the Regional Water Quality Control Board (RWQCB) and the San Gabriel Basin
Watermaster (Watermaster) requirements. Results shall be submitted to the city, the
Watermaster and the RWQCB.
(C) The operator shall implement measures to reduce the potential for hazardous
substances in fill materials or to later reclaimed areas through compliance with all RWQCB
Waste Discharge Requirements, as may be amended from time to time, and prohibit the use of
the following:
(1) hazardous, designated or liquid wastes;
(2) toxic wastes (including, but not limited to, insecticides, poisons and
radioactive materials);
(3) asbestos or asbestos products;
(4) asphalt products unless placed above the historic high water mark, as
determined by the Regional Water Quality Control Board.
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17.60.080 Yards and alternate fencing requirements.
(A) Landscaping.
(1) The operator shall submit a Landscape and Irrigation Plan prepared by a
licensed landscape architect within ninety (90) days of the city's approval of a use permit under
section 17.60.10. The approved irrigation system shall be at all times maintained in working
order. Such plan shall be subject to the review and approval of the Director of Community
Development. The plan shall show all existing landscaping to remain as well as proposed
landscaping. The plans shall provide for the following:
(a) Berm contours;
(b) Storm drainage system;
(c) Species, size and location of plant material;
(d) Automatic irrigation system;
(e) Dust control;
(f) Drought-tolerant and low-water requirement vegetation; and
(g) Compliance with the Irwindale Municipal Code;
(2) The operator shall install the landscaping within one (1) year of the city's
approval of the project.
(B) Front Yards. Any lot in the Q overlay zone:
(1) Which abuts a local street (as defined in the General Plan) or any
property which is classified in an A, R, or C zone (except when such property is owned by any
governmental agency and is utilized for reclamation, flood control or conservation purposes)
shall have and maintain, as a front yard setback, an area of at least fifty (50) feet in depth, as
measured from the property line to the top of the slope;
(2) Which abuts a major arterial as defined in the General Plan shall have and
maintain, as a front yard setback, an area of at least one hundred (100) feet in depth, as
measured from the property line to the top of the slope;
(3) The following accessory uses may, at the discretion of the owner or
occupant, be located within the front yard setback, provided such uses are shown on the
approved site plan, where applicable:
(a) Passenger vehicle parking facilities; and/or
(b) Access roads; and/or
(c) Fencing; and/or
(d) Signs, subject to the limitations set forth in Section 17.60.100;
and/or
(e) Landscaping maintained in compliance with any applicable codes
or regulations and in compliance with any applicable landscaping and irrigation plan.
(4) One of the following accessory uses may be located in such required
front yard setback areas, subject to the provisions of the Erosion Guidelines and approval of the
city engineer:
(a) An earthen berm, not less than six (6) feet in height, which shall
be continuously maintained with the landscaping established in accordance with city standards,
and an adequate irrigation system and a six (6) foot high chain link fencing, as required by
Section 17.60.070; or
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(C) If compatible with surrounding public and private properties and the approval
thereof is in the public interest, a six (6) foot high decorative block wall per the requirements of
section 17.60.035 may be substituted for the required berm and the six (6) foot high chain link
fencing; provided, that the face of the block wall is located at the property line, separating the
lot from the parkway; and, the parkway shall be continuously maintained with landscaping
established in accordance with city standards (see Appendix A attached to Ordinance 245,
codified in this chapter and on file in the office of the city clerk, and incorporated herein by this
reference), and with an adequate irrigation system, except for those portions of the parkway
wherein curbs or gutters or sidewalks are located.
(D) Side and Rear Yards. Any lot, which abuts any other property classified in zones
A, R or C, or where the side lot line or rear lot line of such-lot abuts any street, shall have and
maintain side and rear yard setbacks of not less than fifty (50) feet in depth, which shall
conform to the provisions set forth in subsection B of this section.
17.60.090 Rock crushing plants--Hours of operation.
(A) Rock crushing plants shall not be established or located on any property within
the Q overlay zone, which is within seven hundred fifty (750) feet of any street or of a lot line of
any property zoned for C, R or A purposes; provided, that said seven hundred fifty (750) foot
limitation shall not apply to any rock crushing plants in existence on the effective date of this
section or to any subsequent improvement to such rock crushing plants; provided such
improvements are not constructed nearer to any such property than such rock crushing plants
are located as of the effective date of the ordinance codified in this chapter, except as expressly
authorized by the applicable use permit.
(B) Such plants shall only be allowed to operate between the hours of six a.m. (6:00
a.m.) to ten p.m. (10:00 p.m.), Monday through Saturday, except in cases of public emergency,
or whenever any reasonable or necessary equipment repairs are required to be made, or as
allowed by use permit.
(C) Notwithstanding any other section of the zoning code, all uses in this zone shall
conform to the provisions of this section immediately.
17.60.100 Signs.
All signs located on any property in the Q overlay zone shall comply with the provisions
of this zoning code.
17.60.110 Flood control regulation.
All quarry uses conducted in the area described in Ordinance 4042 of the county shall
operate only under permit from the county flood control district, in accordance with SMARA, in
addition to the regulations set forth in this code.
17.60.120 Air pollution and dust control.
(A) In addition to the following, all operations shall be conducted in compliance with
the requirements of the South Coast Air Quality Management District (SCAQMD) and the
conditions imposed in the use permit.
(B) The operator shall implement the following mitigation measures:
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(1) Heavy-duty diesel trucks and other mobile equipment shall be properly
tuned and maintained to manufacturer's specifications to ensure minimum emissions under
normal operations.
(2) Vehicles hauling dirt or fill shall be covered at all times when travelling
through the city as well as comply with California Highway Patrol (CHP) requirements and all
applicable rules and regulations, as may be amended from time to time.
(C) The operator shall submit a Dust Control Plan which shall include the following
or similar measures that will be implemented by operator to reduce dust emissions:
(1) Apply water or chemical dust suppressants to unstabilized disturbed
areas and/ or unpaved roadways in sufficient quantity and frequency to maintain a stabilized
surface; a minimum of three (3) times per day on days with no precipitation.
(2) Water or water-based chemical additives shall be used in such quantities
to control dust on areas with extensive traffic including unpaved surfaces.
(3) Low speed limits on unpaved roads of ten miles per hour (10 mph) shall
be established unless otherwise required by applicable use permit. Speed limit signs shall be
posted in a manner to provide full and sufficient notice to drivers of the maximum allowable
speed.
(4) Water storage piles.
(5) Use of spray wash racks to wash trucks prior to leaving the site.
(6) Construct wind fencing (berms, shrubbery, constructed walls, etc.) in a
manner to minimize dust emissions originating from the site. The locations of all wind fencing
shall be documented and mapped.
(7) When winds exceed twenty-five miles per hour (25 mph), operator shall
require additional watering or cessation of operations.
(8) Operator shall use vacuum sweepers or water trucks to maintain
entrance and exit areas in order to prevent debris or other material from being tracked out
onto the public right of way or adjacent property.
(9) Operator shall revegetate inactive disturbed areas at the site in
accordance with this code and the Landscape and Irrigation Plan as required by section
17.60.080.
(10) Improve dust controls on transfer points.
(11) Monitor and control dust from storage piles.
(12) Operate a wash rack for trucks in order to wet material before leaving the
site.
(13) Operate a wheel washer to remove soil from vehicle tires as needed.
(14) Dust shall be controlled pursuant to the requirements of the South Coast
Air Quality Management District (SCAQMD) Rule 403, as may be amended from time to time,
unless another standard expressly applies under the use permit, or reclamation plan.
(D) The operator shall apply for and maintain permits from the South Coast Air
Quality Management District (SCAQMD).
17.60.125 Hazardous materials.
(A) Except when in accordance with applicable law, the operator shall maintain the
site at all times free and clear of, and shall not discharge or otherwise release, any hazardous
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substances, hazardous wastes and/or hazardous materials as such terms are defined in their
broadest form under any applicable federal, state or local law or regulation, and any other kind
of soil, air, or water contamination and combustible and/or flammable materials (collectively
"hazardous materials").
(B) At the termination of mining and/or reclamation operations, areas in which
hazardous materials may be present shall be identified and mitigated in a manner consistent
with applicable laws. The operator shall prepare a mitigation plan, subject to the approval of
the city engineer to accomplish such mitigation. This mitigation may involve the removal and
disposal or treatment of areas of contaminated sand and gravel. If infiltration or evaporation
proves insufficient, the operator shall devise and submit a drainage program that shall be
subject to city engineer approval, using standards of approval within his/her authority and any
governmental entity with jurisdiction over the site or operation.
17.60.130 Inspections.
The operator agrees to allow city inspectors and its designees to reasonably inspect the
site during normal working hours or at any time operations are occurring on the site to assure
compliance with applicable law, use permit, and/or reclamation plan, as may be amended from
time to time after providing at least 48 hours notice to the operator. Said inspection shall be
conducted in compliance with the Mine Safety Health Administration Regulations. In cases of
emergencies, the city shall have the right to inspect the site, provided the city gives prior notice
to the operator as may be reasonably possible.
17.60.134 Operator Monitoring.
(A) The operator shall monitor mine depth, slopes, drainage and erosion conditions
and setback distances on an annual basis. The operator shall notify the city of any condition
found to be out of compliance with applicable law, use permit, and/or reclamation plan
requirements. Any condition found to be out of compliance shall be corrected by the operator
within sixty (60) days of discovery of said condition or within sixty (60) days of a city issued
notice, or within the time period as otherwise agreed to by the city.
(B) As an ongoing monitoring effort, the operator shall retain a qualified
geotechnical engineering consultant to evaluate all the slopes that are identified by the city
engineer for geotechnical hazards and/or unstable soil and take all necessary corrective actions.
This evaluation shall follow the City of Irwindale's Guidelines for Stability Analysis of Open-Pit
Mine Slopes, as may be amended. The geotechnical engineering consultant shall prepare a
report that includes recommendations for stabilizing the locations considered to be hazardous.
This report shall be submitted to the city for review, comment, and approval before
implementation.
(C) At the operator's cost, annually, the city may conduct a bathymetric survey of
the pit to determine the existing slope ratios and mined depths at the site. Such survey shall be
conducted by a qualified and licensed land surveyor selected by the city engineer. Within 90
days of the city providing a copy of the completed bathymetric survey to the operator, the
operator shall correct any condition found to out of compliance with applicable law, use permit,
and/or reclamation plan requirements. Said correction shall be implemented in the manner
and within the time limits approved by the city engineer.
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17.60.140 Rehabilitation of land.
An existing quarry, dump or other uses involving excavation of land at the time this
chapter was first codified were required to file with the city, by July 8, 1971, in form and
content satisfactory to the city council, a plan for rehabilitation of such land to restore the same
to a status of natural topography (or substantially so) upon completion of the operations. All
new uses involving excavation commenced after the date of the ordinance codified in this
chapter shall file and have such plan approved prior to commencing such use.
17.60.150 Creation of reclamation fund.
(A) There is authorized a reclamation fund derived from existing revenue collected
under the special mining tax pursuant to Chapter 3.18 of this code. The reclamation fund will
be a separate account established for the purposes authorized in this chapter, administered by
the director of finance as a special fund of the city and invested in the manner authorized by
the city council. The city will make a one-time nine hundred eighty-five thousand seven
hundred fifteen dollar ($985,715) initial deposit into the reclamation fund and thereafter three
hundred twenty-eight thousand five hundred seventy-two dollar ($328,572) deposit per year
until such time as the aggregate amount of the reclamation fund, including interest and
amounts deposited, equals an amount determined to be the reclamation cap (the "reclamation
cap"), as defined in this section. Thereafter, the city shall not make future deposits in the
reclamation fund. Interest on any monies in the reclamation fund shall accrue to the benefit of
the reclamation fund and will be utilized towards reducing required contributions by the city
(since interest earnings reduce the required contributions to reach the reclamation fund cap).
The city may withdraw and place in its general fund any amounts exceeding the reclamation
fund cap.
(B) The reclamation fund is envisioned to be utilized to assist in the reclamation of
the mined quarries of the city's principal operators, currently owned by United Rock Products
Corporation ("United"), Hanson Aggregates West, Inc. ("Hanson"), and CalMat Co. doing
business as Vulcan Materials Company -- Western Division ("Vulcan"). To participate, such
operators must enter into an operating rights transfer agreement as provided in subsection
17.60.160(B) of this chapter. The reclamation fund cap shall be determined based on which
operators participate, and shall be as follows (or the cumulative amount of the following where
more than one operator enters into the operating rights transfer agreement):
(1) United: $8,000,000;
(2) Hanson: $3,500,000;
(3) Vulcan: $7,000,000.
(C) The reclamation fund shall be allocated for use in supplementing reclamation of
the participating quarries as authorized under this chapter in a manner that is proportional to
the financial assurances posted with the city by each participating quarry (i.e., if only one
operator participates, the allocation is one hundred percent; if two, for example United and
Hanson, then the allocation is approximately 70/30 [8/11.5 = .70). Such allocation shall be
computed and monitored by the director of finance.
(D) Nothing in this Chapter shall prevent the City from utilizing the authority under
Public Resources Code Section 2773.1 or SMARA Regulations Section 3806.1 and 3806.2 to
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establish financial assurances to establish appropriate financial assurances for operations or
mining sites owned or operated by the City or its related agencies. Such financial assurances
may be established by city in its sole discretion and separate from the requirements or
procedures under this section 17.60.150 or section 17.60.160.
17.60.160 Purpose and uses of reclamation fund.
(A) The purpose of the reclamation fund is to provide a pledge of revenue to satisfy
the requirements of SMARA, at Public Resources Code Section 2773.1. The reclamation fund is
intended to provide resources to potential developers of the participating quarries so that they
may be converted to beneficial, alternate end uses. To this end, the reclamation fund shall
provide a means of supplementing financial assurances required by SMARA and posted by
those mining operators in the city that wish to participate in the reclamation of their quarries to
standards required by the city.
(B) In accordance with SMARA Regulations Sections 3806.1 and 3806.2, the
reclamation fund may be expended by the city, its designee or where required under SMARA,
the department of conservation, to reclaim to beneficial, alternate uses those participating
quarries where an assignment of SMARA operating rights in a form approved by the city and
the department of conservation ("operating rights transfer agreement") has been approved
and entered into.
(C) City shall have sole control of the use, investment and management of the
reclamation fund, subject only to the limitations in this chapter.
(D) The city may implement the provisions of this chapter by the formation of a joint
powers authority authorized to accept operating rights as to private quarry operations, to
contribute to the provision of financial assurances for reclamation, and to act to remedy
defaults in the performance of reclamation, all in accordance with SMARA and the Irwindale
Municipal Code.
17.60.170 Dissolution of and withdrawals from reclamation fund.
(A) The city may dissolve and/or return moneys in the reclamation fund to the city's
mining fund upon the occurrence of any of the following:
(1) The determination by any court or governmental agency of competent
jurisdiction that the special mining tax under Chapter 3.18 of this code is invalid.
(2) The determination by any court or governmental agency of competent
jurisdiction that the JPA created hereunder, reclamation fund or its use is contrary to law.
(3) The voluntary or involuntary termination by any quarry operator of its
participation in its assignment of SMARA operating rights, as described in this chapter, as to
amounts attributable to that operator's quarry(ies).
(4) As each participating quarry is reclaimed, the balance in the reclamation
fund shall be reduced in an amount of such participating reclaimed quarry to the total financial
assurances for all participating quarries, as determined by the director of finance. Any such
amounts withdrawn from the reclamation fund shall be returned to the city's mining fund.
(5) Monies remaining in the reclamation fund after reclamation of all
quarries is completed shall be returned to the city's mining fund, so long as such fund exists,
and thereafter to the city's general fund.
Ordinance No. 669
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(6) Should any portion of the reclamation fund be used to correct a default
of any quarry, the quarry operator shall pledge all future filling revenues to the city for deposit
into the reclamation fund until such time as the deficit to the reclamation fund caused by such
expenditure is cured. Unless used to cure any further default of the quarry operator, any
amounts so deposited into the reclamation fund, plus any accrued interest, shall be returned to
the quarry operator at termination of reclamation in accordance with the reclamation fund.
(B) Upon dissolution of the reclamation fund, the city shall notify the participating
quarries and department of conservation within sixty days of such dissolution.
SECTION 3. Chapter 17.63 shall be amended in its entirety to read as follows:
Chapter 17.63 SURFACE MINING AND RECLAMATION PLANS
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 Application and 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-Penalties.
17.63.150 Appeals.
17.63.160 Fees.
17.63.170 Mineral resource protection.
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
Ordinance No. 683
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practices (California Code of Regulations [CCR] Title 14, Division 2, Chapter 8, Subchapter 1,
Sections 3500 et seq.), to ensure that:
(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 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 State 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) "Backfilling Guidelines" means the Guidelines for Underwater Backfilling of
Open-Pit Mines (2005) and the Guidelines for Above-Water Backfilling of Open-Pit Mines
(2005), duly adopted and utilized by the City, as may be amended from time to time.
(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) "CEQA" or "California Environmental Quality Act" means the California
Environmental Quality Act of 1970, as amended, at Public Resources Code, Section 2100 et.
seq., related CEQA Guidelines in the California Code of Regulations, Title 14, Section 1500 et
seq.
(G) "Erosion Guidelines" means the Guidelines for Drainage and Erosion Control for
Open-Pit Mines (2004) duly adopted and utilized by the City, as may be amended from time to
time.
(H) "Exploration" or "prospecting" means the search for minerals by geological,
geophysical, geochemical or other techniques, including, but not limited to, sampling, assaying,
Ordinance No. 669
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drilling, or any surface or underground work needed to determine the type, extent or quantity
of materials present.
(I) "Haul road" means a road along which material is transported from the area of
excavation to the processing plant or stockpile area of the surface mining operation.
(J) "Inert Fill" means the placement following mining of engineered inert materials,
comprising of fully cured asphalt, uncontaminated concrete (including steel reinforcing rods
embedded in the concrete), crushed glass, brick, ceramics, clay and clay products, which may
be mixed with rock and soil. Those materials are spread on land in lifts and compacted under
controlled conditions per the Technical Guidelines to achieve a uniform and dense mass which
is capable of supporting structural loading, as necessary, or supporting other uses to provide
land that is appropriate for an end use consistent with the approved general and any specific
plans (e.g., roads, building sites, or other improvements) where an engineered fill is required to
facilitate productive use(s) of the land. The engineered fill shall be constructed and compacted
in accordance with this Code and the Technical Guidelines and in accordance with specifications
prepared and certified at least annually by a Civil Engineer, Certified Engineering Geologist, or
similar professional licensed by the State of California and maintained in the operating record
of the operation. The operator shall also certify under penalty of perjury, at least annually, that
only approved inert debris has been placed as engineered fill, and specifying the amount of
inert debris placed as fill. These determinations may be made by reviewing the records of an
operation or by on-site inspection. Certification documents shall be maintained in the operating
records of the operation and shall be made available to the City. [Source: California
Regulations, Title 14, section 17388 (I)]
(K) "Idle" means that an operator of a surface mining operation has curtailed
production at the surface mining operation, with the intent to resume the surface mining
operation at a future date, for a period of one year or more by more than 90 percent of its
maximum annual mineral production within any of the last five years during which an interim
management plan has not been approved.
(L) "Incompatible land uses" means land uses inherently incompatible with mining
and/or that require public or private 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,—public
facilities, geographically limited but impact intensive industrial and commercial.
(M) "Technical Guidelines" means all guidelines duly adopted and utilized by the city
including the Guidelines for Stability Analyses of Open-Pit Mine Slopes (2003), the Guidelines
for Drainage and Erosion Control for Open-Pit Mines (2004), the Guidelines for Underwater
Backfilling of Open-Pit Mines (2005) and the Guidelines for Above-Water Backfilling of Open-Pit
Mines (2005), as each may be amended from time to time to address any updates required by
State law.
(N) "Mined lands" means the surface, subsurface and groundwater 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.
Ordinance No. 683
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(0) "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.
(P) "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.
(Q) "OMR" or "State" shall mean the California Department of Conservation, Office
of Mine Reclamation, including its duly authorized successors and assigns.
(R) "Operator" means any person who is engaged in surface mining or reclamation
operations, or who contracts with others to conduct operations on such party's behalf,
including persons with ownership interest in the property being mined or reclaimed, except a
person who is engaged in surface mining or reclamation operations as an employee with wages
as his/her sole compensation.
(S) "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.
(T) "Permit" means any formal authorization from or approval by the city, and shall
include, but not be limited to, grading permits and use permits, as defined below, the absence
of which would preclude surface mining operations, unless otherwise allowed by law.
(U) "Person" means any individual, firm association corporation, organization or
partnership, and any governmental agency.
(V) "Public Resources Code" or "PRC" means the California Public Resources Code.
(W) "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.
(X) "Reclamation Plan" shall have the meaning per SMARA, as described in Public
Resources Code section 2770 and the 14 CCR section 3502.
(Y) "Slope Stability Guidelines" means Guidelines for Stability Analyses of Open-Pit
Mine Slopes (2003), duly adopted and utilized by the City, as may be amended from time to
time.
(Z) "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 Section 3500 et seq.).
(AA) "State Board" means the California State Mining and Geology Board, including its
duly authorized successors and assigns.
Ordinance No. 669
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(BB) "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.
(CC) "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).
(DD) "Use permit" means the formal authorization from or approval by the city, and
shall include a conditional use permit and/or development agreement, pursuant to
Government Code Section 65864 et seq, the absence of which would preclude surface mining
operations, unless otherwise allowed by law.
17.63.030 Compliance with SMARA.
All operators and persons conducting or seeking to conduct surface mining operations
or reclamation shall comply with the provisions of SMARA, such statutes and regulations may
be amended from time to time, except that when the provisions of this code are more
restrictive, this chapter shall prevail. Copies of SMARA are on file in the city clerk's office for
public review.
17.63.40 Scope.
(1) Any authorization provided in an existing entitlement approved prior to
December 31, 2014 shall apply over any inconsistent provision implemented pursuant to the
updates of this ordinance made on November 12, 2014.
(2) Except as provided in this chapter, no person shall conduct surface
mining operations unless all use permits, a reclamation plan, and all financial assurances for
reclamation, have first been approved by the city. Any applicable exemption from this
requirement, including, but not limited to, any reclamation operations exempt from the
requirement to secure a reclamation plan under Section 17.63.050, does not automatically
exempt a project or activity from the application of other regulations, ordinances or policies of
the city, including but not limited to, the application of 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. This chapter
shall not apply to the following exempt activities:
(A) Excavation or grading conducted for onsite construction comprising 50 cubic
yards or less;
(B) Excavation or grading conducted for the purpose of restoring land following a
flood or natural disaster;
(C) 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
Ordinance No. 683
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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:
(1) 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,
(2) The city's approval of the construction project including consideration of the
onsite excavation and onsite earthmoving activities pursuant to CEQA,
(3) The approved construction project is consistent with the general plan and
applicable zoning for the site,
(4) 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;
(D) 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:
(1) The plant site is located on lands zoned as—Q overlay zone, industrial or
commercial, or are contained within a zoning category intended exclusively for industrial
activities by the city,
(2) None of the minerals being processed are being extracted onsite, and
(3) All reclamation work has been completed pursuant to an approved
reclamation plan for any mineral extraction activities that occurred onsite after January 1, 1976;
(E) Prospecting for, or the extraction of, minerals for commercial purposes and the
removal of overburden in total amounts of less than 1,000 cubic yards in anyone location of 1
acre or less;
(F) 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;
(G) Any other surface mining or reclamation operations that the State Board
determines to be of an infrequent nature and which involve only minor surface disturbances;
(H) The solar evaporation of sea water or bay water for the production of salt and
related minerals;
(I) 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;
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 Slope Stability Guidelines and SMARA and upon closure of the
site, the person closing the site implements, where necessary, revegetation measures and post
closure 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
Ordinance No. 669
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under state law), or to excavations for materials that are, or have been, sold for commercial
purposes.
17.63.050 Vested rights.
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 such facility, as long as the vested right continues and as long as no substantial
changes have been made in the operation, except those changes made and approved in
accordance with SMARA, and this code. 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 and financial assurances 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 Application and process.
Applications for a use permit or a reclamation plan for surface mining operations shall
be made on forms provided by the community development department. Such applications
shall be filed in accordance with this code and all procedures established by the city community
development director. The application for a use permit shall include the following:
(1) Computation of financial assurances to accurately assess all reclamation
costs over a reasonable period of time, per SMARA section 2773.1 and section 17.63.100
herein;
(2) Legal information, including land and mineral rights ownership, intended
operator, and a formal, legal description of the property boundaries;
(3) Site characterization, including all details of existing environmental
conditions, location (relative to political boundaries), and site access and roadways to be used
to access local and regional transportation corridors;
(4) Operation plan, including details of the material to be processed annually,
methods and equipment to be used (including all on-site structures), ultimate mining depth
sought in the application, not to exceed the maximum authorized depth, as determined by the
city engineer, based on a mine slope profile derived from cross sections of the slopes that
comport to the Irwindale Guidelines. The mine slope profile shall establish the maximum
allowable mining area in the Site. The operation plan shall also include a detailed description of
waste generation, water use and potential impacts on water quality. The operation plan shall
be in accordance with all Technical Guidelines, as each may be amended from time to time to
address any updates required by State law, provide they do not exceed the requirements of any
approved entitlements and SMARA;
(B) 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 community development director. The reclamation
plan application shall be submitted in conjunction with the application for a use permit for
Ordinance No. 683
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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 and a reclamation plan shall include all required
environmental review forms and information prescribed by the city community development
director.
(D) Upon completion of the environmental review and filing of all documents
required by the city community development director, 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, or before the city
council for mining below 150 feet below ground surface, and pursuant to Section 2774 of the
Public Resources Code.
(E) Within 30 days of acceptance of an application of a use permit for surface mining
operations and/or a reclamation plan, as complete, the community development department
shall notify the OMR of the filing of the application(s). Whenever surface mining operations are
proposed in the one hundred-year floodplain of any stream, as shown in Zone A of the Flood
Insurance Rate Maps issued by the Federal Emergency Management Agency, and within one
mile, upstream or downstream, of any state highway bridge, the community development
department shall also notify the State Department of Transportation that the application has
been received.
(F) The community development department shall process the application(s) 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
community development department shall prepare a staff report with recommendations for
consideration by the planning commission or city council.
(H) The planning commission or city council 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 or city council, where applicable, shall certify to the OMR
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 OMR for review. The planning commission or city council may
conceptually approve the reclamation plan and financial assurances before submittal to the
OMR. If a use permit is being processed concurrently with the reclamation plan, the planning
commission or city council may simultaneously also conceptually approve the use permit.
However, the planning commission or city council 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 or city council may conditionally
approve the use permit with the condition that the community development department shall
not issue the use permit for the surface mining operation until cost estimates for financial
Ordinance No. 669
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assurances have been reviewed by the OMR, and final action has been taken on the
reclamation plan and financial assurances.
(J) Public Resources Code Section 2774(d), OMR shall be given 30 days to review
and comment on the reclamation plan and forty-five days to review and comment on the
financial assurances. The planning commission or city council shall evaluate written comments
received, if any, from OMR 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 or city council's approval. In particular, when the planning commission's or city
council's position varies from the recommendations and objections raised in the state'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 planning commission or city council shall be promptly forwarded to the
applicant and/or operator.
(K) The planning commission or city council 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 community development 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 OMR. By July 1st of each year, the community
development department shall submit to OMR for each active or idle mining operation, a copy
of 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
Section 2772 and Section 2773) and applicable state regulations (14 CCR Section 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 Section 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) Before commencement of the filling operations, the operator shall secure all
necessary permits from the applicable governmental agencies having jurisdiction over fill
operations. The permitting procedures imposed by such agencies may require additional
environmental assessment, the cost of which shall be borne by the operator.
(D) 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.
Ordinance No. 683
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(E) In addition to the requirements under SMARA, reclamation plans shall include
the following:
(1) Each phase of reclamation shall be specifically described in the reclamation
plan and shall include the beginning and expected end dates for each phase;
(2) All reclamation activities required including but not limited to:
(a) slopes and slope treatments;
(b) plans for backfill, including engineered fill specifications;
(c) residual features such as ponds, reservoirs and tailings;
(d) revegetation plan including species, mix, and density;
(3 ) criteria for measuring completion of specific reclamation activities;
(4) estimated costs for completion of each phase of reclamation;
(5 ) agent(s) responsible for reclamation implementation;
(6) specific end uses following reclamation; and
(7 ) the timing and scope of periodic review consistent with the Irwindale
Municipal Code or other regulation.
(F) Revegetation. All reclamation plans shall be in compliance with section 3705 of
SMARA for slope revegetation and shall be subject to the following requirements:
(1) Available research addressing revegetation methods and the selection of
species having good survival characteristics, for topography, resoiling characteristics, and
climate of the site area shall be documented in the revegetation section of the reclamation
plan.
(2) Should any plant material become unhealthy or die, the operator shall
replace same with equivalent materials within the next winter to spring planting season.
(3) Success of revegetation will be judged by comparing the quantified
measures of vegetative cover, density, and species-richness of the reclaimed mined-lands to
similar parameters of naturally occurring vegetation in the area. Successful revegetation will be
deemed complete when plant cover has been established over 75% of the site for 3 consecutive
years.
(G) Final slopes. The construction of all final slopes will be in accordance with the
Technical Guidelines. All perimeter slopes will have adequate erosion control measures
designed in accordance with the Technical Guidelines.
(H) Fill operations. All fill operations shall be governed by the following:
(1) All areas of fill or backfill operations in the quarry during mining and
reclamation shall be compacted in accordance with the Los Angeles County Building Code or
other methods approved by the city engineer.
(2) Areas of fill operations in the site during mining and reclamation shall meet
criteria stated in the Irwindale Guidelines ("Backfill Specifications"). Acceptable materials in
accordance with the Backfill Specifications shall consist only of materials that are certified inert
and free of Hazardous Materials or other contamination (consisting of aggregate mining wastes
not considered useable product, including fine sand, silt, and clay, or non-durable rock
material), clean construction debris (including broken asphalt above the historic high water
level and concrete at any level) or other Class U (inert) waste, soil removed from
sedimentation, flood control, or debris reservoirs, exported soil from grading operations in the
Ordinance No. 669
Page 24
Los Angeles area, or similar acceptable inert materials as permitted by applicable Federal, State,
and Local regulations, as may be amended from time to time ("Approved Fill").
(3) The operator shall retain a geotechnical engineer to prepare a Backfill
Specification plan in accordance with the Backfill Specifications and submit it to the city
engineer for review and approval prior to the commencement of the filling operations. The
Backfill Specification plan shall include but not be limited to the following:
(a) Total excavation and fill volumes;
(b) Rate of excavation and fill;
(c) Total depth of excavation;
(d) Finished elevation after reclamation; and
(e) Defined end use with related fill and compaction requirements
that would be required to return the property to a condition suitable for the proposed end use.
(4) Quarterly results of fill operations and compaction results shall be
submitted to the city engineer on a form approved by the city engineer.
(5) The operator shall test each load of fill material for compliance with the
Backfill Specifications. All fill material and fill placement shall be subject to the approval of the
city engineer.
(6) Ongoing fill and compaction operations will be annually certified by a
geotechnical engineer retained by operator. The annual certification of fill placement report
will be submitted to the city for review and approval.
(7) City shall have the right, after providing at least 48 hours notice to
operator, to independently inspect and monitor the (i) fill loads for the presence of any
Hazardous Materials and (ii) to ascertain whether fill has been placed and compacted as
required by the applicable use permit, using a consultant retained by the city. The reasonable
costs for such tests shall be paid by the operator if performed no more than quarterly;
however, should any test find a violation of the applicable use permit, city shall have the right
to conduct additional tests as necessary to ensure compliance with these conditions and the
reasonable costs for such additional tests paid by operator. Should the fill material be found
unacceptable, the operator shall correct, to the satisfaction of the city engineer, any materials
improperly accepted or placed at the site.
(8) No permanent waste disposal locations or tailings ponds are permitted.
(I) The reclamation plan shall be reviewed every year by the city. The city's review
shall be undertaken in accordance with SMARA, and the Irwindale Municipal Code, as may be
amended from time to time. Upon its review, the city may require certain revisions of the
Reclamation Plan if it finds such revisions are necessary pursuant to Regulation Section 3502 (D)
as amended.
Amendments. Substantial deviations from an approved reclamation plan shall
require city approval in the same manner as set forth under section 17.63.060. Any
reclamation plan amendment shall be submitted to the Director of the Department of
Conservation for review, consistent with PRC Section 2774(c), as may be amended from time to
time.
(K) Emergency Plan. Within 30 days of the approval of the reclamation plan, an
emergency plan must be prepared as an attachment to the reclamation plan. Approval of the
emergency plan shall follow the same process for preparation and approval of the Site
Ordinance No. 683
Page 25
Management and Security Plan at section 17.60.035. Required remedial actions should be
established in the Emergency Plan, which will minimize the time period between the discovery
of the contamination and the completion of remediation. If, at any time, contamination is
found to be at or above established action levels, the city shall be immediately notified and the
operator shall be required to take (and pay for) all necessary remedial actions.
(L) Termination of reclamation. All equipment, structures, and other facilities
associated with the mining operations will be dismantled and completely removed from the
Site upon termination of mining, unless that equipment, structures and other facilities are
allowed under the approved use permit. Thereafter, and in accordance with any additional
requirements in the approved reclamation plan, upon termination of reclamation, all
equipment, structures and other facilities associated with the reclamation operations will be
dismantled and completely removed from the site. All refuse, abandoned equipment, and
similar materials will likewise be removed for disposal in a manner permitted by law. Inert
materials may be incorporated into any grading or fill required to complete reclamation. This
will be done in a manner compatible with applicable law, and in accordance with the
reclamation plan.
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 community development 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 community development department accepting responsibility for
reclaiming the mined lands in accordance with the reclamation plan.
17.63.090 Findings for approval.
(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:
(1) The reclamation plan complies with SMARA;
(2) The reclamation plan and potential uses of reclaimed land pursuant to the
plan are consistent with this code, the city's general plan, all applicable Irwindale Guidelines
and any applicable resource plan or element.
(3) 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.
(4) The land and/or other resources such as water bodies to be reclaimed,
will be restored to a condition that is compatible with the surrounding natural environment,
topography and other resources.
(5) 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.
Ordinance No. 669
Page 26
(6) A statement obligating the operator to utilize all inert mine waste
materials for the fill operations, or divert such materials to other sites in the city, or provide an
explanation as to why such diversion is not feasible.
(7) A written response to OMR has been prepared, describing the disposition
of major issues raised by that Department in accordance with Irwindale Municipal Code section
17.63.060(K).
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 satisfactory
completion of the reclamation plan. The applicant may provide security in the form of a surety
bond, trust fund irrevocable letter of credit from an accredited financial institution or other
method of security acceptable to the city and the State Board, in accordance with SMARA, 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 OMR.
(B) Financial assurances will be required to ensure compliance with 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 assurances 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 OMR for review.
If OMR does not comment within forty-five 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 code, 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 city engineer. 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 for adequate
and appropriate fill material grading and compaction requirements, restoration of water
Ordinance No. 683
Page 27
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 other than the operator of the surface mining operation. A
contingency factor of ten percent shall be added to the cost 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 include a calculation of funding requirements for
the total of required reclamation actions by mining phase and provision of a suitable funding
mechanism;
(G) 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).
(H) 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.
(I) The operator shall submit written revisions to financial assurances to the public
works director each year, 30 days prior to the anniversary date of the initial financial assurances
approved by the city. If written revisions to the financial assurances are not provided, the
operator shall explain, in writing, 30 days prior to such anniversary date, why revisions were not
necessary. The public works director may require further revisions and/or explanation from the
operator if the submission is found to be inadequate.
Alternative Financial Assurances. SMARA at sections 3803 and 3806 authorize
governmental operators to utilize "pledges of revenue or budget set-asides" as financial
assurance mechanisms to secure reclamation of its quarries. The City have established a joint
powers authority, formed pursuant to Government Code Section 6500, et seq., and titled the
Irwindale Reclamation Authority ("JPA") to assist the operator in meeting its financial
assurances obligations through an alternative financial assurances mechanism ("Alternative
Mechanism"). The availability of the Alternative Mechanism for an operator shall be subject to
the State's approval. In the event that the operator seeks to provide financial assurances as
provided in this section, the operator shall provide the following:
(1)Transfer and Conveyance of Operation Rights. The operator shall execute a
document titled, "SMARA Operation Rights Transfer and Conveyance Agreement," transferring
to the JPA, and conveying from the JPA to the operator, its operation rights. The assignment
and conveyance shall be deemed not to be an interest in real estate but instead to be a transfer
solely for purposes of assigning primary reclamation responsibility back to the operator.
(2)Amounts Posted by the Operator. The operator shall post financial assurances
instruments in favor of the JPA and State in the amount determined by the city. Such financial
Ordinance No. 669
Page 28
assurances shall remain in place until the site has been fully reclaimed in accordance with the
reclamation plans for the site and then shall be fully exonerated unless there is a default.
Although the city shall retain all rights to annually adjust the financial assurances amounts
under SMARA section 2773.1(a)(3), the financial assurance posted by the operator shall reflect
the amounts required to reclaim the site. As such, any increase in the financial instruments
posted by the operator shall require an amendment to the use permit, subject to the mutual
approval of city and the operator.
(3 ) Termination of JPA. In the event the JPA is terminated for any reason, at
least 2 years prior written notice of termination shall be given to the operator before such
termination shall be effective. This provision shall be included in the SMARA Operation Rights
Transfer and Conveyance Agreement. During said 2 year period, the reclamation plan shall be
reviewed, and revised in a manner such that the then posted financial assurances will be
sufficient for reclamation, or the city may enter into other agreements with the operator to
accomplish the reclamation originally contemplated.
(E) Default. In the event of a material default of the terms of the reclamation plan
obligations, the city shall give the operator reasonable notice and opportunity to cure. Should
operator fail to promptly commence and diligently pursue a cure for such default, the city may
pursue any or a combination of the following remedies:
(1) Financial Assurances. In accordance with SMARA, at section 2773.1(b), as
may be amended, the city may use the financial assurances posted by the operator as
necessary to reasonably cure the default.
(2) Additional Rights. In the event of a material default, in addition to
utilizing the operator's financial assurances, the city shall have all of the remedies available per
SMARA section 2773.1 and the following rights, after providing the operator with a 30 day
notice of violation:
(a) To enter the site and remedy the default, unless such entry is to
take over fill operations and use revenue from reclamation activity, in which case, subsection
(c) below shall apply;
(b) To charge the operator for all costs in excess of the financial
assurances and reclamation revenue;
(c) To lien the property for all excess, uncompensated expenses;
(d) To collect the operator's or its agent's deposit; and
(e) To expend portions of the Reclamation Fund contributed by the
JPA, but not the operator's financial assurances, for any purpose it deems appropriate to assist
in the refilling of the site expeditiously and in an economically prudent manner; provided,
however, the city shall be responsible for any actual damage which results from its introduction
of materials that do not qualify as approved fill. Eligible costs under this paragraph shall
include, but not be limited to, the costs of permissible fill, transportation of same, equipment
and labor costs for reclamation, engineering and consulting fees and all other similar or related
costs and expenses.
(3) Right to Enter Site to Take Over Fill Operations: In the event of a material
default in the operator's filling operations, should the city wish to enter operator's site and use
revenue from reclamation activity to cure the default by taking control of fill operations, the
city shall first provide 60 days notice to operator of the intent to do so. Before implementing
Ordinance No. 683
Page 29
such measures, however, the city shall cause an impact report ("Impact Report") to be
prepared analyzing the anticipated costs and benefits and impacts of the city taking over fill
operations. A draft of the Impact Report shall be circulated to the operator and other
interested parties. Applicant shall have 30 days to comment on the draft. The city shall
consider and respond to any comments in writing. At the city's discretion, any comments may
be incorporated into the Impact Report. The city council shall consider the Impact Report at a
public hearing. If approved by the city council, the city may take over operator's fill operations,
receive revenue from the reclamation activity, expend such portions of the Reclamation Fund
and implement such other measures as addressed in the approved Impact Report, but only for
as long as necessary to achieve compliance with the reclamation plan. When the default as
been cured, the operator shall resume its filling and other operations under the reclamation
plan.
(4) The operator shall at all times maintain ownership and control of the site
and shall continue the conduct of refilling activity, as may be further provided in the SMARA
Operation Transfer and Retransfer Agreement. However, in the event the city exercises its
rights under subsection 17.63.100(K)(3) above, the operator shall give the city, its contractors
and agents access to the site so that the city may cause additional filling and reclamation to
occur in accordance with these conditions. Such access shall be in accordance with the
operator's normal safety requirements and the city shall indemnify and hold the operator
harmless from any liability arising from such access, including injury or death to the employees
of city, its contractors and/or agents, unless such injury or death is caused by the negligence of
Applicant.
(5) Without limitation of its other legal remedies, the operator shall have the
right to appeal to the State any decision by the city to exercise its remedies in accordance with
the appeal provisions under SMARA Regulation Section 3650(b), referencing SMARA Section
2770(e), which authorizes an appeal to the State of a determination by a lead agency under
Section 2773.1(b) that an operator is incapable of performing its reclamation obligations.
17.63.110 Interim management plans.
(A) Within ninety 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 State Department of Conservation and shall be processed
as an amendment to the reclamation plan per section 17.63.060.
(B) Financial assurances for idle surface mining operations will be maintained as
though the operations were active.
(C) Upon receipt of a complete proposed IMP, the community development director
shall forward the IMP to the OMR for review. The IMP shall be submitted to OMR at least thirty
30 days prior to approval by the city council.
(D) Within 60 days of receipt of the proposed IMP, or a longer period mutually
agreed upon by the city community development director and the operator, the city council
shall review and approve or deny the IMP in accordance with this chapter. The operator shall
Ordinance No. 669
Page 30
have 30 days, or a longer period mutually agreed upon by the operator and the community
development director, to submit a revised IMP. The city council shall approve or deny the
revised IMP within 60 days of receipt. If the city council denies the revised IMP, the operator
may appeal such action in writing to the city council within 15 days of the city council's action.
(E) The IMP may remain in effect for a period not to exceed 5 years, at which time
the city council may renew the IMP for another period not to exceed-5 years, or require the
operator to commence reclamation in accordance with the approved reclamation plan.
17.63.120 Annual report requirements and review.
(A) Operators shall forward annual surface mining reports to the State and to the
public works department on a date established by the State, and on forms furnished by the
State Board. New mining operations shall file an initial surface mining report and any applicable
filing fees with the State 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 at the time of filing the annual surface mining
report.
(B) Consistent with SMARA, the city may annually review reclamation plans
including any and all financial assurances. The purpose of the annual review is for making
adjustments in response to any changing technical standards relative to slope stability, backfill
and compaction, ground water protection, and related public safety measures. Any changes to
land use plans shall be subject to the limitation that such changes do not adversely affect the
owner's economic ability to complete the reclamation of the site.
17.63.130 Inspections.
The public works department shall arrange for the inspection of a surface mining
operation within 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 use
permits, the approved reclamation plan, the approved financial assurances and state
regulations. In no event shall less than 1 inspection be conducted in any calendar year. The city
shall send written notice to the operator at least 10 days prior to the inspection. Such
inspections may be made by a state-registered geologist, state-registered civil engineer, state-
licensed landscape architect, or state-registered forester, experienced in land reclamation and
who has 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 Board. The
public works department shall notify the OMR, within 30 days of completion of the inspection
that said inspection has been conducted, and shall forward a copy of the inspection notice and
any supporting documentation, including the city's statement regarding the status of
compliance, to the operator and OMR. 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.
Ordinance No. 683
Page 31
17.63.140 Violations--Penalties.
(A) 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 PRC, 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 use permit.
(B) In the event the operator fails to perform any obligations under the reclamation
plan, the city shall have the right to take any action permitted under applicable law to compel
compliance, including all equitable and legal remedies, whether specific performance,
injunctive relief, or legal damages, and may impose any fines and penalties as may be permitted
by law, including, but not limited to, the city staff and consultant costs and attorneys' fees
incurred in securing compliance.
17.63.150 Appeals.
(A) Any person aggrieved by an act or determination of the public works director
and/or the city community development director in the exercise of the authority granted in this
code, shall have the right to appeal to the planning commission. Any appeal shall be filed in
writing within 15 calendar days of the public works director and/or community development
director's determination.
(B) Any person aggrieved by an act or determination of the planning commission in
the exercise of the authority granted in this code, shall have the right to appeal to the city
council. Any appeal shall be filed in writing within 15 calendar days of the planning
commission'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 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.
(B) In accordance with PRC section 2767, the city's general plan and resource maps
will be updated to reflect mineral information (classification and/or designation reports) within
Ordinance No. 669
Page 32
ra M. Nieto, CMC
eputy City Clerk
12 months of the city's receipt of this information from the State 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.
SECTION 4. If any subsection, sentence, clause or phrase in this section is for
any reason held invalid, the validity of the remainder of the section will not be affected.
The City Council hereby declares it would have passed this section and each
subsection, sentence, clause or phrase thereof, irrespective of the fact that one or more
subsections, sentences, clauses, or phases or is declared invalid.
SECTION 5. The City Council hereby authorizes and directs the Mayor and the
City Clerk to execute this Ordinance on behalf of the City of Irwindale forthwith upon its
adoption.
SECTION 6. The Deputy City Clerk shall certify as to the passage of this
Ordinance and shall cause the same to be published and/or posted at the designated
locations in the City of Irwindale.
SECTION 7. City staff is directed to prepare and file a Notice of Exemption
under the California Environmental and Quality Act (CEQA) in connection with this
Amendment.
PASSED, APPROVED, AND ADOPTED this 10 th day of December 2014.
CL4j-ju
Mark A. Breceda, Mayor
ATTEST:
Ordinance No. 683
Page 33
Ora M. Nieto, CMC
eputy City Clerk
dlir ura M. Nieto, CMC
ri eputy City Clerk
I, Laura M. Nieto , Deputy City Clerk, certify that I caused a copy of Ordinance No.683, adopted by the City Council of the City of
Irvvin4ale at its regular meeting held December 10, 2014 to be posted at the City Hall, Library, and Post Office on December 11,
0#,
)11 rN7/14-6 Dated:
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES } ss.
CITY OF IRWINDALE
I, Laura M. Nieto, Deputy City Clerk of the City of Irwindale, do hereby certify that the
foregoing Ordinance No. 683 was duly introduced at a regular meeting of the Irwindale
City Council held on the 12 th day of November 2014, and was duly approved and
adopted on second reading at its regular meeting held on the 10 th day of December
2014, by the following vote of the Council:
AYES: Councilmembers: Ambriz, Garcia, Miranda, Ortiz, Mayor Breceda
NOES: Councilmembers: None
ABSENT: Councilmembers: None
ABSTAIN: Councilmembers: None
AFFIDAVIT OF POSTING
Ordinance No. 669
Page 34