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HomeMy WebLinkAboutOrdinance 2002.08 Adopting Article 9-10 of the town code relating to surface mining F. ~ RODRIGUEZ, RECORDER DOCKET: 11757 RECORDED BY: VLJ ~/~~~1 ~-- ""-~" PAGE: 919 DEPUTY RECORDER //~/~ NO. OF PAGES: 9 7995 PE4 SEQUENCE: 20020510303 SMARA 03/15/2002 TOW~ OF MARA/~A ORDIN 13: 49 ATTN: TOWN CLERK 13251 N LON ADAMS RD MAIL MARANA AZ 85653 AMOUNT PAID $ 10.00 MARANA ORDINANCE NO. 2002.08 AN ORDINANCE OF THE TOWN OF MARANA, ARIZONA, ADOPTING ARTICLE 9-10 (SURFACE MINING AND RECLAMATION) OF TH~ TOWN CODE AS MADE INTO PUBLIC RECORD UNDER RESOLUTION 2002-28, W-I-~CH REGULATES SURFACE M~ING ACTIVITIES. WHEREAS, the Town Council did approve Ordinance No. 96.09, which adopted Chapter 9 of the Town Code entitled "Business Regulations"; and WHEREAS, the Town Council has amended the Town Code fi.om time to time; and WHEREAS, the Mayor and Council of the Town of Marana have determined that surface mining activities may cause serious adverse environmental effects on the lands on which they are conducted; and WHEREAS, the Mayor and Council have determined that such adverse effects may be prevented or minimized by requiring surface mining activity operators to reclaim the lands on which those activities are conducted a~er mining operations have ceased; and WHEREAS, the Mayor and Council have determined that preventing or minimizing such adverse effects is in the Town's best interest; and WHEREAS, the Mayor and Council have determined that the production and conservation of minerals is beneficial to the Town and its residents; and WHEREAS, the Mayor and Council have determined that it is in the Town's best interest to allow surface mining activities, while giving consideration to values relating to recreation, watershed, wildlife, range and forage, and aesthetic enjoyment; and WHEREAS, the Mayor and Council have determined that surface mining activities may present certain residual hazards to the public safety and health; and --": WHEREAS, the Mayor and Council have determined that it is in the Town's best interest to minimize such hazards to the public safety and health; and WHEREAS, that certain document entitled "ARTICLE 9-10 (SURFACE MINING AND RECLAMATION)," three copies of which are on file in the office of the Town Clerk, having been made a public record by adoption of Resolution No. 2002-28, accomplishes the aforementioned 9 goals. Manma, Arizona Ordiaam~ No. 2002.08 Page 1 of 2 NOW, THEREFORE, BE IT ORDAENrED by the Mayor and Council of the Town of Marana, Arizona, as follows: Section 1. Chapter 9 of the Marana Town Code is hereby amended by adopting that certain docmnent entitIed "ARTICLE 9-10 (SURFACE MINING AND RECLAMATION)," three copies of which are on file in the office of the Town Clerk, having been made a public record by adoption of Resolution 2002z28. Section 2. The various town officers and employees are authorized and directed to perform ali acts necessary or desirable to give effect to this ordinance and portion of the Town Code. Section 3. All ordinances, resolutions, or motions and parts of ordinances, resolutions, or motions of the council in conflict with the provisions of this ordinance are hereby repealed, effective as of the effective date of this ordinance· Section 4. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 5~h day of Mamh, 2002. ATTEST: .... . APPROVED ,AS TO FORM: '~'" ': ' · ~.e~? ~-" As Town Attorney and not personally Marana, Arizona Ordinance No. 2002.08 Page 2 of 2 Article 9-10 SURFACE MINING AND LAND RECLAMATION Section 9-10-1 Purpose and Intent It is the purpose and intent of this article to establish an effective and comprehensive surface mining and reclamation policy including regulation of surface mining operations so as to assure that: A. Adverse environmental effects are prevented or minimized and that mined lands are reclaimed in a timely manner, to a usable condition which is readily adapted for alternative land use. B. The production and conservation of minerals are encouraged, while giving consideration to values relating to recreation, watershed, wildlife, range and forage, and aesthetic enjoyment. C. Residual hazards to public health and safety are eliminated. Section 9-10-2 Definitions For the purposes of this article the following definitions shall apply: A. "Financial assurance amount" means that amount of money necessary to conduct a complete reclamation on the mined lands in accordance with the approved reclamation plan, plus a reasonable estimate of the administrative costs and expenses which would be incurred by the Town of Marana. B. "Financial assurance" means a bond, instrument, fund or other form of financial assurance acceptable to the Town. C. "Government mine" means any surface mine owned and operated by federal, state or local governmental entity. D. "Idle" means to curtail fora period of one year or more surface mining operations by more than 90 percent of the operation's previous maximum annual mineral production, with the intent to resume those surface mining operations at a future date. E. "Interim management plan" is the plan which the operator of an idle mine shalr submit and gain approval for, in order to assure that the site shall be maintained in compliance with the approved recIamation plan, use permit, and applicable conditions, until the mine operation is resumed or the mine is fully reclaimed in accordance with the approved reclamation plan. F. "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. G. "Minerals" means any naturally occurring compound, or groups of elements and compounds, formed from inorganic processes and organic substances, including, but not limited to sand, gravel and rock. H. "Mining waste" includes 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, excluding stockpiles as defined herein. "Operator" means any person who is engaged in surface mining operations himself, or who contracts with others to conduct operations on his behalf, except a person who is engaged in surface mining operations as an employee with wages as his sole compensation. J. "Overburden" means 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. K. "Person" includes any individual, firm, association, corporation, organization, or partnership, or any city, county, district, or the state or any department or agency thereof. L. "Pledge of revenue" means a financial assurance mechanism by which a governmental entity proposes to make specific, identified future revenue available to perform reclamation pursuant to the approved reclamation plan. M. "Reclamation" means the combined process of land treatment that minimizes water degradation, air pollution, damage to aquatic or wildlife habitat, flooding, erosion, or other adverse effects from 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 use 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, restoration of water bodies, and slope stability or other measures. "Reclamation plan" means the plan required by the Town pursuant to this article and adopted in accordance therewith and should include beginning and estimated ending dates for each phase, all reclamation activities required, criteria for measuring completion of activities and estimated costs for each phase of reclamation. O. "Sand and gravel operation" means any operation the principal product of which is sand, gravel, pumice or any other common variety of mineral. P. "Stockpile" means a volume of stored mined material which is residual or secondary material extracted during a surface mining operation and which has a demonstrated future economic value sufficient to warrant its protection and preservation. Q. "Surface mining operations" means all, or 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 auger methods, dredging, and quarrying. Surface mining operations include, but are not limited to: 1. In place distillation, retorting or leaching. 2. The producing and disposal of mining wastes. 3. Prospecting and exploratory activities. 4. Borrow pitting, streambed skimming, segregation and stockpiling of mined materials (and recovery of same). Section 9-10-3 Scope A. The provisions of this article shall apply to all the incorporated areas of the Town. B. The provisions of this article are not applicable to: 1. Excavation or grading for farming, onsite construction, or restoration of land following a flood or natural disaster or other activities separately regulated by Town ordinances. 2. Reclamation of lands mined prior to February 5, 2002, unless subject to approved development agreements and zoning conditions enacted or agreed to after February 5, 2002. 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. 4. Prospecting for, or the extraction of, minerals for commercial purpose and the removal of overburden in total amounts of less than one thousand cubic yards in any one location of one acre or less. Section 9-10-4 Reclamation Plan Requirements A. Any person who proposes to engage in a surface mining activity shall, prior to the commencement of the operations, obtain approval of a permit to mine, submit a reclamation plan, and have financial assurances in place sufficient to implement the approved plan. Approval to mine and approval of the reclamation plan, in accordance with the provisions set forth in this article, shall be obtained from the Marana Development Services Director. B. The reclamation plan shall be applicable to a spec[ftc piece of property or properties, shall be based upon the character of the surrounding area and such characteristics of the property as type of overburden, soil stability, topography, geology, climate, stream characteristics, and principal mineral commodities, and shall establish site- specific criteria for evaluating compliance with the approved reclamation plan, including topography, revegetation, sediment and erosion control, and current and proposed zoning. The reclamation plan shall include a certification by the operator that all public agencies having possible jurisdiction over the surface mining activity, including but not limited to county, state and federal agencies, have reviewed and approved the plan, and that all necessary permits have been obtained. C. Reclamation plans issued pursuant to this article shall be Cecorded with the county recorder and shall run with the land affected thereby and shall be binding on all successors, heirs, and assigns of the permittee. D. Applicants having a surface mining operation that involves separate, noncontiguous parcels of land may file one reclamation plar~ for the entire operation covering each parcel of land, provided that the type of operation is the same on each parcel of land and each parcel of land is identified in the reclamation plan. Aseparate phasing schedule shall be required for each parcel. Section 9-10-5 Application All applications for a reclamation plan for any mining operation shall be made on forms provided by Town Development Services Department. The application shall be filed in accordance with this article and procedures established by the Town. Section 9-10-6 Fees A. The fees for a reclamation plan, amendment to reclamation plan, and interim Management Plan shall be as the same as those set forth in the Town fee schedule for development plans, and shall be paid to the Development Services Department at the time of filing of the reclamation plan amendment to reclamation plan, or interim management plan. B. A business license fee shall be paid the Town of Marana for inspections and monitoring cfa surface mine as set forth in section 9-1~3 of the Marana Town Code. Section 9-10-7 Financial Assurances A. In order to ensure that reclamation will proceed in accordance with the approved Reclamation Plan, the Town shall require as a condition of approval financial assurances. B. Financial assurances may take the form of surety bonds, irrevocable letters of credit, trust funds or other mechanisms acceptable to the Town. C. Public Agencies may satisfy financial assurance requirements by using "Pledges of Revenue" or "Budget Set Aside" as acceptable financial assurances mechanisms. D. The financial assurances shall remain in effect for the duration of the surface mining operation and any additional pedod until reclamation is completed. E. The amount of the financial assurances shall be calculated by the applicant based on the projected expense to complete the reclamation for the intended future use as approved by the Development Services Director. Approval of the amount of financial assurances will be subject to the review and approval of the Development Services Director. F. The amount of financial assurances required of a surface mining operation for any one year shall be adjusted annually to account for new lands disturbed by surface mining operations, inflation, and reclamation of lands accomplished in accordance with the approved reclamation plan. G. The financial assurances shall be made payable to the Town of Marana. However, if a surface mining operation has received approval of its financial assurances from a public agency other than the Town, the Town shall review those financial assurances to ascertain whether they are adequate for purposes of this section, or shall credit them toward fulfillment of the financial assurances required by this section, if they are made payable to the Town of Marana. H. If a sand and gravel surface mining operation is sold or ownership is transferred to another person, the existing financial assurances shall remain in force and shall not be released by the Town of Marana until new financial assurances are secured from the new owner and have been approved by the Town. I. The release of financial assurances shall be with the concurrence of all agencies named on the financial assurance. The criteria for release of financial assurances, or part of the financial assurances, shall be made part of the Reclamation Plan. In no case shall the financial assurance be released until reclamation has been completed. J. The amount of financial assurances shall be reviewed and adjusted, if required, pursuant to section 9-10-10. Section 9-10-8 Public Records Reclamation plans, reports, applications and other documents submitted pursuant to this article are public records unless it can be demonstrated to the satisfaction of the Town that the release of such information, or any part thereof, would reveal production, reserves, or rate of depletion entitled to protection as proprietary information and is not required by law. The Town shall identify such proprietary information as a separate part of each application. Proprietary Information shall be made available to persons other than the mine operator or mine owner only when authorized by law or by the mine operator and by the mine owner. Section 9-10-9 Procedures Once all required and approved documents and other related materials and requirements are submitted and approved as required under this article, including the submittal of the financial assurances in the amount approved by the Development Services Director, the Development Services Director shall expeditiously issue approval to commence operation of the approved surface mining operation and reclamation plan. Section 9-10-10 Periodic Review and Inspections A. The Town shall monitor and inspect each surface mining operation on a regular basis. B. The required financial assurances shall be reviewed annually by the Town. Financial assurances shall be adjusted to account for new lands disturbed by surface mining operations, inflation, reclamation of lands accomplished in accordance with the approved reclamation plan, or other factors related to the cost of reclamation which have changed since the previous review. C. At the time of the annual inspection, the mine operator sh~ll make available to the Town an updated reclamation cost estimate prepared by the operator. D. The person in charge of the surface mining operation shall make the surface mining operation open and available for such monitoring and inspection during regular Town and operator business hours or at ~uch other times as may be mutually agreed upon by him and the Development Services Department. The provisions of this subsection shall be deemed to be a condition of the reclamation plan. E. The Development Services Department shall make a report of the results of the inspection. This report shall be filed with the Development Services Director. Section 9-10-11 Idle Mine - Interim Management Plans Within ninety (90) days of a surface mining operation becoming idle, the operator shall submit an Interim Management Plan. The Interim Management Plan shall be developed in accordance with this article, interim Management Plans shall be sent to the Development Services Director for review in the same manner as amendments to Reclamation Plans. Financial Assurances as required shall remain in effect during the period that the surface mining operation is idle. Section 9-10-12 Amendments to Plan Amendments to an approved reclamation plan may be submitted detailing proposed changes from the original plan. Substantialdeviations from the original plan shall not be undertaken until such amendment has been filed and approved, in the same manner as established herein for original application. The foregoing notwithstanding, in emergency situations where irreversible physical damage to the environment may occur, an operator may take such action which is necessary to prevent such damage and shall forthwith report the taking of the action to the Development Services Department. Applications for an amendment are subject to the fee in accordance with Section 9-10-6. Section 9-10-13 Enforcement A. Where it appeam to the Development Services Department that a surface mining operation is in violation of any condition of an approved reclamation plan or applicable statute, regulation, or ordinance, the Development Services Department shall serve formal notice to the Operator stating the nature of the violation and the specified time frame to correct the violation before an order is issued. B. The time within which the permittee must commence correction of the violation shall be sooner than sixty (60) days from the notice of violation. C. An order shall be issued if the Operator fails to comply with the notice within the specified time limit. Not sooner than 30 days after the date of the order, ahearing shall be held by the Development Services Director or his designee, for which at least ten days' written notice has been given to the operator. The order shall not take effect until the Operator has been provided the hearing. The date of issuance of the order is the date of receipt by the operator. D. Failure to comply with the order shall be subject to an order setting administrative penalties. Penalties shall be assessed from date of original non-compliance. E. In determining the amount of administrative penalty, the Town shall take into consideration the nature, circumstances, extent, and gravity of the violation or violations, any prior history of violations, the degree of culpability, economic savings, if any, resulting from the violation, and any other matters justice may require. F. Orders setting administrative penalties shall become effective upon issuance thereof and payment shall be made to the Development Services Department, unless the operator files an appeal with the Town Manager within 30 days. The Town Manager shall notify the operator by personal service or certified mail whether it will review the order setting administrative penalties. If after hearing, the Town Manager affirms the order, the operator shall pay the administrative penalties set bythe Town Manager's order within 30 days of the service of that order. G. The provisions of this article shall be enforced by the Development Services Director, the Assistant Town Manager, Town Manager, or a designated appointee. H. Notwithstanding the foregoing, a violation of this article may be enforced by the Town by the use of any legal or equitable remedy the Town may have. Section 9-10-14 Application Fees No application shall be accepted unless it is in full compliance with all requirements of this article, and accompanied by the fee specified in section 9-10-6 of the Marana Town Code. No part of any required fee shall be returnabJe, and every such fee shalJ be deposited with the Town.