Santa Paula City Zoning Code
CHAPTER 16
100: GENERAL PROVISIONS
§ 16.100.010 PURPOSE AND INTENT.
(A) Chapters 16.100 through 16.104 (Surface Mining and Reclamation) of this Title 16 are adopted pursuant to the California Surface Mining and Reclamation Act of 1975 (Cal. Pub. Res. Code §§2710 et seq.).
(B) The City Council finds and declares that the extraction of minerals is essential to the continued economic well-being of the state and to the needs of the society, and 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.
(C) The Council further finds that the reclamation of mined lands as provided in Chapters 16.100 through 16.104 (Surface Mining and Reclamation) of this Title 16 will permit the continued mining of minerals and will provide for the protection and subsequent beneficial use of the mined and reclaimed land.
(D) The Council further finds that surface mining takes place in diverse areas where the geologic, topographic, climatic, biological, and social conditions are significantly different, and that reclamation operations and the specifications for the reclamation may vary accordingly.
(Ord. 1103, passed 3-7-05)
§ 16.100.020 DEFINITIONS.
The following words, terms and phrases, when used in Chapters 16.100 through 16.104 (Surface Mining and Reclamation) of this Title 16, will have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
EXPLORATION or PROSPECTING. The search for minerals by geological, geophysical, geochemical or other techniques, including but not limited to sampling, assaying, drilling, or any surface or underground works needed to determine the type, extent, or quantity of minerals present.
MINED LANDS. Includes 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. 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. The residual of soil, rock, mineral, liquid, vegetation, equipment, machines, tools, or other materials or property directly resulting from or displaced by surface mining operations.
OPERATOR. Any person who is engaged in surface mining operations himself or herself or who contracts with others to conduct operations on his or her behalf, except a person who is engaged in surface mining operations as an employee with wages as his or her sole compensation.
OVERBURDEN. Soil, rock, or other materials that lie above a natural mineral deposit or in between deposits, before or after their removal by surface mining operations.
RECLAMATION. The process of land treatment 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 to a usable condition which is readily adaptable for alternate land uses and create 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.
STATE BOARD. The State Mining and Geology Board, in the Department of Conservation.
STATE GEOLOGIST. The individual holding office as structured in Cal. Pub. Res. Code § 677.
SURFACE MINING OPERATIONS. 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:
(1) In-place distillation, retorting or leaching;
(2) The production and disposal of mining waste; and
(3) Prospecting and exploratory activities.
(Ord. 1103, passed 3-7-05)
§ 16.100.030 EXEMPT ACTIVITIES.
The provisions of Chapters 16.100 through 16.104 (Surface Mining and Reclamation) of this Title 16 are not applicable to the following:
(A) Excavations or grading conducted for farming or onsite construction or for the purpose of restoring land following a flood or natural disaster, provided the grading and removal of material do not exceed that required to meet the primary objective.
(B) Prospecting and exploration for minerals of commercial value where less than 1,000 cubic yards of overburden is removed in any one location of one acre or less.
(C) Any surface mining operation that does not involve either the removal of a total of more than 1,000 cubic yards of minerals, ores, and overburden or involve more than one acre in any one location.
(D) Surface mining operations that are required by federal law in order to protect a mining claim, if such operations are conducted solely for that purpose.
(E) Such other mining operations that the city determines to be of an infrequent nature and which involve only minor surface disturbances and are categorically identified by the State Board pursuant to Cal. Pub. Res. Code §§ 2714(d) and 2758(c).
(Ord. 1103, passed 3-7-05)