Chapter 16.16
RIGHT-TO-MINE
Sections:
16.16.040 Limitation on nuisance claims.
16.16.070 Notice of proximity.
16.16.080 Cessation of operations.
16.16.090 Operations consistent.
16.16.010 Short title.
This chapter shall be known and may be cited as the “right-to-mine ordinance” of the city of Tumwater.
(Ord. 1277, Added, 08/20/1991)
16.16.020 Intent.
It is the declared policy of the city of Tumwater 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. 1277, Added, 08/20/1991)
16.16.030 Definitions.
For the purpose of this code, “mineral resource extraction” refers to operations which mine the following substances:
Construction materials – Sand, gravel, or crushed rock that normally receive minimal processing (commonly washing and grading): minimum value $5,000,000 (inflation adjusted to 1990 dollars).
Industrial and chemical mineral materials – Nonmetallic mineral materials that normally receive extensive processing such as heat or chemical treatment or fine sizing. Examples include limestone, marble, specialty sands, clays, peat, coal, borates, gypsum, talc, feldspar, building and dimension stone, rock varieties produced into granules, rock floor, mineral wool and similar commodities: minimum value $1,000,000 (inflation adjusted to 1990 dollars).
Metallic and rare minerals – These are metallic elements, minerals and gemstones that possess special properties valuable to science and industry. Examples include ores, deposits, or crystals of: precious metals (such as gold), iron and ferro-alloy metals (such as tungsten), base metals, mercury, uranium, rare earths, minor metals (such as rubidium), gemstones: minimum value $500,000 (inflation adjusted to 1990 dollars).
Nonfluid mineral fuels – These are nonhydrothermal mineral fuels occurring in sedimentary rocks such as: coal, coal bed methane, lignite, peat, organic shale, tar sand, uranium and thorium: minimum value $1,000,000 (inflation adjusted to 1990 dollars).
Unique or rare occurrences of rocks, minerals or fossils that are of outstanding scientific significance: no minimum value.
(Ord. 1277, Added, 08/20/1991)
16.16.040 Limitation on nuisance claims.
No mineral resource extraction operation or any of its appurtenances shall 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 section 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 section 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. In a determination that a nuisance exists, the abatement procedures in TMC Chapter 8.04 will be followed.
(Ord. 1277, Added, 08/20/1991)
16.16.050 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. 1277, Added, 08/20/1991)
16.16.060 Appeal procedure.
The determination that a mineral resource extraction operation is being run in a negligent or improper manner shall be made by the city’s director of community and economic development with that decision appealable to the city hearing examiner and, subsequently, the city council as per TMC Chapter 2.58. Appeal fees are to be established by city council resolution.
(Ord. 1277, Added, 08/20/1991)
16.16.070 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. 1277, Added, 08/20/1991)
16.16.080 Cessation of operations.
Upon the cessation of mining operations, reclamation of the site will proceed in accordance with all applicable federal, state and local regulations.
(Ord. 1277, Added, 08/20/1991)
16.16.090 Operations consistent.
Mining facilities will operate in a manner consistent with all applicable federal, state and local regulations.
(Ord. 1277, Added, 08/20/1991)
16.16.100 Severability.
If any section, paragraph, subsection, clause, or phrase of this chapter is for any reason held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this chapter.
(Ord. 1277, Added, 08/20/1991)