Solano County Municipal Code Art. III Review and Enforcement

29-32 Enforcement and penalties

(a) If, after conducting the inspections required by Section 29-30, other inspections that may be undertaken, or upon the receipt of a verified complaint by an interested person, the director of resource management finds that the mining operation is not in substantial compliance with this chapter, the surface mining permit issued, the reclamation plan, or the provisions of SMARA, the operator and owner shall each be sent a notice of violation, and given a reasonable time to substantially comply, not to exceed thirty (30) days.

(b) If a violation continues beyond thirty (30) days after the date of issuance of the notice of violation, the director of resource management may issue an order by personal service or certified mail requesting compliance or, if the operator does not have an approved reclamation plan, to cease all further mining activities.

(c) The permittee may appeal the determination of the director to the planning commission within ten (10) days of receipt of the initial notice of violation. If not appealed, the decision of the director shall be final. The decision of the planning commission may be appealed within ten (10) days to the board of supervisors.

(d) Any operator who fails to comply with an order issued by the director after the order’s effective date, or who fails to submit a report to the Director of the Department of Conservation or the county as required by Public Resources Code Section 2207, shall be subject to an order by the director of resource management imposing an administrative penalty of not more than five thousand dollars ($5,000.00) per day, assessed from the original date of the director’s notice of violation or noncompliance with Public Resources Code Section 2207. County and Department of Conservation penalties shall not exceed five thousand dollars ($5,000.00) per day by each agency.

(e) In determining the amount of the administrative penalty, the director shall take into consideration the nature, circumstances, extent, and gravity of the violation or violations, any prior history of violations, the degree of culpability, economic savings, if any, resulting from the violation, and any other matters justice may require. An order imposing an administrative penalty shall become effective upon issuance and payment shall be made to the county within thirty (30) days unless the operator appeals to the board of supervisors for review of the order.

(f) If the operator appeals to the board of supervisors for review of the order imposing an administrative penalty, the operator shall be notified by certified mail when the matter has been set for public hearing. The board of supervisors may affirm, or set aside, in whole or in part, by its own order of the director imposing an administrative penalty. Any order of the board of supervisors shall become effective upon issuance thereof and shall be served by certified mail upon the operator. Payment of an administrative penalty specified in the board of supervisors’ order shall be made to the county with thirty (30) days of service of the order.

(Ord. No. 1839, §3)

29-33 Revocation or suspension of surface mining permit

Any surface mining permit granted under the provisions of this chapter shall be subject to revocation or suspension by the planning commission, for cause, shall be subject to the revocation procedures set forth in Section 28.106(J) and in the following matter:

(a) Appeal of the action by the planning commission may be made according to the provisions of Section 28.112 (zoning regulations) and board of supervisors. Where appropriate, a further appeal may be taken by the permittee to the State Mining and Geology Board.

(Ord. No. 1839, §3)

29-34 Appeal

Any person aggrieved by an act or determination of the zoning administrator or planning commission 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. Any appeal must be filed, in writing, within ten (10) days of the decision creating the grievance. Any operator who is aggrieved by an order of the board of supervisors may obtain review of the order by filing in the superior court a petition for writ of mandate within thirty (30) days following the issuance of the decision, pursuant to Public Resources Code Section 2774.2(e).

(Ord. No. 1839, §3)

29-35 Severability

(a) Whenever any surface mining operation or portion of an operation subject to this chapter is sold, assigned, conveyed, exchanged, or otherwise transferred, the successor in interest shall be bound by the provisions of this chapter and shall notify the department of resource management in writing of such transfer of ownership. Any existing financial assurance shall remain in force and shall not be released until new financial assurances are secured from the new successor in interest and approved in accordance with Section 2770 of the Public Resources Code and Section 29-21.

(b) If any section, subsection, paragraph, sentence, clause or phrase of this chapter is for any reason held invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this chapter, it being expressly declared that this chapter and each section, subsection, paragraph, sentence, clause and phrase thereof would have been adopted, irrespective of the fact that one (1) or more other section, subsection, paragraph, sentence, clause or phrase be declared invalid or unconstitutional.

(Ord. No. 1839, §3)