[HISTORY: Adopted by the Common Council of the City of Manawa 10-18-1993
as Title 7, Ch. 11 of the 1989 Code of Ordinances. Amendments noted where
applicable.]
This chapter is adopted pursuant to W.S.A. s. 66.038[1], which is adopted by reference and made a part of this chapter
as if fully set forth herein.
[1]
Editor's Note: Said s. 66.038 was repealed by 1997 Act 252. See
W.S.A. s. 295.14
As used in this chapter, the following terms shall have the meanings
indicated:
The meaning specified under W.S.A. s. 144.01(3).[1]
Operations or activities for the extraction from the earth, for sale
or use by the operator, of mineral aggregates such as stone, sand and gravel,
fill material and nonmetallic minerals such as asbestos, beryl, clay, feldspar,
peat and talc, related operations or activities such as excavation, grading
or dredging if the purpose of those operations or activities is the extraction
of mineral aggregates and nonmetallic minerals and related processes such
as crushing, screening, scalping, dewatering and blending.
Waste soil, rock, mineral, liquid and vegetation and other waste
material resulting from a nonmetallic mining operation. This term does not
include merchantable by-products resulting directly from or displaced by the
nonmetallic mining operation.
The location where a nonmetallic mining operation is proposed or
conducted, including all surface areas from which materials are removed, related
storage and processing areas, areas where nonmetallic mining refuse is deposited
and areas disturbed by the nonmetallic mining operation by activities such
as the construction or improvement of roads or haulageways.
Any person who is engaged in a nonmetallic mining operation or nonmetallic
mining site reclamation or who applies for or holds a nonmetallic mining permit
issued under this chapter, whether individually, jointly or through subsidiaries,
agents, employees, contractors or subcontractors.
The rehabilitation of a nonmetallic mining site, including but not
limited to removal of nonmetallic mining refuse, grading of the site, replacement
of topsoil, stabilization of soil conditions, establishment of vegetative
cover, control of surface water and groundwater, prevention of environmental
pollution, construction of fences and, if practical, restoration of plant,
fish and wildlife habitat.
The replacement of the topsoil which was removed or disturbed by
a nonmetallic mining operation or the provision of soil which is at least
as adequate as the topsoil which was removed or disturbed for the purposes
of providing adequate vegetative cover and stabilization of soil conditions.
[1]
Editor's Note: Said s. 144.01(3) was repealed by Act 1995 227.
This chapter shall apply to any portion of a nonmetallic mining site,
including unreclaimed portions of a site which were mined prior to the effective
date of this chapter.
This chapter shall not apply to the following activities:
A.
Excavations or grading by a person solely for domestic
use at his or her residence.
B.
Excavations or grading conducted for highway construction
purposes within the highway right-of-way.
C.
Grading conducted for farming, preparing a construction
site or restoring land following a flood or natural disaster.
D.
Excavations for building construction purposes.
F.
Any activities conducted at a solid or hazardous waste
disposal site required to prepare, operate or close a solid waste disposal
facility under W.S.A. ss. 144.435 to 144.445[2] or a hazardous waste disposal facility under W.S.A. ss. 144.60
to 144.74[3], but this chapter may apply to activities related to solid or
hazardous waste disposal which are conducted at a nonmetallic site separate
from the solid or hazardous waste disposal facility, such as activities to
obtain nonmetallic minerals to be used for lining, capping, covering or constructing
berms, dikes or roads.
A.
Permit required. No person shall operate any nonmetallic
mining site or operation within the city unless he or she obtains a nonmetallic
mining permit from the Common Council. The fee for such permit shall be $50,
plus any actual city administrative expenses, payable by certified check.
Operators of existing nonmetallic mining operations shall apply for such permit
within 30 days of the effective date of this chapter.
B.
Required permit information. An application for a nonmetallic
mining permit shall be submitted by the operator and shall include:
(1)
An adequate description of the operation, including a
legal description of the property.
(2)
A plan of the site showing the proposed and existing
roads and drives and the sources, quantity and disposition of water to be
used, if any.
(3)
Estimated dates for completion of the extraction and
commencement and completion dates for the reclamation.
(4)
A reclamation plan and such other information as may
be necessary to determine the nature of the operation and the effect on the
surrounding area.
(5)
Methods of screening from adjacent properties.
(6)
Hours of operation.
(7)
Dust and noise control.
(8)
Maximum depth.
(9)
Blasting procedures.
(10)
Location and height of stockpiles.
(11)
Such other information the Common Council deems pertinent
to the operation.
A.
The reclamation plan shall contain adequate provision
that:
(1)
All final slopes around the area shall be flatter than
a three-to-one horizontal slope in a sand, gravel or borrow pit operation
or in a safe angle of repose in a quarrying operation.
(2)
Excavations below the grade of the nearest abutting public
street or highway shall be set back from the street or highway a distance
not less than that required for buildings and structures in the same zoning
district.
(3)
Excavations made to a water-producing depth shall be
not less than three feet measured from the low-water mark.
(4)
All final slopes shall be covered with adequate topsoil
and seeded to prevent erosion.
(5)
There is a timetable for completion of various stages
of reclamation of the nonmetallic mining site.
B.
The plan shall require that, after completion of the
anticipated operation, the area shall be cleared of all debris and be left
in a workmanlike condition, subject to the approval of the Common Council.
All applications for a license hereunder shall be made in writing upon
the written form provided by the city and distributed by the City Clerk-Treasurer.
All applications for permits hereunder shall be signed by the applicant and
filed with the City Clerk-Treasurer at least 60 days prior to the licensing
period. The Clerk-Treasurer shall immediately refer all applications for a
license hereunder to the Common Council for public hearing and approval. The
operator shall receive written notice of the public hearing. The license shall
be for a period of time as stated in the application or as modified by the
Council. Modification of the application or reclamation plan may be permitted
or additional conditions may be required upon application. The Council shall
consider the effect of the operation and the proposed reclamation upon existing
and future conditions, including streets, neighboring land development, land
use, drainage, water supply, water pollution, air pollution, soil erosion,
natural beauty and land value of the locality. The Council may approve, approve
conditionally or reject the application and reclamation plan.
Before a license and reclamation plan is approved by the Common Council,
the operator shall submit an agreement and performance bond or cash escrow
agreement to assure the following:
A.
The operator shall pay for the cost of all improvements
required in the reclamation plan by the Common Council.
B.
Guaranteed completion of the required reclamation within
a period determined by the Council.
C.
Payment by the operator for all costs incurred by the
city for review and inspection. This would include preparation and review
of plans and specifications by the City Engineer and Attorney, as well as
other costs of a similar nature.
D.
The city may elect to have stages of the reclamation
plan performed under the terms of a cash escrow agreement.
E.
The required performance bond or cash escrow agreement
shall be equal to 1 1/4 times the City Engineer's estimated cost
of the required improvements.
F.
If the required reclamation is not complete within the
designated period, all amounts held under the escrow agreement or performance
bond shall be turned over and delivered to the city and applied to the cost
of the required reclamation. Any balance remaining after such reclamation
has been done shall be returned to the operator. The Common Council, at its
option, may extend the bond period for additional periods.
A.
Fences. Prior to reclamation, nonmetallic mining sites
abutting areas zoned residential shall be enclosed by a security fence of
not less than four feet in height. Fence gates shall be locked or secured
when the site is unattended so as to prevent uncontrolled access by children
to the site.
B.
Inspection. An authorized agent of the city may enter
the premises of a nonmetallic mining operation in the performance of his or
her official duties by permission of the property owner or operator or pursuant
to a special inspection warrant issued under W.S.A. s. 66.122 in order to
inspect those premises and to ascertain compliance with this nonmetallic mining
reclamation chapter.
Nonmetallic mining operations within the city are prohibited if the
nonmetallic mining site cannot be reclaimed in compliance with the standards
of this chapter or if other requirements of this chapter are not met.
If any permit is revoked, canceled, rescinded or terminated, the operator
shall be given written notice of any charges or violations against him or
her or the reasons proposed for revocation and shall have an opportunity to
be heard before the Common Council.
A.
BLASTING
PERSON
ROCK CRUSHER
Definitions. The following definitions shall apply in
the interpretation and enforcement of this section:
A method of loosening, moving or shattering masses of solid matter
by use of explosive compounds to prepare stone for crushing, to prepare stone
for building and/or ornamental use or to prepare property for development.
Any individual, partner, corporation, company, trustee or association,
together with the respective servants, agents and employees thereof.
Any device, machine, apparatus or equipment used either individually
or in conjunction with any other device, machine, apparatus or equipment for
the purpose of crushing, grinding, breaking or pulverizing rock or stone.
B.
Operation. No person within the city shall operate a
rock crusher or perform blasting in such a manner so that any dust, dirt or
vibration from such operation shall, in any way, damage or injure any person
or property within the city. All blasting within the city shall be performed
according to the requirements of Ch. IND 5, Explosives and Blasting Agents,
of the Wisconsin Administrative Code, and all subsequent amendments thereto.
C.
Permit.
(1)
Permit required. No person within the city shall operate
a rock crusher or perform blasting who does not possess a proper permit therefor
from the city.
(2)
Applications. All applications for permits hereunder
shall be made in writing upon the written form provided by the city and distributed
by the City Clerk-Treasurer. All applications for permits hereunder shall
be signed by the applicant and filed with the City Clerk-Treasurer at least
60 days prior to the licensing period. The City Clerk-Treasurer shall immediately
refer all applications for permits hereunder to the City Engineer. The City
Clerk-Treasurer shall issue a permit hereunder only after first receiving
the recommendation of the City Engineer, the duly executed certified check
for the permit fee as hereinafter provided and the submittal of the plan of
operation, if required, as approved by the City Engineer.
(3)
Certified check. Each application for a permit hereunder
shall be accompanied by a certified check in the sum of the required permit
fee as hereinafter provided, or a renewal thereof, the same to be payable
to the city.
(4)
Plan of operation. Each application to permit a rock
crusher hereunder or renewal thereof shall be accompanied by a plan of operation
which shall include methods of screening from adjacent properties, hours of
operation, hours of blasting and operation of rock crusher, dust and noise
control, blasting procedures, location and height of stockpiles, whether a
rock crusher will be needed and how often, water supply, drainage course,
maximum depth, legal description of property in question and other information
the City Engineer deems pertinent to the proposed operation. Such plan of
operation shall be approved by the City Engineer.
(5)
Each application for a blasting permit shall be accompanied
by a certificate of insurance identifying the City of Manawa as a party insured
in the amount of $500,000 for damage to property and $500,000 for injury to
one person and $1,000,000 for injury to more than one person caused by the
blasting.
D.
Renewals. All requests for renewals of permits hereunder shall be made at least 60 days prior to the expiration date of the permit and must comply with all requirements of Subsection C above.
E.
Blasting procedures and controls.
(1)
Energy ratio. The allowable vibration of any blast at
the nearest occupied or used building off the subject premises shall not exceed
an energy ratio of 0.5 or resultant particle velocity of 1.35 inches per second
based on the following formula:
|
Energy ratio = 0.5 = 10.823 f2A2
| |
|
Where:
| |
|
f = frequency in cycles per second
| |
|
A = amplitude or displacement in inches
| |
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Energy ratio = .274 V2 (V = resultant particle
velocity expressed in inches per second)
|
(2)
Measurement of blasts. The operator of the quarry operation,
when requested to do so by the City Engineer, shall measure and submit data
to substantiate compliance with the above formula, and the operator of the
quarry operation, when requested to do so by the City Engineer, shall measure
air blast. This verification shall be performed by a seismological engineering
firm acceptable to the city or by the City Engineer. Instrumentation shall
be by seismograph similar to VME Seismolog Model B and approved seismograph
sound measuring equipment or approved equivalents. All expenses for these
tests shall be paid by the quarry operator.
(3)
Blasting log. A log in duplicate shall be kept of each
blast on forms similar to the one on file with the City Clerk-Treasurer. The
original copy of this blasting log shall be filed with the Clerk-Treasurer
within 48 hours after the blast, and a copy shall be kept on file at the quarry
office.
(4)
Cover material. Operators of quarries for building and/or
ornamental stone removal shall cover Primacord, other detonating cord or surface-laid
blasting devices with at least one foot of dirt or other suitable cover material.
F.
Permit fee. The permit fee for any permit issued pursuant
to this section shall be as set forth below. No permit fee shall be prorated.
All permits issued hereunder shall expire on December 31 following the date
of issue:
G.
Penalty. Any person who shall violate any of the provisions of this section shall be subject to a penalty as provided in Chapter 1, § 1-21, General penalty, of this Code. However, upon conviction for the violation of any of the provisions of this section by the holder of a permit issued hereunder and in addition to the forfeiture provided, such permit shall thereupon be canceled, revoked, rescinded and terminated.
H.
Notice and hearing. Before renewal of any license issued
under this section is refused or any license is revoked, canceled, rescinded
or terminated, the licensee shall be given written notice of any charges or
violations against him or her or the reasons proposed for nonrenewal or revocation
and shall have an opportunity to be heard before the Common Council.
