Etna Municipal Code Ch. 17.112 Surface Mining and Reclamation

The city recognizes that the extraction of minerals is essential to the continued economic well-being of the city and to the needs of 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. The city also recognizes 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 therefor may vary accordingly.

The purpose and intent of this chapter is to ensure the continued availability of important mineral resources, while regulating surface mining operations as required by California's Surface Mining and Reclamation Act of 1975 (Public Resources Code Section 2710 et seq.), as amended, hereinafter referred to as "SMARA," Public Resources Code Section 2207 (relating to annual reporting requirements), and State Mining and Geology Board regulations (hereinafter referred to as "state regulations") for surface mining and reclamation practice (California Code of Regulations (CCR), Title 14, Division 2, Chapter 8, Subchapter 1, Section 3500 et seq.), to ensure that:

A. Adverse environmental effects are prevented or minimized and that mined lands are reclaimed to a usable condition which is readily adaptable for alternative land uses.

B. The production and conservation of minerals are encouraged, while giving consideration to values relating to recreation, watershed, wildlife, range and forage, and aesthetic enjoyment.

C. Residual hazards to the public health and safety are eliminated.

(Ord. 230, 12/22/2025)

The definitions set forth in this section shall govern the construction of this chapter.

"Area of regional significance"

means an area designated by the State Mining and Geology Board (SMGB) which is known to contain a deposit of minerals, the extraction of which is judged to be of prime importance in meeting future needs for minerals in a particular region of the State within which the minerals are located and which, if prematurely developed for alternate incompatible land uses, could result in the premature loss of minerals that are of more than local significance.

"Area of statewide significance"

means an area designated by the SMGB which is known to contain a deposit of minerals, the extraction of which is judged to be of prime importance in meeting future needs for minerals in the state and which, if prematurely developed for alternate incompatible land uses, could result in the permanent loss of minerals that are of more than local or regional significance.

"Borrow pits"

means excavations created by the surface mining of rock, unconsolidated geologic deposits or soil to provide material (borrow) for fill elsewhere.

"Compatible land uses"

means land uses inherently compatible with mining and/or that require a minimum public or private investment in structures, land improvements, and which may allow mining because of the relative economic value of the land and its improvements. Examples of such uses may include, but shall not be limited to, very low density residential, geographically extensive but low impact industrial, recreational, agricultural, silvicultural, grazing, and open space.

"Haul road"

means a road along which material is transported from the area of excavation to the processing plant or stockpile area of the surface mining operation.

"Idle"

means an operator of a surface mining operation has curtailed production at the surface mining operation, with the intent to resume the surface mining operation at a future date, for a period of one year or more by more than 90% of its maximum annual mineral production within any of the last five years during which an interim management plan has not been approved.

"Incompatible land uses"

means land uses inherently incompatible with mining and/or that require public or private investment in structures, land improvements, and landscaping and that may prevent mining because of the greater economic value of the land and its improvements. Examples of such uses may include, but shall not be limited to, high density residential, low density residential with high unit value, public facilities, geographically limited but impact intensive industrial, and commercial.

"Mined lands"

means the surface, subsurface, and ground water 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.

"Minerals"

means 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.

"Mining waste"

means 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.

"Operator"

means any person who is engaged in surface mining operations, or who contracts with others to conduct operations on their behalf, except a person who is engaged in surface mining operations as an employee with wages as their sole compensation.

"Permit"

means any authorization from, or approval by, a lead agency, the absence of which would preclude surface mining operations.

"Reclamation"

means the combined 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.

"Stream bed skimming"

means excavation of sand and gravel from stream bed deposits above the mean summer water level or stream bottom, whichever is higher.

"Surface mining operations"

means 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 include, but are not limited to, inplace distillation or retorting or leaching, the production and disposal of mining waste, prospecting and exploratory activities, borrow pitting, streambed skimming, and segregation and stockpiling of mined materials (and recovery of same).

"Vested rights"

means a person shall be deemed to have vested rights if, prior to January 1, 1976, the person has, in good faith and in reliance upon a permit or other authorization, if the permit or other authorization was required, diligently commenced surface mining operations and incurred substantial liabilities for work and materials necessary for the surface mining operations. Expenses incurred in obtaining the enactment of an ordinance in relation to a particular operation or the issuance of a permit shall not be deemed liabilities for work or materials.

(Ord. 230, 12/22/2025)

A. The provisions of SMARA (Public Resources Code Section 2710 et seq.), Public Resources Code Section 2207, and state regulations CCR Section 3500 et seq., as those provisions and regulations may be amended from time to time, are made a part of this chapter by reference with the same force and effect as if the provisions therein were specifically and fully set out herein, excepting that when the provisions of this chapter are more restrictive than correlative state provisions, this chapter shall prevail.

B. Public Resources Code Sections 2762, 2763 and 2764 and Chapter 14 California Code of Regulations Section 3676, and subsequent amendments regarding mineral classification studies and general plan resource management policies are incorporated into this chapter.

(Ord. 230, 12/22/2025)

A. Except as provided in this chapter, no person shall conduct surface mining operations unless a permit, reclamation plan, and financial assurances for reclamation have first been approved by the city. Any applicable exemption from this requirement does not automatically exempt a project or activity from the application of other regulations, ordinances, or policies of the city, including, but not limited to, the application of the California Environmental Quality Act ("CEQA", Public Resources Code, Division 13, Section 21000 et seq.), the requirement of site approvals or other permits, the payment of development impact fees, or the imposition of other dedications and exactions as may be permitted under the law. The provisions of this chapter shall apply to all lands within the city, public and private.

B. This chapter does not apply to any of the following activities, subject to the above-referenced exceptions:

1. Excavations or grading conducted for farming.

2. Onsite excavation and onsite earthmoving activities which are an integral and necessary part of a construction project that are undertaken to prepare a site for construction of structures, landscaping, or other land improvements, including the related excavation, grading, compaction, or the creation of fills, road cuts, and embankments, whether or not surplus materials are exported from the site, subject to all of the following conditions:

a. All required permits for the construction, landscaping, or related land improvements have been approved by a public agency in accordance with applicable provisions of state law and locally adopted plans and ordinances, including, but not limited to, CEQA.

b. The city's approval of the construction project included consideration of the onsite excavation and onsite earthmoving activities pursuant to CEQA.

c. The approved construction project is consistent with the general plan or zoning of the site.

d. Surplus materials shall not be exported from the site unless and until actual construction work has commenced and shall cease if it is determined that construction activities have terminated, have been indefinitely suspended, or are no longer being actively pursued.

3. Operation of a mineral processing site, including associated onsite structures, equipment, machines, tools, or other materials, including the onsite stockpiling, crushing, screening, batching, and onsite recovery of mined materials, subject to all of the following conditions:

a. The site is located on lands designated for industrial or commercial uses in the general plan.

b. The site is located on lands zoned industrial or commercial or on lands appropriately zoned for mineral processing.

c. None of the minerals being processed are extracted onsite.

d. All reclamation work has been completed pursuant to the approved reclamation plan for any mineral extraction activities that occurred onsite after January 1, 1976.

4. Prospecting for, or the extraction of, minerals for commercial purposes and the removal of overburden in total amounts of less than 1,000 cubic yards in any one location of one acre or less.

5. Surface mining operations that are required by federal law in order to protect a mining claim, if those operations are conducted solely for that purpose.

6. Any other surface mining operations that the State Mining and Geology Board determines to be of an infrequent nature and which involve only minor surface disturbances.

7. Surface mining operations and emergency excavations or grading conducted by the Department of Water Resources or the Reclamation Board as specified in Public Resources Code Section 2714.

8. Excavations or grading for the exclusive purpose of obtaining materials for roadbed construction and maintenance conducted in connection with timber operations or forest management on land owned by the same person or entity. This exemption is limited to excavation and grading that is conducted adjacent to timber operation or forest management roads and shall not apply to onsite excavation or grading that occurs within 100 feet of a Class One watercourse or 75 feet of a Class Two watercourse, or to excavation for materials that are, or have been, sold for commercial purposes.

a. This exemption shall be available only if slope stability and erosion are controlled in accordance with CCR Sections 3704(f) and 3706(d) and, upon closure of the site, the person closing the site implements, where necessary, revegetation measures and post-closure uses in consultation with the Department of Forestry and Fire Protection.

9. Excavations, grading, or other earthmoving activities in an oil or gas field that are integral to and necessary for ongoing operations for the extraction of oil or gas as specified in Public Resources Code Section 2714.

(Ord. 230, 12/22/2025)

A. No person who obtained a vested right to conduct surface mining operations prior to January 1, 1976, shall be required to secure a permit to mine, so long as the vested right continues and as long as no substantial changes have been made in the operation except in accordance with SMARA, state regulations, and this chapter. Where a person with vested rights has continued surface mining in the same area subsequent to January 1, 1976, they shall obtain city approval of a reclamation plan covering the mined lands disturbed by such subsequent surface mining. In those cases where an overlap exists (in the horizontal and/or vertical sense) between pre- and post-SMARA mining, the reclamation plan shall call for reclamation proportional to that disturbance caused by the mining after the effective date of SMARA (January 1, 1976).

B. All other requirements of state law and this chapter shall apply to vested mining operations.

(Ord. 230, 12/22/2025)

A use permit shall be required for a surface mining operation which is not determined to be vested. A use permit shall also be required for the expansion of a surface mining operation beyond the boundaries of the vested area.

(Ord. 230, 12/22/2025)

A. The city's review of reclamation plans is limited to whether the plan substantially meets the applicable requirements of this chapter and Public Resources Code Sections 2772, 2773, 2773.3, and Article 1 (commencing with Section 3500), Article 9 (commencing with Section 3700) of Subchapter 1 of Chapter 8 of Division 2 of Title 14 of the CCR, as applicable. Reclamation plans determined to substantially meet these requirements shall be approved by the city for purposes of this chapter.

B. The following standards shall apply to all reclamation plans:

1. The reclamation plan shall be applicable to a specific piece of property or properties, shall be based upon the character of the surrounding area and such characteristics of the property as type of overburden, soil stability, topography, geology, climate, stream characteristics, and principal mineral commodities, and reclamation plan, including topography, revegetation, and sediment and erosion control.

2. All reclamation plans shall be subject to the reclamation performance standards in 14 CCR Sections 3700 through 3713. These standards shall apply to each mining operation, but only to the extent that they are consistent with the planned or actual subsequent use or uses of the mining site.

3. The city shall employ standards in compliance with state policy. The city may impose additional performance standards (conditions) developed either in review of individual projects, as warranted, or through the adoption of citywide performance standards.

C. The reclamation plan shall be filed with the city on a form provided by the city clerk, by any person who owns, leases, or otherwise controls or operates on all, or any portion of any, mined lands, and who plans to conduct surface mining operations thereon. The reclamation plan shall include the information and documents required under Public Resources Code Sections 2772, 2773, 2773.3, and Article 1 (commencing with Section 3500), Article 9 (commencing with Section 3700) of Subchapter 1 of Chapter 8 of Division 2 of Title 14 of the CCR, as applicable. The application shall also include environmental review information required under CEQA as prescribed by the city clerk or their designee.

1. Professional reports, documents, calculations, plans, specifications, maps, cross sections, boring or trench logs, and diagrams (documents hereafter) which must, under applicable law, regulation, or code, be prepared by or under the supervision of licensed professionals will not be accepted or considered unless at least one copy of said document bears an original signature, stamp impression or seal, and date affixed by the author in accordance with applicable law and regulation.

2. Unless otherwise directed or agreed in advance, all professionally prepared documents included in any application package submitted for formal decision maker action are to be in final form and must be signed, stamped or sealed, and dated in accordance with applicable law and regulation.

D. Reclamation plans shall be approved, conditionally approved, or denied in accordance with this chapter, including a public hearing, except where preempted by the Public Resources Code.

1. Reclamation plans determined not to substantially meet the requirements of this chapter, Public Resources Code Sections 2772, 2773, 2773.3, and Article 1 (commencing with Section 3500), Article 9 (commencing with Section 3700) of Subchapter 1 of Chapter 8 of Division 2 of Title 14 of the CCR, as applicable, shall be returned to the operator within 60 days. The operator has 60 days to revise the plan to address identified deficiencies, at which time the revised plan shall be returned to the city for review and approval of completeness.

2. Prior to city approval, reclamation plans shall be forwarded to the Department of Conservation and other state agencies as required under SMARA (Public Resources Code Section 2772.1). The city shall certify to the supervisor that the reclamation plan complies with the applicable requirements of Public Resources Code Sections 2772, 2773, 2773.3, and Article 1 (commencing with Section 3500), Article 9 (commencing with Section 3700) of Subchapter 1 of Chapter 8 of Division 2 of Title 14 of the CCR, as in effect at the time the reclamation plan is submitted to the supervisor for review (Public Resources Code Section 2772.1).

E. The decision on a reclamation plan may be appealed in accordance with Section 17.112.110 (Appeals).

F. Prior to approving a reclamation plan, the approving body shall make the following findings:

1. The project has been reviewed pursuant to CEQA, all adverse impacts related to the reclamation plan have been mitigated by the plan and/or the recommended condition of approval, and the appropriate environmental determination has been adopted.

2. The reclamation plan complies with the requirements of the SMARA, specifically Public Resources Code Sections 2772 and 2773, and the reclamation standards specified in CCR, Title 14, Division 2, Chapter 8, Subchapter 1, Article 9, Sections 3700 through 3713.

3. The reclamation plan has been forwarded to the Department of Conservation as prescribed by this chapter and in accordance with Public Resources Code Section 2772.1, including all applicable documentation required for submission as outlined in Public Resources Code Section 2772.1.

4. The reclamation plan complies with the purpose, intent, and requirements of this chapter.

5. The proposed goal of reclamation is consistent with the general plan policies and zoning for the area.

G. If the surface mining operation for which a reclamation plan has been approved is not commenced within two years of the approval date of the reclamation plan, the reclamation plan shall be null and void. An extension of time for one additional year may be granted by the original approving body provided the operator submits a request prior to the expiration of the reclamation plan. Extension of time shall not be granted to extend the date of completion of the reclamation plan.

(Ord. 230, 12/22/2025)

A. Any person having an approved reclamation plan may file for an amendment of that reclamation plan as specified herein. Amendment applications shall be in the form specified by the city clerk. An amendment to an approved reclamation plan will be considered minor or major based on whether there is a substantial deviation from the approved reclamation plan. All proposed reclamation plan amendments shall be submitted to the Department of Conservation for concurrence that an amendment is a minor, non-substantial deviation from the approved plan, or for compliance review of a major, substantial deviation plan amendment. A major amendment shall be subject to the standard reclamation plan application fee and a minor amendment shall be subject to the minor amendment application fee.

B. Minor, Non-Substantial Deviation Reclamation Plan Amendments. Minor reclamation plan amendments may include any of the following if the city clerk and the Department of Conservation determine the amendment does not constitute a substantial deviation from the approved reclamation plan:

1. Modifications that involve minor changes, such as those that improve drainage, improve slope designs within the reclamation plan boundaries or improve re-vegetation success;

2. Modifications that adjust the reclamation boundaries to incorporate areas disturbed prior to January 1, 1976, or existing components of the mining operation that were established in accordance with all other city requirements;

3. Approval of interim management plans for idle mines pursuant to this chapter; or

4. Other modifications that the city clerk determines do not constitute a substantial deviation from the approved reclamation plan upon concurrence from the Department of Conservation.

C. The city clerk is the decision-making authority for non-substantial reclamation plan amendments. The city clerk's decision may be appealed to the city council pursuant to Section 17.120.020 (Appeals of administrative action).

D. Major, Substantial Deviation Reclamation Plan Amendments. A major reclamation plan amendment is any reclamation plan amendment that constitutes a substantial deviation from the existing, approved reclamation plan under this section and SMARA. A substantial deviation shall be defined as a change or expansion to a surface mining operation that substantially affects the completion of the previously approved reclamation plan, or that changes the end use of the approved plan to the extent that the scope of the reclamation required for the surface mining operation is substantially changed. In determining whether a change or expansion constitutes a substantial deviation, the lead agency shall take into consideration the following factors:

1. A substantial increase in the disturbance of a surface area or in the maximum depth of mining;

2. A substantial extension of the termination date of the mining operation as set out in the approved reclamation plan;

3. Changes that would substantially affect the approved end use of the site as established in the reclamation plan;

4. The consistency of any proposed change to the operation with the previously adopted environmental determinations and one that would trigger a new environmental document;

5. Whether the change would trigger a substantial amendment to any approved use permit applicable to the mining activity; and/or

6. Any other changes that the lead agency deems substantial deviations as defined in this subsection.

E. The city council is the decision-making body for substantial deviation reclamation plan amendments.

(Ord. 230, 12/22/2025)

A. Within 90 days of a surface mining operation becoming idle, the operator shall submit to the city for review and approval, an interim management plan. The review and approval of an interim management plan shall not be considered a project for purposes of CEQA. The approved interim management plan shall be considered an amendment to the surface mining operation's approved reclamation plan. The interim management plan shall provide the measures that the operator will implement to maintain the site in compliance with SMARA, including all conditions of any applicable use permit and/or reclamation plan.

B. Prior to city approval, interim management plans shall be submitted for review by the Department of Conservation pursuant to Section 17.112.120 (State review).

C. The city clerk may approve an interim management plan without public notice or a public hearing if the city clerk determines that the interim management plan does not require any changes to the reclamation plan or conditions of approval and adequately describes the measures that will be implemented to maintain the mine in idle status while complying with SMARA and any applicable permit conditions. The decision of the city clerk may be appealed to the city council pursuant to Section 17.120.020 (Appeals of administrative action).

D. The interim management plan may remain in effect for a period not to exceed five years, at which time the city shall do one of the following:

1. Renew the interim management plan for another period not to exceed five years, if the city finds that the surface mining operator has complied fully with the interim management plan;

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

E. The financial assurances shall remain in effect during the period that the surface mining operation is idle. If the operation remains idle after the expiration of its interim management plan, reclamation shall commence in accordance with the approved reclamation plan.

F. Within 45 days of the receipt of the interim management plan, or a longer period mutually agreed upon by the city clerk and the operator, the city clerk or their designee shall review the interim management plan in accordance with this chapter, and if the interim management plan satisfies the requirements of this section, forward the plan to the Department of Conservation for comment. Otherwise, the city clerk or their designee shall notify the operator in writing of any deficiencies in the plan. The operator shall have 30 days, or a longer period mutually agreed upon by the operator and the city clerk, to submit a revised plan.

G. The city clerk or their designee shall submit the interim management plan, including a revised interim management plan, to the Department of Conservation for review, and certify to the supervisor that the interim management plan is a complete submission and complies with the applicable requirements of this chapter and Public Resources Code, Division 2, Chapter 9, Section 2710 et seq., Article 1 (commencing with Section 3500) and Article 9 (commencing with Section 3700) of Subchapter 1 of Chapter 8 of Division 2 of Title 14 of the CCR.

H. The city clerk or their designee shall review and evaluate written comments received from the Department of Conservation relating to the interim management plan within a reasonable amount of time and respond to the supervisor in accordance with Public Resources Code Section 2770, including, but not limited to, providing the supervisor notice of an intended approval of the interim management plan.

I. The city clerk shall approve or deny the revised interim management plan within 60 days of receipt of the Department of Conservation's comments or within 90 days of submitting the interim management plan to the supervisor if no comments are received from the supervisor. If the city clerk denies the revised interim management plan, the operator may appeal that action to the city council, which shall schedule a public hearing within 45 days of the filing of the appeal, or any longer period mutually agreed upon by the operator and the city council.

J. Unless review of an interim management plan is pending before the city, or an appeal is pending before the city council, a surface mining operation which remains idle for more than one year after becoming idle as defined in Public Resources Code Section 2727.1 without obtaining approval of an interim management plan shall be considered abandoned and the operator shall commence and complete reclamation in accordance with the approved reclamation plan.

K. Any enforcement action which may be brought against a person for operating without an approved reclamation plan, financial assurance, or interim management plan, shall be held in abeyance pending review pursuant to Public Resources Code Section 2770(b) or (h), or the resolution of an appeal filed with the State Mining and Geology Board pursuant to Public Resources Code Section 2770(e), or with the city council pursuant to subdivision (h) (Public Resources Code Section 2770(h)(1) through (6)).

(Ord. 230, 12/22/2025)

A. The city's review of financial assurances is limited to whether the financial assurances substantially meet the applicable requirements of Public Resources Code Section 2773.1, Article 11 (commencing with Section 3800) of Subchapter 1 of Chapter 8 of Division 2 of Title 14 of the CCR, and this chapter. Financial assurances for reclamation shall be sufficient to perform reclamation of lands remaining disturbed. Financial assurances determined to substantially meet these requirements shall be approved by the city for purposes of this chapter. Except as specified in Public Resources Code Section 2770(e), an appeal pursuant to Public Resources Code Section 2770(e) with regard to non-approval of financial assurances, and that appeal is pending before the State Mining and Geology Board, the continuation of the surface mining operation is prohibited until financial assurances for reclamation are approved by the city.

B. The city shall require financial assurances of each surface mining operation to ensure reclamation is performed in accordance with the surface mining operation's approved reclamation plan, as follows:

1. Financial assurances may take the form of surety bonds executed by an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120(a), irrevocable letters of credit, trust funds, or other forms of financial assurances specified by the State Mining and Geology Board pursuant to Public Resources Code Section 2773.1(e), which the city reasonably determines are adequate to perform reclamation in accordance with the surface mining operation's approved reclamation plan.

2. The financial assurances shall remain in effect for the duration of the surface mining operation and any additional period until reclamation is completed.

3. The amount of financial assurances cost estimate required of a surface mining operation for any one year shall be adjusted annually to account for new lands disturbed by surface mining operations, inflation, and reclamation of lands accomplished in accordance with the approved reclamation plan. An operator shall be required to replace an approved financial assurance mechanism to bond for the reclamation of the surface mining operation only if the financial assurance cost estimate identifies a need to increase the amount of the financial assurance mechanism.

4. Financial assurance cost estimates shall be submitted to the city for review on a form developed by the Department of Conservation and approved by the State Mining and Geology Board.

5. The financial assurances shall be made payable to the city and the Department of Conservation. A financial assurance mechanism shall not be released without the consent of the city clerk and the Department of Conservation. Financial assurances that were approved by the city prior to January 1, 1993, and were made payable to the state geologist shall be considered payable to the Department of Conservation for purposes of this chapter. However, if a surface mining operation has received approval of its financial assurances from a public agency other than the city, the city shall deem those financial assurances adequate for purposes of this section, or shall credit them toward fulfillment of the financial assurances required by this section, if they are made payable to the public agency, the city, and the Department of Conservation and otherwise meet the requirements of this section. In any event, if the city and one or more public agencies exercise jurisdiction over a surface mining operation, the total amount of financial assurances required by the city and the public agencies for any one year shall not exceed that amount which is necessary to perform reclamation of lands remaining disturbed. For purposes of this paragraph, a "public agency" may include a federal agency.

6. Estimates for financial assurances shall include descriptions of the tasks to be performed, identification of equipment, labor and materials requirements, definition of unit costs, total cost per task, total direct cost of reclamation, and administrative costs including costs of supervision, profit and overhead, contingencies and mobilization. Additional required information may include a site plan showing the present limits of the disturbed area to be reclaimed, and other information necessary to verify the estimate.

7. In projecting the costs of financial assurances, it shall be assumed without prejudice or insinuation that the surface mining operation could be abandoned by the operator and, consequently, the city or state may need to contract with a third-party for reclamation of the site.

C. Financial assurances determined not to substantially meet the requirements of Public Resources Code Section 2773.1 shall be returned to the operator within 60 days. The operator has 60 days to revise the financial assurances to address identified deficiencies, at which time the revised financial assurances shall be returned to the city for review and approval of completeness.

D. Prior to city approval, financial assurances shall be forwarded to the Department of Conservation pursuant to Section 17.112.120 (State review) and Public Resources Code Section 2773.4.

E. The decision to approve financial assurances, both with respect to the form and amount thereof, shall be made by the city clerk. The financial assurance estimates shall be based on an approved reclamation plan. The city clerk's decision may be appealed in accordance with Section 17.112.110 (Appeals).

F. Financial assurances are not required of a surface mining operation, and shall be released, upon written notification by the city clerk and the Department of Conservation, which shall be forwarded to the operator and the institutions providing or holding the financial assurance mechanism, when reclamation has been completed in accordance with the approved reclamation plan. If a mining operation is sold or ownership is transferred to another person, the existing financial assurances shall remain in force and shall not be released by the city clerk and the Department of Conservation until new financial assurances are secured from the new owner and have been approved by the city in accordance with Public Resources Code Sections 2770, 2773.1, and 2773.4. Within 90 days of the sale or transfer of a surface mining operation, the new operator shall submit an appropriate financial assurance mechanism, which may be the existing mechanism if the existing mechanism is payable in the event of the new operator's financial incapability or abandonment of the surface mining operation, that is subject to review by the city and the Department of Conservation pursuant to Public Resources Code Section 2773.4(e). Within 15 days of the sale or transfer of a surface mining operation, the new operator shall sign a new statement of reclamation responsibility in accordance with Public Resources Code Section 2772(c)(10).

G. The city shall conduct a public hearing to determine if the operator is financially incapable of performing reclamation in accordance with the approved reclamation plan, or has abandoned the surface mining operation without completing reclamation. The city shall provide notice of the public hearing to the operator and the Department of Conservation at least 30 days prior to the hearing.

H. If the city, following a public hearing, determines that the operator is financially incapable of performing reclamation in accordance with the approved reclamation plan, or has abandoned the surface mining operation without completing reclamation, the city clerk or their designee shall do all of the following:

1. Notify the operator by personal service or certified mail that the city intends to take appropriate action to forfeit the financial assurances and specify the reasons for so doing;

2. Allow the operator 60 days to commence or cause the commencement of reclamation in accordance with its approved reclamation plan and require that reclamation be completed within the time limits specified in the approved reclamation plan or some other time period mutually agreed upon by the city and the operator;

3. Proceed to take appropriate action to require forfeiture of the financial assurances if the operator does not substantially comply with subsection H.2 of this section; and

4. Use the proceeds from the forfeited financial assurances to conduct and complete reclamation in accordance with the approved reclamation plan. If the surface mining operation cannot be reclaimed in accordance with its approved reclamation plan, or the financial assurance mechanisms are inadequate to reclaim in accordance with its approved reclamation plan, the city or Department of Conservation may use forfeited financial assurance mechanisms to reclaim or remediate mining disturbances as appropriate for the site conditions as determined by both the city and the supervisor. In no event shall the financial assurances be used for any other purpose. The operator is responsible for the costs of conducting and completing reclamation in accordance with the approved reclamation plan which are in excess of the proceeds from the forfeited financial assurances.

(Ord. 230, 12/22/2025)

Decisions of the city clerk or their designee may be appealed to the city council within 15 calendar days of the decision by filing an appeal pursuant to Section 17.120.020 (Appeals of administrative action).

(Ord. 230, 12/22/2025)

A. Prior to approving a surface mining operation's reclamation plan, interim management plan, financial assurances, including existing financial assurances reviewed by the city pursuant to Public Resources Code Section 2773.4 or any amendments, the city shall submit the plan, assurances, or amendments to the Department of Conservation for review.

B. Pursuant to Public Resources Code Sections 2772.1 and 2773.4(b) the Department of Conservation shall be given 30 days to review the reclamation plan and 15 days to review the financial assurance, including any amendments, for completeness. Following the receipt of a complete reclamation plan submission, including any amendments, the supervisor shall be given 30 days to comment. Following the receipt of a complete financial assurance submission, including any amendments, the supervisor shall be given 45 days to comment. For an interim management plan, the supervisor shall be given 30 days to comment pursuant to Public Resources Code Section 2770(h)(4)(C). The city shall prepare a written response to the supervisor's comments describing the disposition of the major issues raised by the supervisor's comments, and submit the city's proposed response to the supervisor at least 30 days prior to approval of the reclamation plan, plan amendment, interim management plan, financial assurance, or financial assurance amendment. The city's response to the supervisor's comments shall describe whether the city proposes to adopt the supervisor's comments to the reclamation plan, plan amendment, interim management plan or financial assurance, or financial assurance amendment. If the city does not propose to adopt the supervisor's comments, the city shall specify, in detail, why the city proposes not to adopt the comments. Copies of any written comments received and responses prepared by the city shall be forwarded to the operator. The city shall also give the supervisor at least 30 days' notice of the time, place, and date of the hearing before the city council at which time the reclamation plan, plan amendment, financial assurance, or financial assurance amendment is scheduled to be approved. If no hearing is required by this chapter or title or state law, then the city shall provide 30 days' notice to the supervisor that it intends to approve the reclamation plan, plan amendment, interim management plan financial assurance, or financial assurance amendment. Within 30 days following the approval of the reclamation plan or plan amendment, the city shall provide the supervisor notice of the approval. The city shall provide, as soon as practicable but no later than 60 days after approval of the reclamation plan or plan amendment, certified copies of all maps, diagrams, or calculations, signed and sealed in accordance with Public Resources Code Sections 2772.1(b)(7)(A) and (B), including all required documentation as outlined in said sections. The city shall send to the supervisor its final response to the supervisor's comments within 30 days following its approval of the financial assurance or amendment during which period the department retains all powers, duties, and authorities of this chapter.

C. The city shall notify the Department of Conservation of the filing of an application for a permit to conduct surface mining operations within 30 days of such an application being filed (and determined complete) with the city.

D. Whenever surface mining operations are proposed in the 100-year floodplain for any stream, as shown in Zone A of Flood Insurance Rate Maps issued by the Federal Emergency Management Agency, and within one mile upstream or downstream of any state highway bridge, the city shall notify the Department of Transportation that the application has been received. The Department of Transportation shall have a period of not more that 45 days to review and comment on the proposed surface mining operations with respect to any potential damage to the state highway bridge from the proposed surface mining operations. The city shall not issue or renew the permit until the Department of Transportation has submitted its comments or until 45 days from the date the application for the permit was submitted, whichever occurs first.

E. The city shall comply with the procedures and timeframes prescribed in Public Resources Code Section 2774.2.5 when submitting to the Department of Conservation for state review. If there is any conflict between the requirements of this section and SMARA, the requirements of SMARA shall govern.

(Ord. 230, 12/22/2025)

A. Whenever one operator succeeds to the interest of another in any uncompleted surface mining operation by sale, assignment, transfer, conveyance, exchange, or other means, the successor shall be bound by the provisions of the approved reclamation plan and the provisions of this chapter.

B. Financial assurances provided by the operator's successor to the city and the Department of Conservation shall have been approved, and the financial assurance mechanism shall be in place prior to the continuation of surface mining operations.

(Ord. 230, 12/22/2025)

A. Surface mining operators shall forward an annual status report to the Department of Conservation and to the city on a date established by the supervisor upon forms furnished by the State Mining and Geology Board.

B. The city shall conduct an inspection of a surface mining operation in intervals of no more than 12 months, solely to determine whether the surface mining operation is in compliance with this chapter. In no event shall the city inspect a surface mining operation less than once in any calendar year. The city may cause such an inspection to be conducted by a state-registered geologist, state-registered civil engineer, state-licensed landscape architect, or state-registered forester, or a qualified city employee experienced in land reclamation and not previously employed by the mining operation in any capacity during the previous 12 months. All inspections shall be conducted using a form developed by the Division of Mine Reclamation and approved by the State Mining and Geology Board. The operator shall be solely responsible for the reasonable cost of the inspection. The city shall provide a notice of completion of inspection to the supervisor within 90 days of conducting the inspection. The notice shall contain a statement regarding the surface mine's compliance with this chapter, shall include a copy of the completed inspection form, and shall specify, as applicable, all of the following:

1. Aspects of the surface mining operations, if any, are inconsistent with this chapter but were corrected before the submission of the inspection form to the supervisor;

2. Aspects of the surface mining operation, if any, that were found to be inconsistent with this chapter but were not corrected before the submission of the inspection form to the supervisor;

3. A statement describing the city's intended response to any aspects of the surface mining operation found to be inconsistent with this chapter but were not corrected before the submission of the inspection form to the supervisor; and

4. A statement as to whether the surface mining operation is out of compliance with an order to comply or stipulated order to comply issued by the city.

C. If the surface mining operation has a review of its reclamation plan, financial assurances, or an interim management plan pending under Public Resources Code Section 2770(b) or (h), or an appeal pending before the State Mining and Geology Board or the city council under Public Resources Code Section 2770(b) or (h), the notice shall so indicate. The city shall forward to the operator a copy of the notice, a copy of the completed inspection form, and any supporting documentation, including, without limitation, any inspection report prepared by the geologist, civil engineer, landscape architect, or forester, or qualified city employee who conducted the inspection.

(Ord. 230, 12/22/2025)

A. The city shall establish and maintain in-house measures and procedures to ensure organized record keeping and monitoring of surface mining reclamation under its jurisdiction. The city shall forward a copy of each permit and approved reclamation plan and financial assurance instrument to the Department of Conservation.

B. Reclamation plans, reports, applications, and other documents submitted pursuant to this chapter are public records, unless it can be demonstrated to the satisfaction of the city that the release of that information, or part thereof, would reveal production, reserves, or rate of depletion entitled to protection as proprietary information. The city shall identify such proprietary information as a separate part of the application. Proprietary information shall be made available only to the Department of Conservation and to persons authorized in writing by the operator and by the owner.

C. A copy of all reclamation plans, reports, applications, and other documents submitted pursuant to this chapter shall be furnished to the Department of Conservation by the city on request.

(Ord. 230, 12/22/2025)

A. If the city clerk or their designee, based upon an annual inspection or otherwise confirmed by an inspection of the mining operation, determines that a surface mining operation is not in compliance with SMARA, the approved reclamation plan, an interim management plan or the provisions of this chapter, then the city clerk may follow the enforcement procedures and remedies provided in Public Resources Code Section 2774.1 including issuance of a notice of violation and any subsequent order to comply and administrative penalties. Such enforcement procedures and remedies are non-exclusive and are in addition to any other procedure or remedy provided under the law.

B. An appeal of an order to comply without administrative penalties must be made to the city council in accordance with Section 17.112.110 (Appeals) except that the appeal may be lodged within 30 days of the order. An appeal of an order setting administrative penalties must be made directly to the city council in accordance with Section 17.112.110 except that the appeal may be lodged within 30 days of the order.

(Ord. 230, 12/22/2025)

The city council shall establish such fees as it deems necessary to cover the reasonable costs incurred in implementing this chapter and applicable state laws, including processing of applications, appeals, annual reports, inspections, monitoring, enforcement and compliance. Such fees shall be paid by the operator of the surface mining operation as required by the city at the time of filing of the reclamation plan application, modification to reclamation plan application, appeal, or time extension request, and at such other times as are determined by the city to be appropriate in order to ensure that all reasonable costs of implementing this chapter are borne by the mine operator.

(Ord. 230, 12/22/2025)