§ 16.04.100. Site inspections.

A.

As a condition of approval for the permit or the Reclamation Plan, or both, a schedule for periodic inspections of the site shall be established with the Director of Planning to evaluate continuing compliance with the permit and the Reclamation Plan.

B.

Except as otherwise required, the Director of the Planning Department or the Director's designee shall promptly conduct inspection of all surface mining operations in the County of Monterey and perform all acts which the Director deems necessary to implement the requirements of the Surface Mining and Reclamation Act of 1975, as may be amended from time to time.

C.

Each operator of a surface mining operation shall reimburse or pay to the County the full cost of the inspection services, including related administrative costs, required pursuant to the Act. The Director of Planning is authorized to enter into such agreements with operators or surface mining operations, as the Director deems appropriate, approved as to form by County Counsel, in order to ensure full recovery of all of the County's costs in the implementation of the Act.

D.

The Planning Department shall arrange for inspection of a surface mining operation within six months of receipt of the Annual Report required in Section 16.04.060, to determine whether the surface mining operation is in compliance with the approved use permit, or coastal permit, or Reclamation Plan, approved financial assurances, and State regulations. In no event shall less than one inspection be conducted in any calendar year. Said inspections may be made by a State-registered geologist, State-registered civil engineer, State-licensed landscape architect, or State-registered forester, who is experienced in land reclamation and who has not been employed by the mining operation in any capacity during the previous twelve (12) months, or other qualified specialists, as selected by the Director of the Planning Department. All inspections shall be conducted using a form approved and provided by the State Mining and Geology Board.

The Planning Department shall notify the State Department of Conservation within thirty (30) days of completion of the inspection that said inspection has been conducted, and shall forward a copy of said inspection notice and any supporting documentation to the mining operator and State Department of Conservation. The operator shall be solely responsible for the reasonable cost of such inspection.

(Ord. 4029, 1999; Ord. 3585, 1992; Ord. 3007 § 6, 1984; Ord. 2402 § .018, 1978)

(Ord. No. 5135, § 14, 7-7-2009)