§ 88.44

This Chapter is adopted in compliance with the California Surface Mining and Reclamation Act of 1975 (Public Resources Code 2710 et seq.). The Council finds and determines that:

A.

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;

B.

The reclamation of mined lands as provided in this chapter will permit the continued mining of minerals and will provide for the protection and subsequent beneficial use of the mined and reclaimed land; and

C.

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 for the reclamation may vary accordingly.

Definitions of the technical terms and phrases used in this chapter may be found under "surface mining" in Article 7 (Glossary).

(Ord. No. 2020-02, § 3, 2-3-20)

The requirements of this chapter apply to all surface mining activities within the city, except the following:

A.

Excavations or grading conducted for farming or onsite construction or for the purpose of restoring land following a flood or natural disaster;

B.

Prospecting and exploration for minerals of commercial value where less than 1,000 cubic yards of overburden is removed in any one location of one acre or less;

C.

Any surface mining operation that does not involve either the removal of a total of more than 1,000 cubic yards of minerals, ores, and overburden or involve more than one acre in any one location;

D.

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; and

E.

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 in compliance with Public Resources Code 2714D. and 2758C.

A.

Any person, except as provided in Public Resources Code 2776, who proposes to engage in surface mining operations shall, prior to the commencement of operations, obtain:

1.

A use permit to mine in compliance with Section 88.50.050 (Use Permits); and

2.

Approval of a reclamation plan in compliance with this chapter and as further provided in Public Resources Code 2770 et seq.

B.

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 use permit as long as the vested right continues, provided that no substantial change is made in that operation except in compliance 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 use permit, if such a permit was required, diligently commenced surface mining operations and incurred substantial liabilities for work and materials necessary for the operation.

C.

A person who has obtained a vested right to conduct surface mining operations prior to January 1, 1976 shall submit to the director a reclamation plan for operations to be conducted after January 1, 1976, unless a reclamation plan was approved by the city prior to January 1, 1976, and the person submitting the plan has accepted responsibility for reclaiming the mined lands in compliance with that plan. The reclamation plan shall be approved within three months of the date the director deems the plan complete.

D.

Nothing in this chapter 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.

E.

The owner, lessor, lessee, agent, manager, or other person in charge of any mining operation of whatever kind or character within the state shall forward to the Director of the State Division of Mines and Geology and the City of Azusa not later than July 1, 1991, and every year thereafter not later than an anniversary date established by the director, upon forms which shall be supplied by the state, a report which contains all the required information as specified in Section 2207 et seq.

The city will ensure compliance with the California Surface Mining and Reclamation Act as follows.

A.

The state geologist shall be notified of the filing of all applications.

B.

Required reclamation plans shall consist of at least those items as outlined in Public Resources Code Section 2770 et seq.

C.

This chapter shall automatically be updated from time-to-time as the state legislature adopts or amends the Surface Mining and Reclamation Act. Those changes shall be incorporated into this chapter by reference.

Upon a finding by the commission that a supplemental guarantee for the reclamation of the mined land is necessary, and upon the determination by the director 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 department. The surety shall be executed in favor of the city and shall be reviewed and revised, as necessary, bi-annually. The 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.

As a condition of approval for the 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.

CHAPTER 88.46. - TELECOMMUNICATIONS FACILITIES