No person may engage in nonmetallic mining or in nonmetallic mining reclamation without possessing a nonmetallic mining reclamation permit issued pursuant to the applicable reclamation ordinance unless the activity is specifically exempted in §
514-6 or Subsection
B of the definition of "nonmetallic mining site" in §
514-8.
A. Required submittal. All operators of nonmetallic mining
sites shall apply for a reclamation permit from Price County. All
applications for reclamation permits under this section shall be accompanied
by the following information:
(1) A brief description of the general location and nature
of the nonmetallic mine.
(2) A legal description of the property on which the nonmetallic
mine is located or proposed, including the parcel identification number.
(3) The names, addresses and telephone numbers of all
persons or organizations who or which are owners or lessors of the
property on which the nonmetallic mining site is located.
(4) The name, address and telephone number of the person
or organization who or which is the operator.
(5) A certification by the operator of its intent to comply with the statewide nonmetallic mining reclamation standards established by Article
II.
B. Reclamation permit application contents.
(1) The operator of any nonmetallic mine site shall submit
an application that meets the requirements specified below to the
Price County Zoning Department prior to beginning operations:
(a)
The information required by Subsection
A.
(c)
A reclamation plan conforming to §
514-21.
(d)
A certification that the operator will provide, as a condition of the reclamation permit, financial assurance as required by §
514-22 upon granting of the reclamation permit and before mining begins.
(2) To avoid duplication, the permit application and submittals
required under this subsection may, by reference, incorporate existing
plans or materials that meet the requirements of this chapter.
An application for a nonmetallic mining reclamation
permit shall be denied as set forth below:
A. An application to issue a nonmetallic mining reclamation permit shall be denied, within the time frame for permit issuance specified in §
514-24, if Price County finds any of the following:
(1) The applicant has, after being given an opportunity
to make corrections, failed to provide to Price County an adequate
permit application, reclamation plan, financial assurance or any other
submittal required by Chapter NR 135, Wisconsin Administrative Code,
or this chapter.
(2) The proposed nonmetallic mining site cannot be reclaimed
in compliance with the reclamation standards contained in this chapter,
Chapter NR 135, Wisconsin Administrative Code, or Subchapter I of
Ch. 295, Wis. Stats.
(3) Pattern of violations.
(a)
The applicant or its agent, principal or predecessor
has, during the course of nonmetallic mining in Wisconsin within 10
years of the permit application or modification request being considered,
shown a pattern of serious violations of this chapter or of federal,
state or local environmental laws related to nonmetallic mining reclamation.
(b)
The following may be considered in making this
determination of a pattern of serious violations:
[1]
Results of judicial or administrative proceedings
involving the operator or its agent, principal or predecessor.
[2]
Suspensions or revocations of nonmetallic mining
reclamation permits pursuant to this chapter, other reclamation ordinances
or Chapter NR 135, Wisconsin Administrative Code.
[3]
Forfeitures of financial assurance.
(4) A denial under this subsection shall be in writing
and shall contain documentation of reasons for denial.
B. A decision to deny an application to issue a reclamation permit may be reviewed under §
514-30.
A nonmetallic mining reclamation permit issued
under this chapter shall be transferred to a new owner or operator
upon satisfaction of the following conditions:
A. A nonmetallic mining reclamation permit may be transferred
to a new operator upon submittal to Price County of proof of financial
assurance and a certification in writing by the new permit holder
that all conditions of the permit will be complied with.
B. The transfer is not valid until financial assurance
has been submitted by the new operator and accepted by Price County
and Price County makes a written finding that all conditions of the
permit will be complied with. The previous operator shall maintain
financial assurance until the new operator has received approval and
provided the financial assurance under this section.
For any nonmetallic mining site which had a reclamation permit previously issued by another regulatory authority pursuant to Chapter NR 135, Wisconsin Administrative Code, that becomes subject to the reclamation permitting authority of Price County, the terms and conditions of the previously issued municipal reclamation permit shall remain in force until modified by Price County pursuant to §
514-31A.
Any permitting decision or action made by Price
County under this chapter may be reviewed as set forth in this section.
Notwithstanding §§ 68.001, 68.03(8) and (9), 68.06
and 68.10(1)(b), Wis. Stats., any person who meets the requirements
of § 227.42(1), Wis. Stats., may obtain a contested case
hearing under § 68.11, Wis. Stats., on Price County's decision
to issue, deny or modify a nonmetallic mining reclamation permit.