SECTIONS 2710-2719 - California Statutes

PUBLIC RESOURCES CODE

SECTION 2710-2719

2710. This chapter shall be known and may be cited as the Surface
Mining and Reclamation Act of 1975.

2711. (a) The Legislature hereby finds and declares that the
extraction of minerals is essential to the continued economic
well-being of the state and to the needs of the society, and that the
reclamation of mined lands is necessary to prevent or minimize
adverse effects on the environment and to protect the public health
and safety.
(b) The Legislature further finds that the reclamation of mined
lands as provided in this chapter will permit the continued mining of
minerals and will provide for the protection and subsequent
beneficial use of the mined and reclaimed land.
(c) The Legislature further finds that surface mining takes place
in diverse areas where the geologic, topographic, climatic,
biological, and social conditions are significantly different and
that reclamation operations and the specifications therefor may vary
accordingly.

2712. It is the intent of the Legislature to create and maintain an
effective and comprehensive surface mining and reclamation policy
with regulation of surface mining operations so as to assure that:
(a) Adverse environmental effects are prevented or minimized and
that mined lands are reclaimed to a usable condition which is readily
adaptable for alternative land uses.
(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 the public health and safety are
eliminated.

2713. It is not the intent of the Legislature by the enactment of
this chapter to take private property for public use without payment
of just compensation in violation of the California and United States
Constitutions.

2714. This chapter does not apply to any of the following
activities:
(a) Excavations or grading conducted for farming or the immediate
excavation or grading of lands affected by a flood or natural
disaster for the purpose of restoring those lands to their prior
condition.
(b) Onsite excavation and onsite earthmoving activities that are
an integral and necessary part of a construction project and that are
undertaken to prepare a site for construction of structures,
landscaping, or other land improvements associated with those
structures, including the related excavation, grading, compaction, or
the creation of fills, road cuts, and embankments, whether or not
surplus materials are exported from the site, subject to all of the
following conditions:
(1) All required permits for the construction, landscaping, or
related land improvements have been approved by a public agency in
accordance with applicable provisions of state law and locally
adopted plans and ordinances, including, but not limited to, Division
13 (commencing with Section 21000).
(2) The lead agency's approval of the construction project
included consideration of the onsite excavation and onsite
earthmoving activities pursuant to Division 13 (commencing with
Section 21000).
(3) The approved construction project is consistent with the
general plan or zoning of the site.
(4) Surplus materials shall not be exported from the site unless
and until actual construction work has commenced and shall cease if
it is determined that construction activities have terminated, have
been indefinitely suspended, or are no longer being actively pursued.
(c) Operation of a plant site used for mineral processing,
including associated onsite structures, equipment, machines, tools,
or other materials, including the onsite stockpiling and onsite
recovery of mined materials, subject to all of the following
conditions:
(1) The plant site is located on lands designated for industrial
or commercial uses in the applicable county or city general plan.
(2) The plant site is located on lands zoned industrial or
commercial, or are contained within a zoning category intended
exclusively for industrial activities by the applicable city or
county.
(3) None of the minerals being processed are being extracted
onsite.
(4) All reclamation work has been completed pursuant to the
approved reclamation plan for any mineral extraction activities that
occurred onsite after January 1, 1976.
(d) Prospecting for, or the extraction of, minerals for commercial
purposes where the removal of overburden or mineral product totals
less than 1,000 cubic yards in any one location, and the total
surface area disturbed is less than one acre.
(e) 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.
(f) Any other surface mining operations that the board, as defined
by Section 2001, determines to be of an infrequent nature and which
involve only minor surface disturbances.
(g) The solar evaporation of sea water or bay water for the
production of salt and related minerals.
(h) Emergency excavations or grading conducted by the Department
of Water Resources or the Reclamation Board for the purpose of
averting, alleviating, repairing, or restoring damage to property due
to imminent or recent floods, disasters, or other emergencies.
(i) (1) Surface mining operations conducted on lands owned or
leased, or upon which easements or rights-of-way have been obtained,
by the Department of Water Resources for the purpose of the State
Water Resources Development System or flood control, and surface
mining operations on lands owned or leased, or upon which easements
or rights-of-way have been obtained, by the Reclamation Board for the
purpose of flood control, if the Department of Water Resources
adopts, after submission to and consultation with, the Department of
Conservation, a reclamation plan for lands affected by these
activities, and those lands are reclaimed in conformance with the
standards specified in regulations of the board adopted pursuant to
this chapter. The Department of Water Resources shall provide an
annual report to the Department of Conservation by the date specified
by the Department of Conservation on these mining activities.
(2) Nothing in this subdivision shall require the Department of
Water Resources or the Reclamation Board to obtain a permit or secure
approval of a reclamation plan from any city or county in order to
conduct surface mining operations specified in paragraph (1). Nothing
in this subdivision shall preclude the bringing of an enforcement
action pursuant to Section 2774.1, if it is determined that a surface
mine operator, acting under contract with the Department of Water
Resources or the Reclamation Board on lands other than those owned or
leased, or upon which easements or rights-of-way have been obtained,
by the Department of Water Resources or the Reclamation Board, is
otherwise not in compliance with this chapter.
(j) (1) Excavations or grading for the exclusive purpose of
obtaining materials for roadbed construction and maintenance
conducted in connection with timber operations or forest management
on land owned by the same person or entity. This exemption is limited
to excavation and grading that is conducted adjacent to timber
operation or forest management roads and shall not apply to onsite
excavation or grading that occurs within 100 feet of a Class One
watercourse or 75 feet of a Class Two watercourse, or to excavation
for materials that are, or have been, sold for commercial purposes.
(2) This exemption shall be available only if slope stability and
erosion are controlled in accordance with subdivision (f) of Section
3704 and subdivision (d) of Section 3706 of Title 14 of the
California Code of Regulations and, upon closure of the site, the
person closing the site implements, where necessary, revegetation
measures and postclosure uses in consultation with the Department of
Forestry and Fire Protection.
(k) Excavations, grading, or other earthmoving activities in an
oil or gas field that are integral to, and necessary for, ongoing
operations for the extraction of oil or gas that comply with all of
the following conditions:
(1) The operations are being conducted in accordance with Division
3 (commencing with Section 3000).
(2) The operations are consistent with any general plan or zoning
applicable to the site.
(3) The earthmoving activities are within oil or gas field
properties under a common owner or operator.
(4) No excavated materials are sold for commercial purposes.

2715. No provision of this chapter or any ruling, requirement, or
policy of the board is a limitation on any of the following:
(a) On the police power of any city or county or on the power of
any city or county to declare, prohibit, and abate nuisances.
(b) On the power of the Attorney General, at the request of the
board, or upon his own motion, to bring an action in the name of the
people of the State of California to enjoin any pollution or
nuisance.
(c) On the power of any state agency in the enforcement or
administration of any provision of law which it is specifically
authorized or required to enforce or administer.
(d) On the right of any person to maintain at any time any
appropriate action for relief against any private nuisance as defined
in Part 3 (commencing with Section 3479) of Division 4 of the Civil
Code or for any other private relief.
(e) On the power of any lead agency to adopt policies, standards,
or regulations imposing additional requirements on any person if the
requirements do not prevent the person from complying with the
provisions of this chapter.
(f) On the power of any city or county to regulate the use of
buildings, structures, and land as between industry, business,
residences, open space (including agriculture, recreation, the
enjoyment of scenic beauty, and the use of natural resources), and
other purposes.

2715.5. (a) The Cache Creek Resource Management Plan, in
conjunction with a site specific plan deemed consistent by the lead
agency with the Cache Creek Resource Management Plan, until December
31, 2012, shall be considered to be a functional equivalent of a
reclamation plan for the purposes of this chapter. No other
reclamation plan shall be required to be reviewed and approved for
any excavation project subject to the Cache Creek Resource Management
Plan that is conducted in conformance with an approved site specific
plan that is consistent with the Cache Creek Resource Management
Plan, and the standards specified in that plan governing erosion
control, channel stabilization, habitat restoration, flood control,
or infrastructure maintenance, if that plan is reviewed and approved
by a lead agency pursuant to this chapter.
(b) For purposes of this section, the board of supervisors of the
county in which the Cache Creek Resource Management Plan is to be
implemented shall prepare and file the annual report required to be
prepared pursuant to Section 2207.
(c) Nothing in this section precludes an enforcement action by the
board or the department brought pursuant to this chapter or Section
2207 if the lead agency or the director determines that a surface
mining operator, acting under the authority of the Cache Creek
Resource Management Plan, is not in compliance with the requirements
of this chapter or Section 2207.
(d) "Site specific plan," for the purposes of this section, means
an individual project plan approved by the lead agency that is
consistent with the Cache Creek Resource Management Plan. Site
specific plans prepared in conformance with the Cache Creek Resource
Management Plan shall, at a minimum, include the information required
pursuant to subdivision (c) of Section 2772, shall comply with the
requirements of Article 9 (commencing with Section 3700) of
Subchapter 1 of Chapter 8 of Division 2 of Title 14 of the California
Code of Regulations, and shall be provided along with a financial
assurance estimate to the department for review and comment pursuant
to Section 2774. Notwithstanding the number of days authorized by
paragraph (1) of subdivision (d) of Section 2774, the department
shall review the site specific plan and the financial assurance
estimate and prepare any written comments within 15 days from the
date of receipt of the plan and the estimate.
(e) Prior to engaging in an excavation activity in conformance
with the Cache Creek Resource Management Plan, a surface mining
operation shall be required to obtain financial assurances that meet
the requirements of Section 2773.1.
(f) This section shall not become operative until the date the
State Mining and Geology Board notifies the Secretary of State in
writing that the board has approved an ordinance adopted by the Board
of Supervisors for the County of Yolo that governs in-channel
noncommercial extraction activities carried out pursuant to the Cache
Creek Resources Management Plan.
(g) This section shall remain in effect only until December 31,
2012, and as of that date is repealed, unless a later enacted statute
that is enacted before December 31, 2012, deletes or extends that
date.

2716. (a) Any interested person may commence an action on his or
her own behalf against the board, the lead agency, the State
Geologist, or the director for a writ of mandate pursuant to Chapter
2 (commencing with Section 1084) of Title 1 of Part 3 of the Code of
Civil Procedure to compel the board, the State Geologist, or the
director to carry out any duty imposed upon them pursuant to this
chapter.
(b) For purposes of this section, "person" means an individual,
firm, association, corporation, organization, or partnership, or a
city, county, district, or the state or any department or agency of
the state.

2717. (a) The board shall submit to the Legislature on December 1st
of each year a report on the actions taken pursuant to this chapter
during the preceding fiscal year. The report shall include a
statement of the actions, including legislative recommendations, that
are necessary to carry out more completely the purposes and
requirements of this chapter.
(b) For purposes of ensuring compliance with Sections 10295.5 and
20676 of the Public Contract Code, the department shall, at a
minimum, quarterly publish in the California Regulatory Notice
Register, or otherwise make available upon request to the Department
of General Services or any other state or local agency, a list
identifying all of the following:
(1) Surface mining operations for which a report is required and
has been submitted pursuant to Section 2207 that indicates all of the
following:
(A) The reclamation plan and financial assurances have been
approved pursuant to this chapter.
(B) Compliance with state reclamation standards developed pursuant
to Section 2773.
(C) Compliance with the financial assurance guidelines developed
pursuant to Section 2773.1.
(D) The annual reporting fee has been submitted to the Department
of Conservation.
(2) Surface mining operations for which an appeal is pending
before the board pursuant to subdivision (e) of Section 2770,
provided that the appeal shall not have been pending before the board
for more than 180 days.
(3) Surface mining operations for which an inspection is required
and for which an inspection notice has been submitted by the lead
agency pursuant to Section 2774 that indicates both compliance with
the approved reclamation plan and that sufficient financial
assurances, pursuant to Section 2773.1, have been approved and
secured.

2718. If any provision of this chapter or the application thereof
to any person or circumstance is held invalid, such invalidity shall
not affect other provisions or applications of the chapter which can
be given effect without the invalid provision or application, and to
this end the provisions of this chapter are severable.

2719. Notwithstanding any other provision of law, neither the state
nor any county, city, district, or other political subdivision shall
be exempt from any fee imposed upon a mining operation pursuant to
subdivision (d) of Section 2207.