Division 6 — SUSPENSION OR REVOCATION

Sec. 30-951. - Suspension or revocation.

Whenever a resource extraction operation is to be suspended voluntarily, the operator shall notify the Director of Community Development in writing of his intention to suspend operations at least 90 days prior to such voluntary suspension.

Sec. 30-952. - Interim management plans.

(a)

Within 90 days of the voluntary suspension of a surface mining operation, the operator shall submit to the Planning Division a proposed interim management plan (IMP). The proposed IMP shall fully comply with the requirements of SMARA, including, but not limited to, all site conditions, and shall provide measures the operator will implement to maintain the site in a stable condition, taking into consideration public health and safety. The proposed IMP shall be submitted on forms provided by the Planning Division and shall be processed as an amendment to the resource reclamation plan. IMPs shall not be considered a project for the purposes of environmental review.

(b)

Financial assurances for suspended operations shall be maintained as though the operation were active.

(c)

Upon receipt of a complete proposed IMP, the Planning Division shall forward the IMP to the State Department of Conservation for review. The IMP shall be submitted to the State Department of Conservation at least 30 days prior to approval by the Planning Commission.

(d)

Within 60 days of receipt of the proposed IMP, or a longer period mutually agreed upon by the Director of Community Development and the operator, the Planning Commission shall review and approve or deny the IMP in accordance with this article. The operator shall have 30 days, or a longer period mutually agreed upon by the operator and the Director of Community Development, to submit a revised IMP. The Planning Commission shall approve or deny the revised IMP within 60 days of receipt. If the Planning Commission denies the revised IMP, the operator may appeal that action to the City Council in accordance with Chapter 30, Article II, and Division 5 of the Fontana Municipal Code.

(e)

The IMP may remain in effect for a period not to exceed five years, at which time the Planning Commission may renew the IMP for another period not to exceed five years or require the surface mining operator to commence reclamation in accordance with its approved reclamation plan.

Sec. 30-953. - Revocations, violations and penalties.

If the Director of Community Development, 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 this article, the applicable resource extraction permit approval, any required permit and/or the resource reclamation plan, the City shall follow the procedures set forth in Public Resources Code § 2774.1 and § 2774.2 concerning violations and penalties. In addition, the following provisions of the City of Fontana Municipal Code for revocation and/or abandonment of permits shall be followed:

(1)

The Director of Community Development shall review any possible violation and make a recommendation to the Planning Commission. In addition to any other means of enforcing these regulations, the Planning Commission may suspend or revoke a resource extraction permit or any other entitlement to conduct mining operations granted pursuant to the City of Fontana Development Code when the Commission determines that a permittee is violating material terms of a resource extraction permit or that a reclamation plan is not being implemented.

(2)

Prior to any such suspension or revocation, the Director of Community Development shall specify the nature of the violation or the failure to implement a reclamation plan in writing and demand at least twice over a period not less than 30 days that the permittee correct the violation or failure. When adequate steps have not been taken to ensure the immediate correction of the violation or failure to the satisfaction of the Planning Manager, the Director of Community Development shall request the Planning Commission set a hearing to consider whether the resource extraction permit or other entitlement to

mining operations should be suspended or revoked. The owner and operator of the site in question shall be given at least 15 days' notice of any such hearing, except when life, safety, or health issues are in question.

(3)

Whenever the Planning Commission suspends or revokes a resource extraction permit or other entitlement to conduct mining operation pursuant to this article, it shall do so by resolution, which resolution shall set forth the findings upon which the Commission bases its action.

(4)

A resolution of suspension shall also set forth any conditions which must be met to reinstate the resource extraction permit or other entitlement to conduct mining operations. Prior to reinstatement of any suspended resource extraction permit or other entitlement to conduct mining operations, the permittee shall submit a compliance plan to the Planning Commission for approval. The Planning Manager shall determine that mining operations and other uses are in accordance with an approved compliance plan prior to resumption of mining operations. Upon certification by the Director of Community Development that a permittee has corrected all violations and satisfied any conditions of reinstatement in accordance with an approved compliance plan, the Planning Commission shall reinstate a suspended resource extraction permit or other entitlement to conduct mining operations.