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2008- 023 required road maintenance within three (3) working days of written notice. Forfeited security shall be used to fund the cost of road maintenance work performed. Upon forfeiture, mining operation hauling shall cease and shall not re -commence until adequate road maintenance is performed and new road maintenance security is submitted. The unexpended balance of the security shall be returned to the mining owner/operator or applied to the newly posted security. (4) Where vehicles hauling excavated materials use public roads, such vehicles shall be covered in a manner to prevent fill spillage, to the satisfaction of the county engineer; (5) All hauling vehicles shall have the trucking company name (or truck owner's name if vehicle is privately owned) prominently displayed on the sides of the vehicle. SECTION #7 Section 934.09 is hereby replaced with wording to read as follows: Section 934.09 Compliance and Enforcement (1) Enforcement and Penalties for Violations (a) Generally The county may impose but is not limited to the following types of penalties for violations of the approved project site plan, mining permit, and any conditions attached thereto: • Stop work for all or a portion of the mining operation • Forfeiture of posted security • Termination of mining permit Penalties imposed shall be based upon the following: • Timelines and adequacy of operator/owner response to take corrective action. Harsher penalties shall be imposed for low and/or inadequate operator/owner responses. • Severity and degree of violation(s). Harsher penalties shall be imposed for violations that have broader and/or longer lasting negative impacts. • Number of violations. Harsher penalties shall be imposed if numerous violations have occurred. (b) Violation and Compliance Process Upon observing a potential violation, county staff shall contact the mining operator or owner, advise him/her of the potential violation and corrective action, and document the observation and contact with the operator or owner. If the operator or owner takes immediate and appropriate corrective action and DQuble_U.ndcrline Text: Non Workshop Changes Bold Underline: Additions to Ordinance Ste1Ee-through: Deleted Text from Existing Ordinance F:ACommunity Development\Users\CurDcvAORDINANCE\2008\2008- 934 Excavation(afterl2-19-08)12"fF 21