This section implements standards applicable to the use of property during such time as mining and reclamation are occurring at such property within the quarry zone. Upon completion of the mining and reclamation activities in accordance with the applicable reclamation plan, to the satisfaction of the city, the applicable zoning of the property will revert to the underlying zone.

For the purposes of this chapter, the definitions provided in Chapter 17.63 shall apply to this chapter.

(Ord. No. 683, § 2, 12-10-14)

A.

No person shall establish a use, or permit to be used, any portion of any real property which is classified in the Q overlay zone, or combinations thereof, without a conditional use permit authorizing the following uses, unless otherwise allowed by law:

1.

Any use first permitted in the M-2 zone, subject to all the limitations and restrictions imposed by Chapter 17.56, except as expressly provided in this chapter;

2.

Asphalt plants;

3.

Batching plants;

4.

Block, tile or specialty plants, using or processing crushed rock, sand, gravel, decomposed granite or similar material;

5.

Dumps, inert solid;

6.

Quarries;

7.

Accessory uses; provided such uses are established on the same lot or parcel of land, are incidental to, and do not substantially alter the character of any use permitted above, including, but not limited to, aggregate dryers, truck storage, equipment and supply storage, scales or weighing equipment and office and repair shop structures;

8.

Any similar use not listed in this section but determined by the planning commission to require a conditional use permit.

B.

In the event that there is a conflict with the use permit or Irwindale Municipal Code, the more stringent requirement or condition shall apply. Any authorization provided in an existing entitlement approved prior to December 31, 2014 shall apply over any inconsistent provision implemented pursuant to these ordinance updates made on November 12, 2014.

(Ord. No. 683, § 2, 12-10-14)

No person shall conduct any surface mining or reclamation activities within the city, without securing approval of a reclamation plan from the city and State Office of Mine Reclamation (OMR) pursuant to Section 17.63.040. Grading involving less than 50 cubic yards of fill material shall be exempt from the requirement to secure a reclamation plan and shall require a grading permit only.

(Ord. No. 683, § 2, 12-10-14)

All plans required by any applicable use permit or the Irwindale Municipal Code shall identify the responsible on-site management employee and other persons who have the authority and responsibility to ensure that the intent and purpose of the plans are carried out. The identified employee(s) will be responsible for coordinating with the city manager's office a response to complaints or concerns expressed by persons affected by the operations on the subject site. The operator must provide a written update to the city of the identification of such responsible on-site management employees within forty-eight hours of any change.

(Ord. No. 683, § 2, 12-10-14)

A.

Every use enumerated in Section 17.60.010 shall be constructed, operated and maintained at all times in accordance with the regulations set forth in this code, or, if such use was approved before December 31, 2014, any provision of its existing entitlements that may be in conflict with the amendment provided in this ordinance made on November 12, 2014.

B.

The operator shall fully cooperate with the city and any agency or entity with jurisdiction over either or both the subject site and uses approved thereon regarding the filing of any materials, execution of documents, instruments or similar items and all other acts, actions or undertaking deemed necessary by the city. The operator's full cooperation shall be at no cost to the city.

C.

Any and all fees required to be paid to any public agency shall be paid prior to commencing any operations at the site, unless a later payment is expressly authorized.

(Ord. No. 683, § 2, 12-10-14)

A.

The operator shall maintain the site at all times free and clear of any accumulation of trash, debris, waste, hazardous substances, combustible and/or flammable materials. This includes but is not limited to the installation of perimeter landscaping, such as berming, fencing or screening, and plant materials which is designed and maintained in such a manner so as to reduce the ability of trash, debris or other materials to exit the site.

B.

The operator shall comply with all graffiti removal and noise standards in this code or use permit, whichever is more restrictive, subject to Section 17.60.010(B).

C.

All equipment and premises utilized in conjunction with any of the uses permitted in this zone shall be consistent with the proper use of such equipment and premises, and shall be employed so as to suppress, as much as reasonably possible, noise, fumes, vibration and dust, which are, or may be, injurious or detrimental to the use and enjoyment of property located in the immediate vicinity of such usage. This includes but is not limited to the following limitations and restrictions:

1.

If mining or reclamation equipment will be operated at the edge of the site and said equipment is within five hundred feet of residential property lines, the operator shall first construct and maintain a berm to separate surrounding residential areas from the noise and activity associated with mining and reclamation operations.

2.

Construction equipment shall be equipped with manufacturer recommended mufflers or equivalent.

3.

Construction equipment shall be turned off when not in operation.

4.

Use of heavy equipment with low manufactured noise levels when necessary.

5.

The dredge used at the site shall be electrically powered.

6.

The operator shall comply with the noise and vibration management plan as incorporated into the management and security plan required pursuant to Section 17.60.35 below.

D.

No waste disposal locations or tailing ponds are permitted to remain as tailing ponds upon the site after completion of mining and reclamation.

E.

All equipment, structures, and other facilities associated with the mining operation will be dismantled and removed from the site upon completion of operations, unless part of the proposed end use. All refuse, abandoned equipment, and similar materials will likewise be removed for disposal in a manner permitted by law.

F.

The operator shall comply with the landscaping or irrigation plans as required by Section 17.60.080 and Section 5.712, Water Efficiency and Conservation of the California Green Building Standards Code or any applicable regulations pertaining to the maintenance of landscaping on the site. In the event there is plant material in an unhealthy, dead or dying condition, said material shall be replaced with similar material within the next winter to spring planting season in accordance with the approved landscape plans.

G.

All outdoor lighting shall be installed, maintained and used so as to avoid any interference with, or nuisance to, as defined in this code, adjacent properties.

H.

The operator shall maintain the site in a manner that shall avoid any determination by the city that any condition on the site constitutes a nuisance pursuant to this code.

I.

Notwithstanding any other provision of the zoning code relating to nonconforming uses, all property in the Q overlay zone shall conform to the provisions of this section immediately upon the effective date of the regulation imposed by this section.

(Ord. No. 683, § 2, 12-10-14)

A.

Within sixty days of the city's approval of the use permit, the operator shall prepare and submit a site management and security plan to the city manager. Said plan shall include, but not be limited to, the following:

1.

Procedures by which the operator shall ensure that on-site noise generation conforms, at all times, to the standards set forth in this code;

2.

Mitigation measures to minimize and/or avoid impacts identified by current acoustical studies and analysis of emergency situations where exceeding such noise and vibration standards may be required;

3.

A description of the security measures, which ensures that the general public is excluded from the site and identifies a contact person(s) who is available on a twenty-four-hour basis to respond to emergencies and unlawful access to the site.

4.

The operator shall include, as components of this plan, other requirements, studies or plans required by this chapter.

B.

The city engineer or designee shall review and comment upon the site management and security plan submitted by the operator within thirty calendar days thereafter; the operator shall have thirty days to prepare a final plan that complies with such comments.

C.

Contamination and Public Safety. The operator shall perform the following measures to reduce the risk of contamination, as well as provide for the protection of public safety:

1.

Controlled Access.

a.

Restrict site to authorized vehicles and equipment;

b.

Monitor entrances continuously for unauthorized vehicles; and

c.

Secure all gates with locks, except at entrances during business hours.

2.

Security/Protection of Public Safety. Construct and maintain in good condition, appropriate berms, walls and/or fences of a minimum of six feet high around the site in accordance with this chapter. The construction of the security fencing will be in accordance with the fencing detail included in the approved reclamation plan, use permit, or other entitlement; and

a.

Repair any damage to berms, walls and/or fences within two days of discovery or notice from the city.

3.

Daily Patrolling.

a.

Inspect security berms, walls and fences on a daily basis;

b.

Inspect site and remove any deleterious/hazardous materials in accordance with applicable law; and

c.

Maintain daily patrolling log.

D.

Traffic and Circulation. As a component of the site management and security plan, the operator shall prepare a commercial traffic management plan or incorporate such plan prepared in connection with environmental review of the site. The plan shall include, but not be limited to, identification of truck routes, identification of permitted and prohibited times of day when commercial traffic will enter or exit the site, and the methods by which such standards will be enforced by the operator. Said plan shall comply with Section 17.60.040 and include, but not limited to, the following:

1.

Adequate sight distance as determined by the city engineer at the project access roadways where they intersect with the public roadways. The minimum sight distance should be provided to meet the city and Caltrans requirements, as may be amended; and

2.

Provide adequate onsite stacking and storage capacity as determined by the city engineer for truck traffic.

(Ord. No. 683, § 2, 12-10-14)

A.

All private roads customarily utilized for hauling material or equipment shall be kept dust-free at all times and constantly maintained with surfacing as follows:

1.

All portions of access roads (leading to and from public streets) set forth below shall be paved with asphalt, concrete, emulsion or other similar non-hazardous substance, or other surfacing that is effective at preventing dust and tracking of dirt and debris, not less than three inches in thickness:

a.

All locations which are within one hundred fifty feet of any property line of a lot zoned C, R or A, except for such property which is owned by any governmental agency and is utilized for reclamation, flood control or conservation purposes; and

b.

All portions within a distance of five hundred feet from any public street providing ingress or egress.

2.

All other private roads, including pit-haul roads, shall be sprinkled, oiled or hard-surfaced, and maintained so as to minimize dust.

B.

Notwithstanding any other provision of the zoning code relating to nonconforming uses, all property in the Q overlay zone shall conform to the provisions of this section one year after the effective date of the regulation composed by this section, as amended.

(Ord. No. 683, § 2, 12-10-14)

No open pit quarry, or portion thereof, excavated after the effective date of the regulation imposed by this section, shall be maintained with any slope steeper than as provided under the Irwindale Guidelines. No slope shall be excavated or constructed, nor shall the depth of any open pit quarry or portion thereof, be altered in a manner inconsistent with the technical guidelines without prior approval of the city council pursuant to Chapter 17.63.

(Ord. No. 683, § 2, 12-10-14)

A.

The operator shall comply with the city of Irwindale Guidelines for Drainage and Erosion Control for Open-Pit Mines, as may be amended from time to time (Erosion Guidelines), including, but not limited to, the following:

1.

Providing appropriate measures approved by the city engineer to prevent surface water from flowing over the rim of the pits to avoid overtopping-induced erosion.

2.

Protecting pit slopes from incident-precipitation induced erosion.

3.

Protect pit slopes that are exposed to groundwater lakes and wave-lap erosion.

4.

Preparing detailed plans for the implementation of erosion and drainage measures, as stated in the erosion guidelines. Said plans shall be submitted to the city for review and approval by the city engineer within forty-five days from adoption of the applicable use permit.

B.

Notwithstanding any other provision of the zoning code relating to nonconforming uses, all property in the Q overlay zone, utilized in whole or in part for quarry or fill purposes, shall conform to the provisions of this section within ninety days after the effective date of this chapter.

(Ord. No. 683, § 2, 12-10-14)

A.

The operator shall develop a stormwater pollution prevention program (SWPPP) in accordance with National Pollution Discharge Elimination System (NPDES) requirements, as may be amended from time to time, and submit it to the city for review and approval by the city engineer. At a minimum, the SWPPP will identify erosion minimization and control, best management practices (BMPs) and pollution elimination/minimization BMPs, as well as stormwater runoff water quality monitoring procedures. This should be done to ensure compliance with San Gabriel Watermaster requirements, and the RWQCB requirements.

B.

The operator shall collect, on an annual basis, surface and groundwater samples from the site and collected from within the quarry. Said samples shall be tested annually in accordance with the regional water quality control board (RWQCB) and the San Gabriel Basin Watermaster (Watermaster) requirements. Results shall be submitted to the city, the watermaster and the RWQCB.

C.

The operator shall implement measures to reduce the potential for hazardous substances in fill materials or to later reclaimed areas through compliance with all RWQCB waste discharge requirements, as may be amended from time to time, and prohibit the use of the following:

1.

Hazardous, designated or liquid wastes;

2.

Toxic wastes (including, but not limited to, insecticides, poisons and radioactive materials);

3.

Asbestos or asbestos products;

4.

Asphalt products unless placed above the historic high water mark, as determined by the regional water quality control board.

(Ord. No. 683, § 2, 12-10-14)

A.

Landscaping.

1.

The operator shall submit a landscape and irrigation plan prepared by a licensed landscape architect within ninety days of the city's approval of a use permit under Section 17.60.10. The approved irrigation system shall be at all times maintained in working order. Such plan shall be subject to the review and approval of the director of community development. The plan shall show all existing landscaping to remain as well as proposed landscaping. The plans shall provide for the following:

a.

Berm contours;

b.

Storm drainage system;

c.

Species, size and location of plant material;

d.

Automatic irrigation system;

e.

Dust control;

f.

Drought-tolerant and low-water requirement vegetation; and

g.

Compliance with the Irwindale Municipal Code.

2.

The operator shall install the landscaping within one year of the city's approval of the project.

B.

Front Yards. Any lot in the Q overlay zone:

1.

Which abuts a local street (as defined in the general plan) or any property which is classified in an A, R, or C zone (except when such property is owned by any governmental agency and is utilized for reclamation, flood control or conservation purposes) shall have and maintain, as a front yard setback, an area of at least fifty feet in depth, as measured from the property line to the top of the slope;

2.

Which abuts a major arterial as defined in the general plan shall have and maintain, as a front yard setback, an area of at least one hundred feet in depth, as measured from the property line to the top of the slope;

3.

The following accessory uses may, at the discretion of the owner or occupant, be located within the front yard setback, provided such uses are shown on the approved site plan, where applicable:

a.

Passenger vehicle parking facilities; and/or

b.

Access roads; and/or

c.

Fencing; and/or

d.

Signs, subject to the limitations set forth in Section 17.60.100; and/or

e.

Landscaping maintained in compliance with any applicable codes or regulations and in compliance with any applicable landscaping and irrigation plan.

4.

One of the following accessory uses may be located in such required front yard setback areas, subject to the provisions of the erosion guidelines and approval of the city engineer:

a.

An earthen berm, not less than six feet in height, which shall be continuously maintained with the landscaping established in accordance with city standards, and an adequate irrigation system and a six-foot high chain link fencing, as required by Section 17.60.070.

C.

If compatible with surrounding public and private properties and the approval thereof is in the public interest, a six-foot high decorative block wall per the requirements of Section 17.60.035 may be substituted for the required berm and the six-foot high chain link fencing; provided, that the face of the block wall is located at the property line, separating the lot from the parkway; and, the parkway shall be continuously maintained with landscaping established in accordance with city standards (see Appendix A attached to Ordinance No. 245, codified in this chapter and on file in the office of the city clerk, and incorporated herein by this reference), and with an adequate irrigation system, except for those portions of the parkway wherein curbs or gutters or sidewalks are located.

D.

Side and Rear Yards. Any lot, which abuts any other property classified in zones A, R or C, or where the side lot line or rear lot line of such lot abuts any street, shall have and maintain side and rear yard setbacks of not less than fifty feet in depth, which shall conform to the provisions set forth in subsection B of this section.

(Ord. No. 683, § 2, 12-10-14)

A.

Rock crushing plants shall not be established or located on any property within the Q overlay zone, which is within seven hundred fifty feet of any street or of a lot line of any property zoned for C, R or A purposes; provided, that said seven hundred fifty-foot limitation shall not apply to any rock crushing plants in existence on the effective date of this section or to any subsequent improvement to such rock crushing plants; provided such improvements are not constructed nearer to any such property than such rock crushing plants are located as of the effective date of the ordinance codified in this chapter, except as expressly authorized by the applicable use permit.

B.

Such plants shall only be allowed to operate between the hours of six a.m. (6:00 a.m.) to ten p.m. (10:00 p.m.), Monday through Saturday, except in cases of public emergency, or whenever any reasonable or necessary equipment repairs are required to be made, or as allowed by use permit.

C.

Notwithstanding any other section of the zoning code, all uses in this zone shall conform to the provisions of this section immediately.

(Ord. No. 683, § 2, 12-10-14)

All signs located on any property in the Q overlay zone shall comply with the provisions of this zoning code.

(Ord. No. 683, § 2, 12-10-14)

All quarry uses conducted in the area described in Ordinance No. 4042 of the county shall operate only under permit from the county flood control district, in accordance with SMARA, in addition to the regulations set forth in this code.

A.

In addition to the following, all operations shall be conducted in compliance with the requirements of the South Coast Air Quality Management District (SCAQMD) and the conditions imposed in the use permit.

B.

The operator shall implement the following mitigation measures:

1.

Heavy-duty diesel trucks and other mobile equipment shall be properly tuned and maintained to manufacturer's specifications to ensure minimum emissions under normal operations.

2.

Vehicles hauling dirt or fill shall be covered at all times when travelling through the city as well as comply with California Highway Patrol (CHP) requirements and all applicable rules and regulations, as may be amended from time to time.

C.

The operator shall submit a dust control plan which shall include the following or similar measures that will be implemented by operator to reduce dust emissions:

1.

Apply water or chemical dust suppressants to unstabilized disturbed areas and/or unpaved roadways in sufficient quantity and frequency to maintain a stabilized surface; a minimum of three times per day on days with no precipitation.

2.

Water or water-based chemical additives shall be used in such quantities to control dust on areas with extensive traffic including unpaved surfaces.

3.

Low speed limits on unpaved roads of ten miles per hour shall be established unless otherwise required by applicable use permit. Speed limit signs shall be posted in a manner to provide full and sufficient notice to drivers of the maximum allowable speed.

4.

Water storage piles.

5.

Use of spray wash racks to wash trucks prior to leaving the site.

6.

Construct wind fencing (berms, shrubbery, constructed walls, etc.) in a manner to minimize dust emissions originating from the site. The locations of all wind fencing shall be documented and mapped.

7.

When winds exceed twenty-five miles per hour, operator shall require additional watering or cessation of operations.

8.

Operator shall use vacuum sweepers or water trucks to maintain entrance and exit areas in order to prevent debris or other material from being tracked out onto the public right of way or adjacent property.

9.

Operator shall revegetate inactive disturbed areas at the site in accordance with this code and the landscape and irrigation plan as required by Section 17.60.080.

10.

Improve dust controls on transfer points.

11.

Monitor and control dust from storage piles.

12.

Operate a wash rack for trucks in order to wet material before leaving the site.

13.

Operate a wheel washer to remove soil from vehicle tires as needed.

14.

Dust shall be controlled pursuant to the requirements of the South Coast Air Quality Management District (SCAQMD) Rule 403, as may be amended from time to time, unless another standard expressly applies under the use permit, or reclamation plan.

D.

The operator shall apply for and maintain permits from the South Coast Air Quality Management District (SCAQMD).

(Ord. No. 683, § 2, 12-10-14)

A.

Except when in accordance with applicable law, the operator shall maintain the site at all times free and clear of, and shall not discharge or otherwise release, any hazardous substances, hazardous wastes and/or hazardous materials as such terms are defined in their broadest form under any applicable federal, state or local law or regulation, and any other kind of soil, air, or water contamination and combustible and/or flammable materials (collectively "hazardous materials").

B.

At the termination of mining and/or reclamation operations, areas in which hazardous materials may be present shall be identified and mitigated in a manner consistent with applicable laws. The operator shall prepare a mitigation plan, subject to the approval of the city engineer to accomplish such mitigation. This mitigation may involve the removal and disposal or treatment of areas of contaminated sand and gravel. If infiltration or evaporation proves insufficient, the operator shall devise and submit a drainage program that shall be subject to city engineer approval, using standards of approval within his/her authority and any governmental entity with jurisdiction over the site or operation.

(Ord. No. 683, § 2, 12-10-14)

The operator agrees to allow city inspectors and its designees to reasonably inspect the site during normal working hours or at any time operations are occurring on the site to assure compliance with applicable law, use permit, and/or reclamation plan, as may be amended from time to time after providing at least forty-eight hours notice to the operator. Said inspection shall be conducted in compliance with the Mine Safety Health Administration Regulations. In cases of emergencies, the city shall have the right to inspect the site, provided the city gives prior notice to the operator as may be reasonably possible.

(Ord. No. 683, § 2, 12-10-14)

A.

The operator shall monitor mine depth, slopes, drainage and erosion conditions and setback distances on an annual basis. The operator shall notify the city of any condition found to be out of compliance with applicable law, use permit, and/or reclamation plan requirements. Any condition found to be out of compliance shall be corrected by the operator within sixty days of discovery of said condition or within sixty days of a city issued notice, or within the time period as otherwise agreed to by the city.

B.

As an ongoing monitoring effort, the operator shall retain a qualified geotechnical engineering consultant to evaluate all the slopes that are identified by the city engineer for geotechnical hazards and/or unstable soil and take all necessary corrective actions. This evaluation shall follow the city of Irwindale's Guidelines for Stability Analysis of Open-Pit Mine Slopes, as may be amended. The geotechnical engineering consultant shall prepare a report that includes recommendations for stabilizing the locations considered to be hazardous. This report shall be submitted to the city for review, comment, and approval before implementation.

C.

At the operator's cost, annually, the city may conduct a bathymetric survey of the pit to determine the existing slope ratios and mined depths at the site. Such survey shall be conducted by a qualified and licensed land surveyor selected by the city engineer. Within 90 days of the city providing a copy of the completed bathymetric survey to the operator, the operator shall correct any condition found to [be] out of compliance with applicable law, use permit, and/or reclamation plan requirements. Said correction shall be implemented in the manner and within the time limits approved by the city engineer.

(Ord. No. 683, § 2, 12-10-14)

An existing quarry, dump or other uses involving excavation of land at the time this chapter was first codified were required to file with the city, by July 8, 1971, in form and content satisfactory to the city council, a plan for rehabilitation of such land to restore the same to a status of natural topography (or substantially so) upon completion of the operations. All new uses involving excavation commenced after the date of the ordinance codified in this chapter shall file and have such plan approved prior to commencing such use.

(Ord. No. 683, § 2, 12-10-14)

A.

There is authorized a reclamation fund derived from existing revenue collected under the special mining tax in the mining impact fund pursuant to Chapter 3.18 of this code. The reclamation fund will be a separate account established for the purposes authorized in this chapter, administered by the director of finance as a special fund of the city and invested in the manner authorized by the city council. The city shall not make any deposits per year from the mining impact fund. The reclamation fund shall accrue with interest earnings only until such time as the aggregate amount of the reclamation fund, including interest and prior amounts deposited, equals an amount determined to be the reclamation cap (the "reclamation cap"), as defined in this section. Thereafter, the city shall not make future deposits in the reclamation fund. Interest on any monies in the reclamation fund shall accrue to the benefit of the reclamation fund and will be utilized towards reducing required contributions by the city (since interest earnings reduce the required contributions to reach the reclamation fund cap). The city may withdraw and place in its general fund any amounts exceeding the reclamation fund cap.

B.

The reclamation fund is envisioned to be utilized to assist in the reclamation of the mined quarries of the city's principal operators, currently owned by United Rock Products Corporation ("United"), Hanson Aggregates West, Inc. ("Hanson"), and CalMat Co. doing business as Vulcan Materials Company — Western Division ("Vulcan"). To participate, such operators must enter into an operating rights transfer agreement as provided in subsection 17.60.160(B) of this chapter. The reclamation fund cap shall be a total of thirteen million four hundred thousand dollars. The reclamation fund cap shall be determined based on which operators participate, and shall be allocated according to subsection 17.60.150(C) of this chapter.

C.

The reclamation fund shall be allocated for use in supplementing reclamation of the participating quarries as authorized under this chapter in a manner that is proportional to the financial assurances posted with the city by each participating quarry (i.e., if only one operator participates, the allocation is one hundred percent; if two, for example United and Hanson, then the allocation is approximately 70/30 [8/11.5 = .70). Such allocation shall be computed and monitored by the director of finance.

D.

Nothing in this chapter shall prevent the city from utilizing the authority under Public Resources Code Section 2773.1 or SMARA Regulations Sections 3806.1 and 3806.2 to establish financial assurances to establish appropriate financial assurances for operations or mining sites owned or operated by the city or its related agencies. Such financial assurances may be established by city in its sole discretion and separate from the requirements or procedures under this Section 17.60.150 or Section 17.60.160.

(Ord. No. 683, § 2, 12-10-14; Ord. No. 754, § B.2., 1-13-21; Ord. No. 758, § B.2., 10-13-21)

A.

The purpose of the reclamation fund is to provide a pledge of revenue to satisfy the requirements of SMARA, at Public Resources Code Section 2773.1. The reclamation fund is intended to provide resources to potential developers of the participating quarries so that they may be converted to beneficial, alternate end uses. To this end, the reclamation fund shall provide a means of supplementing financial assurances required by SMARA and posted by those mining operators in the city that wish to participate in the reclamation of their quarries to standards required by the city.

B.

In accordance with SMARA Regulations Sections 3806.1 and 3806.2, the reclamation fund may be expended by the city, its designee or where required under SMARA, the department of conservation, to reclaim to beneficial, alternate uses those participating quarries where an assignment of SMARA operating rights in a form approved by the city and the department of conservation ("operating rights transfer agreement") has been approved and entered into.

C.

City shall have sole control of the use, investment and management of the reclamation fund, subject only to the limitations in this chapter.

D.

The city may implement the provisions of this chapter by the formation of a joint powers authority authorized to accept operating rights as to private quarry operations, to contribute to the provision of financial assurances for reclamation, and to act to remedy defaults in the performance of reclamation, all in accordance with SMARA and the Irwindale Municipal Code.

(Ord. No. 683, § 2, 12-10-14)

A.

The city may dissolve and/or return moneys in the reclamation fund to the city's mining fund upon the occurrence of any of the following:

1.

The determination by any court or governmental agency of competent jurisdiction that the special mining tax under Chapter 3.18 of this code is invalid.

2.

The determination by any court or governmental agency of competent jurisdiction that the JPA created hereunder, reclamation fund or its use is contrary to law.

3.

The voluntary or involuntary termination by any quarry operator of its participation in its assignment of SMARA operating rights, as described in this chapter, as to amounts attributable to that operator's quarry(ies).

4.

As each participating quarry is reclaimed, the balance in the reclamation fund shall be reduced in an amount of such participating reclaimed quarry to the total financial assurances for all participating quarries, as determined by the director of finance. Any such amounts withdrawn from the reclamation fund shall be returned to the city's mining fund.

5.

Monies remaining in the reclamation fund after reclamation of all quarries is completed shall be returned to the city's mining fund, so long as such fund exists, and thereafter to the city's general fund.

6.

Should any portion of the reclamation fund be used to correct a default of any quarry, the quarry operator shall pledge all future filling revenues to the city for deposit into the reclamation fund until such time as the deficit to the reclamation fund caused by such expenditure is cured. Unless used to cure any further default of the quarry operator, any amounts so deposited into the reclamation fund, plus any accrued interest, shall be returned to the quarry operator at termination of reclamation in accordance with the reclamation fund.

B.

Upon dissolution of the reclamation fund, the city shall notify the participating quarries and department of conservation within sixty days of such dissolution.

(Ord. No. 683, § 2, 12-10-14)