[Adopted as Title 7, Ch. 8, Secs. 7-8-1 through 7-8-6, of
the City Code]
This article is adopted pursuant to applicable state statutory
and Wisconsin Administrative Code regulations, which are adopted by
reference and made a part of this article as if fully set forth herein.
As used in this article:
NONMETALLIC MINING or NONMETALLIC MINING OPERATION
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.
NONMETALLIC MINING REFUSE
Waste soil, rock, mineral, liquid, 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.
NONMETALLIC MINING SITE OR SITE
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.
OPERATOR
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 article whether individually,
jointly or through subsidiaries, agents, employees, contractors or
subcontractors.
RECLAMATION
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.
REPLACEMENT OF TOPSOIL
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.
This Nonmetallic Mining Reclamation Article 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 article.
This Nonmetallic Mining Reclamation Article 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.
E. Any mining operation, the reclamation of which is required in a permit
obtained under Ch. 293, Wis. Stats.
F. Any activities conducted at a solid or hazardous waste disposal site
required to prepare, operate or close a solid waste disposal facility
under Subchs. II to IV of Ch. 289, Wis. Stats., or a hazardous waste
disposal facility under Ch. 291, Wis. Stats., but a nonmetallic mining
reclamation ordinance 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.
If any permit is revoked, cancelled, rescinded or terminated,
the operator shall be given written notice of any charges or violations
against him/her or the reasons proposed for revocation and shall have
an opportunity to be heard before the Common Council.
[Adopted as Title 7, Ch. 8, Sec. 7-8-7, of the City Code]
The following definitions shall apply in the interpretation
and enforcement of this article:
BLASTING
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.
PERSON
Any individual, partner, corporation, company, trustee or
association, together with the respective servants, agents and employees
thereof.
ROCK CRUSHER
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.
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,
Wis. Adm. Code, and all subsequent amendments thereto.
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 §
246-9 above.
The permit fee for any permit issued pursuant to this article
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:
A. Quarries using blasting to supply buildings and/or ornamental stone: as prescribed in Chapter
182, Fees, per blasting period.
B. Gravel-crushing operations using portable or fixed crushing equipment less than 30 days per year: as prescribed in Chapter
182, Fees.
Any person who shall violate any of the provisions of this article shall be subject to a penalty as provided in §
1-3 of Chapter
1, Article
I, Construction and Penalties. However, upon conviction for the violation of any of the provisions of this article by the holder of a permit issued hereunder, and in addition to the forfeiture provided, such permit shall thereupon be cancelled, revoked, rescinded and terminated.
Before renewal of any license issued under this article is refused
or any license is revoked, cancelled, rescinded or terminated, the
licensee shall be given written notice of any charges or violations
against him/her or the reasons proposed for nonrenewal or revocation
and shall have an opportunity to be heard before the Common Council.