§ 19-91. Suspension or revocation of mining approvals.

(a)

The department shall serve written notice of its intent to request a hearing by the board of county commissioners to the operator of a mine if one of the following has occurred:

(1)

Violations against this ordinance;

(2)

Operator does not respond to county directives;

(3)

Violations of applicable federal or state standards of air quality, surface water quality or ground water quality as determined by the appropriate agency; or

(4)

Violations of the terms and conditions of the approval, including the approved reclamation plan.

(b)

The written notification shall include the date, time and place of the hearing. The hearing shall not be less than thirty (30) days, nor more than sixty (60) days, after the date of notice, unless the board of county commissioners and the operator mutually agree on another date.

(c)

The hearing before the board of county commissioners shall proceed as follows:

(1)

The department shall present evidence that it has reasonable cause to believe that a violation has taken place or exists.

(2)

The operator may appear at the hearing, either personally or through counsel, counter the charges alleged by the department.

(3)

If the board of county commissioners determines that sufficient grounds exist, the board may issue an order to the operator to comply and a time frame to do so, order mitigating action, suspend or revoke the mining operation plan approval (MOPA).

(4)

The board of county commissioners shall have thirty (30) days to provide written notice to the operator setting forth its findings and the basis for its decision to suspend or revoke.

(5)

The effective date of any such suspension or revocation shall be sixty (60) days following the date of the decision, except for health and safety, if the violations represent imminent threat to health and safety issues. Any appeal of the county decision shall be through the judicial system, except that reinstatement of a suspended permit may be sought whenever the operator feels that the violation(s) has or have been corrected.

(6)

If the board of county commissioners finds, at the time of its initial decision, that any delay in correcting a violation would result in imminent peril to life or danger to property or to the environment, it shall immediately initiate a proceeding for injunctive relief through the county attorney. A pending appeal from a suspension or revocation of an approval shall have no effect upon such action.

(7)

An aggrieved party may appeal a final administrative order of the governing body to the circuit court. Such an appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created before the governing body. An appeal shall be filed within thirty (30) days of the execution of the order to be appealed.

(8)

Any operator whose approval has been suspended or revoked shall be denied a new approval to engage in mining until he gives evidence satisfactory to the board of county commissioners of his ability and intent to fully comply with the provisions of this chapter, and the terms and conditions of his approval, including the approved reclamation plan, and that he has satisfactorily corrected all previous violations.

(d)

There are two (2) types of violations of this chapter that may occur:

(1)

Reversible and repairable; and

(2)

Irreversible and irreparable.

(e)

Each and every operational violation of this chapter will be considered irreversible and subject an immediate citation in accordance with Chapter 162, Florida Statutes.

(f)

Each and every administrative violation of this chapter will be considered reversible and shall be treated in accordance with Chapter 162, Florida Statutes.

(g)

The county may revoke or suspend any mining approval where a violation has not been resolved within the stated time frame or for repeated violations of the chapter. The violation will be considered resolved only when the standards are met.

(h)

If an operator begins or continues mining and no valid mining approval is held, a restraining order shall be obtained upon application to the proper court of record and evidence of lack of a mining approval shall establish a prima facie case for issuance of a restraining order.

(i)

The county shall have the right of ingress and egress to the mining property at any time, provided reasonable notice is given to the operator and proper check in procedures are followed.

(Ord. No. 93-13, § E-1, 6-29-93)