A.
By Green Lake County. A nonmetallic mining reclamation permit issued under this chapter may be modified by Green Lake County if it finds that, due to changing conditions, the nonmetallic mining site is no longer in compliance with Ch. NR 135, Wis. Adm. Code, or this chapter. Such modification shall be by an order modifying the permit in accordance with § 323-34. This modifying order may require the operator to amend or submit new application information, reclamation plan, proof of financial assurance or other information needed to ensure compliance with Ch. NR 135, Wis. Adm. Code, or this chapter.
B.
At the operator's option. If the operator of any nonmetallic
mine that holds a reclamation permit issued under this chapter desires
to modify such permit or reclamation plan approved under this chapter,
it may request such modification by submitting a written application
for such modification to the Green Lake County Land Use Planning and
Zoning Department at the Green Lake County Courthouse in the City
of Green Lake. The application for permit or plan modification shall
be acted on using the standards and procedures of this chapter.
C.
Required by the operator. The operator of any nonmetallic
mine that holds a reclamation permit issued under this chapter shall
request a modification of such permit if changes occur to the area
to be mined, the nature of the planned reclamation, or other aspects
of mining required by the reclamation plan approved pursuant to this
chapter. Such application for permit modification shall be acted on
using the standards and procedures of this chapter.
A.
Grounds. Green Lake County may suspend or revoke a
nonmetallic mining reclamation permit issued pursuant to this chapter
if it finds the operator has done any of the following:
C.
Consequences.
(1)
If Green Lake County makes any of the findings in Subsection A above, it may suspend a nonmetallic mining reclamation permit for up to 30 days. During the time of suspension, the operator may not conduct nonmetallic mining at the site, except for reclamation or measures to protect human health and the environment as ordered by the regulatory authority pursuant to § 323-34.
(2)
If Green Lake County makes any of the findings in Subsection A above, it may revoke a nonmetallic mining reclamation permit. Upon permit revocation, the operator shall forfeit the financial assurance it has provided pursuant to this chapter to Green Lake County. Green Lake County may use forfeited financial assurance to reclaim the site to the extent needed to comply with this chapter and the applicable reclamation ordinance.
A.
Contents and deadline. Annual reports that satisfy
the requirements of this section shall be submitted by the operators
of nonmetallic mining sites.
(1)
Contents. The annual report required by this section
shall include all of the following:
(a)
The name and mailing address of the operator.
(b)
The location of the nonmetallic mining site,
including legal description, tax key number or parcel identification
number, if available.
(c)
The identification number of the applicable
nonmetallic mining permit, if assigned by Green Lake County.
(d)
The acreage currently affected by nonmetallic
mining extraction and not yet reclaimed.
(e)
The amount of acreage that has been reclaimed
to date on a permanent basis and the amount reclaimed on an interim
basis.
(g)
The following certification, signed by the operator:
"I certify that this information is true and accurate and that the
nonmetallic mining site described herein complies with all conditions
of the applicable nonmetallic mining reclamation permit and Ch. NR
135, Wis. Adm. Code."
(2)
Deadline. The annual report shall cover activities
on unreclaimed acreage for the previous calendar year and be submitted
by January 31.
(3)
When reporting may end. Annual reports shall be submitted by an operator for all active and intermittent mining sites to Green Lake County for each calendar year until nonmetallic mining reclamation at the site is certified as complete pursuant to § 323-31C or at the time of release of financial assurance pursuant to § 323-16A(7).
B.
Inspection in lieu of report. Green Lake County may, at its discretion, obtain the information required in Subsection A above for a calendar year by written documentation of an inspection it completes during a calendar year, as set forth in this subsection. If Green Lake County obtains and documents the required information, the annual report need not be submitted by the operator. If Green Lake County determines that the operator need not submit an annual report pursuant to this subsection, it shall advise the operator in writing at least 30 days before the end of the applicable calendar year. In that case, Green Lake County shall require the operator to submit the certification required in Subsection A(1)(g) above.
C.
Retention of annual reports. Annual reports submitted under Subsection A above or inspection records that replace them under Subsection B above shall be retained by Green Lake County at the Land Use Planning and Zoning Department in the Green Lake County Courthouse in the City of Green Lake for at least 10 years after the calendar year to which they apply. These records, or complete and accurate copies of them, shall be made available to the Wisconsin Department of Natural Resources upon written request or during its inspection or audit activities carried out pursuant to Ch. NR 135, Wis. Adm. Code.
A.
Amount and applicability. A person who intends to operate a nonmetallic mining site for which a permit application has been submitted under § 323-14 shall submit a nonrefundable plan review fee of $450 to Green Lake County at the Land Use Planning and Zoning Department in the Green Lake County Courthouse in the City of Green Lake. No plan review fee may be assessed under this section for any local transportation-related mining receiving an automatic permit under § 323-18C. A separate plan review fee shall be paid under this section for any modification to an existing reclamation plan submitted pursuant to § 323-25.
A.
Areas subject to fees; procedures, deadline and amount.
(1)
Operators of all nonmetallic mining sites subject
to reclamation permits issued under this chapter shall pay annual
fees to Green Lake County Land Use Planning and Zoning Department,
in the Green Lake County Courthouse in the City of Green Lake.
(2)
Fees paid under this section shall be calculated based
on the unreclaimed acres of a nonmetallic mining site, as defined
below:
(a)
"Unreclaimed acre" or "unreclaimed acres" means those unreclaimed areas in which nonmetallic mining has occurred after August 1, 2001, and areas where nonmetallic mining reclamation has been completed but is not yet certified as reclaimed under § 323-16A(7). However, the term does not include any areas described in Subsection A(2)(b) below.
(b)
"Unreclaimed acre" or "unreclaimed acres" does
not include:
[1]
Those areas where reclamation has been completed and certified as reclaimed under § 323-16A(7).
[2]
Those areas previously affected by nonmetallic
mining but which are not used for nonmetallic mining after August
1, 2001.
[3]
Those portions of nonmetallic mining sites which
are included in an approved nonmetallic mining reclamation plan but
are not yet affected by nonmetallic mining.
[4]
Areas previously mined but used after August
1, 2001, for a nonmining activity, such as the stockpiling of materials,
provided the stockpiles are associated with on-site industrial processes,
used for an industrial activity unrelated to nonmetallic mining such
as an asphalt plant, concrete batch plant, block and tile operation
or other industry that uses products produced from nonmetallic mining.
(c)
Fees shall be assessed on active acres only
and shall not be assessed on acreage where nonmetallic mining is proposed
and approved but where no nonmetallic mining has yet taken place.
(3)
Fees assessed pursuant to this section shall be based on unreclaimed acres at the end of the year. Such fees apply to a calendar year or any part of a year in which nonmetallic mining takes place, until final reclamation is certified as complete under § 323-31. Fees shall be paid no later than January 31 for the previous year.
(4)
If reclamation has already occurred on portions of a nonmetallic mining site, the fees for such portions may be submitted with a request that they be held by Green Lake County pending certification of completed reclamation pursuant to § 323-16A(7) and § 323-31C. Upon such certification, Green Lake County shall refund that portion of the annual fee that applies to the reclaimed areas. If Green Lake County fails to make a determination under § 323-16A(7) and § 323-31C within 60 days of the request, it shall refund that portion of the annual fee that applies to the reclaimed areas.
B.
Wisconsin Department of Natural Resources' share of
fee.
(1)
Fees paid under this section shall, except where provided in Subsection B(2) below, include a share for the Wisconsin Department of Natural Resources equal to the amount specified in Table 1.
|
Table 1, Wisconsin Department of Natural
Resources'
Share of Annual Fees Collected by Green
Lake County
| ||
|---|---|---|
|
Mine Size in Unreclaimed Acres,
Rounded to the Nearest Whole Acre
|
Annual Fee
| |
|
1 to 5 (does not include mines less than 1 acre)
|
$35
| |
|
6 to 10
|
$70
| |
|
11 to 15
|
$105
| |
|
16 to 25
|
$140
| |
|
26 to 50
|
$160
| |
|
51 or larger
|
$175
| |
(2)
For nonmetallic mining sites at which no nonmetallic
mining has taken place during a calendar year, the share for the Wisconsin
Department of Natural Resources shall be $15.
(3)
Green Lake County shall forward fees collected under
this subsection to the Wisconsin Department of Natural Resources by
March 31.
C.
Green Lake County's share of fee.
(1)
Fees paid under this section shall also include an
annual fee due to Green Lake County which shall be equal to the amount
specified in Tables 2. Fees are to be established on an unreclaimed
acres basis and equal as closely as possible the County's cost of
administering the reclamation program.
|
Table 2, Green Lake County's Share of
Annual Fees Collected
| ||
|---|---|---|
|
Mine Size in Unreclaimed Acres,
Rounded to the Nearest Whole Acre
|
Annual Fee
| |
|
1 to 5 (does not include mines less than 1 acre)
|
$300
| |
|
6 to 10
|
$500
| |
|
11 to 15
|
$700
| |
|
16 to 25
|
$900
| |
|
26 to 50
|
$1,200
| |
|
51 or larger
|
$1,500
| |
(2)
The annual fee collected by Green Lake County under this subsection for local transportation-related mines issued permits under § 323-18C may not exceed the amounts set forth in Table 3. The amount listed shall be the total fee assessed on such nonmetallic mines, and shall include both a share for the Wisconsin Department of Natural Resources and Green Lake County.
|
Table 3, Limit on Total Annual Fees for
Automatically
Permitted Local Transportation Project-Related
Mines
| ||
|---|---|---|
|
Mine Size in Unreclaimed Acres,
Rounded to the Nearest Whole Acre
|
Annual Fee
| |
|
1 to 5 (does not include mines less than 1 acre)
|
$300
| |
|
6 to 10
|
$500
| |
|
11 to 15
|
$700
| |
|
16 to 25
|
$900
| |
|
26 to 50
|
$1,200
| |
|
51 or larger
|
$1,500
| |
A.
Reporting. Green Lake County shall send an annual
report to the Wisconsin Department of Natural Resources by March 31
of each calendar year. The report shall include the following information
for the previous year's nonmetallic mining reclamation program:
(1)
The total number of nonmetallic mining reclamation
permits in effect.
(2)
The number of new permits issued within the jurisdiction
of Green Lake County.
(3)
The number of acres approved for nonmetallic mining,
and the number of acres newly approved in the previous year.
(4)
The number of acres being mined or unreclaimed acres.
(5)
The number of acres that have been reclaimed and have had financial assurance released pursuant to § 323-16A(7).
(7)
The number and nature of alternative requirements
granted, permit modifications, violations, public hearings, enforcement
actions, penalties that have been assessed and bond or financial assurance
forfeitures.
B.
Documentation. Green Lake County shall, to the best
of its ability, maintain the information set forth below and make
it available to the Wisconsin Department of Natural Resources for
that agency's audit of Green Lake County's reclamation program pursuant
to Ch. NR 135, Wis. Adm. Code:
(1)
Documentation of compliance with Ch. NR 135, Wis.
Adm. Code, and this chapter.
(2)
The procedures employed by Green Lake County regarding
reclamation plan review and the issuance and modification of permits.
(3)
The methods for review of annual reports received
from operators.
(4)
The method and effectiveness of fee collection.
(5)
Procedures to accurately forward the Wisconsin Department
of Natural Resources' portion of collected fees in a timely fashion.
(6)
Methods for conducting on-site compliance inspections
and attendant reports, records and enforcement actions.
(7)
Responses to citizen complaints.
(8)
The method of and accuracy in determining the amount
of the financial assurance obtained from the operator to guarantee
reclamation performance.
(9)
The maintenance and availability of records.
(11)
The method of determining the success of reclamation in meeting the criteria contained in the reclamation plan and subsequently releasing the financial assurance pursuant to § 323-16A(7).
(12)
Any changes in local regulations, ordinances,
funding and staffing mechanisms or any other factor which might affect
the ability of Green Lake County to implement its nonmetallic mining
reclamation program under this chapter.
(13)
The amount of fees collected in comparison to
the amount of money actually expended for nonmetallic mining reclamation
program administration.
(14)
Any other performance criterion necessary to
ascertain compliance with Ch. NR 135, Wis. Adm. Code.
A.
Reporting. The operator of a nonmetallic mining site
may certify completion of reclamation for a portion or all of the
nonmetallic mining site pursuant to a reclamation plan prepared and
approved pursuant to this chapter and Ch. NR 135, Wis. Adm. Code.
B.
Reporting of interim reclamation. The operator of a nonmetallic mining site may report completion of interim reclamation as specified in the reclamation plan for the site prepared and approved pursuant to this chapter and Ch. NR 135, Wis. Adm. Code. Reporting of interim reclamation shall be done according to the procedures in Subsection A above.
C.
Certification of completed reclamation. Green Lake County shall inspect a nonmetallic mining site for which reporting of reclamation or interim reclamation has been submitted pursuant to this subsection within 60 days of receipt and make a determination in writing in accordance with § 323-16A(7)(c). If it is determined that interim or final reclamation is complete, including revegetation as specified in a reclamation plan that conforms with § 323-15, Green Lake County shall issue the mine operator a written certificate of completion.
D.
Effect of completed reclamation. If reclamation is certified by Green Lake County as complete under Subsection C above for part or all of a nonmetallic mining site, then:
E.
Effect of inaction following report of completed reclamation. If no written response as required by Subsection C above for an area of the mine site reported as reclaimed or interim reclaimed is given within 60 days of receiving such request, any annual fee paid to Green Lake County for it under § 323-29 shall be refunded.
When all final reclamation required by a reclamation plan conforming to § 323-15 and required by this chapter is certified as complete pursuant to §§ 323-16A(7) and 323-31C, Green Lake County shall issue a written statement to the operator of the nonmetallic mining site, thereby terminating the reclamation permit.
