HomeMy WebLinkAbout1993-08-10 ORD #3083 REPEALING & RE-ENACTING ARTICLE II OF CHAP 13 OF BCC REGARDING SURFACE MINING & RECLAMATION•
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Ordinance No. 30-
AN ORDINANCE REPEALING AND RE-ENACTING ARTICLE II OF
CHAPTER 13 OF THE BUTTE COUNTY CODE REGARDING
SURFACE MINING AND RECLAMATION
The Board of Supervisors of the County of Butte ordains as follows:
Section 1. Article II of Chapter 13 of the Butte County Code entitled "Replacement of Material
Displaced in Surface Mining Operations" is hereby repealed.
Section 2. Article II is added to Chapter 13 of the Butte County Code to read as follows:
"Article 1111. Surface Mining and Reclamation.
a. The purpose of this Article is to implement the provisions of the California
Surface Mining and Reclamation Act of 1975 as amended (the "Act", Public
Resources Code Section 2710 et seq.).
b. It is the purpose and intent of the Board of Supervisors to create and
maintain an effective and comprehensive surface mining and reclamation
policy with regulation of surface mining operations so as to assure that:
1. Adverse environmental effects are prevented or minimized and that
mined lands are reclaimed to a usable condition which is readily
adaptable for alternative land. use.
2. The production and conservation of minerals are encouraged, while
giving consideration to values relating to recreation, watershed,
wildlife, range, and forage and aesthetic enjoyment.
3. Residual hazards to the public health and safety are eliminated.
4. The extraction of minerals is essential to the continued economic
well being of the County and to the needs of society, and that
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1 reclamation of mined lands is necessary to prevent or minimize
2 adverse effects on the environment and to protect the public health
3 and safety.
4 5. The reclamation of mined lands as provided in this Article will permit
5 the continued mining of minerals and will provide for the protection
6 and subsequent beneficial use of the mined and reclaimed land.
7 6. Surface mining takes place in diverse areas where the geologic,
8 topographic, climatic, biological and social conditions are
9 significantly different and that reclamation operations and the
0 specifications therefor may vary accordingly.
1 C. This Article shall be reviewed annually and revised, as necessary, in order to
12 ensure that it is in accordance with the State policy for mined lands reclamation
13 and to encourage the mining industry of Butte County.
14 Sec. 13-102. Definitions.
15 Committee: The Surface Mining Aggregate Operations Committee. The five member
16 Committee appointed by the Board of Supervisors pursuant to Resolution 84-197.
17 Exploration or prosper: The search for minerals by geological, geophysical, geochemical
18 or other techniques, including, but not limited to, sampling, assaying, drilling, or any surface
19 or underground works needed to determine the type, extent or quality of the minerals present.
20 Financial Assurance: The financial guarantee provided by the operator to assure the
21 reclamation of all mined lands in the event of default by the operator. Financial assurances
22 are limited to the following forms per Section 2773.1 of the Public Resources Code.
23 1. Surety Bonds;
24 2. Irrevocable letters of credit;
25 3. Trust funds; and,
26 4. Other forms of financial assurances specified by the Board pursuant to Section 2773.1
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1 (c).
2 Idle Mine: "Idle" means to curtail for a period of one year or more surface mining operations
3 by more than 90 percent of the operation's previous maximum annual mineral production, with
4 the intent to resume those surface mining operations at a future date.
5 Mined Lands: Includes the surface, subsurface and ground water of an area in which surface
6 mining operations will be, are being, or have been conducted, including private ways and
7 roads appurtenant to any such area, land excavations, working, mining waste, and areas in
8 which structures, facilities, equipment, machines, tools, or other materials or property which
9 result from, or are used in, surface mining operations, are located.
10 Minerals: Any naturally occurring chemical element or compound, or groups of elements
11 and compounds, formed from inorganic processes and organic substances, including, but
12 not limited to, sand, gravel, aggregate, coal, peat and bituminous rock, but excluding
13 geothermal resources,. natural gas and petroleum.
14 Mining Waste: Includes the residual of soil, rock, mineral, liquid, vegetation, equipment,
15 machines, tools or other materials or property directly resulting from, or displaced by, surface
16 mining operations.
17 Operator: Any person who is engaged in surface mining operations, himself or herself, or
18 who contracts with others to conduct operations on his or her behalf, except a person who
19 is engaged in surface mining operations as an employee with wages at his or her sole
20 compensation.
21 Overburden: Soil, rock or other materials that lie above a natural mineral deposit or in
22 between deposits, before or after their removal by surface mining operations.
23 Permit: Any authorization from, or approval by, the County, the absence of which would
24 preclude surface mining operations.
25 Person: Any individual, firm, association, corporation, organization or partnership, or any
26 City, County, District, or the State or any department or agency thereof.
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1 Reclamation: The combined process of land treatment that minimizes water degradation, air
2 pollution, damage to aquatic or wildlife habitat, flooding, erosion and other adverse effects from
3 surface mining operations, including adverse surface effects incidental to underground mines,
4 so that mined lands are reclaimed to a usable condition which is readily adaptable for alternate
5 land uses and create no danger to public health or safety. The process many extend to
6 affected lands surrounding mined lands, and may require backfilling, grading, resoiling,
7 revegetation, soil compaction, stabilization or other measures.
8 Reclamation Plan: The plan required by the Act, as amended, and meeting all the requirements
9 of Section 2772 and 2773 of the Public Resources Code, State administrative guidelines and
10 regulations adopted pursuant thereto, and ordinances and resolutions of the County adopted
11 in accordance therewith.
12 State Board: State Mining and Geology Board, in the Department of Conservation, State of
13 California.
14 State Geologist: Individual holding office as structured in Section 677 of Article 3, Chapter 2 of
15 Division 1 of the Public Resources Code.
16 Surface Mining Operations: All, or any part of, the process involved in the mining of minerals
17 on mined lands by removing overburden and mining directly from the mineral deposits, open -
18 pit mining of minerals naturally exposed, mining by the auger method, dredging and quarrying,
19 borrow pitting, stream bed skimming, and segregation or stock -piling of mined materials (and
20 recovery of the same), or surface work incident to an underground mine. Surface mining
21 operations shall include, but are not limited to:
22 (a) In-place distillation, retorting or leaching.
23 (b) The production and disposal of mining waste.
24 (c) Prospecting and exploratory activities.
25 Sec. 13-103. Scope.
26 (a) The provisions of this Article shall apply to the unincorporated areas of Butte County.
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('"I'1 1dO'b,)
1 (b) The provisions of this Article are not applicable to:
2 1. Excavations or grading conducted for farming or onsite construction or for the
3 purpose of restoring land following a flood or natural disaster.
4 2. Prospecting for, or the extraction of, minerals for commercial purposes and the
5 removal of overburden in total amounts of less than one thousand (1,000) cubic
6 yards in any one location of one acre or less.
7 3. Surface mining operations that are required by federal law in order to protect a
8 mining claim, if such operations are conducted solely for that purpose.
9 4. Reclamation of lands mined prior to, but not after, January 1, 1976.
10 5. Surface mining operations conducted pursuant to vested rights obtained prior to
11 January 1, 1976, except as otherwise provided in Section 13-110.
12 6. Such other surface mining operations that the County determines to be of an
13 infrequent nature, and which involve only minor surface disturbances and are
14 categorically identified by the State Board of Mining and Geology pursuant to
15 Section 2714 (d) and 2758 (c) of the Public Resources Code.
16 Sec. 13-104. Permit and Reclamation Plan Requirement.
17 (a) Application. Any person, except as provided in Section 2776, Public Resources Code,
18 who proposes to engage in surface mining operations as defined in this Article, shall
19 submit an application for a Mining Permit, Reclamation Plan and a Use Permit if the zone
20 requires, to the County Department of Development Services, Planning Division. The
21 application shall be on a form furnished by the County and shall be full and complete,
22 containing all information required by the Act, as well as any additional information
23 required by the Planning Division.
24 (b) Filin_cFee: Each application shall be accompanied by a filing fee in the amount set forth
25 by resolution or ordinance at the time of application submittal.
26 Sec. 13-105. Application Review Procedure.
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Upon deeming the application complete, the Planning Division shall send copies of the mining
permit application and reclamation plan to the Director of Department of Conservation, County
Public Works Department, the Committee and other responsible agencies. Within 10 days of
the distribution of the permit application and reclamation plan, the Committee shall meet to
review and make recommendations to staff. The Planning Division shall be responsible for
developing an agenda and setting the time and place for the Committee meeting. The
Planning Division will be responsible for conducting the Initial Study to determine the project's
status in respect to the California Environmental Quality Act, Public Resources Code Section
21000 et. seq.
Sec. 13-106. Financial Assurances.
The Planning Commission shall require financial assurances as necessary to conform to the
provisions of this Article and with Section 2773.1 of the Public Resources Code. The mine
operator or applicant shall submit a good faith estimate of the financial assurance for
reclamation, based on the State's financial Assurance Guidelines. The Director of Public
Works shall be responsible for verifying the estimate so as to guarantee reclamation. If the
mine operation is phased and a program is provided by the operator, financial assurances
can be based on each specific phase. Such financial assurances shall be made payable to
the County and the Department of Conservation.
Sec. 13-107. Public Hearing.
The Planning Division shall, upon completion of the review process, schedule the project for
public hearing before the Planning Commission in the same manner as provided for in
Section 24-46 of Chapter 24 of this Code.
The Planning Commission, on the basis of evidence submitted at the hearing, may approve,
conditionally approve, or deny the reclamation plan, financial assurances, mining permit
and/or Use Permit.
The determination of the Planning Commission shall be final unless a written appeal is filed
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1 in the same manner as provided for in Section 24-48 of Chapter 24 of this Code.
2 Sec. 13-108. Lapse of Permit.
3 Upon approval of the Mining Permit, the operator shall commence surface mining operations
4 within five (5) years from the date of issuance of the permit. Should operations not
5 commence within said five (5) years the permit shall expire and become void, unless extended
6 by the Planning Commission prior to expiration.
7 Sec. 13-109. Idle Mines/Interim Management Plans.
8 (a) Within 90 days of a surface mining operation becoming idle, as defined in Section 13-
9 102 and Section 2770 (h) of the Public Resources Code, the operator shall submit to
10 the Planning Division for review and approval an Interim Management Plan. The Interim
11 Management Plan shall be considered an amendment to the approved reclamation plan
12 and shall include measures the operator will implement to maintain the site in
13 compliance with all permit conditions of the approved reclamation plan, mining and/or
14 use permit.
15 (b) The Interim Management Plan may remain in effect for a period not to exceed five (5)
16 years, at which time the County shall do one of the following:
17 1. Renew the Interim Management Plan for an additional period not to exceed five
18 (5) years.
19 2. Require the operator to commence reclamation in accordance with the approved
20 reclamation plan.
21 (c) The financial assurance required by Section 13-106 shall remain in effect during the
22 period the surface mining operation is idle.
23 (d) The Planning Division shall review and approve the Interim Management Plan in
24 accordance with Section 2770 (h) of the Public Resources Code.
25 (e) The Public Works Department shall periodically inspect each idle mine to assure
26 compliance with the approved Interim Management Plan.
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I Sec. 13-114. Vested Rights.
2 No person who has obtained a vested right to conduct surface mining operations prior to
3 January 1, 1976, shall be required to secure a permit pursuant to this Article and the Act as
4 long as the vested right continues and as long as no substantial changes are made in the
5 operation except in accordance with this Article. A person shall be deemed to have vested
6 rights if, prior to January 1, 1976, he or she has, in good faith and in reliance upon a permit
7 or other authorization, if the permit or other authorization was required, diligently commenced
8 surface mining operations and incurred substantial liabilities for work and materials necessary
9 therefor. Expenses incurred in obtaining the enactment of an ordinance in relation to a
10 particular operation or the issuance of a permit shall not be deemed liabilities for work or
11 materials.
12 The reclamation plan required to be filed under subdivision (b) of Section 2770 of the Public
13 Resources Code, shall apply to operations conducted after January 1, 1976, or to be
14 conducted.
15 Nothing in this Article shall be construed as requiring the filing of a reclamation plan for, or
16 the reclamation of, mined lands on which surface mining operations were conducted prior to
17 January 1, 1976.
18 Sec. 13-111. Public Records.
19 Reclamation plans, reports, applications, and other documents submitted pursuant to this
20 Article are public records, unless it can be demonstrated to the satisfaction of the County
21 that the release of such information, or part thereof, would reveal production, reserves or
22 rate of depletion entitled to protection as proprietary information. The applicant shall have the
23 right to identify what, in his opinion, is proprietary information. The County shall identify
24 proprietary information as a separate part of each application. A copy of all permit,
25 reclamation 'plans, reports, applications and other documents submitted pursuant to this
26 Article, including proprietary information, shall be furnished to the Director of Department of
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1 Conservation by the County of Butte. Proprietary information shall be made available to
2 persons other that the Director of Department of Conservation only when authorized by the
3 mine operator and by the mine owner in accordance with Section 2778 of the Public
4 Resources Code.
5 Sec. 13-112. Annual Inspection/ Reports.
6 (a) The Public Works Department, Development Services Department, and such technical
7 specialists as they may deem necessary, shall conduct annual inspections in
8 accordance with Sec. 2774(b) of the Public Resources Code, for each mining operation
9 to determine whether the surface mining operation is in compliance with the spirit and
10 intent of this Article and the Act, and the provisions thereof. Such inspection shall be
11 conducted using a form provided by the Director of Department of Conservation for
12 that purpose, and shall be conducted no later than six (6) months after receiving the
13 surface mining -operation's annual report submitted pursuant to Section 2207 of the
14 Public Resources Code and Section 13-112(b). This Section does not preclude the
15 County from requiring additional inspections for the purpose of ensuring appropriate
16 environmental protection.
17 (b) In compliance with Section 2207 of the Public Resources Code, the owner, manager,
18 or other person in charge of any surface mining operation shall forward an annual
19 report to the Director of Department of Conservation not later than an anniversary date
20 established for that operation by the Director of Department of Conservation upon
21 forms furnished by the State Board of Mines and Geology. Such annual report shall
22 be in accord with instructions included with the forms. The designated copy shall be
23 submitted to the Planning Division and Public Works Department on or before the
24 aforesaid anniversary date.
25 (c) The cost of the annual inspection dictated by Section 13-112(a), above, shall be borne
26 by the operator. The County shall establish and annually review a fee recovery
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1 program to cover the reasonable costs incurred in implementing this Article.
2 Sec. 13-113. Amendments.
3 Amendments to an approved reclamation plan may be submitted to the Planning Commission
4 any time, detailing proposed changes from the original plan. Substantial deviations from the
5 original plan shall not be undertaken until such amendment has been filed with and approved
6 by the Planning Commission. The Planning Commission shall set a public hearing regarding
7 such amendments in the same manner as is provided for in Section 13-107.
8 Sec. 13-114. Transferability.
9 Permits, Reclamation Plans and financial assurances issued under the provisions of this Article
10 are transferable, and the successor shall be bound by the provisions of the approved
11 Reclamation Plan or permit and the provisions of this Article.
12 Sec. 13-115. Minor Plan Modifications.
13 Minor plan modifications from an approved reclamation plan may be allowed upon request of
14 the operator or applicant, and upon a finding by the Director of Development Services that
15 each requested minor plan modification is necessary to achieve the prescribed or higher post -
16 mining use of the reclaimed land.
17 Sec. 13-116. Enforcement.
18 (a) Violation - Public Nuisance: Any violation of this Article is unlawful and a public
19 nuisance and shall be abated, eliminated and enjoined as provided by the Butte County
20 Code or state law.
21 (b) Violation - Noncompliance
22 1. If the Public Works Director should determine that an operator is not in
23 compliance with the provisions of this Article, the County, in conformance with
24 Section 2774.1(a) of the Public Resources Code, shall notify the operator of that
25 violation by personal service or certified mail. If the violation extends beyond 30
26 days after the date of the County's notification, the Public Works Director shall
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1 issue an order by personal service or certified mail requiring the operator to
2 comply with this Article.
3 2. An order issued under Section 13-116(b)(1) above shall not take effect until the
4 operator has been provided a hearing before the Planning Commission
5 concerning the alleged violation. Any order issued under the Section cited
6 above shall specify which aspect of the surface mine's activities or operations
7 are inconsistent with this Article and shall specify a time for compliance, and
8 shall set a date for the hearing, which shall not be sooner than 30 days after the
9 date of the order.
10 3. Any operator who violates or fails to comply with an order issued under Section
11 13-116(b) (1) above after the order's effective date shall be subject to an order
12 by the County imposing an administrative penalty of not more than five thousand
13 dollars ($5,000.00) per day, assessed from the original date of noncompliance
14 with this Article.
15 4. Any operator who fails to submit a report to the Director of Department of
16 Conservation and Public Works Department and Planning Division under Section
17 13-112 and Section 2207 of the Public Resources Code shall be subject to an
18 order by the County imposing an administrative penalty of not more than five
19 thousand dollars ($5,000.00) per day, assessed from the original date of
20 noncompliance with this Article and/or Section 2207 of the Public Resources
21 Code.
22 5. In determining the amount of the administrative penalties for 3 and 4 above, the
23 County shall take into consideration the nature, circumstances, extent, and
24 gravity of the violation or violations, any prior history of violations, the degree of
25 culpability, economic savings, if any, resulting from the violation, and any other
26 matters justice may require.
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1 6. Any operator aggrieved by an act or determination by the Planning Division,
2 Public Works Department or Planning Commission in the exercise of the
3 authority granted herein shall have the right to appeal to the Board of
4 Supervisors. Appeal procedures shall be in accordance with Section 2774.2 of
5 the Public Resources Code.
6 7. The Director of Department of Conservation shall notify the Planning Division of
7 any known apparent violations or noncompliance with the Act in writing, and
8 subject to the limitations in Section 2774.1 of the Public Resources Code, the
9 County shall have sole jurisdiction and responsibility of administering this Article
10 and the Act.
11 8. Remedies under this Section are in addition to, and do not supersede or limit,
12 any and all other remedies, civil or criminal, including, but not limited to, Use
13 Permit, mining permit and/or reclamation plan revocation proceedings."
14 Section 3. Severability.
15 If any part of this ordinance shall be held void by a court of competent jurisdiction,
16 such part shall be deemed severable, and the invalidity thereof shall not affect the remaining
17 parts of this ordinance.
18 Section 4. Effective Date and Publication. This Ordinance shall be and it is hereby declared
19 to be in full force and effect from and after thirty (30) days after the date of its passage, and
20 before the expiration of fifteen (15) days after its passage, this Ordinance shall be published
21 once with the names of the members of the Board of Supervisors voting for and against it in
22 the Oroville Mercury , a newspaper published in the County of Butte, State of
23 California.
24 PASSED AND ADOPTED by the Board of Supervisors of the County of Butte, State of
25 California, on the ioth_ day of August , 1993, by the following vote:
26 AYES: Supervisors Meyer, Dolan, McLaughlin, Thomas and Chair Houx
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NOES: None
ABSENT: None
NOT VOTING: None
ATTEST:
JOHN S. BLACKLOCK
Officer nd Clerk of Board
;i
BY.rm A V
cam.
(smara.ord)
MARY -?k" HOUR, Chair of th
Butte. Co ty Board of Supervisors
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