§ 8.40.020. Definitions.

As used in this chapter:

A.

"Exploration" or "prospecting" mean the search for minerals by geological, geophysical, geochemical or other techniques, including, but not limited to, sampling, assaying, drilling or any surface or underground works needed to determine the type, extent or quality of the mineral present.

B.

"Mined lands" includes the surface, subsurface and groundwater of an area in which surface mining operations will be, are being, or have been conducted, including private ways and roads appurtenant to any such area, land excavations, workings, mining waste, and areas in which structures, facilities, equipment, machines, tools or other materials or property which result from, or are used in, surface mining operations, are located.

C.

"Minerals" means any naturally occurring chemical element or compound, or groups of elements and compounds, formed from inorganic processes and organic substances, including, but not limited to, sand, gravel, aggregate, coal, peat and bituminous rock, but excluding geothermal resources, natural gas and petroleum.

D.

"Mining waste" includes the residual of soil, rock, mineral, liquid, vegetation, equipment, machines, tools or other materials or property directly resulting from, or displaced by, surface mining operations.

E.

"Operator" means any person who is engaged in surface mining operations, himself, or who contracts with others to conduct operations on his behalf, except a person who is engaged in surface mining operations as an employee with wages as his sole compensation.

F.

"Overburden" means soil, rock or other materials that lie above a natural mineral deposit or in between deposits, before or after their removal by surface mining operations.

G.

"Permit" means any authorization from, or approval by, the town, the absence of which would preclude surface mining operations.

H.

"Person" means any individual, firm, association, corporation, organization or partnership, or any city, county, district or the state or any department or agency thereof.

I.

"Reclamation" means the combined process of land treatment that minimizes water degradation, air pollution, damage to aquatic or wildlife habitat, flooding, erosion and other adverse effects from surface mining operations, including adverse surface effects incidental to underground mines, so that mined lands are reclaimed to a usable condition which is readily adaptable for alternate land uses and create no danger to public health or safety. The process may extend to affected lands surrounding mined lands, and may require backfilling, grading, resoiling, revegetation, soil compaction, stabilization or other measures.

J.

"State board" means the State Mining and Geology Board, in the Department of Conservation, state of California.

K.

"State Geologist" means the individual holding office as structured in Section 677 of Article 3, Chapter 2 of Division 1 of the Public Resources Code.

L.

"Surface mining operations" means all, or any part of, the process involved in the mining of minerals on mined lands by removing overburden and mining directly from the mineral deposits, open-pit mining of minerals naturally exposed, mining by the auger method, dredging and quarrying, or surface work incident to an underground mine. Surface mining operations shall include, but are not limited to:

1.

In-place distillation, restoring or leaching;

2.

The production and disposal of mining waste;

3.

Prospecting and exploratory activities. (Ord. 16 §§1(G)(part), 2(B)(part), 1980: county code §13-102)