This chapter shall be known and may be cited as the Sonoma County Surface Mining and Reclamation Ordinance. This chapter is adopted in order to comply with and implement the provisions of the Surface Mining and Reclamation Act of 1975 (Public Resources Code Sections 2710 et seq) as amended, and the applicable Public Resources Code (PRC) sections by adopting procedures for reviewing, approving and/or permitting surface mining operations, reclamation plans, and financial assurances in the unincorporated areas of Sonoma County.
Nothing contained herein is intended to modify or abridge the provisions of that act. The definitions and provisions of the act and the policy regulations adopted pursuant thereto are incorporated herein and this article shall be interpreted in a manner consistent therewith. The provisions of SMARA (PRC Sec. 2710 et seq.) related to surface mining and reclamation regulations, PRC Section 2207 related to annual reporting requirements, and Code of Regulations (CCR) Title 14, Division 2, chapter 8, subchapter 1, Section 3500 et seq., and regulations are made a part of this chapter by reference with the same force and effect as if the provisions therein were specifically and fully set out herein, excepting that when the provisions of this chapter are more restrictive than the correlative state provisions, this chapter shall prevail.
The provisions of this chapter shall be liberally construed to effectuate the purposes of this chapter and shall be applied in a manner that ensures their constitutionality.
(Ord. No. 5165 § 1, 1999.)
It is the intent of the board of supervisors to protect the quality of the county's environment, to protect against land uses incompatible with preservation and utilization of natural resources, and to assure the community of an adequate supply of these resources for present and future generations. It is the further intent of the board to:
(a)
Prevent or mitigate potential adverse effects on the environment, including air quality, groundwater, water quality, aquatic and wildlife habitat, flooding, soil erosion, sedimentation effects, and excessive noise;
(b)
Assure progressive reclamation concurrent with mining so that mined lands are returned to a condition adaptable for alternate land uses, with no residual hazards to public health or safety and with land and water resources maintained in a state beneficial to society; and
(c)
Assure that all mining be conducted in a manner consistent with the mineral resource management policies of the conservation element of the general plan;
(d)
Encourage the production and conservation of minerals essential to the continued economic well-being of the county and to the needs of the society;
(e)
Set standards regarding operational aspects of surface mining operations including, but not limited to:
(1)
Hours of operations,
(2)
Noise,
(3)
Dust,
(4)
Fencing,
(5)
Aesthetic considerations, and
(6)
The mitigation of potentially adverse environmental effects.
(Ord. No. 5165 § 1, 1999.)