17.52.140 Interim management plans.
A. Within ninety days of a surface-mining operation becoming idle, as defined in Section 2727.1 of the Public Resources Code, the operator shall file an application for an interim management plan with the city clerk in accordance with the provisions of this chapter. Said application shall include:
1. All information required under this chapter for the filing of a new application for a permit, unless the requirement is waived by the city clerk;
2. A statement explaining that the surface-mining operation is idle as defined in Section 2727.1 of the Public Resources Code;
3. An interim management plan which includes measures the operator will implement to maintain the site in accordance with the approved mining plan, the approved reclamation plan and the permit conditions;
4. A filing fee for review of the interim management plan which shall be the same amount as the filing fees for a reclamation plan submitted for vested operations conducted after January 1, 1976, as set forth;
5. Such additional information as shall be required by the city clerk.
B. Within sixty days of the receipt of a completed application for an interim management plan, the city clerk shall review and approve the application provided the interim management plan complies with the requirements specified in subsection A of this section and give notice by mail of the approval to the operator and any other person who has filed a written request for notice. Otherwise, the city clerk shall notify the operator in writing of any deficiencies in the plan. The operator shall have thirty days, or a longer period mutually agreed upon by the operator and the city clerk, to submit a revised plan. The city clerk shall approve or deny approval of the revised interim management plan within sixty days of receipt. If the city clerk denies approval of the revised interim management plan, the operator may appeal that action to the city council, which shall schedule a public hearing within forty-five days of the filing of the appeal, or any longer period mutually agreed upon by the operator and the city council. An application for an interim management plan shall not require a public hearing.
C. The interim management plan may remain in effect for a period not to exceed five years, at which time the city clerk shall do one of the following:
1. Renew approval of the interim management plan for another period not to exceed five years, if the city clerk finds that the operator has fully complied with the provisions of the interim management plan;
2. Require the operator to commence reclamation in accordance with its approved reclamation plan.
The determination by the city clerk to extend the term of the interim management plan or to require reclamation shall not require a public hearing. If the surface-mining operation is still idle after expiration of its interim management plan, the surface-mining operation shall commence reclamation in accordance with its approved reclamation plan.
D. Any financial assurance required in conjunction with approval of the permit shall remain in effect during the period the surface-mining operation is idle and until such time as reclamation is completed.
E. Unless review of an interim management plan is pending before the city clerk, or an appeal is pending before the city council, a surface-mining operation which remains idle for over one year after becoming idle as defined in Section 2727.1 of the Public Resources Code, without obtaining approval of an interim management plan, shall be considered abandoned and the operator shall commence and complete reclamation in accordance with the approved reclamation plan. (Ord. 95-01 § 14, 1995)