Sec. 26A-13-010. - Monitoring program.

The Sonoma County permit and resource management department (PRMD) and qualified personnel under their direction and supervision shall be responsible for monitoring surface mining operations in the county and their effects on the environment. The scope of monitoring activities shall include mitigation monitoring, compliance inspections, data collection, and analysis, enforcement actions and related administration activities required by SMARA, the ARM plan, site-specific permit approvals, or the board of supervisors. The costs of the monitoring and inspection shall be paid by mining operators pursuant to Section 26A-09-010(s).

(a)

Intent. The intent of monitoring activities shall be conducted to:

(1)

Provide data on aggregate supply and demand which can be considered when making policy and permit decisions related to aggregate resources;

(2)

Assure that permit requirements and regulatory standards and procedures are adhered to; and

(3)

Monitor the effect of surface mining activities on river systems, groundwater aquifers, biotic resources, traffic, etc., so that any environmental impacts are recognized and the ARM plan's mitigation standards and the site-specific mitigation requirements can be evaluated and revised if necessary.

(b)

Production reports and data on individual operations submitted pursuant to Section 26A-09-010 (h) will be considered and handled as proprietary, confidential information consistent with the handling, storage, and disclosure guidelines formally adopted by the board of supervisors pursuant to Section 26-17-010 of this chapter.

(c)

Monitoring Compliance with Permit and Reclamation Requirements. Compliance with operation standards, permit conditions, and approved reclamation plans will be monitored during announced and/or unannounced site inspections of each mining operation by the PRMD staff or qualified professionals under the direction of PRMD. Each active quarry operation will be inspected at least once every ninety (90) days during the mining season. Each active instream and terrace operation will be inspected at least once every sixty (60) days during the mining season. PRMD records the findings of an annual inspection at each site on a state approved inspection form which and shall forward a copy of the inspection report form to the operator and state department of conservation.

(Ord. No. 5909, § XII, 12-7-2010; Ord. No. 5165, § 1, 1999.)

Sec. 26A-13-020. - Mineral resource protection.

(a)

Mineral resource areas that have been classified by the State Department of Conservation's Division of Mines and Geology, designated by the State Mining and Geology Board, or designated in the Sonoma County ARM plan, as well as existing surface mining operations that remain in compliance with the provisions of this chapter, shall be protected from intrusion by incompatible land uses that may impede or preclude mineral extraction or processing, to the extent possible for consistency with the Sonoma County general plan.

(b)

In accordance with PRC Section 2762, the ARM plan will be updated to reflect mineral information (classification and/or designation reports) within twelve (12) months of receipt from the State Mining and Geology Board of such information. Land use decisions within Sonoma County's unincorporated areas will be guided by information provided on the location of identified mineral resources of regional significance. Conservation and potential development of identified mineral resource areas will be considered and encouraged. Recordation on property titles of the presence of important mineral resources within the identified mineral resource areas may be encouraged as a condition of approval of any development project in the impacted area. Prior to approving a use that would otherwise be incompatible with mineral resource protection, conditions of approval may be applied to encroaching development projects to minimize potential conflicts.

(Ord. No. 5165 § 1, 1999.)

Sec. 26A-13-030. - Enforcement.

(a)

As set forth in Section 26A-13-010, the director shall monitor surface mining operations for compliance with their permit and/or reclamation plan requirements and county and state operating standards and reporting requirements. Whenever the director becomes aware that responsible parties are not complying with these requirements or conditions of approval, staff shall notify the responsible parties.

(b)

Where compliance has not been secured within thirty (30) days following notice, or such alternate time frame as is deemed reasonable, the director, or the appropriate county decision making body, shall follow the procedures set forth in Public Resources Code, Sections 2774.1 and 2774.2 concerning violations and penalties and/or the procedures established in Chapter 1 and/or Chapter 26 of this code for revocation or modification of use permits, abatement of nuisances, and issuing stop-work orders, and/or assessing penalties for violations. In addition, the director or the appropriate county decision-making body may, in his, her, or its discretion, seek any civil remedies or penalties available under law, which are necessary or appropriate under the circumstances. All such costs incurred by the county in obtaining compliance through the above measures shall be recorded and billed to the owner or operator as appropriate.

(c)

PRMD may arrange for correction of deficiencies by a third party and charge the total costs of such correction to the responsible parties and/or their financial assurances. Upon making a finding of public danger or emergency or serious threat to life and property, the director shall require the operator to stop work until such conditions no longer exist. The amount of fines imposed for noncompliance should reflect the amounts of aggregate and profit gained from the violation and/or the significance of the related environmental impacts.

(d)

The imposition of a penalty for any violation of this chapter shall not excuse the violation or permit it to continue; all such persons shall be required to correct or remedy such violation within a reasonable time; and when not otherwise specified in any notice of violation, each day or portion thereof during which such violation is committed or permitted shall constitute a separate violation.

(e)

Expenses. The director shall keep a record of all necessary expenses in carrying out any such project or activity, including a reasonable charge for the services performed by the county personnel and equipment and for any material used thereof.

(f)

Liability. The director shall notify the operator and his surety by order stating the amount of necessary expense incurred in correcting the deficiencies and a notice that the amount is due and payable to the county by the operator and the surety. If the amount specified in the order is not paid within thirty (30) days after receipt of the notice, the county may bring an action in a court of competent jurisdiction to collect the amount. The surety shall be liable to the county to the extent of the bond. Any additional amount owed to the county shall be recovered by claim against the operator or the property owner and shall be a lien on the land upon which operations are being conducted.

(g)

Revocation. In addition to other liability and remedies provided by law, failure to commence action to rectify deficiencies within thirty (30) days after notification by the director or failure to complete reclamation satisfactorily and timely on any segment of the permit area in conformance with the reclamation plan therefore shall constitute sufficient grounds for revocation of a permit and refusal to issue another permit to the delinquent operator until such deficiencies are corrected.

(Ord. No. 5165 § 1, 1999.)