Barstow Municipal Code Art. VI Interim Management Plans

Within 90 days of a surface mining operation becoming idle, the operator shall file with the department an interim management plan for review and approval. The interim management plan shall provide measures the operator will implement to maintain the surface mining operation site in compliance with this chapter, including, but not limited to, all permit conditions. The interim management plan shall be accompanied by a fee in an amount established by resolution of the city council.

(Code 1969, § 15.28.490; Ord. No. 747, § 1(part), 1999)

Within 30 days of acceptance of an interim management plan for filing, the director shall forward a copy of the interim management plan to the state department of conservation for review.

(Code 1969, § 15.28.500; Ord. No. 747, § 1(part), 1999)

(a) The commission shall approve or deny a proposed interim management plan within 60 days of the acceptance of a proposed plan for filing, unless the operator consents to a longer period. Such decision shall not be made before the state department of conservation has had 30 days to review the proposed interim management plan. The commission shall approve a proposed interim management plan upon making a finding, based on substantial evidence, that the interim management plan is consistent with the requirements of SMARA, the regulations promulgated thereunder, and this chapter.

(b) If the commission denies a proposed interim management plan, the director shall notify the operator in writing of any deficiencies in the plan. The operator shall have 30 days from such notice, or any longer period mutually agreed upon by the director and the operator, to submit a revised plan.

(c) The commission shall approve or deny approval of a revised interim management plan within 60 days of receipt.

(Code 1969, § 15.28.510; Ord. No. 747, § 1(part), 1999)

The interim management plan shall remain in effect for a period not to exceed five years.

(Code 1969, § 15.28.520; Ord. No. 747, § 1(part), 1999)

Upon expiration of an interim management plan, the director shall take one of the following actions:

(1) Renew the interim management plan for another period not to exceed five years. An interim management plan shall not be renewed if the operator has not fully complied with the plan.

(2) Require the operator to commence reclamation in accordance with the approved reclamation plan.

(Code 1969, § 15.28.530; Ord. No. 747, § 1(part), 1999)

Financial assurances required by this chapter shall remain in effect during the period that a surface mining operation is idle.

(Code 1969, § 15.28.540; Ord. No. 747, § 1(part), 1999)