§ 18.04.180. Enforcement.

A.

If, after conducting the annual inspection or otherwise confirmed by an inspection of the mining operation, the director of resource management finds that the surface mining operation is not in compliance with the approved reclamation plan, the provisions of this chapter, or SMARA, the director of resource management may notify the operator and the owner of the subject property of that violation by personal service or certified mail. If the violation continues beyond thirty days after the date of issuance of the notice of violation, the director of resource management may issue an order by personal service or certified mail requiring compliance or, if the operator does not have an approved reclamation plan, to cease all further mining activities. Said order shall specify which aspects of the surface mine's activities or operations are inconsistent with the approved reclamation plan, the provisions of this chapter, or SMARA; shall specify a time for compliance which the director of resource management determines is reasonable, given the seriousness of the violation and any good faith efforts to comply with applicable requirements; shall set a date for a public hearing before the planning commission no sooner than thirty days after the date of issuance of the order; and shall not take effect until the operator has been provided a public hearing concerning the violation, unless it is determined by the director of resource management that the violation presents an immediate threat to public health or safety requiring immediate corrective action pending a planning commission hearing, and the operator has been given adequate notice and an opportunity to be heard by the director of resource management prior to the effective date of his or her order. (Authority PRC Section 2774.1(a) and (b))

B.

At the hearing, the planning commission shall determine whether or not the operator is complying with the approved reclamation plan or the provisions of this chapter and may affirm, modify or set aside the order issued by the director of resource management. The decision of the planning commission may be appealed within five calendar days to the board of supervisors.

C.

Any operator who fails to comply with an order issued by the director of resource management after the order's effective date, unless set aside by the planning commission or board of supervisors, or who fails to submit a report to the director of the Department of Conservation or county as required by PRC Section 2207, shall be subject to an order by the Director of resource management imposing an administrative penalty of not more than five thousand dollars per day, assessed from the original date of the director of resource manage-ment's notice of violation or noncompliance with PRC Section 2207. In determining the amount of the administrative penalty, the director of resource management shall take into consideration the nature, circumstances, extent and gravity of the violation or violations, any prior history of violations, the degree of culpability, economic savings, if any resulting from the violation, and any other matters justice may require. An order imposing an administrative penalty shall become effective upon issuance and payment shall be made to the county within thirty days, unless the operator petitions the board of supervisors for review of the order prior to the date on which the penalty payment is due. Said order shall be served by personal service or by certified mail upon the operator.

D.

If the operator petitions the board of supervisors in a timely manner for review of the order imposing an administrative penalty, the operator shall be notified by personal service or certified mail as to whether the board of supervisors will review the order and if so when the matter has been set for public hearing, or consider the order final as previously issued. If it determines to consider the petition on its merits, the board of supervisors may affirm, modify, or set aside, in whole or in part, by its own order, any order of the director of resource management imposing an administrative penalty. Any order of the board of supervisors shall become effective upon issuance thereof and shall be served by personal service or by certified mail upon the operator. Payment of an administrative penalty specified in the board of supervisor's order shall be made to the county within thirty days of service of the order.

E.

If a new mining operation commences without an approved reclamation plan, the county may initiate civil actions and proceedings pursuant to the general enforcement provision of Chapter 1.12 of this code, which may include abatement, injunctive actions and civil penalties.

(Ord. 95-6 § 2 (part), 1995)