No person who has obtained a vested right to conduct surface-mining operations prior to January 1, 1976, shall be required to secure a permit pursuant to the provisions of this chapter as long as such vested right continues and no substantial change is made in that operation. A person shall be deemed to have such vested rights if, prior to January 1, 1976, he had, in good faith and in reliance upon a permit or other authorization, if such permit or other authorization was required, diligently commenced surface-mining operations and incurred substantial liabilities for work and materials necessary therefor. Expenses incurred in obtaining the enactment of an ordinance in relation to a particular operation or the issuance of a permit shall not be deemed liabilities for work or materials. Any substantial change in the surface-mining operation subsequent to January 1, 1976, shall require the granting of a permit pursuant to this chapter. A person who has obtained a vested right to conduct surface mining operations prior to January 1, 1976, shall submit to the city clerk's office for approval by the city clerk, a reclamation plan for vested operations that are conducted after January 1, 1976, and shall apply for a special inspection permit from the maintenance supervisor in the same manner and with the same frequency as those mining operators required to obtain a permit pursuant to this chapter before commencing or expanding their operation. If a reclamation plan application is not on file and approved by the city clerk, the continuation of the surface-mining operation shall be prohibited until a reclamation plan is submitted and approved. Nothing in this chapter shall be construed as requiring the filing of a reclamation plan for, or the reclamation of, mined lands on which surface-mining operations were conducted prior to, but not after, January 1, 1976. All reclamation plans submitted to city hall for vested operations that are conducted after January 1, 1976, shall be accompanied by the appropriate fee. (Ord. 95-01 § 12, 1995)