SECTIONS 3960-3968 - California Statutes

PUBLIC RESOURCES CODE

SECTION 3960-3968

3960. This chapter does not apply to any placer mine operator who
holds a permit to operate from the California Debris Commission.

3961. Any person, firm, or corporation who engages in the operation
of a placer mine on any stream or on the watershed of any stream
tributary directly or indirectly to the Sacramento River or the San
Joaquin River shall record a verified statement in the office of the
county recorder of the county in which his or her mine is situated,
within 30 days after the commencement of operations.

3962. The verified statement shall be verified by the operator or
by someone in his or her behalf and shall contain all of the
following information:
(a) A description of the ground proposed to be mined by placer
mining methods, described by United States government subdivisions if
possible.
(b) The names and addresses of the owners of the ground.
(c) The names and addresses of the operators of the mine.
(d) The proposed means or method of placer mining operation.
(e) The means which the operator proposes to use to prevent the
pollution of any stream by the effluent from the operations.

3963. Within 10 days after an owner or operator changes his or her
address, or transfers the ownership or changes the operator of any
mining property, a notice setting forth the names and addresses of
the new owners or operators shall be filed in the office of the
county recorder.

3964. No placer mining operator shall mine by the placer process on
any stream or on the watershed of any stream tributary directly or
indirectly to the Sacramento River or the San Joaquin River without
taking both of the following precautions to prevent pollution of the
stream by the effluent from his or her operations:
(a) Constructing a settling pond or ponds of sufficient size to
permit the clarification of water used in the mining processes before
the water is discharged into the stream.
(b) Mixing with the effluent from mining operations aluminum
sulphate and lime, or an equivalent clarifying substance which will
cause the solid material in the effluent to coagulate and thus avoid
rendering the water in the stream unfit for domestic water supply
purposes.

3965. Notwithstanding subdivision (b) of Section 3964, any placer
miner who is operating by dredging process, and who desires to
transport his or her dredger across a stream, may conduct the dredger
across the stream without constructing a settling pond, if he or she
is of the opinion that the expense of constructing settling ponds in
the stream would be unduly heavy.
Before transporting the dredger, the operator shall use the
following procedure:
(a) He or she shall give a notice of the intent to cross a stream
to the clerk or the secretary of each city or district owning or
operating a domestic water supply whose clarity is likely to be
affected by the crossing operation.
(b) The notice shall be given at least seven days in advance of
the date that he or she expects to cross the stream with the dredger.
(c) Upon the expiration of the notice, the operator may, during
the following 48 hours, conduct the dredger across the stream even
though some turbidity may be caused by the crossing operation.
(d) After crossing the stream, the operator shall comply with
subdivision (b) of Section 3964.

3966. Any person, firm, or corporation who violates this chapter is
guilty of a misdemeanor.

3967. The operation of any placer mine on ground not covered by a
permit issued to the operator from the California Debris Commission,
without compliance with this chapter, is declared to be a public
nuisance which may be enjoined upon suit brought by the district
attorney of the county in which the operation has been conducted, or
by any city or district whose domestic water supply is rendered unfit
or dangerous for human consumption by the acts, or failure to act,
of the operator.
The superior court of the county in which the operation is
conducted has jurisdiction to hear and determine the action and to
award relief as may be proper.

3968. Nothing in this chapter deprives the state, any city, county,
district, person, firm, or corporation of any right to maintain any
action or proceeding, in any jurisdiction, which it was entitled to
maintain prior to April 8, 1953, or to receive or obtain in the
action any remedy accorded to it under existing law.