A.

The city council recognizes that the extraction of minerals is essential to the continued economic well-being of the city and to the needs of society. The city council also recognizes that the reclamation of mined lands is necessary to prevent or minimize adverse effects on the environment and to protect the public health and safety, and that surface mining takes place in diverse areas where the geologic, topographic, climatic, biological and social conditions are significantly different, causing reclamation operations and reclamation specifications to vary accordingly.

B.

The purpose and intent of this chapter is to ensure the continued availability of important mineral resources, while regulating surface mining operations as required by California's Surface Mining and Reclamation Act of 1975 (Public Resources Code Sections 2710 et seq.), as amended, hereinafter referred to as "SMARA," and State Mining and Geology Board regulations (hereinafter referred to as "state regulations") for surface mining and reclamation practices (California Code of Regulations [CCR] Title 14, Division 2, Chapter 8, Subchapter 1, Sections 3500 et seq.), to ensure that:

1.

Adverse environmental effects are prevented or minimized and mined lands are reclaimed to a usable condition and are readily adaptable for alternative land uses.

2.

The production and conservation of minerals are encouraged, while giving consideration to values relating to recreation, watershed wildlife, range and forage, aesthetics and enjoyment.

3.

Residual hazards to the public health and safety are eliminated.

(Ord. No. 683, § 3, 12-10-14)

For purposes of this chapter, the following words and terms shall have the following meanings:

"Area of regional significance" means an area designated by the State Board which is known to contain a deposit of minerals, the extraction of which is judged to be of prime importance in meeting future needs for minerals in a particular region of the state within which the minerals are located and which, if prematurely developed for alternate incompatible land uses, could result in the premature loss of minerals that are of more than local significance.

"Area of statewide significance" means an area designated by the State Board which is known to contain a deposit of minerals, the extraction of which is judged to be of prime importance in meeting future needs for minerals in the state and which, if prematurely developed for alternate incompatible land uses, could result in the permanent loss of minerals that are of more than local or regional significance.

"Backfilling guidelines" means the Guidelines for Underwater Backfilling of Open-Pit Mines (2005) and the Guidelines for Above-Water Backfilling of Open-Pit Mines (2005), duly adopted and utilized by the city, as may be amended from time to time.

"Borrow pits" means excavations created by the surface mining of rock unconsolidated geologic deposits or soil to provide material (borrow) for fill elsewhere.

"Compatible land uses" means land uses inherently compatible with mining and/or that require a minimal amount of public or private investment in structures and land improvements, and which may allow mining because of the relative economic value of the land and its improvements. Examples of such uses may include but are not limited to, very low density residential, geographically extensive but low-impact industrial, recreational, agricultural silvicultural, grazing and open space.

"CEQA" or "California Environmental Quality Act" means the California Environmental Quality Act of 1970, as amended, at Public Resources Code, Section 2100 et seq., related CEQA Guidelines in the California Code of Regulations, Title 14, Section 1500 et seq.

"Erosion guidelines" means the Guidelines for Drainage and Erosion Control for Open-Pit Mines (2004) duly adopted and utilized by the city, as may be amended from time to time.

"Exploration" or "prospecting" means the search for minerals by geological, geophysical, geochemical or other techniques, including, but not limited to, sampling, assaying, drilling, or any surface or underground work needed to determine the type, extent or quantity of materials present.

"Haul road" means a road along which material is transported from the area of excavation to the processing plant or stockpile area of the surface mining operation.

"Inert fill" means the placement following mining of engineered inert materials, comprising of fully cured asphalt, uncontaminated concrete (including steel reinforcing rods embedded in the concrete), crushed glass, brick, ceramics, clay and clay products, which may be mixed with rock and soil. Those materials are spread on land in lifts and compacted under controlled conditions per the technical guidelines to achieve a uniform and dense mass which is capable of supporting structural loading, as necessary, or supporting other uses to provide land that is appropriate for an end use consistent with the approved general and any specific plans (e.g., roads, building sites, or other improvements) where an engineered fill is required to facilitate productive use(s) of the land. The engineered fill shall be constructed and compacted in accordance with this Code and the technical guidelines and in accordance with specifications prepared and certified at least annually by a civil engineer, certified engineering geologist, or similar professional licensed by the state of California and maintained in the operating record of the operation. The operator shall also certify under penalty of perjury, at least annually, that only approved inert debris has been placed as engineered fill, and specifying the amount of inert debris placed as fill. These determinations may be made by reviewing the records of an operation or by on-site inspection. Certification documents shall be maintained in the operating records of the operation and shall be made available to the city. (Source: California Regulations, Title 14, Section 17388(l))

"Idle" means that an operator of a surface mining operation has curtailed production at the surface mining operation, with the intent to resume the surface mining operation at a future date, for a period of one year or more by more than ninety percent of its maximum annual mineral production within any of the last five years during which an interim management plan has not been approved.

"Incompatible land uses" means land uses inherently incompatible with mining and/or that require public or private investment in structures, land improvements, and landscaping and that may prevent mining because of the greater economic value of the land and its improvements. Examples of such uses may include, but are not limited to, public facilities, geographically limited but impact intensive industrial and commercial.

"Technical guidelines" means all guidelines duly adopted and utilized by the city including the Guidelines for Stability Analyses of Open-Pit Mine Slopes (2003), the Guidelines for Drainage and Erosion Control for Open-Pit Mines (2004), the Guidelines for Underwater Backfilling of Open-Pit Mines (2005) and the Guidelines for Above-Water Backfilling of Open-Pit Mines (2005), as each may be amended from time to time to address any updates required by State law.

"Mined lands" means the surface, subsurface and groundwater of an area in which surface mining operations will be, are being or have been conducted, including private ways and roads appurtenant to any such area, land excavations, workings, mining waste and areas in which structures, facilities, equipment, machines, tools or other materials or property which result from, or are used in, surface mining operations are located.

"Minerals" means any naturally occurring chemical element or compound or groups of elements and compounds, formed from inorganic processes and organic substances, including, but not limited to, coal, peat and bituminous rock, but excluding geothermal resources, natural gas and petroleum.

"Mining waste" means the residual of any soil, rocky mineral liquid, vegetation, equipment, machines, tools or other materials or property directly resulting from or displaced by surface mining operations, and any other liquid or solid waste that may result from surface mining operations.

"OMR" or "state" shall mean the California Department of Conservation, Office of Mine Reclamation, including its duly authorized successors and assigns.

"Operator" means any person who is engaged in surface mining or reclamation operations, or who contracts with others to conduct operations on such party's behalf, including persons with ownership interest in the property being mined or reclaimed, except a person who is engaged in surface mining or reclamation operations as an employee with wages as his/her sole compensation.

"Overburden" means soil, rock or other materials that lie above a natural material deposit or in between deposits, before or after their removal by surface mining operations.

"Permit" means any formal authorization from or approval by the city, and shall include, but not be limited to, grading permits and use permits, as defined below, the absence of which would preclude surface mining operations, unless otherwise allowed by law.

"Person" means any individual, firm association corporation, organization or partnership, and any governmental agency.

"Public Resources Code" or "PRC" means the California Public Resources Code.

"Reclamation" means the combined process of land treatment that maximizes post-mining land uses compatible with zoning and the general plan, and that minimizes water degradation, air pollution, damage to aquatic or wildlife habitat, flooding, erosion and other adverse effects from surface mining operations, including adverse surface effects incidental to underground mines, so that mined lands are reclaimed as rapidly as is reasonably feasible to a usable condition which is readily adaptable for alternate land uses and creates no danger to public health or safety. The process may extend to affected lands surrounding mined lands, and may require backfilling, grading, resoiling, revegetation, soil compaction stabilization or other measures.

"Reclamation plan" shall have the meaning per SMARA, as described in Public Resources Code Section 2770 and the 14 CCR Section 3502.

"Slope stability guidelines" means Guidelines for Stability Analyses of Open-Pit Mine Slopes (2003), duly adopted and utilized by the city, as may be amended from time to time.

"SMARA" means the Surface Mining and Reclamation Act of 1975, and all amendments thereto, as set forth in Public Resources Code Sections 2710 et seq., and all regulations thereunder (14 CCR Section 3500 et seq.).

"State Board" means the California State Mining and Geology Board, including its duly authorized successors and assigns.

"Stream bed skimming" means the excavation of sand and gravel from stream bed deposits above the mean summer water level or stream bottom, whichever is higher.

"Surface mining operations" means all, or any part of, the process involved in the mining of minerals on mined lands by removing overburden and mining directly from the mineral deposits. Open-pit mining of minerals naturally exposed, mining by the auger method, dredging and quarrying, or surface work incident to an underground mine. Surface mining operations include, but are not limited to, in-place distillation or retorting or leaching, the production and disposal of mining waste, exploration or prospecting, borrow pitting, streambed skimming, and segregation and stockpiling of mined materials (and recovery of same).

"Use permit" means the formal authorization from or approval by the city, and shall include a conditional use permit and/or development agreement, pursuant to Government Code Section 65864 et seq., the absence of which would preclude surface mining operations, unless otherwise allowed by law.

(Ord. No. 683, § 3, 12-10-14)

All operators and persons conducting or seeking to conduct surface mining operations or reclamation shall comply with the provisions of SMARA, such statutes and regulations may be amended from time to time, except that when the provisions of this code are more restrictive, this chapter shall prevail. Copies of SMARA are on file in the city clerk's office for public review.

(Ord. No. 683, § 3, 12-10-14)

A.

Any authorization provided in an existing entitlement approved prior to December 31, 2014 shall apply over any inconsistent provision implemented pursuant to the updates of the ordinance codified in this chapter made on November 12, 2014.

B.

Except as provided in this chapter, no person shall conduct surface mining operations unless all use permits, a reclamation plan, and all financial assurances for reclamation, have first been approved by the city. Any applicable exemption from this requirement, including, but not limited to, any reclamation operations exempt from the requirement to secure a reclamation plan under Section 17.63.050, does not automatically exempt a project or activity from the application of other regulations, ordinances or policies of the city, including but not limited to, the application of CEQA, the requirements of other required approvals or permits, the payment of development impact fees, or the imposition of other dedications and exactions as may be permitted under any federal, state or local law. The provisions of this chapter shall apply to all lands within the city, public and private. This chapter shall not apply to the following exempt activities:

1.

Excavation or grading conducted for onsite construction comprising fifty cubic yards or less;

2.

Excavation or grading conducted for the purpose of restoring land following a flood or natural disaster;

3.

Onsite excavation and onsite earthmoving activities which are an integral and necessary part of a construction project that are undertaken to prepare a site for the construction of structures, landscaping or other land improvements, including all related excavation, grading, compaction or the creation of fills, road cuts and embankments, whether or not surplus materials are exported from the site, subject to all of the following conditions:

a.

All required permits for the construction, landscaping, or related land improvements have been approved by the appropriate public agency in accordance with applicable provisions of state law and locally adopted plans and ordinances, including, but not limited to, CEQA,

b.

The city's approval of the construction project including consideration of the onsite excavation and onsite earthmoving activities pursuant to CEQA,

c.

The approved construction project is consistent with the general plan and applicable zoning for the site,

d.

Surplus materials shall not be exported from the site unless and until actual construction work has commenced and shall cease if it is determined that construction activities have terminated, have been indefinitely suspended or are no longer being actively pursued;

4.

Operation of a plant site used for mineral processing, including associated onsite structures, equipment, machines, tools or other materials and including the onsite stockpiling and onsite recovery of mined materials, subject to all of the following conditions:

a.

The plant site is located on lands zoned as Q overlay zone, industrial or commercial, or are contained within a zoning category intended exclusively for industrial activities by the city,

b.

None of the minerals being processed are being extracted onsite, and

c.

All reclamation work has been completed pursuant to an approved reclamation plan for any mineral extraction activities that occurred onsite after January 1, 1976;

5.

Prospecting for, or the extraction of, minerals for commercial purposes and the removal of overburden in total amounts of less than 1,000 cubic yards in anyone location of one acre or less;

6.

Surface mining operations that are required by federal law in order to protect a mining claim, if those operations are conducted solely for that purpose;

7.

Any other surface mining or reclamation operations that the State Board determines to be of an infrequent nature and which involve only minor surface disturbances;

8.

The solar evaporation of sea water or bay water for the production of salt and related minerals;

9.

Emergency excavations or grading conducted by the California Department of Water Resources or the Reclamation Board for the purpose of averting, alleviating, repairing or restoring damage to property due to imminent or recent floods, disasters or other emergencies;

10.

Road construction and maintenance for timber or forest operations if the land is owned by the same person or entity, and if the excavation is conducted adjacent to timber or forest operation roads. This exemption is only applicable if slope stability and erosion are controlled in accordance with slope stability guidelines and SMARA and upon closure of the site, the person closing the site implements, where necessary, revegetation measures and post closure uses in consultation with the department of forestry and fire protection. This exemption does not apply to onsite excavation or grading that occurs within one hundred feet of a Class One watercourse (as defined under state law) or seventy-five feet of a Class Two watercourse (as defined under state law), or to excavations for materials that are, or have been, sold for commercial purposes.

(Ord. No. 683, § 3, 12-10-14)

No person who obtained a vested right to conduct surface mining operations at a particular site prior to January 1, 1976, shall be required to secure a permit to conduct such operations at such facility, as long as the vested right continues and as long as no substantial changes have been made in the operation, except those changes made and approved in accordance with SMARA, and this code. Where a person with vested rights continues surface mining operations in the same area subsequent to January 1, 1976, such person shall obtain city approval of a reclamation plan and financial assurances covering the mined lands disturbed by such subsequent surface mining. In those cases where an overlap exists (either horizontally and/or vertically) between pre- and post-SMARA mining, the reclamation plan shall provide for reclamation proportional to that disturbance caused by the mining after the effective date of SMARA (January 1, 1976). All other requirements of state law and this chapter shall apply to vested surface mining operations.

(Ord. No. 683, § 3, 12-10-14)

A.

Applications for a use permit or a reclamation plan for surface mining operations shall be made on forms provided by the community development department. Such applications shall be filed in accordance with this code and all procedures established by the city community development director. The application for a use permit shall include the following:

1.

Computation of financial assurances to accurately assess all reclamation costs over a reasonable period of time, per SMARA Section 2773.1 and Section 17.63.100 herein;

2.

Legal information, including land and mineral rights ownership, intended operator, and a formal, legal description of the property boundaries;

3.

Site characterization, including all details of existing environmental conditions, location (relative to political boundaries), and site access and roadways to be used to access local and regional transportation corridors;

4.

Operation plan, including details of the material to be processed annually, methods and equipment to be used (including all on-site structures), ultimate mining depth sought in the application, not to exceed the maximum authorized depth, as determined by the city engineer, based on a mine slope profile derived from cross sections of the slopes that comport to the Irwindale Guidelines. The mine slope profile shall establish the maximum allowable mining area in the site. The operation plan shall also include a detailed description of waste generation, water use and potential impacts on water quality. The operation plan shall be in accordance with all technical guidelines, as each may be amended from time to time to address any updates required by state law, provided they do not exceed the requirements of any approved entitlements and SMARA;

B.

The forms for reclamation plan applications shall require, at a minimum, each of the elements deemed necessary to facilitate an expeditious and fair evaluation of the proposed reclamation plan, as determined by the city community development director. The reclamation plan application shall be submitted in conjunction with the application for a use permit for surface mining operations. For any reclamation plan application that is not submitted simultaneously with an application for a use permit, or for any proposed amendment to a reclamation plan, the reclamation plan application shall include all information concerning the mining operation required for the processing of the reclamation plan. All documentation for the reclamation plan shall be submitted to the city at one time.

C.

Applications for a use permit and a reclamation plan shall include all required environmental review forms and information prescribed by the city community development director.

D.

Upon completion of the environmental review and filing of all documents required by the city community development director, consideration of any use permit or reclamation plan for the proposed or existing surface mine operation shall be completed pursuant to this code at a public hearing before the planning commission, or before the city council for mining below one hundred fifty feet below ground surface, and pursuant to Section 2774 of the Public Resources Code.

E.

Within thirty days of acceptance of an application of a use permit for surface mining operations and/or a reclamation plan, as complete, the community development department shall notify the OMR of the filing of the application(s). Whenever surface mining operations are proposed in the one hundred-year floodplain of any stream, as shown in zone A of the flood insurance rate maps issued by the Federal Emergency Management Agency, and within one mile, upstream or downstream, of any state highway bridge, the community development department shall also notify the State Department of Transportation that the application has been received.

F.

The community development department shall process the application(s) and conduct any necessary environmental review pursuant to CEQA and any city environmental review guidelines.

G.

Subsequent to completion of all appropriate environmental review, the community development department shall prepare a staff report with recommendations for consideration by the planning commission or city council.

H.

The planning commission or city council shall hold at least one noticed public hearing on the use permit and/or the reclamation plan.

I.

Prior to final approval of a reclamation plan, or any financial assurances (as provided in this chapter), or any amendments to the reclamation plan or existing financial assurances, the planning commission or city council, where applicable, shall certify to the OMR that the reclamation plan and/or the financial assurances comply with the applicable requirements of state law and shall submit the reclamation plan, any financial assurances or any amendments thereto, to the OMR for review. The planning commission or city council may conceptually approve the reclamation plan and financial assurances before submittal to the OMR. If a use permit is being processed concurrently with the reclamation plan, the planning commission or city council may simultaneously also conceptually approve the use permit. However, the planning commission or city council may defer action on the use permit until taking final action on the reclamation plan and financial assurances. If necessary to comply with any permit processing deadlines, the planning commission or city council may conditionally approve the use permit with the condition that the community development department shall not issue the use permit for the surface mining operation until cost estimates for financial assurances have been reviewed by the OMR, and final action has been taken on the reclamation plan and financial assurances.

J.

Public Resources Code Section 2774(d), OMR shall be given thirty days to review and comment on the reclamation plan and forty-five days to review and comment on the financial assurances. The planning commission or city council shall evaluate written comments received, if any, from OMR during the comment periods. City staff shall prepare a written response describing the disposition of the major issues raised by the state for the planning commission's or city council's approval. In particular, when the planning commission's or city council's position varies from the recommendations and objections raised in the state's comments, the written response shall address, in detail, why specific comments and suggestions were not accepted. Copies of any written comments received and responses prepared by the planning commission or city council shall be promptly forwarded to the applicant and/or operator.

K.

The planning commission or city council shall then take action to approve, conditionally approve or deny the use permit and/or reclamation plan, and to approve the financial assurances pursuant to Public Resources Code Section 2770(d).

L.

The community development department shall forward a copy of each approved use permit for surface mining operations and/or approved reclamation plan, and a copy of the approved financial assurances, to the OMR. By July 1st of each year, the community development department shall submit to OMR for each active or idle mining operation, a copy of the use permit and/or reclamation plan amendments, whatever is applicable, or a statement that there have been no changes from the previous year.

(Ord. No. 683, § 3, 12-10-14)

A.

All reclamation plans shall comply with the specific requirements of SMARA (PRC Section 2772 and Section 2773) and applicable state regulations (14 CCR Section 3500-3505). Reclamation plans approved after January 15, 1993, reclamation plans for proposed new mining operations, and any substantial amendments to previously approved reclamation plans, shall also comply with all reclamation performance standards and requirements under the state regulations (14 CCR Section 3700-3713).

B.

The city may impose additional performance standards as developed either in reviewing individual projects, as warranted, or through the formulation and adoption of city performance standards.

C.

Before commencement of the filling operations, the operator shall secure all necessary permits from the applicable governmental agencies having jurisdiction over fill operations. The permitting procedures imposed by such agencies may require additional environmental assessment, the cost of which shall be borne by the operator.

D.

Reclamation activities shall be initiated at the earliest possible time on those portions of the mined lands that will not be subject to further disturbance. Interim reclamation may also be required for mined lands that have been disturbed and that may be disturbed again in future operations. Reclamation may be done on an annual basis, in stages compatible with continuing operations, or upon completion of all excavation, removal or fill, as approved by the city.

E.

In addition to the requirements under SMARA, reclamation plans shall include the following:

1.

Each phase of reclamation shall be specifically described in the reclamation plan and shall include the beginning and expected end dates for each phase;

2.

All reclamation activities required including but not limited to:

a.

Slopes and slope treatments;

b.

Plans for backfill, including engineered fill specifications;

c.

Residual features such as ponds, reservoirs and tailings;

d.

Revegetation plan including species, mix, and density;

3.

Criteria for measuring completion of specific reclamation activities;

4.

Estimated costs for completion of each phase of reclamation;

5.

Agent(s) responsible for reclamation implementation;

6.

Specific end uses following reclamation; and

7.

The timing and scope of periodic review consistent with the Irwindale Municipal Code or other regulation.

F.

Revegetation. All reclamation plans shall be in compliance with Section 3705 of SMARA for slope revegetation and shall be subject to the following requirements:

1.

Available research addressing revegetation methods and the selection of species having good survival characteristics, for topography, resoiling characteristics, and climate of the site area shall be documented in the revegetation section of the reclamation plan.

2.

Should any plant material become unhealthy or die, the operator shall replace same with equivalent materials within the next winter to spring planting season.

3.

Success of revegetation will be judged by comparing the quantified measures of vegetative cover, density, and species-richness of the reclaimed mined-lands to similar parameters of naturally occurring vegetation in the area. Successful revegetation will be deemed complete when plant cover has been established over seventy-five percent of the site for three consecutive years.

G.

Final slopes. The construction of all final slopes will be in accordance with the technical guidelines. All perimeter slopes will have adequate erosion control measures designed in accordance with the technical guidelines.

H.

Fill operations. All fill operations shall be governed by the following:

1.

All areas of fill or backfill operations in the quarry during mining and reclamation shall be compacted in accordance with the Los Angeles County Building Code or other methods approved by the city engineer.

2.

Areas of fill operations in the site during mining and reclamation shall meet criteria stated in the Irwindale Guidelines ("backfill specifications"). Acceptable materials in accordance with the backfill specifications shall consist only of materials that are certified inert and free of hazardous materials or other contamination (consisting of aggregate mining wastes not considered useable product, including fine sand, silt, and clay, or non-durable rock material), clean construction debris (including broken asphalt above the historic high water level and concrete at any level) or other Class U (inert) waste, soil removed from sedimentation, flood control, or debris reservoirs, exported soil from grading operations in the Los Angeles area, or similar acceptable inert materials as permitted by applicable federal, state, and local regulations, as may be amended from time to time ("approved fill").

3.

The operator shall retain a geotechnical engineer to prepare a backfill specification plan in accordance with the backfill specifications and submit it to the city engineer for review and approval prior to the commencement of the filling operations. The backfill specification plan shall include but not be limited to the following:

a.

Total excavation and fill volumes;

b.

Rate of excavation and fill;

c.

Total depth of excavation;

d.

Finished elevation after reclamation; and

e.

Defined end use with related fill and compaction requirements that would be required to return the property to a condition suitable for the proposed end use.

4.

Quarterly results of fill operations and compaction results shall be submitted to the city engineer on a form approved by the city engineer.

5.

The operator shall test each load of fill material for compliance with the backfill specifications. All fill material and fill placement shall be subject to the approval of the city engineer.

6.

Ongoing fill and compaction operations will be annually certified by a geotechnical engineer retained by operator. The annual certification of fill placement report will be submitted to the city for review and approval.

7.

City shall have the right, after providing at least forty-eight hours notice to operator, to independently inspect and monitor the (i) fill loads for the presence of any hazardous materials and (ii) to ascertain whether fill has been placed and compacted as required by the applicable use permit, using a consultant retained by the city. The reasonable costs for such tests shall be paid by the operator if performed no more than quarterly; however, should any test find a violation of the applicable use permit, city shall have the right to conduct additional tests as necessary to ensure compliance with these conditions and the reasonable costs for such additional tests paid by operator. Should the fill material be found unacceptable, the operator shall correct, to the satisfaction of the city engineer, any materials improperly accepted or placed at the site.

8.

No permanent waste disposal locations or tailings ponds are permitted.

I.

The reclamation plan shall be reviewed every year by the city. The city's review shall be undertaken in accordance with SMARA, and the Irwindale Municipal Code, as may be amended from time to time. Upon its review, the city may require certain revisions of the reclamation plan if it finds such revisions are necessary pursuant to Regulation Section 3502(D) as amended.

J.

Amendments. Substantial deviations from an approved reclamation plan shall require city approval in the same manner as set forth under Section 17.63.060. Any reclamation plan amendment shall be submitted to the director of the Department of Conservation for review, consistent with PRC Section 2774(c), as may be amended from time to time.

K.

Emergency Plan. Within thirty days of the approval of the reclamation plan, an emergency plan must be prepared as an attachment to the reclamation plan. Approval of the emergency plan shall follow the same process for preparation and approval of the site management and security plan at Section 17.60.035. Required remedial actions should be established in the emergency plan, which will minimize the time period between the discovery of the contamination and the completion of remediation. If, at any time, contamination is found to be at or above established action levels, the city shall be immediately notified and the operator shall be required to take (and pay for) all necessary remedial actions.

L.

Termination of Reclamation. All equipment, structures, and other facilities associated with the mining operations will be dismantled and completely removed from the site upon termination of mining, unless that equipment, structures and other facilities are allowed under the approved use permit. Thereafter, and in accordance with any additional requirements in the approved reclamation plan, upon termination of reclamation, all equipment, structures and other facilities associated with the reclamation operations will be dismantled and completely removed from the site. All refuse, abandoned equipment, and similar materials will likewise be removed for disposal in a manner permitted by law. Inert materials may be incorporated into any grading or fill required to complete reclamation. This will be done in a manner compatible with applicable law, and in accordance with the reclamation plan.

(Ord. No. 683, § 3, 12-10-14)

The person submitting the reclamation plan shall sign a statement accepting responsibility for reclaiming the mined lands in accordance with the reclamation plan. Such statements shall be kept by the community development department. At or prior to the sale or transfer of the surface mining operation, any new operator shall submit a signed statement of responsibility to the community development department accepting responsibility for reclaiming the mined lands in accordance with the reclamation plan.

(Ord. No. 683, § 3, 12-10-14)

A.

Use Permit Approvals. In addition to any other findings required by this code, use permits for surface mining operations shall include a finding that the project complies with the provisions of SMARA and the state regulations thereunder.

B.

Reclamation Plans. No reclamation plan is to be approved unless the following findings have been made:

1.

The reclamation plan complies with SMARA;

2.

The reclamation plan and potential uses of reclaimed land pursuant to the plan are consistent with this code, the city's general plan, all applicable Irwindale Guidelines and any applicable resource plan or element.

3.

The reclamation plan has been reviewed pursuant to CEQA and the city's environmental review, and all significant adverse impacts from reclamation of the surface mining operations will be mitigated to the maximum extent feasible.

4.

The land and/or other resources such as water bodies to be reclaimed, will be restored to a condition that is compatible with the surrounding natural environment, topography and other resources.

5.

The reclamation plan will restore the mined lands to a usable condition which is readily adaptable for alternative land uses consistent with the general plan and any applicable resource plan.

6.

A statement obligating the operator to utilize all inert mine waste materials for the fill operations, or divert such materials to other sites in the city, or provide an explanation as to why such diversion is not feasible.

7.

A written response to OMR has been prepared, describing the disposition of major issues raised by that Department in accordance with Irwindale Municipal Code Section 17.63.060(K).

(Ord. No. 683, § 3, 12-10-14)

A.

To ensure reclamation proceeds in accordance with the approved reclamation plan, all reclamation plans shall include a provision providing for financial assurances with security that will not be released until the city has provided written approval of satisfactory completion of the reclamation plan. The applicant may provide security in the form of a surety bond, trust fund irrevocable letter of credit from an accredited financial institution or other method of security acceptable to the city and the State Board, in accordance with SMARA, and in an amount the city reasonably determines is adequate to perform reclamation in accordance with the approved reclamation plan. Financial assurances shall be made payable to the city of Irwindale and OMR.

B.

Financial assurances will be required to ensure compliance with the reclamation plan, including but not limited to, revegetation and landscaping requirements, requirements for adequate and appropriate fill material grading and compaction requirements, restoration of aquatic or wildlife habitat, restoration of water bodies and water quality, slope stability and erosion and drainage control disposal of hazardous materials and other measures, if necessary.

C.

Cost estimates for the financial assurances shall be submitted to the public works department for review and approval prior to the time the operator secures financial assurances. The public works director shall forward a copy of the cost estimates, together with any documentation received supporting the amount of the cost estimates, to OMR for review. If OMR does not comment within forty-five days of receipt of these estimates, it shall be assumed that the cost estimates are adequate, unless the city determines additional costs may be incurred. The public works director shall have the discretion to approve the financial assurances if they meet the requirements of this code, SMARA, and applicable state regulations.

D.

The amount of the financial assurance shall be based upon the estimated costs of reclamation for the years or phases stipulated in the approved reclamation plan, including any maintenance of reclaimed areas as may be required, subject to adjustment for the actual amount required to reclaim lands disturbed by surface mining activities since January 1, 1976, and new lands to be disturbed by surface mining activities since January 1, 1976, and new lands to be disturbed by surface mining activities in the upcoming year. Cost estimates should be prepared by a California registered professional engineer and/or other similarly licensed and qualified professionals retained by the operator and approved by the city engineer. The estimated cost of reclamation shall be based on an analysis of physical activities necessary to implement the approved reclamation plan, the unit costs for each of these activities, the number of units of each of these activities, and the actual administrative costs. Financial assurances to ensure compliance with revegetation and landscaping requirements for adequate and appropriate fill material grading and compaction requirements, restoration of water bodies, restoration of aquatic or wildlife habitat and any other applicable element of the approved reclamation plan, shall be based upon cost estimates that include but are not limited to, labor, equipment, materials, mobilization of equipment, administration and a reasonable profit by a commercial operator other than the operator of the surface mining operation. A contingency factor of ten percent shall be added to the cost of reclamation.

E.

In projecting the costs of reclamation, it shall be assumed that the surface mining operation has been abandoned by the operator and that the city or State Department of Conservation must contract with an independent third party to initiate and complete all remaining reclamation.

F.

The financial assurances shall include a calculation of funding requirements for the total of required reclamation actions by mining phase and provision of a suitable funding mechanism.

G.

The financial assurances shall remain in effect for the duration of the surface mining operation and any additional period until reclamation is completed (including any maintenance required).

H.

The amount of financial assurances shall be adjusted annually to account for new lands disturbed by surface mining operations, adjustments and corrections in financial assurances previously approved, inflation, and reclamation of lands accomplished in accordance with the approved reclamation plan. The financial assurances shall include estimates to cover reclamation for existing conditions and anticipated activities during the upcoming year, including any necessary interim reclamation excepting that the operator may not claim credit for reclamation scheduled for completion during the coming year.

I.

The operator shall submit written revisions to financial assurances to the public works director each year, thirty days prior to the anniversary date of the initial financial assurances approved by the city. If written revisions to the financial assurances are not provided, the operator shall explain, in writing, thirty days prior to such anniversary date, why revisions were not necessary. The public works director may require further revisions and/or explanation from the operator if the submission is found to be inadequate.

J.

Alternative Financial Assurances. SMARA at Sections 3803 and 3806 authorize governmental operators to utilize "pledges of revenue or budget set-asides" as financial assurance mechanisms to secure reclamation of its quarries. The city have established a joint powers authority, formed pursuant to Government Code Section 6500, et seq., and titled the Irwindale Reclamation Authority ("JPA") to assist the operator in meeting its financial assurances obligations through an alternative financial assurances mechanism ("alternative mechanism"). The availability of the alternative mechanism for an operator shall be subject to the state's approval. In the event that the operator seeks to provide financial assurances as provided in this section, the operator shall provide the following:

1.

Transfer and Conveyance of Operation Rights. The operator shall execute a document titled, "SMARA Operation Rights Transfer and Conveyance Agreement," transferring to the JPA, and conveying from the JPA to the operator, its operation rights. The assignment and conveyance shall be deemed not to be an interest in real estate but instead to be a transfer solely for purposes of assigning primary reclamation responsibility back to the operator.

2.

Amounts Posted by the Operator. The operator shall post financial assurances instruments in favor of the JPA and State in the amount determined by the city. Such financial assurances shall remain in place until the site has been fully reclaimed in accordance with the reclamation plans for the site and then shall be fully exonerated unless there is a default. Although the city shall retain all rights to annually adjust the financial assurances amounts under SMARA Section 2773.1(a)(3), the financial assurance posted by the operator shall reflect the amounts required to reclaim the site. As such, any increase in the financial instruments posted by the operator shall require an amendment to the use permit, subject to the mutual approval of city and the operator.

3.

Termination of JPA. In the event the JPA is terminated for any reason, at least two years prior written notice of termination shall be given to the operator before such termination shall be effective. This provision shall be included in the SMARA Operation Rights Transfer and Conveyance Agreement. During said two-year period, the reclamation plan shall be reviewed, and revised in a manner such that the then posted financial assurances will be sufficient for reclamation, or the city may enter into other agreements with the operator to accomplish the reclamation originally contemplated.

E.

Default. In the event of a material default of the terms of the reclamation plan obligations, the city shall give the operator reasonable notice and opportunity to cure. Should operator fail to promptly commence and diligently pursue a cure for such default, the city may pursue any or a combination of the following remedies:

1.

Financial Assurances. In accordance with SMARA, at Section 2773.1(b), as may be amended, the city may use the financial assurances posted by the operator as necessary to reasonably cure the default.

2.

Additional Rights. In the event of a material default, in addition to utilizing the operator's financial assurances, the city shall have all of the remedies available per SMARA Section 2773.1 and the following rights, after providing the operator with a thirty-day notice of violation:

a.

To enter the site and remedy the default, unless such entry is to take over fill operations and use revenue from reclamation activity, in which case, subsection c below shall apply;

b.

To charge the operator for all costs in excess of the financial assurances and reclamation revenue;

c.

To lien the property for all excess, uncompensated expenses;

d.

To collect the operator's or its agent's deposit; and

e.

To expend portions of the reclamation fund contributed by the JPA, but not the operator's financial assurances, for any purpose it deems appropriate to assist in the refilling of the site expeditiously and in an economically prudent manner; provided, however, the city shall be responsible for any actual damage which results from its introduction of materials that do not qualify as approved fill. Eligible costs under this paragraph shall include, but not be limited to, the costs of permissible fill, transportation of same, equipment and labor costs for reclamation, engineering and consulting fees and all other similar or related costs and expenses.

3.

Right to Enter Site to Take Over Fill Operations. In the event of a material default in the operator's filling operations, should the city wish to enter operator's site and use revenue from reclamation activity to cure the default by taking control of fill operations, the city shall first provide sixty days notice to operator of the intent to do so. Before implementing such measures, however, the city shall cause an impact report ("impact report") to be prepared analyzing the anticipated costs and benefits and impacts of the city taking over fill operations. A draft of the impact report shall be circulated to the operator and other interested parties. Applicant shall have thirty days to comment on the draft. The city shall consider and respond to any comments in writing. At the city's discretion, any comments may be incorporated into the impact report. The city council shall consider the impact report at a public hearing. If approved by the city council, the city may take over operator's fill operations, receive revenue from the reclamation activity, expend such portions of the reclamation fund and implement such other measures as addressed in the approved impact report, but only for as long as necessary to achieve compliance with the reclamation plan. When the default has been cured, the operator shall resume its filling and other operations under the reclamation plan.

4.

The operator shall at all times maintain ownership and control of the site and shall continue the conduct of refilling activity, as may be further provided in the SMARA Operation Transfer and Retransfer Agreement. However, in the event the city exercises its rights under subsection 17.63.100(E)(3) above, the operator shall give the city, its contractors and agents access to the site so that the city may cause additional filling and reclamation to occur in accordance with these conditions. Such access shall be in accordance with the operator's normal safety requirements and the city shall indemnify and hold the operator harmless from any liability arising from such access, including injury or death to the employees of city, its contractors and/or agents, unless such injury or death is caused by the negligence of Applicant.

5.

Without limitation of its other legal remedies, the operator shall have the right to appeal to the state any decision by the city to exercise its remedies in accordance with the appeal provisions under SMARA Regulation Section 3650(b), referencing SMARA Section 2770(e), which authorizes an appeal to the state of a determination by a lead agency under Section 2773.1(b) that an operator is incapable of performing its reclamation obligations.

(Ord. No. 683, § 3, 12-10-14)

A.

Within ninety days of a surface mining operation becoming idle, the operator shall submit to the public works department a proposed interim management plan ("IMP"). The proposed IMP shall comply with all requirements of SMARA, including but not limited to all permit conditions and shall provide measures the operator will implement to maintain the site in a stable condition, taking into consideration public health and safety. The proposed IMP shall be submitted on forms provided by State Department of Conservation and shall be processed as an amendment to the reclamation plan per Section 17.63.060.

B.

Financial assurances for idle surface mining operations will be maintained as though the operations were active.

C.

Upon receipt of a complete proposed IMP, the community development director shall forward the IMP to the OMR for review. The IMP shall be submitted to OMR at least thirty days prior to approval by the city council.

D.

Within sixty days of receipt of the proposed IMP, or a longer period mutually agreed upon by the city community development director and the operator, the city council shall review and approve or deny the IMP in accordance with this chapter. The operator shall have thirty days, or a longer period mutually agreed upon by the operator and the community development director, to submit a revised IMP. The city council shall approve or deny the revised IMP within sixty days of receipt. If the city council denies the revised IMP, the operator may appeal such action in writing to the city council within fifteen days of the city council's action.

E.

The IMP may remain in effect for a period not to exceed five years, at which time the city council may renew the IMP for another period not to exceed five years, or require the operator to commence reclamation in accordance with the approved reclamation plan.

(Ord. No. 683, § 3, 12-10-14)

A.

Operators shall forward annual surface mining reports to the state and to the public works department on a date established by the state, and on forms furnished by the State Board. New mining operations shall file an initial surface mining report and any applicable filing fees with the state within thirty days of permit approval, or before commencement of operations whichever is sooner. Any applicable fees, together with a copy of the annual inspection report, shall be forwarded to the state at the time of filing the annual surface mining report.

B.

Consistent with SMARA, the city may annually review reclamation plans including any and all financial assurances. The purpose of the annual review is for making adjustments in response to any changing technical standards relative to slope stability, backfill and compaction, ground water protection, and related public safety measures. Any changes to land use plans shall be subject to the limitation that such changes do not adversely affect the owner's economic ability to complete the reclamation of the site.

(Ord. No. 683, § 3, 12-10-14)

The public works department shall arrange for the inspection of a surface mining operation within six months of receipt of the annual surface mining report required in Section 17.63.120, to determine whether the surface mining operation is in compliance with its use permits, the approved reclamation plan, the approved financial assurances and state regulations. In no event shall less than one inspection be conducted in any calendar year. The city shall send written notice to the operator at least ten days prior to the inspection. Such inspections may be made by a state-registered geologist, state-registered civil engineer, state-licensed landscape architect, or state-registered forester, experienced in land reclamation and who has not been employed by the surface mining operation in any capacity during the previous twelve months, or other qualified specialists, as selected by the public works director. All inspections shall be conducted using a form approved and provided by the State Board. The public works department shall notify the OMR, within thirty days of completion of the inspection that said inspection has been conducted, and shall forward a copy of the inspection notice and any supporting documentation, including the city's statement regarding the status of compliance, to the operator and OMR. The operator shall be solely responsible for all reasonable cost of the inspection, and shall either pay the costs directly, and/or, shall promptly reimburse the city for such costs.

A.

If the public works director, based upon an annual inspection or other information which is confirmed by an inspection of the surface mining operation, determines that a surface mining operation is not in compliance with this chapter, applicable permits, and/or the reclamation plan, the city may follow the procedures set forth in PRC, Sections 2774.1 and 2774.2 concerning violations and penalties, as well as those provisions of this municipal code for revocation and/or abandonment of any applicable use permit.

B.

In the event the operator fails to perform any obligations under the reclamation plan, the city shall have the right to take any action permitted under applicable law to compel compliance, including all equitable and legal remedies, whether specific performance, injunctive relief, or legal damages, and may impose any fines and penalties as may be permitted by law, including, but not limited to, the city staff and consultant costs and attorneys' fees incurred in securing compliance.

(Ord. No. 683, § 3, 12-10-14)

A.

Any person aggrieved by an act or determination of the public works director and/or the city community development director in the exercise of the authority granted in this code, shall have the right to appeal to the planning commission. Any appeal shall be filed in writing within fifteen calendar days of the public works director and/or community development director's determination.

B.

Any person aggrieved by an act or determination of the planning commission in the exercise of the authority granted in this code, shall have the right to appeal to the city council. Any appeal shall be filed in writing within fifteen calendar days of the planning commission's determination.

(Ord. No. 683, § 3, 12-10-14)

The city shall establish such fees as it deems necessary to cover the reasonable costs incurred in implementing this chapter and the state regulations, including but not limited to, processing of applications; annual reports, inspections, monitoring, enforcement and compliance. Such fees shall be paid by the operator, as required by the city, at the time of filing of the permit application, reclamation plan application, financial assurance information, notice of completion of inspection, or at such other times as determined by the city to be appropriate in order to ensure that all reasonable costs of implementing this chapter are borne by the operator.

(Ord. No. 683, § 3, 12-10-14)

A.

Mine development is encouraged in compatible areas before encroachment of conflicting uses. Mineral resource areas that have been classified by the State Department of Conservation's Division of Mines and Geology or designated by the State Board, as well as existing surface mining operations that remain in compliance with the provisions of this chapter, shall be protected from intrusion by incompatible land uses that may impede or preclude mineral extraction or processing, to the extent consistent with the city's general plan.

B.

In accordance with PRC Section 2767, the city's general plan and resource maps will be updated to reflect mineral information (classification and/or designation reports) within twelve months of the city's receipt of this information from the State Board, land use decisions within the city will, in part, be guided by information provided on the location of identified mineral resources of regional significance. Conservation and potential development of identified mineral resource areas will be considered and encouraged. Recordation on title to property of the presence of important mineral resources within the identified mineral resource areas may be encouraged as a condition of approval of any development project in the impacted area. Prior to approving uses that would otherwise be incompatible with mineral resource, protection, conditions of approval may be applied to proposed encroaching uses to minimize potential conflicts.

(Ord. No. 683, § 3, 12-10-14)