Skip to main content
Loading…
This section is included in your selections.

61.1 SOLID WASTE DISPOSAL

61.1.1 Purpose. The purpose of these regulations is to ensure that proposed solid waste disposal projects shall be sited and developed to avoid or minimize harmful effects to human health, natural resources and scenic resources. (Former Section CZ#A314-34(A))

61.1.2 Applicability. These regulations shall apply in all zones in which the Solid Waste use type is permitted, including but not limited to proposed expansions at existing solid waste disposal sites, and to proposed new project sites. (Former Section CZ#A314-34(B))

61.1.3 Supplemental Application Materials. In addition to materials required pursuant to the Permit Procedures in Chapter 2 of this Code, applications for solid waste disposal projects shall include a solid waste disposal plan, which shall include: (Former Section CZ#A314-34(C))

61.1.3.1Estimates of the quantity of waste to be disposed of and the area and volume required for disposal, on an annual basis, including five (5) and ten (10) year projections; (Former Section CZ#A314-34(C)(1))

61.1.3.2Description of toxicity and harmful effects on people, plants, and animals of material to be disposed of; (Former Section CZ#A314-34(C)(2))

61.1.3.3Site alternatives and description of impacts associated with each, a list of possible future uses for each of the sites considered, and a list of uses which would not be possible after project completion; (Former Section CZ#A314-34(C)(3))

61.1.3.4Relationship of this disposal project to other disposal projects in the area; (Former Section CZ#A314-34(C)(4)

61.1.3.5A monitoring and mitigation program to insure the prevention of damage to soil, plant and animal life, and surface and subsurface water supplies; (Former Section CZ#A314-34(C)(5))

61.1.3.6A reclamation and restoration plan, including descriptions of recontouring, revegetation, visual buffering during and after the project; and (Former Section CZ#A314-34(C)(6))

61.1.3.7Assessment of conformity with the Humboldt County Solid Waste Management Plan. (Former Section CZ#A314-34(C)(7))

61.1.4 Required Findings. Solid waste disposal projects shall be approved only if the applicable Civic Development Impact Findings in this Code are made. (Former Section CZ#A314-34(D))

61.1.5 Compliance with Applicable Laws. It should be noted that any solid waste disposal facility must, in addition to complying with these zoning regulations, comply with all applicable Federal, State and local laws related to solid waste disposal.

61.2 SURFACE MINING AND RECLAMATION

61.2.1 Purpose, Intent and Findings. This section explains why these rules are in the Humboldt County Code. If there is something in these sections that is not clear, and that needs to be interpreted, the “purposes and intent” of the Board, as explained in this section, should be used so that any interpretation follows these purposes and carries out these intentions. (Former Section CZ#A314-36(A); Amended by Ord. 2117, Sec. 2, 5/28/96)

61.2.1.1 Purpose and Intent. The purpose of this Chapter is to implement the provisions of the California Surface Mining and Reclamation Act of 1975, as most recently amended, and the California Coastal Act, as amended (see Public Resources Code Section 30000 and following) for reclamation plan, use permit, and mining permit purposes only. This Chapter shall not govern the issuance of a coastal development permit. Coastal Development Permits shall either be reviewed by the Coastal Commission for development within the Commission’s retained coastal development permit jurisdiction pursuant to the Coastal Act, or by the County or the Commission on appeal for development within the County’s coastal development permit jurisdiction pursuant to the certified Local Coastal Program standards governing the issuance of coastal development permits. The State Surface Mining law is found in the Public Resources Code, at Section 2207 and Section 2710 and following. In this ordinance this State law will be referred to as the “Act”, or as “SMARA.” The Surface Mining Regulations are found in Title 14 of California Code of Regulations, at Sections 3500 and following, and in this ordinance are referred to as the “state regulations”. As stated in the Act, and also hereby stated by this Board, it is the intent of the Board of Supervisors to: (Former Section CZ#A314-36(A); Amended by Ord. 2117, Sec. 2, 5/28/96; Amended by Ord. 2254, Sec. 1, 09/04/2001)

61.2.1.1.1protect the quality of the County’s environment; (Former Section CZ#A314-36(A); Amended by Ord. 2117, Sec. 2, 5/28/96)

61.2.1.1.2encourage the conservation and production of known or portential mineral deposits for the economic health and well-being of society; (Former Section CZ#A314-36(A); Amended by Ord. 2117, Sec. 2, 5/28/96)

61.2.1.1.3regulate surface mining operations so as to prevent or minimize adverse environmental effects of surface mining; (Former Section CZ#A314-36(A); Amended by Ord. 2117, Sec. 2, 5/28/96)

61.2.1.1.4provide for the reclamation of mined lands; and (Former Section CZ#A314-36(A); Amended by Ord. 2117, Sec. 2, 5/28/96)

61.2.1.1.5reduce or eliminate hazards to public health and safety due to surface mining operations. (Former Section CZ#A314-36(A); Amended by Ord. 2117, Sec. 2, 5/28/96)

61.2.1.2 Findings. The Board hereby finds and declares that:

61.2.1.2.1the extraction of minerals is essential to the continued economic well-being of the County and the needs of society. (Former Section CZ#A314-36(A); Amended by Ord. 2117, Sec. 2, 5/28/96)

61.2.1.2.2the rehabilitation of mined lands is necessary to prevent or minimize adverse effects on the environment and to protect the public health and safety. (Former Section CZ#A314-36(A); Amended by Ord. 2117, Sec. 2, 5/28/96)

61.2.1.2.3the reclamation of mined lands as provided in this ordinance will allow the continued mining of minerals and will provide for the protection and subsequent beneficial use of the mined and reclaimed land. (Former Section CZ#A314-36(A); Amended by Ord. 2117, Sec. 2, 5/28/96)

61.2.1.2.4that surface mining takes place in diverse areas where geologic, topographic, climatic, biological, and cultural requirements are significantly different and that reclamation operations and the specifications therefore may vary accordingly. (Former Section CZ#A314-36(A); Amended by Ord. 2117, Sec. 2, 5/28/96)

61.2.1.2.5that surface mining may take place in the coastal zone of the County only if surface mining is consistent with the Coastal Act and/or the applicable certified Local Coastal Program. (Former Section CZ#A314-36(A); Amended by Ord. 2117, Sec. 2, 5/28/96; Amended by Ord. 2254, Sec. 1, 09/04/2001)

61.2.2 Incorporation of State Law and Regulations by Reference.

61.2.2.1 Reason. This Board has determined that one of the most efficient and easiest methods to ensure that this County’s SMARA ordinance is written as required by State alw is to “incorporate by reference” the provisions of State law. This avoids the possibility that any provision of State law will be overlooked or inadvertantly misstated in this ordinance. It also avoids the need to amend this ordinance every time the State amends the State law, because those changes will, in most cases, automatically become a part of this section of the Code (however, see note below for exceptions).

NOTE: WHENEVER YOU MUST COMPLY WITH STATE OR LOCAL SMARA REGULATIONS, YOU WILL NEED TO GET A COPY OF THE STATE LAW AND REGULATIONS AND FOLLOW THOSE RULES. THIS ORDINANCE CONTAINS SOME SECTIONS IN ADDITION TO STATE LAW WHICH EXPLAIN HOW THE RULES WORK IN HUMBOLDT COUNTY. IF STATE LAW IS DIFFERENT THAN THESE LOCAL RULES, STATE LAW SHOULD BE FOLLOWED, UNLESS THE RULES IN THIS LOCAL ORDINANCE ARE MORE RESTRICTIVE ON MINING OPERATIONS, IN WHICH CASE THE STATE LAW THAT SAYS THAT THE MORE RESTRICTIVE SECTIONS OF THIS ORDINANCE MUST APPLY. (Added by Ord. 2117, Sec. 2, 5/28/96)

(Ord. 2117, Sec. 2, 5/28/1996)

61.2.2.2 Incorporation of State Law and Regulations by reference. The County of Humboldt hereby incorporates by reference, as if fully set forth herein, the State Surface Mining and Reclamtation Act of 1975, and all amendments to that Act, which are currently set forth in Public Resources Code, Section 2207 and Section 2710 and following. Further incorporated herein by reference are the State Regulations adopted by the State to implement the Act, as amended from time to time by the State.

The regulations are currently set forth in Title 14 of the California Code of Regulations at Sections 3500 and following, Section 3700 and following (“reclamation standards”), and Section 3800 and following (“financial assurances”), and are also referred to in this ordinance as the “state regulations”. (Added by Ord. 2117, Sec. 2, 5/28/96)

Further, the California Coastal Act and implementing regulations are hereby incorporated by reference, as if fully set forth herein, including but not limited to Public Resources Code Section 30000 and following. (Added by Ord. 2117, Sec. 2, 5/28/96)

Any reference in this ordinance to compliance with this “Chapter” also means compliance with all incorporated laws and regulations. Some provisions of state law are restated in this ordinance, and some are not. State law and regulations apply to mining operations, whether or not those laws and regulations are restated herein. (Ord. 2117, Sec. 2, 5/28/1996)

61.2.3 Limitations on Specified Activities.

61.2.3.1 Reasons for limitations. The following activities are regulated by both State and local laws and regulations. The following limitations restate those environmental protections contained in the former County SMARA ordinance in order to ensure the continuation of the following protections. (Ord. 2117, Sec. 2, 5/28/1996)

61.2.3.2 “Stream bed Skimming.” State law contains an exception for non-commercial excavations or grading conducted for the purposes of farming, on-site construction, or restoring land following a flood or natural disaster at Section 2714(a) of the State Act. Consistent with the County’s prior ordinance governing mining operations, such activities are excepted only to the extent that the mining operation does not exceed the one time, one acre, one thousand cubic yard exception contained in current Section 2714(d) of the Act. This section shall not apply to timber operations which are governed by Section 2714(j) of the Act. (Former Section CZ#A314-36(K); Amended by Ord. 2117, Sec. 2, 5/28/96)

61.2.3.3 Drainage, Erosion and Sediment Control. In addition to the “performance standards” set forth in Section 3706 of the Regulations, final grading and drainage shall be designed in a manner to prevent discharge of sediment above natural levels existent prior to mining operations. Note that subdivision (c) of Section 3706 of the Regulations requires compliance with Regional Water Quality Control Board or the State Water Resources Board for water discharge standards. (Former Section CZ#A314-36(F)(2)(h)(iii); Amended by Ord. 2117, Sec. 2, 5/28/96)

61.2.4 Use Permit.

61.2.4.1 Application.

61.2.4.1.1 Filing procedure. An application for a Use Permit for a mining operation shall be submitted to the County Planning Division on forms furished by that Division and shall be full and complete, containing all information required by the Act as well as any additional information requested by the Planing Division. As may be required, supplemental information shall be provided in Appendices to the application forms in the following format: (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)

61.2.4.1.1.1Appendix A = Project Description, including the date of commencement of the project, the duration of the project, and the anticipated date of completion (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)

61.2.4.1.1.2Appendix B = Property Documentation (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)

61.2.4.1.1.3Appendix C = Reclamation Plan (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)

61.2.4.1.1.4Appendix D = Environmental Assessment (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)

61.2.4.1.1.5Appendix E = Maps and Illuistrations (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)

61.2.4.1.2 Filing Fee. Each application shall be accompanied by a filing fee in an amount to be set from time to time by the Board of Supervisors. (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)

61.2.4.1.3 Acceptance. An application will not be accepted by the Planning Division as complete until the applicant sets forth the required information in sufficeint detail to the satisfaction of the Department. When the Department receives all of the information which it requires, the Department shall notify the applicant that the application is accepted as complete pursuant to this section. Acceptance of an application as complete does not constitute an indication of approval. (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)

61.2.4.1.4 Preliminary Reviews. In order to expedite processing, prior to submitting the completed application, Appendix C, the Reclamation Plan, and Appendix D, the Environmental Assessment may be submitted in draft form for preliminary review purposes. However, there is a fee for preliminary reviews, an no final decisions will be made on the application until the project has been reviewed in its complete form. (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)

61.2.4.2 Procedure for Review and Action on Applications.

61.2.4.2.1 Review. The Planning Division will review the use permit application for accuracy and completeness, and will coordinate the review with other County and public agencies. Unless for some reason it is not posible, the use permit required by this section, and the reclamation plan required by the next section shall be considered together as one application. Applicants should note that any documents required for environmental review pursuant to the Califorinia Environmental Quality Act must also be processed in a timely manner to avoid any delays in the application. Applicants should discuss with the Department any questions thay may have about the required environmental reviews. (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)

61.2.4.2.2 Public Hearing. Upon completion of the review process, a public hearing shall be held before the Planning Commission. Notice of the public hearing shall be given in accordance with Humboldt County Code. Notification shall also include, at a minimum, property owners within 300 feet of the property lines of the parcels on which mining operations will occur, and 1500 feet from the location of any processing plant. Notification shall also be provided to property owners affected by the mining operation and affected haul routes as provided by Section 2530 of Chapter 3 of the Framework Plan of the County’s General Plan. The notice shall specifically identify each issue to be considered at the hearing. The purpose of the hearing shall be to consider the applicant’s request and to approve, conditionally approve, or deny the issuance of a Use Permit. (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)

61.2.4.2.3 Approval or Denial. In addition to any findings required for a Use Permit by this County Code, the Planning Commission shall approve or approve with conditions the issuance of a use permit if the evidence presented supports the conclusions of subsections 61.2.4.2.3.1. and 61.2.4.2.3.2: (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)

61.2.4.2.3.1That the application and supporting documents adequately describe the proposed surface mining operation, and adequate measures are incorporated to mitigate the probable or known significant environmental effects which have been or may be caused by the proposed operation. (This section is intended to remind applicants of the requirements for compliance with the California Environmental Quality Act (CEQA), which complicance is required before any permits may be issued); and (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)

61.2.4.2.3.2That the proposed use and location of the surface mining operation is properly located in accordance with the General Plan and any relevant element thereof, to the community as a whole, and to other land uses in the vicinity. (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)

61.2.4.2.3.3If the Planning Commission determines that the findings of subsections 61.2.4.2.3.1 and 61.2.4.2.3.2 cannot be made, it shall so state and deny the application. (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)

61.2.4.2.4 Conditions of Approval. The Planning Commission shall, as is necessary to conform with the provisions of this ordinance, the Act and Regulations, and other applicable laws, provide that the issuance of the use permit shall be contingent upon acceptance and observance of specified reasonable conditions related to surface mining operations, including the approval of a complete and final reclamation plan and financial assurances. (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)

61.2.4.2.5 Commencement of Operations. An operator shall commence a surface mining operation not later than one (1) year, or such longer period as may be agreed to between the County and Applicant, from the date of issuance of a use permit, approval of the reclamation plan (see Section 313-61.2.5), and approval of financial assurances, whichever is later. Failure to commence diligent operations within the one (1) year period, or otherwise agreed to period, renders the use permit void. This section shall not apply to those surface mining operations which, after obtaining a use permit, comply with any relevant provisions of Section 313-61.2.7 relating to idle mines. (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)

61.2.4.2.6 Term. Mining permits shall be granted for a period of not less than three (3) years and not more than fifteen (15) years. The term of the permit is a discretionary decision which should be governed by the life expectancy of the operation, and any special circumstances releated to the operation which would make appropriate a more frequent or less frequent review of the operation shall be stated in the grant of approval. (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)

Upon written request to the Zoning Administrator, before expiration of the original permit, the permit may be reissued for a period equal to that grant of the original permit so long as the permit holder establishes to the satisfaction of the Zoning Administrator, or on appeal to the Board of Supervisors, that the use has been conducted in compliance with permit conditions. (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)

If the law or circumstances of the mining operation have changed from the time the permit was originally issued, any new conditions or requirements determined by the Zoning Administrator, or the Board of Supervisors on appeal, to be necessary for compliance with the laws, regulations or changed circumstances may be added to or modified in the reissued permit. (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)

This section does not establish any right by an operator to continue operating in any particular manner, or at all, at the end of the initial term of the permit originally issued, or any extension thereof. (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)

61.2.4.2.7 Rights of Successors. Any use permit issued for a surface mining operation shall run with the land affected thereby and conditions shall be binding upon all succcessors, heirs, and assigns of the operator. (Former Section CZ#A314-36(H)(2); Amended by Ord. 2117, Sec. 2, 5/28/96)

61.2.4.2.8 Revocation. Permits or any other grant of authority for activities undertaken pursuant to this Chapter may be revoked or suspended as any other permit, in accordance with current Chapter 2, Procedures, or any other applicable provision of the County Code. (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)

61.2.5 Reclamation Plan.

61.2.5.1 Submittal for Approval.

61.2.5.1.1 Filing Procedure. A reclaimation plan required by this Chapter shall be submitted to the County Planning Division and shall be full and complete, containing all information required by the Act as well as any additional information requested by the Planning Division. (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)

61.2.5.1.2 Filing Fee.

61.2.5.1.2.1For a reclamation plan filed as part of a use permit application, there shall be no filing fee. (The fee is already submitted as part of the use permit application, which has its fees authorized under Section 313-61.2.4) (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)

61.2.5.1.2.2All other reclamation plans filed for review and approval shall be accompanied by a filing fee in the amount to be set from time to time by the Board of Supervisors. (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)

61.2.5.1.3 Acceptance. A reclamation plan filed under the foregoing paragraphs of this section will not be accepted by the Planning Division as complete until it sets forth the required information in sufficient detail to the satisfaction of the Division. The Department shall then notify the person submitting the plan that it is accepted as complete for review pursuant to Section 313-61.2.9. Accepance of a reclamation plan does not consitute an indication of approval. (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)

61.2.5.2 Procedure.

61.2.5.2.1 Review.

61.2.5.2.1.1The Planning Division will review the reclamation plan for accuracy, adequacy, and completeness, and will coordinate the review with other County and public agencies. The Planning Division shall, in compliance with Section 2774 of the Public Resources Code, submit a copy of the proposed reclamation plan to the State Department of Conservation and any comments received from that Department shall be uincorporated into the review. (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)

61.2.5.2.1.2In accordance with Section 2774 of the Act, there shall be at least one public hearing on every reclamation plan, as well as for proposed substantial amendments to previously approved reclamation plans. The hearing on the reclamation plan may be combined with a public hearing on other aspects of the project, so long as all notices clearly specify that the reclamation plan will be one of the subjects of the hearing. Notice of the public hearing shall be given in accordance with subsection 313-61.2.4.2.2. The purpose of the hearing shall be to receive comments from interested parties, and to assure compliance with Section 2774(a) of the Public Resources Code. (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)

61.2.5.2.2 Approval or Disapproval. The Planning Commission shall approve or approve with conditions the reclamation plan if the evidence presented establishes that the reclamation plan and supporting documents meet all of the conditions and requirements of SMARA, including but not limited to Sections 2772 and 2773(a) of the Act and Section 3502 and following of the State Regulations, and any additional County requirements for reclamation. Otherwise the Commission shall deny the application. (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)

61.2.5.2.3 Conditions of Approval. The Planning Commission shall, to the extent necessary to conform with the provisions of this ordinance and with Section 2773.1 of the Public Resources Code, apply conditions to the approval of the reclamation plan. Such conditions shall include, but not be limited to: (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)

61.2.5.2.3.1The meeting or exceeding of the minimum, verifiable statewide reclamation standards which may be adopted from time to time by the State Mining and Geology Board pursuant to Section 2773(b) of the Public Resources Code, including but not limited to California Code of Regulations Section 3500 and following and Section 3700 and following, or any successor provisions thereto. (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)

61.2.5.2.3.2The entering into agreement between the Operator and the County whereby financial assurances are provided by the Operator to assure the reclamation of all mined lands in the event of default by the Operator. Such financial assurances shall be made in the form, manner and timing as is required by State law and Regulations. See, current Section 2773.1 of the Act, and Section 3800 and following of the Regulations, which provide that the financial assurances shall be made payable to the County and the Director of the Department of Conservation, and shall be limited to the following forms: (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)

61.2.5.2.3.2.1Surety bonds;

61.2.5.2.3.2.2Irrevocable letters of credit;

61.2.5.2.3.2.3Trust funds; and

61.2.5.2.3.2.4Other forms of financial assurances specified by the State Mining and Geology Board pursuant to the Public Resources Code. (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)

61.2.5.2.3.3The right of access to the mined lands by County staff and their agents, and of authorized employees of the Department of Conservation in the performance of their enforcement responsibilities, including but not limited to inspections to determine compliance with any permit, permit conditions or approved reclamation plan; and, (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)

61.2.5.2.3.4A statement that all permit conditions, reclamation plan contents and requirements and financial assurances shall run with the land and shall be legally binding on all successors, heirs, and assigns of the Operator, and the landowner, if they are different. The landowner, and the operator, if they are not the same person, shall sign a “Statement of Responsibility”, which is a required part of the reclamation plan materials, acknowledging and accepting responsibility for full implementation and perfomance of all aspects of any applicable reclamation plans. (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)

61.2.5.2.4 Amendments. Amendments to an approved reclamation plan may be submitted which detail proposed deviations. If in the judgement of the Director such amendments do not constitute a substantial change in the approved reclamation plan, such amendments may receive a summary approval by the Planning Division. If, however, in the judgement of the Director, the amendments substantially deviate from the approved reclamation plan, then the request for amendment shall be submitted and processed for approval with the same considerations as a first submittal under this subsection 61.2.5.2, and the preceeding subsection 61.2.5.1. Any party aggrieved by the decision of the Director may appeal the decision in accordance with the appeal provisions of the County Code. (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)

61.2.6 Legal Vested Mining Operations.

61.2.6.0This section is applicable to local vested rights determinations and is not applicable to vested rights determinations for purposes of Coastal Development Permit requirements. The California Coastal Commission, rather than the certified local government, shall administratively adjudicate all vested right determinations for purposes of coastal development permit requirements pursaunt to the Coastal Act and all other applicable law. (Ord. 2254, Sec. 1, 9/4/2001)

61.2.6.1 Continuance and Modification. Subject to the limitations of law, including but not limited to those expressed in this chapter and in the Act and Regulations, the operator of a legal vested surface mining operation may continue, provided that the operation does not undergo substantial alteration, expansion, or modification. (Former Section CZ#A314-36(VI)(A); Amended by Ord. 2117, Sec. 2, 5/28/96)

61.2.6.2 Special Permit Requirements. A person who has obtained a vested right to conduct surface mining operations shall submit an application for a special permit which includes a reclamation plan that was prepared in compliance with the requirements of this ordinance, and all other local, state, and federal laws and regulations, to the Planning Division for review and approval. (Former Section CZ#A314-36(VI)(B); Amended by Ord. 2117, Sec. 2, 5/28/96)

The reclamation plan shall provide for the reclamation of the area disturbed by surface mining operations mined after January 1, 1976. No substantial changes shall be made in the operation during the period in which the reclamation plan is being considered for approval. (Former Section CZ#A314-36 (VI)(B); Amended by Ord. 2117, Sec. 2, 5/28/96)

61.2.6.3 All other Requirements Applicable. Only the use permit requirements of this ordinance are not applicable to vested operations. All operations, vested or otherwise, must meet all requirements for reclamation plan and financial assurances except to the extent that such plans or assurances are not required by state law or regulations. (For example, Section 2776 of the Act does not require the reclamation plan to include certain portions of the property which were impacted solely by mining operations which occurred prior to January 1, 1976.) See Section 2773.1 for the current requirements for financial assurances. (Former Section CZ#A314-36(VI)(C); Amended by Ord. 2117, Sec. 2, 5/28/96)

61.2.7 Idle Mines.

61.2.7.1 Interim Management Plan. Within 90 days of a surface mining operation becoming idle, as defined in the Act (see current Sections 2727.1 and 2770(h)), the operator shall submit to the Planning Division for review and approval an interim management plan, accompanied by any required fees. The interim management plan shall describe measures the operator will implement to maintain the site in compliance with the State Act and Regulations, with this ordinance, and with all permit conditions. Any applicable fees shall be submitted with the plan. (Former Section CZ#A314-36(VII)(A); Amended by Ord. 2117, Sec. 2, 5/28/96)

61.2.7.2 Term of the Plan. The interim management plan may remain in effect for a period not to exceed five (5) years, at which time the County shall do one of the following: (Former Section CZ#A314-36(VII)(B); Amended by Ord. 2117, Sec. 2, 5/28/96)

61.2.7.2.1Renew the interim management plan for no more than one additional period not to exceed five (5) years provided the County finds that the operator has fully complied with the interim management plan; or, (Former Section CZ#A314-36(VII)(B)(1); Amended by Ord. 2117, Sec. 2, 5/28/96)

61.2.7.2.2Require the operator to comence reclamation in accordance with the approved reclamation plan. (Former Section CZ#A314-36(VII)(B)(2) Amended by Ord. 2117, Sec. 2, 5/28/96)

61.2.7.3 Financial Assurances. Financial assurances as required by the Act, Regulations and this ordinance shall remain in effect during the period the surface mining operation is idle. (Former Section CZ#A314-36(VII)(C); Amended by Ord. 2117, Sec. 2, 5/28/96)

61.2.7.4 Interim Management Plan Approval. The receipt of an interim management plan by the Planning Division shall be considered and processed as an amendment to the approved reclamation plan. Section 2770(h) of the Act provides that the review and approval of the interim management plan is not a project for the purposes of CEQA. (Public Resources Code Section 21000 and following.) (Former Section CZ#A314-36(VII)(D); Amended by Ord. 2117, Sec. 2, 5/28/96)

61.2.7.5 Forfeiture of Use Permit. The operator of a surface mining operation which has been abandoned, as defined in State and local SMARA law and regulations, for a period exceeding one (1) year shall forfeit the use permit and commence reclamation in accordance with the approved reclamation plan. (Former Section CZ#A314-36(VII)(E); Amended by Ord. 2117, Sec. 2, 5/28/96)

61.2.8 Intermittent Operations. Intermittent operations, as defined in Section 3500 of the Regulations are subject to all of the same rules and regulations governing active operations, unless the operation meets the definition under SMARA as an “idle” operation, in which case the provisions governing idle mines apply. (Former Section CZ#A314-36(VIII); Amended by Ord. 2117, Sec. 2, 5/28/96)

61.2.9 Administration and Enforcement.

61.2.9.1 Time Limitations.

61.2.9.1.1 Use Permit and Reclamation Plan Applications. Upon receipt of an application for a Use Permit and/or a reclamation plan for a surface mining operation, the Planning Division shall notify the applicant within 30 days as to the adequacy and completeness of the application. (Former Section CZ#A314-36(IX)(A)(1); Amended by Ord. 2117, Sec. 2, 5/28/96)

61.2.9.1.2 Time for Review. The review procedure, including the holding of the pulic hearing, shall be completed within one hundred twenty (120) days of the filing of the complete reclamation plan (this time frame allows 30 days for the State agency review of the plan, 45 days for the State review of the financial assurances, and 30 days for the processing time by County staff after the State responses have been received; all reasonable efforts will be made by County staff to process projects as quickly as possible). Compliance with this requirement shall be subject to time constraints imposed by Section 2774(d) of the Public Resources Code and the California Environmental Quality Act (CEQA). A failure by the State or County to meet these deadlines shall not result in automatic approval of the plan or project. (Former Section CZ#A314-36(IX)(A)(2); Amended by Ord. 2117, Sec. 2, 5/28/96)

61.2.9.2 Simultaneous Processing. Applicants are urged to submit all required applications and supporting documents at the same time. In the event that an application for a use permit for a surface mining operation and a reclamation plan are submitted for approval pertaining to the same project, then review and processing of the reclamation plan shall occur simultaneously with that of the use permit application. Either concurrent with or prior to the issuance of a use permit, the reclamation plan shall have been approved. Submitting all required documentation for simultaneous processing may avoid multiple hearings and may reduce the time and cost of processing the applications. It should be noted that Section 2772(b) of the Act requires that “all documenation for the reclamation plan shall be submitted to the lead agency (County) at one time.” (Former Section CZ#A314-36(IX)(B); Amended by Ord. 2117, Sec. 2, 5/28/96)

61.2.9.3 Public Record. Applications, reclamation plans, interim management plans and other documents submitted in support of this Chapter are public records unless it is demonstrated to the satisfaction of the County that the release of such information, or any part thereof, would reveal reserves, production, or rates of depletion entitled to protection as proprietary information. The County shall identify such proprietary information as a separate part of the application, and such proprietary information shall be made available only to the State Geologist and to persons authorized to receive such proprietary information. Such authorization shall be presented to the County in writing by the operator. (Former Section CZ#A314-36(IX)(C); Amended by Ord. 2117, Sec. 2, 5/28/96)

61.2.9.4 Inspection and Review.

61.2.9.4.1 Operations. The Director shall cause periodic inspections to be made of each surface mining operation to assure the compliance with all permit conditions and requirements (including but not limited to those of the reclamation plan, if applicable at the time of inspection), if any, and with local and state law and regulations. The maximum interval between inspections shall be one year. (Former Section CZ#A314-36(IX)(D)(1); Amended by Ord. 2117, Sec. 2, 5/28/96)

61.2.9.4.2 Reclamation Plans. In accord with Section 2774(b) of the Public Resources Code, the Director shall cause an annual inspection of each surface mining operation to be made to determine whether the surface mining operation is in compliance with the Act, State Regulations, this ordinance and any applicable permit conditions. Such inspection shall be conducted using a form provided by the State Department of Conservation for that purpose, and shall be conducted no later than six (6) months after receiving the surface mining operation’s annual report submitted pursaunt to Section 2207 of the Public Resources Code and Paragraph 61.2.9.5. (Former Section CZ#A314-36(IX)(D)(2); Amended by Ord. 2117, Sec. 2, 5/28/96)

61.2.9.4.3 Interim Management Plan. The Director shall cause periodic inspections to be made of each idle mine with an approved interim management plan. Such inspections shall be to assure the compliance with the interim management plan and shall be in accord with Paragraph 61.2.9.4.2, if applicable. The maximum interval between inspections shall be one year. (Former Section CZ#A314-36(IX)(D)(3); Amended by Ord. 2117, Sec. 2, 5/28/96)

61.2.9.4.4 Cost of Inspections. The cost of any inspection(s) required by Paragraph 61.2.9.4.2 shall be borne by the operator. In causing the performance of these inspections, the Director may implement procedures which are consistent with good practice and which will minimize the costs of inspection. (Former Section CZ#A314-36(IX)(D)(4); Amended by Ord. 2117, Sec. 2, 5/28/96)

61.2.9.5 Annual Report. In compliance with Section 2207 of the Act, the owner, manager or other person in charge of any surface mining operation shall forward an annual report to the Director of the State Department of Conservation on forms furnished by the State Mining and Geology Board. Such annual report shall be in accord with the instructions included with the forms, and shall include all information required by the Act (see Section 2207(a)), State Regulations, and this ordinance. The designated copy shall be submitted to the County Planning Division on or before the anniversary date established by the Director of the State Department. (Former Section CZ#A314-36(IX)(E); Amended by Ord. 2117, Sec. 2, 5/28/96)

61.2.9.6 Appeals. Decisions of the Director, Zoning Administrator, or Planning Commission required by this Chapter may be appealed in the manner set forth in the Humboldt County Code. An applicant, whose request for a permit to conduct surface mining operations in an area of regional or statewide significance has been denied by County action, or any person who is aggrieved by the granting of a permit to conduct surface mining operations in an area of statewide or regional significance may, within fifteen days of exhausting his rights to appeal in accordance with this section, may appeal to the State Mining and Geology Board in accordance with the provisions of Section 2775 of the Public Resources Code. (Former Section CZ#A314-36(IX)(F); Amended by Ord. 2117, Sec. 2, 5/28/96)

61.2.9.7 Enforcement.

61.2.9.7.1 Violation-Public Nuisance. Any violation of this chapter is unlawful and is hereby deemed to be a public nuisance, and shall be abated, eliminated and enjoined as provided by the Humboldt County Code and/or any other provision of law. Any person or entity operating without legal authorization shall cease activities immediately. (Former Section CZ#A314-36(IX)(G)(1); Amended by Ord. 2117, Sec. 2, 5/28/96)

61.2.9.7.2 Violation-Noncompliance.

61.2.9.7.2.1If the Director should determine that a permitted or otherwise legally authorized operator is not in compliance with the provisions of this Chapter, the County, in conformance with Section 2774.1(a) of the Public Resources Code, shall, to the extent feasible with the resources available to the County, notify the operator of that violation by personal service or certified mail. If the violation extends beyond 30 days after the date of the County’s notification, an order shall be sent by personal service or certified mail requiring the operator to comply with this Chapter, or, if the operator does not have an approved reclamation plan or financial assurances, cease all further mining activities. See, Section 2774.1(a) of the Act. (Former Section CZ#A314-36(IX)(G)(2)(a); Amended by Ord. 2117, Sec. 2, 5/28/96)

61.2.9.7.2.2An order issued under subsection 61.2.9.7.2.1, shall not take effect until the operator has been provided a hearing before the Planning Commission concerning the alleged violation. Any order issued under subsection 61.2.9.7.2.1 shall specify which aspect of the surface mine’s activities or operations are inconsistent with this Chapter and shall specify a time for compliance, and shall set a date for the hearing, which shall not be sooner than 30 days after the date of the order. (Former Section CZ#A314-36(IX)(G)(2)(b); Amended by Ord. 2117, Sec. 2, 5/28/96)

61.2.9.7.2.3Any operator who violates or fails to comply with an order issued under Paragraph 61.2.9.7.2.1 after the order’s effective date shall be subject to an order by the County or the State Director imposing an administrative penalty of not more than five thousand dollars ($5,000) per day, assessed from the original date of noncompliance with any provision of Chapter 9 of Division 2 and/or Section 2207 of the Public Resources Code. (Former Section CZ#A314-36(IX)(G)(2)(c); Amended by Ord. 2117, Sec. 2, 5/28/96)

61.2.9.7.2.4Any operator who fails to submit a timely report to the Planning Division pursaunt to subsection 313-61.2.9.5 of this section, and Section 2207 of the Public Resources Code, shall be subject to any order issued by the County imposing an administrative penalty of not more than five thousand dollars ($5,000) per day, assessed from the original date of noncompliance with subsection 313-61.2.9.5, and/or Section 2207 of the Public Resources Code. (Former Section CZ#A314-36(IX)(G)(2)(d); Amended by Ord. 2117, Sec. 2, 5/28/96)

61.2.9.7.2.5If the State Department of Conservation notifies the Planning Division of any known or apparent violations or noncompliance with the Act in writing, and subject to the limitations in Section 2774.1 of the Public Resources Code, the County shall have primary jurisdiction and reponsibility of administering this Chapter and the State Act and Regulations. . (Former Section CZ#A314-36(IX)(G)(2)(e); Amended by Ord. 2117, Sec. 2, 5/28/96)

61.2.9.7.3Remedies under this section are in addition to, and do not supersede or limit, any and all other remedies, civil or criminal, including, but not limited to, the use permit revocation proceedings. . (Former Section CZ#A314-36(IX)(G)(3); Amended by Ord. 2117, Sec. 2, 5/28/96)

61.2.10 Mining Permit Standards. In addition to meeting the minimum acceptable surface mining and reclamation practices in the State Act and Regulations, each surface mining operation shall be designed and conducted to meet the operational standards of this Section. Conditions may be imposed on mining permits to ensure compliance with minimum acceptable practices and standards. Operators authoirzed by a permit shall be conducted only by the operator or an authorized agent. Additional standards are set forth in the Act and Regulations. See, for example, Section 3700 and following, “Reclamation Standards.” (Former Section CZ#A314-36(X); Amended by Ord. 2117, Sec. 2, 5/28/96)

61.2.10.1 Access Roads. All private encroachments leading to a surface mining operation shall be adequately surfaced to prevent aggregate or other materials from being drawn onto the public way. (Former Section CZ#A314-36(X)(A); Amended by Ord. 2117, Sec. 2, 5/28/96)

61.2.10.2 Dust Suppression. All haul roads and driveways shall be maintained as necessary to minimize the emission of dust and prevent the creation of a nuisance to adjacent properties. (Former Section CZ#A314-36(X)(B); Amended by Ord. 2117, Sec. 2, 5/28/96)

61.2.10.3 Discharge Waters. Any waters discharged from the mined lands shall meet all applicable water quality standards of the Regional Water Quality Control Board and other agencies with authority over such discharges. (Former Section CZ#A314-36(X)(C); Amended by Ord. 2117, Sec. 2, 5/28/96)

61.2.10.4 Erosion Control. Adequate measures shall be taken to assure the prevention of erosion from mined lands and adjacent properties during the life of the operation. The reclamation plan shall assure the prevention of erosion subsequent to surface mining operations. (See also, Section 313-61.2.3.) (Former Section CZ#A314-36(X)(D); Amended by Ord. 2117, Sec. 2, 5/28/96)