Municipal Code, Complete - City of Santa Barbara

Sections:
22.14.010 Purpose and Intent.
22.14.020 Definitions.
22.14.030 Incorporation of State Act and
Regulations.
22.14.040 Scope.
22.14.050 Permit and Reclamation Plan
Requirements.
22.14.010 Purpose and Intent.
Chapter 22.14
SURFACE MINING AND RECLAMATION PRACTICE
22.14.060 Review Procedures.
22.14.070 Performance Bond.
22.14.080 Public Records.
22.14.090 Periodic Review.
22.14.100 Amendments.
22.14.110 Enforcement.
22.14.120 Appeals.
This Ordinance is adopted pursuant to the California Surface Mining and Reclamation Act of 1975 (Public
Resources Code 2710 et seq.), hereinafter referred to as the State Act, and the California Administrative Code
Regulations adopted pursuant thereto (14 Cal. Admin. Code §3500 et seq.), hereinafter referred to as the State
Regulations.
The City Council finds and declares that the extraction of minerals is essential to the continued economic wellbeing
of the City and to the needs of society and the reclamation of mined lands is necessary to prevent or minimize
adverse effects on the environment and to protect public health and safety.
The City Council further finds that the reclamation of mined lands, as provided in this ordinance, the State Act,
and the State Regulations, will permit the continued mining of minerals and will provide for the protection and
subsequent beneficial use of the mined and reclaimed land.
The City 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 therefore, may vary accordingly.
The City Council further finds that the purpose of the regulation of surface mining operations is to assure that:
A. Adverse environmental effects are prevented or minimized and that mined lands are reclaimed to a
usable condition which is readily adaptable for alternative land uses.
B. The production and conservation of minerals are encouraged, while giving consideration to values
relating to recreation, watershed, wildlife, and aesthetic enjoyment.
C. Residual hazards to the public health and safety are eliminated. (Ord. 4483, 1987)
22.14.020 Definitions.
A. "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 works
needed to determine the type, extent, or quantity of materials present.
B. "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 results from, or is used in, surface mining operations are located.
C. "Minerals" include any naturally occurring chemical element or compound, or groups, elements or
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.
D. "Mining Waste" includes the residual of soil, rock, tailings, mineral, liquid, vegetation, equipment, machines,
tools, or other materials or property directly resulting from, or displaced by, surface mining operations.
E. "Operator" means any person who is engaged in surface mining operations, himself, or who contracts with
others to conduct operations on his behalf.
F. "Overburden" includes soil, rock or other materials that lie above the natural mineral deposit or in between
deposits, before or after their removal, by surface mining operations.
G. "Permit" includes any formal authorization from or approval by, the City, the absence of which would
preclude surface mining operations.
H. "Person" means any individual, firm, association, corporation, organization, or partnership, or any city,
county, district, or the state or any department or agency thereof.
392-3 rev. 12/31/99