Chapter 17.130 — RECLAMATION OF MINES EXEMPT FROM THE SURFACE MINING AND RECLAMATION ACT

The city finds that there are mining pits within its jurisdiction which are exempt from the requirements provided for in the California's Surface Mining and Reclamation Act of 1975 (Public Resources Code Sections 2710 et seq.), as amended, hereinafter referred to as "SMARA." Any mining pits within the city jurisdiction which are exempt from the requirements provided for in SMARA, hereinafter shall be referred to as "Non-SMARA Pits".

The intent of this chapter is to regulate the reclamation of Non-SMARA Pits in order to protect against the risks to public health, safety and welfare associated with reclamation operations.

(Ord. No. 756, § 5, 5-26-21)

The provisions of this chapter shall apply to reclamation of all mining pits within the city's jurisdiction which are exempt from the requirements of SMARA, including, but not limited to:

1.

Mining pits which had mining operations conducted prior to January 1, 1976, and which are required to have, or requested to have, additional reclamation;

2.

Mining pits excavated pursuant to SMARA, but not reclaimed, and which are required to have, or requested to have, additional reclamation; or

3.

Mining pits excavated and reclaimed pursuant to SMARA which are required to have, or requested to have, additional reclamation.

The foregoing list is not, and shall not be interpreted to be, exhaustive of all such situations in which these provisions shall be applicable. "Reclamation" shall be defined as the combined process by which adverse environmental effects of surface mining are minimized and mined lands are returned to a beneficial end use.

(Ord. No. 756, § 5, 5-26-21)

The reclamation of Non-SMARA Pits is allowed only upon approval by the city of a development agreement, with appropriate standards and public benefits to be negotiated with the city and complying with all other standards imposed by this chapter.

(Ord. No. 756, § 5, 5-26-21)