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DCALIFORNIA D VIS ON OF MINES AND GEOLOGY TION DMG 26 NOTE SURFACE MINING AND RECLAMATION ACT OF 1975 (As amended by Senate Bill 1300,Nejedly-1980 Statutes, Assembly Bill 1110,Areias-1984 Statutes, Senate Bill 593,Royce-1985 Statutes, Senate Bill 1261,Seymour-1986 Statutes and Assembly Bill 747-1987 Statute) Article 1.General Provisions §2715. No provision of this chapter or any ruling,requirement, or policy of the board is a limitation on any of the following: §2710. This chapter shall be known and may be cited as the (a) On the police power of any city or county or on the power Surface Mining and Reclamation Act of 1975. of any city or county to declare, prohibit, and abate nuisances. §2711.(a)The Legislature hereby finds and declares that the (b) On the power of the Attorney General,at the request of the extraction of minerals is essential to the continued economic well- board,or upon his own motion, to bring an action in the name of being of the state and to the needs of the society, and that the the people of the State of California to enjoin any pollution or reclamation of mined lands is necessary to prevent or minimize nuisance. adverse effects on the environment and to protect the public health (c) On the power of any state agency in the enforcement or and safety. administration of any provision of law which it is specifically (b) The Legislature further finds that the reclamation of mined authorized or required to enforce or administer. lands as provided in this chapter will permit the continued mining (d) On the right of any person to maintain at any time any of minerals and will provide for the protection and subsequent appropriate action for relief against any private nuisance as defined beneficial use of the mined and reclaimed land. in Part 3 (commencing with Section 3479) of Division 4 of the (c) The legislature further finds that surface mining takes place Civil Code or for any other private relief. in diverse areas where the geologic, topographic, climatic, bio- (e) On the power of any lead agency to adopt policies, stan- logical, and social conditions are significantly different and that dards, or regulations imposing additional requirements on any reclamation operations and the specifications therefore may vary person if the requirements do not prevent the person from com- accordingly. plying with the provisions of this chapter. §2712. It is the intent of the legislature to create and maintain (f) On the power of any city or county to regulate the use of an effective and comprehensive surface mining and reclamation buildings,structures,and land as between industry,business,res- policy with regulation of surface mining operations so as to assure idents, open space (including agriculture, recreation, the enjoy- that: ment of scenic beauty,and the use of natural resources),and other (a) Adverse environmental effects are prevented or minimized purposes. and that mined lands are reclaimed to a usable condition which is §2716. Any person may commence an action on his own behalf readily adaptable for alternative land uses. against the board or the State Geologist for a writ of mandate (b) The production and conservation of minerals are encour- pursuant to Chapter 2(commencing with Section 1084)of Title 1 aged, while giving consideration to values relating to recreation, of Part 3 of the Code of Civil Procedure to compel the board or watershed, wildlife,range and forage, and aesthetic enjoyment. the State Geologist to carry out any duty imposed upon them (c) Residual hazards to the public health and safety are pursuant to the provisions of this chapter. eliminated. §2717.The board shall submit to the Legislature on December §2713. It is not the intent of the Legislature by the enactment 1st of each year a report on the actions taken pursuant to this of this chapterto take private property for public use without pay- chapter during the preceding fiscal year.Such report shall include mens of just compensation in violation of the California and United a statement of the actions,including legislative recommendations, States Constitutions. which are necessary to carry out more completely the purposes §2714. The provisions of this chapter shall not apply to any of and requirements of this chapter. the following activities: §2718. If any provision of this chapter or the application thereof (a) Excavations or grading conducted for farming or onsite con- to any person or circumstance is held invalid,such invalidity shall struction or for the purpose of restoring land following a flood or not affect other provisions or applications of the chapter which can natural disaster. be given effect without the invalid provision or application,and to (b) Prospecting for,or the extraction of,minerals for commer- this end the provisions of this chapter are severable. cial purposes and the removal of overburden in total amounts of less than 1,000 cubic yards in any one location of one acre or less. (c) Surface mining operations that are required by federal law Article 2. Definitions in order to protect a mining claim,if such operations are conducted solely for that purpose. §2725. Unless the context otherwise requires, the definitions (d) Such other surface mining operations which the board de- set forth in this article shall govern the construction of this chapter. termines to be of an infrequent nature and which involve only §2726. "Area of regional significance" means an area desig- minor surface disturbances. nated by the board pursuant to Section 2790 which is known to THE RESOURCES AGENCY STATE OF CALIFORNIA DEPARTMENT OF CONSERVATION GORDON K.VAN VLECK GEORGE DEUKMEJIAN RANDALL M.WARD Secretary Governor Director Public Information Office,660 Bercut Dr.,Sacramento,CA 95814,(916)445-5716.MAIL ORDER,P.O.Box 2980,Sacramento,CA 95812.Los Angeles Office, 107 South Broadway,Room 1065,Los Angeles,CA 90012,(213)620-3560.San Francisco Bay Area Regional Office,380 Civic Drive,Suite 100, Pleasant Hill,CA 94523-1997,(415)646.5920.