33.05.140 Interim management plans (IMP) for idle operations.
Within 90 days of a surface mining operation becoming idle (as defined by SCC 33.05.030), the operator shall submit, and the Planning Department shall process, a proposed interim management plan (IMP) as provided by this subsection.
A. Content of IMP. The proposed IMP shall comply with the requirements of Cal. Pub. Res. Code § 2770(h), and shall describe measures the operator will implement to maintain the site in compliance with SMARA, including but not limited to all conditions of the special use permit for surface mining and/or the reclamation plan.
B. Processing of IMP. A proposed IMP shall be processed as an amendment to the approved reclamation plan, and shall not be considered a “project” for purposes of environmental review, pursuant to Cal. Pub. Res. Code § 2770(h).
1. Referral to State. Upon receipt of a complete proposed IMP, and at least 45 days prior to action on the IMP by the granting authority pursuant to subsection (B)(2) of this section, the Planning Department shall forward the IMP to the California Department of Conservation for review.
2. Approval or Denial of IMP. Within 60 days of receipt of a proposed IMP, or longer period mutually agreed upon by the Planning Director and the operator, the granting authority shall review and approve or deny the IMP in accordance with this section. In the event of a denial, the operator shall have 30 days (or longer period mutually agreed upon by the Planning Director and the operator) to submit a revised IMP. The granting authority shall approve or deny the revised IMP within 60 days of receipt. The denial of a revised IMP by the granting authority may be appealed as provided by SCC 20.05.130 (General procedures for land use appeal hearings).
C. Continuation of Financial Assurances. Financial assurances for idle operations shall be continued as provided by the reclamation plan or as otherwise approved through the IMP for the idle mine.
D. Duration of IMP. An IMP may remain in effect for a maximum of five years, at which time the granting authority may renew the IMP for a maximum of another five years, or require the surface mining operator to commence reclamation in accordance with the approved reclamation plan. (Formerly 33.014)