Article VI — Transition Provisions

• (A) Notwithstanding SCCC § 13.10.260, within 10 years after January 1, 1976, each operator of an existing mining operation shall submit an application for and obtain approval of a certificate of compliance with the County mining ordinance. Each application for a certificate of compliance shall conform with all provisions of this chapter pertaining to mining approvals and mining approval amendments except as modified below.

• (B) At the time of the hearing of an application for a certificate of compliance, the Planning Commission shall impose such conditions as are deemed necessary in each instance to bring the existing mining operation into full compliance with all applicable permits and approvals and terms of this chapter including establishment of a time limit for compliance. However, no new requirement, modified condition or new condition shall be imposed which is unreasonable as applied to conditions which have resulted from operations conducted prior to the effective date of Ordinance No. 1749 (September 1, 1972). No requirements or conditions necessary to respond to a threat to public health or safety, a significant injurious threat to the environment, or a nuisance shall be considered unreasonable.

• (C) Procedures for processing a certificate of compliance shall be the same as for a mining approval, except that an application for a certificate of compliance:

  • (1) Shall not be deemed an application for rezoning under SCCC § 18.40.055; and

  • (2) Shall not constitute a waiver of any existing vested right under an existing use permit, except to the extent that such right has been specifically and validly modified pursuant to subsection (B) of this section.

• (D) Compliance with this section is hereby made a condition of all existing use permits. Failure to apply for and obtain a certificate of compliance thereunder shall be grounds for revocation of the use permit pursuant to SCCC § 18.10.136.

• (Ord. 4421 § 1, 1996)

Except as provided in this chapter, any application for a reclamation plan approval only shall contain the following information and documentation regarding the proposed reclamation of the mining site and shall be prepared and completed in compliance with the reclamation standards of this chapter and in accordance with a guideline form supplied by the Planning Director:

• (A) All information and documentation as required under SCCC § 16.54.040(A)(1), (2), (3) and (7).

• (B) All information and documentation as required under SCCC § 16.54.040(C)(1), (2), (4) and (7).

(C) All information and documentation as required under SCCC § 16.54.040(D). (Ord. 4421 § 1, 1996)

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County of Santa Cruz, CA

ENVIRONMENTAL AND RESOURCE PROTECTION

16.54.102

16.54.102

Any enforcement action which may be brought against an operator or owner who has received approval of financial assurances for reclamation prior to January 1, 1991, or a person who has filed an appeal to the State Board or to the County Board of Supervisors shall be held in abeyance pending review of existing financial assurances or the resolution of the pending appeal to the State Board or County Board of Supervisors.

(Ord. 4421 § 1, 1996)

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County of Santa Cruz, CA 16.55.010

ENVIRONMENTAL AND RESOURCE PROTECTION

16.55.010