Chapter 16.22
RIGHT TO MINE
Sections:
16.22.040 Limitation on nuisance claims.
16.22.070 Notice of proximity.
16.22.080 Cessation of operations.
16.22.090 Operations consistent.
16.22.020 Purpose.
The purpose of this chapter is to recognize the existing gravel mines within the city’s jurisdiction. It is the declared policy of the city of Centralia to conserve and protect its valuable mineral resource lands and operations established to extract those minerals. When other land uses locate near extraction uses, those extraction uses can be subject to nuisance suits. As a result, mineral resource extraction facilities can be forced to cease operations. Future reinvestment into mineral resources operations can also be discouraged by the presence of unfriendly or noncompatible neighbors. It is the intent of the city to limit the circumstances under which mineral resource extraction operations may be deemed a nuisance and claims made against them. (Ord. 2232 § 10 (Exh. A), 2009).
16.22.040 Limitation on nuisance claims.
Any mineral resource extraction operation or any of its appurtenances shall not be or become a nuisance, private or public, by any changed conditions in or about the locality thereof after the same has been in operation for more than one year, when such operation was not a nuisance at the time the operation began; provided, that the provisions of this subsection shall not apply whenever a nuisance results from the negligent or improper operation of any such operation or its appurtenances.
Any and all ordinances of the city now in effect or hereafter adopted that would make the operation of any such mineral resource extraction operation or its appurtenances a nuisance in the circumstances set forth in this code are and shall be null and void; provided, however, that the provisions of this subsection shall not apply whenever a nuisance results from the negligent or improper operation of any such mineral resource extraction operation or any of its appurtenances. (Ord. 2232 § 10 (Exh. A), 2009).
16.22.050 Nuisance criteria.
When a determination is made on whether a mineral resource extraction operation is a nuisance and is being run in a negligent or improper manner, as a minimum the following criteria shall be considered:
A. Endangerment of the public’s safety or health;
B. The unlawful interference with, obstruction of, or rendering dangerous for passage of a lake, river, stream, canal or basin, public park, street, alley or highway;
C. The pollution of any public well or cistern, stream, lake, canal or body of water; and
D. Dense smoke, noxious fumes, soot or cinders, in unreasonable and dangerous quantities. (Ord. 2232 § 10 (Exh. A), 2009).
16.22.070 Notice of proximity.
All plats, short plats, development permits, and building permits issued for development activities on, or within three hundred feet of, lands designated as mineral resource extraction facilities, shall contain a notice that the subject property is within or near a mineral resource extraction facility on which a variety of commercial activities may occur that are not compatible with residential development for certain periods of limited duration. (Ord. 2232 § 10 (Exh. A), 2009).
16.22.080 Cessation of operations.
Upon the cessation of mining operations, reclamation of the site will proceed in accordance with all approval conditions as well as all applicable federal, state and local regulations. (Ord. 2232 § 10 (Exh. A), 2009).
16.22.090 Operations consistent.
Mining facilities will operate in a manner consistent with the conditions of permitting and all applicable federal, state and local regulations. (Ord. 2232 § 10 (Exh. A), 2009).