Chapter 2 — ENFORCEMENT

91802.00 - Commission of misdemeanor.

Any person allowing weeds and/or other vegetation to accumulate on a premise as specified by Section 91801.00 et seq. herein shall be guilty of the commission of a misdemeanor, punishable as provided by this

title.

(Prior code 91802.00)

91802.01 - Declaration of public nuisance.

Weeds and/or other vegetation may be declared to constitute a public nuisance and may be abated as provided for in this chapter upon concurrence of any two of the following county officials:

A.

The fire marshal;

B.

The planning director;

C.

The director of public works;

D.

The agricultural commissioner.

Whenever weeds and/or other vegetation exist upon any private or public property in the unincorporated area, the officials, by declaration, may declare the weeds and/or other vegetation a public nuisance.

(Prior code 91802.01)

91802.02 - Contents of declaration.

The declaration shall refer, by the name under which it is commonly known, to the property upon which the nuisance exists, or the declaration shall describe the property upon which, or in front of which, the nuisance exists by describing the property by reference to the tract, block, lot, code area, and parcel number as used in the records of the county assessor or in accordance with the map used in describing property for taxation purposes.

(Prior code 91802.02)

91802.03 - Contents of notice.

The notice to abate weeds and/or vegetation shall be headed "Notice to Abate Weeds and/or Other Vegetation" and shall be substantially in the following form:

NOTICE TO ABATE WEEDS

NOTICE IS HEREBY GIVEN that on the _______ day of __, 20, a declaration of Public Nuisance has been issued declaring that the weeds and/or other vegetation existing upon or in front of the property at _______, or nearest to _______ Street (or Road), in said County, and more particularly described in said declaration and that the same constitute a public nuisance which may be abated by the removal of the same, otherwise the weeds and/or other vegetation will be removed and the nuisance will be abated by the County

authorities, in which case the cost of such removal shall be assessed upon the lots and lands from which, or in front of which, the weeds are removed, and such cost will constitute a lien upon such lots or lands until paid. Reference is hereby made to said declaration for further particulars.

All property owners having any objections to the proposed removal of such weeds and/or other vegetation are hereby notified they have the right to appeal said declaration by filing said appeal in the Imperial County Planning and Development Services Department within two weeks of the date of this notice. A hearing will be held by the Board of Supervisors. The objections will be heard and given due consideration.

Dated this _______ day of ____, 20.

___________ Name of County planning director Imperial County

(Amended during 2008 codification; prior code 91802.03)

91802.04 - Designation of person to give notice.

The official designated to give notice to abate weeds and/or other vegetation is the county planning director.

(Prior code 91802.04)

91802.05 - Notification.

The notice to abate shall be mailed via return receipt/certified mail to the owner of record on the latest equalized tax rolls.

(Prior code 91802.05)

91802.06 - Abatement order.

After final action is taken by the board of supervisors on the disposition of any protest or objections or in case no protests or objections are received, the board of supervisors shall order the officer, causing the notices to be posted to abate the nuisance, or to cause it to be abated by having the weeds and/or other vegetation removed.

(Prior code 91802.06)

91802.07 - Seasonal and recurrent nuisance.

If the nuisance is seasonal and recurrent, the official shall so declare in his or her declaration. Thereafter, such recurring weeds and/or other vegetation shall be abated without the necessity of any further hearing.

(Prior code 91802.07)

91802.08 - Notice of recurrent nuisance—Postcard notice—Contents.

In the case of weeds and/or other vegetation previously declared to constitute a seasonal and recurring nuisance, it is sufficient to mail a letter notice by certified mail to the owners of the property as they and their addresses appear upon the current assessment roll.

The notice shall describe the property affected and shall state the nuisance that must be abated and that otherwise it will be abated by the county authorities, in which case the cost of such removal shall be assessed upon the lot and lands from which or in front of which such weeds and/or other vegetation are removed and that such cost will constitute a lien upon such lots or land until paid.

(Prior code 91802.08)

The official and his or her assistants, deputies, employees, or contracting agents, or other representatives may enter upon private property for the purpose of removing the weeds and/or other vegetation.

(Prior code 91802.09)

91802.10 - Abatement of nuisance by owner.

Any property owner may have weeds and/or other vegetation removed at his or her own expense if it is done prior to the arrival of the official (or his or her representatives) to do it.

(Prior code 91802.10)

Division 19 - STREET NAMES AND NUMBERING Chapter 1 - GENERAL PROVISIONS

91901.00 - Street naming plan adopted.

A.

There is adopted for the unincorporated area of the county of Imperial those street names contained on that certain map entitled "Street Names," dated January 13, 1964, on file with the clerk of the board of supervisors.

B.

The street names contained in street names map shall be for all official purposes the name of all streets within the unincorporated territory of the county of Imperial.

C.

As amendments, revisions or additions to the street names map are desired, the planning commission is authorized to effect such changes to the street names map by filing an amendment to the map with the clerk of the board of supervisors after a public hearing, notice of which shall be given pursuant to Government Code 6061 by the planning department.

(Prior code § 91901.00)

91901.01 - House numbering plan adopted.

A.

The house numbering plan for the county of Imperial is adopted for the unincorporated area of the county of Imperial according to the map entitled "House Numbering Plan," dated January 13, 1964, which map is on file with the clerk of the board of supervisors. This house numbering plan shall be the basis of all house numbers for all official purposes within the unincorporated area of the county of Imperial.

B.

As additional areas are added to the house numbering plan map, the planning commission is authorized to adopt a street numbering plan for the new streets by amendment to the house numbering plan map by filing an amendment to the map with the clerk of the board of supervisors after a public hearing, notice of which shall be given pursuant to Government Code Section 6061 by the planning department.

C.

The planning director of the county of Imperial is authorized to assign specific house numbers to developed lots in the unincorporated area of the county of Imperial according to the house numbering plan map. No building permit shall be issued pursuant to this title unless a house number has been assigned to it pursuant to this division.

(Prior code § 91901.01)

Chapter 2 - STREET NAMES AND NUMBERING (SPECIFIC)

91902.00 - Appeals.

A.

Any person who owns an interest in the real property adjacent to a street assigned a name by the planning commission by amendment to the street names map may appeal the decision of the planning commission by filing with the planning director, within ten (10) days of the planning commission's decision, a notice of appeal. The planning director shall promptly deliver a copy of the notice to the clerk of the board of supervisors. The clerk of the board of supervisors shall set a date and time for the hearing of the appeal before the board of supervisors not more than thirty (30) days after receiving the notice of appeal. At least ten (10) days prior to the date and time set for hearing the clerk of the board of supervisors shall notify the appellant and all others who appeared at the planning commission hearing of the date and time set for hearing.

B.

At the date and time appointed, the board of supervisors shall hold its hearing. It may adjourn the hearing once to its next regularly scheduled meeting date. Any decision of the board of supervisors shall be final. Within ten (10) days of a final determination by the board of supervisors, the clerk of the board of supervisors shall notify the appellant of the board's decision.

(Prior code § 91902.00)

Division 20 - SURFACE MINING AND RECLAMATION Chapter 1 - GENERAL PROVISIONS

The county of Imperial recognizes that the extraction of minerals is essential to the continued economic wellbeing of the county 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 county 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 operation 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 Sections 2710 et seq.), as amended, hereinafter referred to as "SMARA," Public Resources Code (PRC) 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, Sections 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. 1415 § 298, 2006)

92001.01 - Definitions.

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

"Area of regional significance" means an area designated by the State Mining and Geology Board 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 prematurely loss of minerals that are of more than local significance.

"Area of statewide significance" means an area designated by the board 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 surface mining operations curtailed for a period of one year or more, by more than ninety percent (90%) of the operation's previous maximum annual mineral production, with the intent to resume those surface mining operations at a future date.

"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 groundwater 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.

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

"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, re-soiling, re-vegetation, 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).

(Ord. 1415 § 300, 2006)

The provisions of SMARA (PRC Section 2710 et seq.), PRC 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 division shall prevail.

(Prior code § 92001.02)

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 county. 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 county, including but not limited to, the application of CEQA, the requirement of site approvals or other permits, the payment of development impact fees, or the imposition of other dedications and exaction's as may be permitted under the law. The provisions of this division shall apply to all lands within the county of Imperial, both public and private.

This chapter shall not apply to the following activities, subject to the above-referenced exceptions:

A.

Excavations or grading conducted for farming or on-site construction or for the purpose of restoring land following a flood or natural disaster.

B.

On-site excavation and on-site earthmoving activities which are 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:

1.

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, the California Environmental Quality Act ("CEQA", Public Resources Code, Division 13, Section 21000 et seq.).

2.

The county's approval of the construction project included consideration of the on-site excavation and onsite earthmoving activities pursuant to CEQA.

3.

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

4.

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 not longer being actively pursued.

C.

Operation of a plant site used for mineral processing, including associated on-site structures, equipment, machines, tools, or other materials, including the on-site stockpiling and on-site recovery of mined materials, subject to all of the following conditions:

1.

The plant site is located on lands designated for industrial or commercial uses in the county's general plan.

2.

The plant site is located on lands zoned industrial or commercial, or are contained within a zoning category intended exclusively for industrial activities by the county.

3.

None of the minerals being processed are being extracted on-site.

4.

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

D.

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

E.

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.

F.

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

G.

The solar evaporation of sea water or bay water for the production of salt and related minerals.

H.

Emergency excavations or grading conducted by the department of water resources or the reclamation board for the purpose of averting, alleviating, repairing, or restoring damage to property due to imminent or recent floods, disasters, or other emergencies.

I.

Road construction and maintenance for timber or forest operations if the land is owned by the same person or entity, and if the excavation is conducted adjacent to timber or forest operation roads. This exemption is only available if slope stability and erosion are controlled in accordance with board regulations and, upon closure of the site, the person closing the site implements, where necessary, re-vegetation measures and post-closure used in consultation with the department of Forestry and Fire Protection. This exemption does not apply to on-site excavation or grading that occurs within one hundred (100) feet of a Class I watercourse or seventy-five (75) feet of a Class II watercourse, or to excavations for materials that are, or have been sold for commercial purposes.

J.

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 that comply with all of the following conditions: (1) the operations are being conducted in accordance with Division 3 (Commencing with Section 3000); (2) the operations are consistent with the (county's) general plan or zoning applicable to the site; (3) the earthmoving activities are within oil or gas field properties under a common owner or operator; and (4) no excavated materials are sold for commercial purposes.

(Ord. 1415 § 302, 2006)

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, he or she shall obtain county 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-Act mining, the reclamation plan shall call for reclamation proportional to that disturbance caused by the mining after the effective date of the Act (January 1, 1976).

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

(Ord. 1415 § 304, 2006)

92001.05 - Implementation of responsibility.

The planning and development services department of the county of Imperial is assigned responsibility to administer and enforce all aspects of this division and associate SMARA laws and regulations. As such, the planning and development services department shall have the full authority to issue all notices, orders and/or administrative fines. Further, the department has the authority to coordinate and cooperate with the office of mining and reclamation to effectively implement the SMARA regulations.

(Ord. 1415 § 306, 2006)

92001.06 - Fee schedule.

In order to administer this program, the department shall collect fees and/or assess penalties as set forth below.

New or to reclamation plan for:

(Ord. 1415 § 308, 2006)

Chapter 2 - IMPLEMENTATION

A.

Applications for a site approval(s) or a reclamation plan approval for a surface mining or land reclamation projects shall be made on forms provided by the planning department or upon format required by the county. Said applications shall be filed in accordance with this division and procedures to be established by the planning department. The forms for a reclamation plan applications shall require, at a minimum, each of the elements required by SMARA (Sections 2772 and 2773) and state regulations, and any other requirements deemed necessary to facilitate an expeditious and fair evaluation of the proposed reclamation plan, to be established at the discretion of the planning director. Twenty (20) copies of the reclamation plan/conditional use permit and/or mining application shall be submitted to the planning department.

B.

For surface mining operations that are exempt from a site approval pursuant to this chapter, the reclamation plan application shall include information concerning the site approval that is required for processing the reclamation plan. All documentation for the reclamation plan shall be submitted to the county at one time.

C.

Applications shall include all required environmental review forms and information prescribed by the planning department.

D.

Upon completion of the environmental review procedure and filing of all documents required by the planning department, consideration of the site approval or reclamation plan for the proposed or existing surface mine shall be completed pursuant to this title at a public hearing before the planning commission, and pursuant to Section 2774 of the Public Resources Code.

E.

Within thirty (30) days of acceptance of an application for a mining operation for surface mining operations and/or a reclamation plan as complete, the planning department shall notify the State Department of Conservation of the filing of the application(s). Whenever mining operations are proposed in the one hundred (100) year flood plain of any stream, as shown in Zone A of the Flood Insurance Rate Maps issued by the Federal Emergency Management Agency, and within one mile, upstream or downstream, of any state highway bridge, the planning department shall also notify the State Department of Transportation that the application has been received.

F.

The planning department shall process the application(s) through the environmental review process pursuant to the California Environmental Quality Act (Public Resources Code Sections 2100 et seq.) and the county's environmental review guidelines.

G.

Subsequent to the appropriate environmental review, the planning department shall prepare a staff report with recommendations for consideration by the planning commission.

H.

The planning commission shall hold at least one noticed public hearing on the mining permit and/or reclamation plan.

I.

Prior to final approval of a reclamation plan, financial assurances (as provided in this division), or any amendments to the reclamation plan or existing financial assurances, the planning department shall certify to the State Department of Conservation that the reclamation plan and/or financial assurance complies with the applicable requirements of state law, and submit the plan, assurance, or amendments to the State Department of Conservation for review. The planning commission may conceptually approve the reclamation plan and financial assurance before submittal to the State Department of Conservation. If a mining permit is being processed concurrently with the reclamation plan, the planning commission may simultaneously also conceptually approve the mining permit. However, the planning commission may defer action on the mining permit until taking final action on the reclamation plan and financial assurances. If necessary to comply with permit processing deadlines, the planning commission may conditionally approve the mining permit with the condition that the planning department shall not issue the mining permit for the mining conditions until cost estimates for financial assurances have been reviewed by the State Department of Conservation and final action has been taken on the reclamation plan and financial assurances.

Pursuant to PRC Section 2774(d), the State Department of Conservation shall be given thirty (30) days to review and comment on the reclamation plan and forty-five (45) days to review and comment on the financial assurance. The planning department shall evaluate written comments received, if any, from the State Department of Conservation during the comments periods. Staff shall prepare a written response describing the disposition of the major issues raised by the state for the planning commission's approval. In particular, when the planning commission's position is at variance with the recommendations and objections raised in the state's comments, the written response shall address, in detail, why specific comments and suggestions were not accepted. Copies of any written comments received and responses prepared by the planning department shall be promptly forwarded to the operator/applicant.

J.

The planning commission shall then take action to approve, conditionally approve, or deny the mining permit reclamation plan, and to approve the financial assurances pursuant to PRC Section 2770(d).

K.

The planning department shall forward a copy of each approved mining permit for mining operations and/or approved reclamation plan, and a copy of the approved financial assurances to the State Department of Conservation. By July of each year, the planning department shall submit to the State Department of Conservation for each active or idle mining operation a copy of the site approval or reclamation plan amendments, as applicable.

L.

The manner of setting hearings, conducting investigations, giving notices and conducting hearings shall be prescribed under this title.

M.

After the matter has been heard and considered, the planning commission may do any or all of the following:

1.

Approve, approve subject to conditions, or disapprove any application for permit which it has considered;

2.

Approve, approve subject to conditions, or disapprove any reclamation plan which it has considered;

3.

Approve, approve subject to conditions, or disapprove any proposed amendment to an approved reclamation plan or any proposed amendment of other terms and conditions of a permit or reclamation plan;

4.

Determine if the posting of security is necessary to guarantee reclamation in accordance with any approved reclamation plan or amended reclamation plan and fix the amount of security.

(Ord. 1415 § 310, 2006)

92002.01 - Standards for reclamation.

A.

All reclamation plans shall comply with the provisions of SMARA (Sections 2772 and 2773) and state regulations (CCR Sections 3500 through 3505). Reclamation plans approved after January 15, 1993, reclamation plans for proposed new mining operations, and any substantial amendments to previously approved reclamation plans, shall also comply with the requirements for reclamation performance standards (CCR Sections 3700 through 3713).

B.

The county may impose additional performance standards as developed either in review of individual projects, as warranted, or through the formulation and adoption of countywide performance standards.

C.

Reclamation activities shall be initiated at the earliest possible time on those portions of the mined lands that will not be subject to further disturbance. Interim reclamation plans may also be required for mined lands that have been disturbed and that may be disturbed again in future operations. Reclamation may be done on an annual basis, in stages compatible with continuing operations, or on completion of all excavation, removal, or fill, as approved by the county. Each phase of reclamation shall be specifically described in the reclamation plan and shall include: (1) the beginning and expected ending dates for each phrase; (2) all reclamation

activities required; (3) criteria for measuring completion of specific reclamation activities; and (4) estimated costs for completion of each phase of reclamation.

(Ord. 1415 § 312, 2006; prior code § 92002.01)

The person submitting the reclamation plan shall sign a statement accepting responsibility for reclaiming the mined lands in accordance with the reclamation plan. Said statement shall be kept by the planning department in the mining operator's permanent record. Upon sale or transfer of the operation, the new operator shall submit a signed statement of responsibility to the planning department for placement in the permanent record.

(Ord. 1415 § 314, 2006)

92002.03 - Findings for approval.

A.

Site Approvals. In addition to any findings required by Title 9, site approvals for surface mining operations shall include a finding that the project complies with the provisions of SMARA and state regulations.

B.

Reclamation Plans. For reclamation plans, the following findings shall be required:

1.

That the reclamation plan complies with SMARA Sections 2772 and 2773, and any other applicable provisions;

2.

That the reclamation plan complies with applicable requirements of state regulations (CCR Sections 3500— 3505 and Sections 3700—3713);

3.

That the reclamation plan and potential use of reclaimed land pursuant to the plan are consistent with this chapter and the county's general plan and any applicable resource plan or element;

4.

That the reclamation plan has been reviewed pursuant to CEQA and the county's environmental review guidelines, and all significant adverse impacts from reclamation of the surface mining operations are mitigated to the maximum extent feasible;

5.

That the land and/or resources such as water bodies to be reclaimed will be restored to a condition that is compatible with, and blends in with, the surrounding natural environment, topography, and other resources,

or that suitable off-site development will compensate for related disturbance to resource values;

6.

That the reclamation plan will restore the mined lands to a usable condition which is readily adaptable for alternative land uses consistent with the general plan and applicable resource plan.

7.

That a written response to the State Department of Conservation has been prepared, describing the disposition of major issues raised by that department. Where the county's position is at variance with the recommendations and objections raised by the State Department of Conservation, the response shall address, in detail, why specific comments and suggestions were not accepted.

(Prior code § 92002.03)

A.

To ensure that reclamation will proceed in accordance with the approved reclamation plan, the county shall require as a condition of approval security, which will be released upon satisfactory performance. The applicant may pose security in the form of a surety bond, trust fund, irrevocable letter of credit from an accredited financial institution, or other method acceptable to the county and the State Mining and Geology Board as specified in state regulations, and which the county reasonably determines are adequate to perform reclamation in accordance with the surface site approval's approved reclamation plan. Financial assurances shall be made payable to the county of Imperial, the State Department of Conservation, and the Bureau of Land Management when applicable.

B.

Financial assurances will be required to ensure compliance with elements of the reclamation plan, including but not limited to, re-vegetation and landscaping requirements, restoration of aquatic or wildlife habitat, restoration of water bodies and water quality, slope stability and erosion and drainage control, disposal of hazardous materials, and other measures if necessary.

C.

Cost estimates for the financial assurance shall be submitted to the planning department for review and approval prior to the operator securing financial assurances. The planning department shall forward a copy of the cost estimates, together with any documentation received supporting the amount of the cost estimates, to the State Department of Conservation for review. If the State Department of Conservation does not comment within forty-five (45) days of receipt of these estimates, it shall be assumed that the cost estimates are adequate. The planning director shall have the discretion to approve the financial assurance if it meets the requirements of this chapter, SMARA, and state regulations.

D.

The amount of the financial assurance shall be based upon the estimated costs of reclamation for the years or phases stipulated in the approved reclamation plan, including any maintenance of reclaimed areas as may

be required, subject to adjustment for the actual amount required to reclaim lands disturbed by surface mining activities since January 1, 1976, and new lands to be disturbed by surface mining activities in the upcoming year. Cost estimates should be prepared by a California registered professional engineer and/or other similarly licensed and qualified professionals retained by the operator and approved by the planning director. The estimated amount of the financial assurance shall be based on an analysis of physical activities necessary to implement the approved reclamation plan, the unit costs for each of these activities, the number of units of each of these activities, and the actual administrative costs. Financial assurances to ensure compliance with re-vegetation, restoration of water bodies, restoration of aquatic or wildlife habitat, and any other applicable element of the approved reclamation plan shall be based upon cost estimates that include but may not be limited to labor, equipment, materials, mobilization of equipment, administration, and reasonable profit by a commercial operator other than the permittee. A contingency factor of ten percent (10%) shall be added to the cost of financial assurances.

E.

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 county or State Department of Conservation may need to contract with a third-party commercial company for reclamation of the site.

F.

The financial assurances shall remain in effect for the duration of the surface mining operation and any additional period until reclamation is completed (including any maintenance required).

G.

The amount of financial assurances 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. The financial assurances shall include estimates to cover reclamation for existing conditions and anticipated activities during the upcoming year, excepting that the permittee may not claim credit for reclamation scheduled for completion during the coming year.

H.

Revisions to financial assurances shall be submitted to the planning department each year no later than February 1st for approval of the financial assurances. The financial assurance shall cover the cost of existing disturbance and anticipated activities for the next calendar year, including any required interim reclamation. If revisions to the financial assurances are not required, the operator shall explain, in writing, why revisions are not required, for the exception of the cost-of-living index.

(Ord. 1415 § 316, 2006)

92002.05 - Interim management plans.

A.

Within ninety (90) days of a surface mining operation becoming idle, the operator shall submit to the planning department a proposed interim management plan (IMP). The proposed IMP shall fully comply with the requirements of SMARA, including but not limited to all site approval 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 department, and shall be processed as an amendment to the reclamation plan. IMP's shall not be considered a project for the purposes of environmental review.

Financial assurances for idle operations shall be maintained as though the operations were active, or as otherwise approved through the idle mine's IMP. Upon receipt of a complete proposed IMP, the planning department 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 thirty (30) days prior to approval by the planning department.

Within sixty (60) days of receipt of the proposed IMP, or a longer period mutually agreed upon by the planning director and the operator, the planning department shall review and approve or deny the IMP in accordance with this chapter. The operator shall have thirty (30) days, or a longer period mutually agreed upon by the operator and the planning director, to submit a revised IMP. The planning department shall approve or deny the revised IMP within sixty (60) days of receipt. If the planning department denies the revised IMP, the operator may appeal that action to the planning commission.

B.

The IMP may remain in effect for a period not to exceed five years, at which time the planning department 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.

(Ord. 1415 § 318, 2006)

92002.06 - Annual report requirements.

Surface mining operators shall forward an annual surface mining report to the State Department of Conservation and to the county planning department on a date established by the State Department of Conservation, upon forms furnished by the State Mining and Geology Board. New mining operations shall file an initial surface mining report and any applicable filing fees with the State Department of Conservation within thirty (30) days of permit approval, or before commencement of operations, whichever is sooner. Any applicable fees, together with a copy of the annual inspection report, shall be forwarded to the State Department of Conservation at the time of filing the annual surface mining report.

(Prior code § 92002.06)

The planning department shall arrange for inspection of a surface mining operation within six months of receipt of the annual report required in Section 92002.06, to determine whether the surface mining operation is in compliance with the approved site approval and/or reclamation plan, approved financial assurances, and state regulations. In no event shall less than one inspection be conducted in any calendar year. The inspections may be made 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 twelve (12) months, or other qualified specialists, as selected by the planning director. All inspections shall be conducted using a form approved and provided by the State Mining and Geology Board.

The planning department shall notify the State Department of Conservation within thirty (30) days of completion of the inspection that said inspection has been conducted, and shall forward a copy of said inspection notice and any supporting documentation to the mining operator. The operator shall be solely responsible for the reasonable cost of such inspection.

(Prior code § 92002.07)

If the planning department, 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 chapter, the applicable site approval, any required permit and/or the reclamation plan, the county shall follow the procedures set forth in Public Resources Code, Sections 2774.1 and 2774.2 concerning violations and penalties, as well as those provisions of the county for revocation and/or abandonment of a site approval which are not pre-empted by SMARA.

Where a mining operation has commenced prior to approval of a mining permit and/or prior to the approval of a reclamation plan, a penalty shall be assessed against the owner and/or operator as follows:

A.

An immediate penalty of one thousand dollars ($1,000.00) plus doubling of all processing fees;

B.

A penalty of five thousand dollars ($5,000.00)/day for each day the operation continues after having been ordered to close;

C.

A penalty of fifty thousand dollars ($50,000.00) against any owner/operator that fails to comply with a second notice to cease. This shall be in addition to the five thousand dollars ($5,000.00)/day under subsection B of this section.

(Prior code § 92002.08)

Any person aggrieved by an act or determination of the planning department in the exercise of the authority granted herein, shall have the right to appeal to the planning commission or the board of supervisors, whichever is the next higher authority. An appeal shall be filed on forms provided, within ten (10) calendar days after the decision or action of the department.

(Prior code § 92002.09)

The county shall establish such fees as it deems necessary to cover the reasonable costs incurred in implementing this chapter and the state regulations, including but not limited to, processing of applications, annual reports, inspections, monitoring, enforcement and compliance. Such fees shall be paid by the operator, as required by the county, at the time of filing of the site approval application, reclamation plan application, and at such other times as are determined by the county to be appropriate in order to ensure that all reasonable costs of implementing this chapter are borne by the mining operator.

(Prior code § 92002.10)

Mine development is encouraged in compatible areas before encroachment of conflicting uses. Mineral resource areas that have been classified by the State Department of Conservation's Division of Mines and Geology or designated by the State Mining and Geology Board, as well as existing surface mining operations that remain in compliance with the provisions of this chapter, shall be protected from intrusion by incompatible land uses that may impede or preclude mineral extraction or processing, to the extent possible for consistency with the county's general plan.

In accordance with PRC Section 2762, the county's general plan and resource maps will be updated to reflect mineral information (classification and/or designation reports) within twelve (12) months of receipt from the State Mining and Geology Board of such information. Land use designations within the county will be guided by information provided on the location of identified mineral resources of regional significance. Conservation and potential development of identified mineral resource areas will be considered and encouraged. Recordation on property titles of the presence of important mineral resources within the identified mineral resource areas may be encouraged as a condition of approval of any development project in the impacted area. Prior to approving a use that would otherwise be incompatible with mineral resource protection, conditions of approval may be applied to encroaching development projects to minimize potential conflicts.

(Prior code § 92002.11)

If any section, subsection, sentence, clause or phrase of this chapter is for any reason held to be invalid or unconstitutional by the decision of a court of competent jurisdiction, it shall not affect the remaining portions of this chapter.

(Prior code § 92002.12)

Division 21 - WATER WELL REGULATIONS Chapter 1 - GENERAL PROVISIONS

Imperial County is an arid region located in the southeastern portion of the state of California and the preservation and protection of the county's groundwater resources are extremely critical. The board of supervisors hereby finds and declares that the preservation, protection and management of the groundwater within the county for the protection of domestic, commercial, agricultural, industrial, municipal, wildlife habitat, and other uses is in the public interest, that protection is necessary to ensure availability of

groundwater reasonably required to meet the present and future beneficial needs of the county, and that the adoption of a system of regulation of groundwater is for the common benefit of all county water users. The board of supervisors has, therefore, determined to regulate the use, consumption and development of groundwater on a county-wide basis. Further, it is the intent of the board of supervisors to protect the health, safety, and general welfare of the people of Imperial County by insuring that the groundwater of this county will not be polluted or contaminated. To this end, minimum requirements have been prescribed in this division for the construction, reconstruction, repair, replacement, re-perforation, reactivation, operation, and destruction of a well or wells.

(Ord. 1415 § 320, 2006)

92101.01 - Definitions.

As used in this division:

"Cathodic protection well" means any artificial excavation constructed by any method for the purpose of installing equipment or facilities for the electrical protection of metallic equipment in contact with the ground.

"Commercial well (large)" means a water well used to supply more than one commercial establishment, or utilizing more than ten (10) AF/Y.

"Commercial well (small)" means a water well used to supply a single commercial establishment, consuming less than ten (10) acre feet per year ("AF/Y") of groundwater.

"Community water supply well" means a water well used to supply water for domestic, commercial industrial purposes in systems subject to Chapter 7 of Part I of Division 5 of the California Health and Safety Code (Section 4010 et seq.), i.e., more than five service connections.

"Construct, reconstruct, (construction, reconstruction)" means to dig, drive, bore, drill, or deepen a well, or to re-perforate, remove, replace, or extend a well casing.

"Contamination" means an impairment of the quality of water to a degree that creates a hazard to the public health through poisoning or spread of disease.

"Deep anode bed well" means any cathodic protection well more than fifty (50) feet.

"Destruction" means a proper filling and sealing of a well no longer useful so as to assure that groundwater is protected and to eliminate a potential physical hazard.

"Electrical grounding well" means any artificial excavation in excess of twenty (20) feet constructed by any method for the purpose of establishing an electrical ground.

"Enforcement agency" means an agency designated by the board of supervisors to administer and enforce this division. For the purpose of this division it shall be the planning and development services department.

"Individual domestic well" means a water well used to supply water for domestic needs of an individual residential, utilizing less than ten (10) AF/Y.

"Modification, repair, or reconstruction" means the deepening of a well, the re-perforation, or replacement of a well casing and all well repairs and modifications that can affect groundwater quality.

"Observation well" means a well used for monitoring or sampling the conditions of a water-bearing aquifer, such as water pressure, depth, movement or quality.

"Permit" means a building permit issued by the county of Imperial planning and development services department, permitting the construction, reconstruction, destruction, or abandonment of a well.

"Person" means any person, firm, corporation, or governmental agency, to the extent authorized by law.

"Planning director" means the planning director of Imperial County or his or her designee.

"Pollution" means an alteration of the quality of water to a degree which unreasonably affects: (1) such waters for beneficial uses; or (2) facilities which serve such beneficial uses. Pollution may contain contamination.

"Potable" means water generally intended for human consumption and/or meeting safe drinking water standards by state or federal regulations.

"Public nuisance" when applied to a well, means any well which threatens to impair the quality of groundwater or otherwise jeopardize the health and safety of the public.

"Shallow anode bed well" means any cathodic protection well more than twenty (20) feet deep, but less than fifty (50) feet deep.

"Test or exploratory well" means an excavation used for determining the nature of underground geological or hydrological conditions, whether by seismic safety, direct observation or any other means.

"Well" means an artificial excavation constructed by any method for the purpose of extracting water from or injecting water underground, or providing cathodic protection or electrical grounding of equipment, for making tests for observation of underground conditions, or for any other similar purposes. Wells shall include, but shall not be limited to, community water supply wells, individual domestic water wells, commercial wells, industrial wells, cathodic protection wells, electrical grounding wells, test or exploratory holes, observation wells and other wells whose regulation is necessary to accomplish purposes of this chapter.

Wells shall not include: (1) oil and gas wells, geothermal wells, or other wells that are constructed under the jurisdiction of the State Department of Conservation, except oil wells converted to use as water wells; or (2) wells used for the purpose of de-watering excavations during construction, or stabilizing earth embankments.

(Ord. 1415 § 322, 2006; prior code § 92101.01)

Chapter 2 - PERMITS

92102.00 - Permit(s) required.

A.

Conditional Use Permit. No person shall (1) drill a new well, (2) activate a previously drilled but unused well, (unused shall mean a well or wells that have not been used for a twelve-month period by installing pumps, motors, pressure tanks, piping, or other equipment necessary or intended to make the well operational, (3) increase the pumping capacity of a well, or (4) change the use of a well, without first obtaining a conditional use permit (CUP) through the county planning and development services department.

The pumping capacity shall mean the "permitted amount" or in the absence of a permit the annual acreage, over three-year period.

Notwithstanding the above, a CUP is not required prior to drilling the following types of wells.

1.

A test/monitoring/research well where no continued water use will result. Upon completion of the tests, the well shall be sealed/abandoned in compliance with the most current edition of State Water Resources Control Board Bulletin #74-81;

2.

Any new well which will replace an existing inoperable well, provided that the inoperable well is serving an existing water user and is already properly permitted through the CUP process and provided the replacement well shall be the same or smaller size, diameter, and capacity as measured by gallons per minute ("GMP") as the inoperable well. In an emergency and even if the inoperable well was not permitted, the director may approve replacing a well provided that the replacement well meets the requirements for the last approved CUP and does not exceed one acre feet per year.

3.

A well that is drilled by or for the Department of Fish and Wildlife provided; however, that they shall register each such well with the planning and development services department.

B.

Well Construction Permit. No person shall dig, bore, drill, deepen, enlarge, refurbish, or destroy a water well, cathodic protection well, observation well, monitoring wells or any other excavation that may intersects ground water without first obtaining a well construction permit through the planning and development services department. As a prerequisite to applying for a water well construction permit, the planning and development services department shall first determine whether a conditional use permit is required.

(Ord. 1415 § 324, 2006)

(Ord. No. 1587, §§ 2, 3, 12-5-23)

92102.01 - Application procedures.

A.

Project Information. The application for both a CUP and/or a construction permit shall be made to the planning and development services department on the forms approved or provided by the department and shall, at a minimum, contain the following information:

1.

Site plan drawn to scale:

a.

Location of well on property,

b.

Size of property (all dimensions),

c.

Distance from well to all property lines,

d.

Distance from well to all septic/leach fields,

e.

Distance from well to all structures,

f.

All intermittent or perennial natural or artificial bodies of water or water sources,

g.

The approximate drainage pattern of the property,

h.

Other wells,

i.

Structures—Surface or subsurface;

2.

Location of property, Assessor's Parcel Number;

3.

Name of person who will construct the well;

4.

The proposed minimum and proposed maximum depth of well;

5.

The proposed minimum depth and type of casings and maximum depths of perforation to be used:

a.

Pump type,

b.

Size (diameter/horsepower),

c.

Gpm capacity,

d.

Water pressure;

6.

The proposed use of well;

7.

Other information as may as necessary to determine if groundwater will be adequately protected.

B.

Filing Fee(s). A filing fee shall be paid by the applicant. Said fee shall be as set forth in the Codified Ordinances of the county of Imperial. No filing or permit fee shall be required to abandon or destroy a well.

C.

Emergency Work. In an emergency in order to maintain drinking water or agricultural supply systems as determined by the planning director, the following procedures shall apply:

1.

Permittee shall notify the planning and development services department that an emergency exists that necessitates the immediate repair or replacement of a well or associated water system. Permittee shall provide all pertinent information as to why it is an emergency.

2.

Permittee shall within seventy-two (72) hours apply for and obtain all required permits.

3.

Permittee will demonstrate by providing logs or other reports that all work performed was in conformance with all regulations and standards as designated herein, and will further report or correct any part of the system that does not comply with this division, other applicable laws or codes.

(Ord. 1415 § 326, 2006)

92102.02 - Permit conditions.

A.

Limitation. When the enforcement agency issues or otherwise approves a conditional use permit or well construction permit, pursuant to this division, it may condition the permit in any manner necessary to carry out the purposes of this division.

B.

CEQA Review. The processing of a conditional use permit and/or a well construction permit shall be in compliance with the California Environmental Quality Act (CEQA) and Imperial County's rules and regulations to implement CEQA, as amended.

C.

Performance Bond. The enforcement agency may require such bond or other security as determined necessary to assure compliance with this division.

D.

License Required. All construction, reconstruction or destruction work on wells shall be by a person/firm who possesses an active California Contractor's license in accordance with Business and Professions Code, Section 7000 et seq.

E.

Disposal of Drilling Fluids/Materials. The well driller shall be required to provide for the safe and appropriate handling and disposal of all drilling fluids or other drilling materials associated with the permitted project.

F.

Abandoned Wells. As a condition to any approval for a permit for the construction or reconstruction of a well, any abandoned well(s) on the property shall be destroyed in accordance with the standards provided in this division.

G.

Posting of Permit. It shall be the responsibility of the well driller to maintain a copy of the approved permit on the drilling site during all stages of construction or destruction of a well and have then available for general inspection.

H.

Provide Copies. It shall be the responsibility of the well driller to maintain and provide copies to the planning and development services department, public works department and environmental health department of all drilling logs, testing reports and/or abandonment logs.

(Ord. 1415 § 328, 2006; prior code § 92102.02)

The enforcement agency shall deny any application for a permit if, in its judgment, issuance of a permit is not in the public interest, violates health and safety concerns, or in compliance with the intent of this division.

(Prior code § 92102.03)

The permittee shall commence work authorized by the permit within one hundred eighty (180) days from the effective date of issue and shall complete the work within one year from date issued. The enforcement agency may grant a one-time extension for a period of up to one year if requested in writing by applicant at least sixty (60) days prior to the expiration of the permit.

All permits that have not received a final inspection approval from the enforcement agency within one year from date of issue shall expire unless an extension is granted by the planning and development services department. If a permit has expired, no further work shall be done until a new permit is requested, approved, and issued to applicant.

(Ord. 1415 § 330, 2006)

A.

Circumstances for such action. Enforcement agency may suspend or revoke any permit issued pursuant to this division, whenever it finds that the permittee has violated any of the provisions of this division, or has misrepresented any material fact in his or her application or any supporting documents for such a permit. Prior to ordering any such suspension or revocation, the enforcement agency shall give permittee an opportunity for a hearing thereon, after reasonable notice. The hearing shall be before the enforcement agency, the director, or his or her designated representative.

B.

Consequences. No person whose permit has been suspended or revoke shall continue to perform the work for which the permit was granted until, in case of suspension, such permit has been reinstated by the enforcement agency.

C.

Additional Work. Upon suspending or revoking any permit, the enforcement agency may order permittee to perform any work reasonably necessary to protect the ground water from pollution or contamination, if any work already done by permittee has left a well in such a condition as to constitute a hazard to the quality of the ground water. No permittee or person who has obtained a permit issued pursuant to this division shall fail to comply with such order.

(Prior code § 92102.05)