HomeMy WebLinkAboutOrdinance No. 2187 ORDINANCE NO. 2187
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AZUSA, CALIFORNIA, AMENDING THE AZUSA MUNICIPAL
CODE TITLE 19 BY ADDING THE FOLLOWING SECTIONS
19.70.010 THROUGH 19.70.060, INCLUSIVE, RELATING TO
SURFACE MINING AND RECLAMATION
THE CITY COUNCIL OF THE CITY OF AZUSA DOES ORDAIN AS FOLLOWS:
SECTION 1 . Title 19 of the Azusa Municipal Code is hereby
amended by adding the following sections:
CHAPTER 19.70
SURFACE MINING AND RECLAMATION
Sections:
19.70.010 Purpose and Intent
19.70.020 Definitions
19.70.030 Scope
19.70.040 Conditional Use Permit and Reclamation Plan Required
19.70.050 Performance Bond
19.70.060 Periodic Review
19.70.010 PURPOSE AND INTENT. (1 . ) This ordinance is adopted
pursuant to the California Surface Mining and Reclamation Act
of 1975, Chapter 9, Public Resources Code.
(2. ) The Council hereby finds and declares that the extraction
of minerals is essential to the continued economic well-being
of the State and to the needs of the society, and that the
reclamation of mined lands is necessary to prevent or minimize
adverse effects on the environment and to protect the public
health and safety.
(3. ) The Council further finds that the reclamation of mined
lands as provided in this ordinance will permit the continued
mining of minerals and will provide for the protection and
subsequent beneficial use of the mined and reclaimed land.
(4. ) The Council further finds that surface mining takes place
in diverse areas where the geologic, topographic, climatic,
biological , and social conditions are significantly different
and that reclamation operations and the specifications therefore
may vary accordingly.
19.70.020 DEFINITIONS. (1 . ) "Exploration" or "prospecting"
means the search for minerals by geological , geophysical ,
geochemical or other techniques, including, but not limited to,
sampling, assaying, drilling, or any surface or underground works
needed to determine the type, extent, or quantity of minerals
present.
(2.) "Mined Lands": Includes 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.
(3. ) "Minerals": 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.
(4. ) "Mining Waste": Includes the residual of soil , rock,
mineral , liquid, vegetation, equipment, machines, tools, or
other materials or property directly resulting from, or
displaced by, surface mining operations.
(5. ) "Operator": Any persons who is engaged in surface mining
operations, himself, or who contract with others to conduct
operations on his behalf.
(6. ) "Overburden": Soil , rock, or other materials that lie
above a natural mineral deposit or in between deposits, before
or after their removal , by surface mining operations.
(7.) "Person": Any individual , firm, association, corporation,
organization, or partnership, or any city, county, district, or
the state or any department or agency thereof.
(8. ) "Reclamation": The process of land treatment 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 to a usable
condition which is readily adaptable for alternate land uses and
create no danger to public health or safety. The process may extend
to affected lands surrounding mined lands, and may require backfilling
grading, resoiling, revegetation, soil compaction, stabilization,
or other measures.
(9.) "State Board": State Mining and Geology Board, in the
Department of Conservation, State of California.
(10. ) "State Geologist": Individual holding office as
structured in Section 677 of Article 3, Chapter 2 of Division
1 of the Public Resources Code.
(11 . ) "Surface Mining Operations": All or any part of the process
involved in the mining of minerals on mined lands by removing
overburden and mining directly from the mineral deposits, open-pit
mining of minerals naturally exposed, mining by the auger method,
dredging and quarrying, or surface work incident to an underground
mine. Surface mining operations shall include, but are not
limited to:
(a) Inplace distillation, retorting or leaching.
(b) The production and disposal of mining waste.
(c) Prospecting and exploratory activities.
19.70.030 SCOPE. The provisions of this chapter shall apply
to the incorporated areas of the City of Azusa. The provisions
of this chapter are not applicable:
(1 . ) Excavations or grading conducted for farming or onsite
construction or for the purpose of restoring land following a
flood or natural disaster.
(2. ) Prospecting and exploration for minerals of commercial value
where less than 1000 cubic yards of overburden is removed in any
one location of one acre or less.
(3. ) Any surface mining operation that does not involve either
the removal of a total of more than 1000 cubic yards of minerals,
ores, and overburden, or involve more than one acre in any one
location.
(4. ) Surface mining operations that are required by federal law
in order to protect a mining claim, if such operations are
conducted solely for that purpose.
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(5. ) Such other mining operations that the City determines
to be of an infrequent nature, and which involve only minor
surface disturbances and are categorically identified by
the State Board pursuant to Section 2714(d) and 2758(c) .
California Surface Mining and Reclamation Act of 1975.
19.70.040. CONDITIONAL USE PERMIT AND RECLAMATION PLAN
REQUIRED. (1 . ) Any person, except as provided in Section 2776,
California Surface Mining and Reclamation Act of 1975, who
proposes to engage in surface mining operations as defined in
this chapter shall , prior to the commencement of such operations,
obtain (a) A conditional use permit to mine in accordance with
Chapter 19.60 of the Azusa Municipal Code and (b) approval
of a reclamation plan, in accordance with the provisions set
forth in this chapter and as further provided in Article 5,
California Surface Mining and Reclamation Act of 1975.
(2.) No person who has obtained a vested right to conduct a
surface mining operation prior to January 1 , 1975, shall be
required to secure a conditional use permit pursuant to this
chapter as long as such vested right continues, provided that
no substantial change is made in that operation except in
accordance with the provisions of this chapter. A person shall
be deemed to have such vested rights if, prior to January 1 , 1976,
he has in good faith and in reliance upon a conditional use permit
if such a permit was required, diligently commenced surface mining
operations and incurred substanital liabilities for work and
materials necessary therefor.
A person who has obtained a vested right to conduct surface
mining operations prior to January 1 , 1976 shall submit to the
City Planning Department and receive, within a period of three (3)
months, approval of a Reclamation Plan for operations to be
conducted after January 1 , 1976, unless a Reclamation Plan was
approved by the City of Azusq prior to January 1 , 1976, and the
person submitting that plan has accepted responsibility for
reclaiming the mined lands in accordance with that plan. Nothing
in this ordinance shall be construed as requiring the filing of
a reclamation plan, or the reclamation of, mined lands on which
surface mining operations were conducted prior to, but not after,
January 1 , 1976.
(3. ) The State Geologist shall be notifed of the filing of all
applications.
(4. ) The Reclamation Plan shall consist of a least those items
as outlined in Article 5 of the California Surface Mining and
Reclamation Act of 1975.
(5. ) This ordinance shall be continuously reviewed and revised, as
necessary, in order to ensure that it is in accordance with the
state policy for mined lands reclamation.
19.70.050 PERFORMANCE BOND. Upon a findng by the Planning Agency
that a supplemental guarantee for the reclamation of the mined
land is necessary, and upon the determination by the Planning
Department of the cost of the reclamation of the mined land
according to the Reclamation Plan, a surety bond, lien, or other
security guarantee conditioned upon the faithful performance of
the Reclamation Plan shall be filed with the Planning Department.
Such surety shall be executed in favor of the City of Azusa and
reviewed and revised, as necessary, biannually. Such surety
shall be maintained in an amount equal to the cost of completing
the remaining reclamation of the site as prescribed in the approved
or amended Reclamation Plan during the succeeding two-year period,
or other reasonable term.
19.70.060 PERIODIC REVIEW. As a condition of approval for the
conditional use permit or the Reclamation Plan, or both, a
schedule for periodic inspections of the site shall be established
to evaluate continuing compliance with the Permit and the
Reclamation Plan.
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SECTION 2. The City Clerk shall certify to the passage of
this Ordinance and shall cause the same to be published as required by law.
PASSED AND APPROVED this 15th day of August 1983.
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AYO
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS.
CITY OF AZUSA )
I, ADOLPH SOLIS, City Clerk of the City of Azusa, do hereby
certify that the foregoing Ordinance No. 2187 was regularly introduced and placed
upon its first reading at a regular meeting of the City Council on the 1st day of
August ,1983. That, thereafter, said Ordinance was duly adopted and passed at
a regular meeting of the City Council on the 15th day of August ,1983, by the
following vote to wit:
AYES: COUNCILMEMBERS: DECKER, HART, CRUZ, LATTA, MOSES
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
IYCLERK
Publish Azusa Herald: August 24, 1983