This chapter shall be known as the "Nonmetallic Mining Reclamation
Ordinance for the County of Grant."
The purpose of this chapter is to establish a local program
to ensure the effective reclamation of nonmetallic mining sites on
which nonmetallic mining takes place in Grant County after the effective
date of Grant County's original nonmetallic mining reclamation
ordinance, in compliance with Chapter NR 135, Wisconsin Administrative
Code and Subchapter I of Chapter 295, Wisconsin Statutes.
This Chapter is adopted under authority of § 295.13(1),
Wis. Stats., and § NR 135.32, Wis. Adm. Code.
The purpose of this chapter is to adopt and implement the uniform
statewide standards for nonmetallic mining required by § 295.12(1)(a),
Wis. Stats., and contained in Ch. NR 135, Wis. Adm. Code. It is not
intended that this chapter repeal, abrogate, annul, impair or interfere
with any existing rules, regulations, ordinances or permits not concerning
nonmetallic mining reclamation previously adopted pursuant to other
Wisconsin law.
In their interpretation and application, the provisions of this
chapter shall be held to be the applicable requirements for nonmetallic
mining reclamation and shall not be deemed a limitation or repeal
of any other power granted by the Wisconsin Statutes outside the reclamation
requirements for nonmetallic mining sites required by Subchapter I
of Ch. 295, Wis. Stats., and Ch. NR 135, Wis. Adm. Code. Where any
terms or requirements of this chapter may be inconsistent or conflicting,
the more restrictive requirements or interpretation shall apply. Where
a provision of this chapter is required by Wisconsin Statutes, or
by a standard in Ch. NR 135, Wis. Adm. Code, and where the provision
is unclear, the provision shall be interpreted to be consistent with
the Wisconsin Statutes and the provisions of Ch. NR 135, Wis. Adm.
Code.
Should any portion of this chapter be declared unconstitutional
or invalid by a court of competent jurisdiction, the remainder of
this chapter shall not be affected.
A.
The requirements of this chapter apply to all operators of nonmetallic mining sites within Grant County operating on or commencing to operate after August 1, 2001, and as provided in § NR 135.02(1) and (2), Wis. Adm. Code, except where exempted in Subsection B and except for nonmetallic mining sites located in a city, village or town within Grant County that has adopted an ordinance pursuant to § 295.14, Wis. Stats., and § NR 135.32(2), Wis. Adm. Code.
B.
Exemptions. This chapter does not apply to the exempt activities
listed in § NR 135.02(3), Wis. Adm. Code.
C.
Applicability of reclamation standards. Notwithstanding Subsection B, the reclamation standards contained in this chapter shall apply to nonmetallic mining at a site or a portion of a site that is subject to permit and reclamation requirements under §§ 30.19, 30.195 or 30.20, Wis. Stats., and complies with Ch. NR 340, Wis. Adm. Code. Notwithstanding Subsection B, the reclamation standards shall also apply to excavations subject to the permit and reclamation requirements of § 30.30 or § 30.31, Wis. Stats.
The provisions of this chapter shall be administered by the
Grant County Conservation, Sanitation and Zoning Department (CSZD),
the Grant County Administrator of CSZD or its representative, hereafter
referred to as "Grant County CSZD."
This amended chapter shall take effect upon passage by the County
Board and publication of the chapter in the newspaper. This chapter
amends the nonmetallic mining ordinance previously enacted by the
County Board.
The definitions contained in § NR 135.03, Wis. Adm.
Code, are hereby adopted and made as definitions under this chapter.
