Barstow Municipal Code Art. VII Miscellaneous Provisions

(a) The applicant, the city council, or any interested party may appeal to the city council any decision approving or denying a surface mining permit, modification of a surface mining permit, a reclamation plan, financial assurances or an interim management plan. No appeal shall be processed unless filed in accordance with this section.

(b) An appeal shall be made within five days of the date of the decision being appealed by filing an application of appeal with the director. The application shall state all of the grounds for the appeal. An appeal filed by the city council shall not require a statement of the grounds for the appeal. Upon receipt of a timely appeal, the director shall transmit to the city clerk the application of appeal and all other documents constituting the record upon which the decision was made.

(c) An appeal shall be accompanied by a fee established by resolution of the city council to cover the cost of processing the appeal. An appeal by the city council shall not be subject to the payment of a fee.

(d) The effectiveness of any decision approving or denying a surface mining permit, modification of a surface mining permit, a reclamation plan, financial assurances or an interim management plan shall be stayed during:

(1) The appeal period set forth in this section; and

(2) The pendency of any appeal.

(e) Within 45 days of the filing of a timely appeal, the city council shall adopt a resolution affirming, reversing or modifying the decision being appealed. The city council shall hold at least one public hearing on the appeal prior to making a decision.

(Code 1969, § 15.28.550; Ord. No. 747, § 1(part), 1999)

The owner or operator shall file with the department an annual operations report as required by Public Resources Code § 2207(b).

(Code 1969, § 15.28.560; Ord. No. 747, § 1(part), 1999)

(a) The director shall arrange for inspection of a surface mining operation within six months of receipt of the annual operations report required by this chapter in order to determine whether the surface mining operation is in compliance with the provisions of this chapter and state regulations. In no event shall less than one inspection be conducted in any calendar year. The director may cause such inspections to be conducted by a state-registered geologist, state-registered civil engineer, state-licensed landscape architect, or state-registered forester, who is experienced in land reclamation and who has not been employed by the mining operation in any capacity during the previous 12 months.

(b) All inspections shall be conducted using the form provided by the state.

(c) The operator shall be solely responsible for the reasonable cost of the inspection.

(d) The director shall notify the state department of conservation within 30 days of completion of the inspection that said inspection has been conducted. The notice shall contain a statement regarding the surface mining operation's compliance with SMARA, shall include a copy of the completed inspection form, and shall specify which aspects of the surface mining operation, if any, are inconsistent with that statute. If the operator has a review of its reclamation plan, financial assurances, or an interim management plan pending before the state department of conservation or the commission, the notice shall so indicate. The director shall forward to the operator a copy of the notice, a copy of the completed inspection form, and any supporting documentation, including, but not limited to, any inspection report prepared by the geologist, civil engineer, landscape architect, or forester.

(Code 1969, § 15.28.570; Ord. No. 747, § 1(part), 1999)

Unless review of an interim management plan is pending before the commission, or an appeal is pending before the city council, a surface mining operation that remains idle for over one year after becoming idle without obtaining approval of an interim management plan shall be considered abandoned. The owner of a surface mining operation which has been deemed abandoned pursuant to this section shall commence and complete reclamation in accordance with the approved reclamation plan.

(Code 1969, § 15.28.580; Ord. No. 747, § 1(part), 1999)

Every operator shall notify the director of each change of address. Notice shall be given no more than seven days after the change is effective and shall be given on a form provided by the department.

(Code 1969, § 15.28.590; Ord. No. 747, § 1(part), 1999)

Any person who owns real property on which a surface mining operation is being conducted for which a surface mining permit has been issued shall file a certified report with the department within 30 days of encumbering, selling, transferring or conveying the property or part thereof or permitting the property or part thereof to be encumbered, sold, transferred or conveyed. The report shall be made on a form provided by the director. The director shall transmit a copy of the report to the state department of conservation and shall file a copy with the county clerk within five business days of its receipt.

(Code 1969, § 15.28.600; Ord. No. 747, § 1(part), 1999)

By July 1 of each year, for each active and idle surface mining operation, the director shall submit to the state department of conservation either of the following:

(1) A copy of any amendments to the surface mining permit and reclamation plan for such operation; or

(2) A statement that there have been no amendments during the previous year.

(Code 1969, § 15.28.610; Ord. No. 747, § 1(part), 1999)

Notice of all public hearings required by this chapter shall be given in accordance with the provisions of section 19.40.010.

(Code 1969, § 15.28.620; Ord. No. 747, § 1(part), 1999)

The city council may establish by resolution such fees as it deems necessary to cover the reasonable costs incurred in implementing this chapter.

(Code 1969, § 15.28.630; Ord. No. 747, § 1(part), 1999)

The provisions of this chapter are not intended to be exclusive and compliance therewith shall not excuse noncompliance with any other applicable provisions of the Barstow Municipal Code or other law.

(Code 1969, § 15.28.640; Ord. No. 747, § 1(part), 1999)

(a) Upon determining that a surface mining operation is not in compliance with SMARA or this chapter, the director may notify the operator of the violation by personal service or certified mail.

(b) If the violation extends beyond 30 days after the notification given pursuant to subsection (a) of this section, then the director may issue an order by personal service or certified mail requiring compliance; provided, however, that such order may require cessation of further mining activities if the operator does not have an approved reclamation plan or financial assurances. The order shall specify the violations, a time for compliance and shall set a date for a hearing before the commission. In setting a compliance date, the director shall take into account the seriousness of the violation and any good faith efforts to comply made by the operator. The date of the commission hearing shall not be sooner than 30 days after the date of the order. The order shall not take effect until the operator has been provided a hearing before the commission.

(c) The director may impose an administrative penalty of not more than $5,000.00 per day on any operator that violates or fails to comply with an order issued under subsection (a) of this section after the order's effective date. Such penalty shall be imposed by means of an order to the operator that is served by personal service or certified mail. The penalty shall be assessed from the original date of noncompliance. In determining the amount of the administrative penalty, the director shall consider the following factors:

(1) The nature, circumstances, extent and gravity of the violation;

(2) Any prior history of violations;

(3) The degree of culpability;

(4) Any economic savings resulting from the violation; and

(5) Any other matters justice may require. Administrative penalty orders shall be effective upon issuance. The operator shall make payment for an administrative penalty within 30 days unless a petition for review has been filed pursuant to subsection (d) of this section.

(d) Within 30 days of the issuance an administrative penalty order pursuant to subsection (c) of this section, the operator may petition the city council for review of the order. The city council shall notify the operator by personal service or certified mail whether it will review the order setting administrative penalties. The city council may affirm, modify, or set aside, in whole or in part, any order setting administrative penalties that it reviews. The decision of the city council shall be by resolution, shall be effective upon issuance and shall be served on the operator by personal service or certified mail. The operator shall make payment for the administrative penalty ordered by the city council within 30 days of service of the order.

(e) Any operator aggrieved by decision of the city council pursuant to subsection (d) of this section may obtain judicial review in accordance with Public Resources Code § 2774.2(e). Payment of the administrative penalty shall be held in an interest bearing impound account pending the resolution of a duly filed petition for judicial review.

(Code 1969, § 15.28.650; Ord. No. 747, § 1(part), 1999)