30-11 MINING, QUARRY, SAND AND GRAVEL EXCAVATION OPERATIONS: Emergencies and Short Term Contractual Obligations

The City may modify the provisions relative to the nature and scope of excavation activities, hours of operations and days of operations consistent with the intent of these regulations to address the following circumstances subject to review and approval based on the criteria set forth below. 13 A. Bona Fide Emergencies. The Operator of any excavation operations may obtain approval from the CDD for any temporary change to the conditions of an Excavation Permit relating to hours of operation, days of operation and hauling routes in order to respond to bona fide emergencies or emergent circumstances. Each such request shall be promptly reviewed and may be approved subject to the imposition of reasonable conditions to reduce or mitigate potential adverse impacts on neighboring landowners and the City such as dust control, noise reduction and traffic control requirements. Any emergency beyond thirty days must be further reviewed and approved by the CDD. B. Temporary Short Term Contractual Obligations. 1. If an Operator has obligations under a contract that require, as a condition to entering into such contract, that the Operator deliver or otherwise provide aggregate products (including hauling and processing) on days and hours of operation not normally otherwise allowed under the provisions of this Chapter, the Operator may present a copy of the contract to the CDD and request approval from the CDD for a change to the scope and conditions of an Excavation Permit including, but not limited to, hours of operation, days of operation and hauling routes for contractual obligations up to the limits of the contract and according to those contractual provisions. 2. Any contract presented to the CDD as part of a request for a temporary change to the scope and conditions of an Excavation Permit shall be deemed a protected record under Utah Code § 63G-2-305. 3. Within five (5) business days of receiving a request for a temporary change to the scope and conditions of an Excavation Permit, the CDD shall make a determination regarding the request. Unless the CDD can identify specific and reasonable concerns as to why the request should not be approved, the CDD shall approve the request for a temporary change to the scope and conditions of an Excavation Permit. 4. If the CDD denies an Operator’s request for a temporary change to the scope and conditions of an Excavation Permit, the Operator may appeal said decision in accordance with section 30-17; however, said appeal shall be heard by the City Administrative Hearing Officer within ten (10) business days of the Operator’s filing a request for an appeal.