This chapter is adopted pursuant to § 295.14, Wis.
Stats., which is adopted by reference and made a part of this chapter
as if fully set forth herein.
The definitions in § 295.11, Wis. Stats., shall apply in
this chapter.
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 or farm use
at his or her residence or farm.
B. Excavations or grading conducted for the construction, reconstruction,
maintenance or repair of a highway, railroad, airport facility or
any other transportation facility if the excavation or grading is
within the property boundaries of the transportation facility.
C. Grading conducted for preparing a construction site or restoring
land following a flood or natural disaster.
D. Excavations for building construction purposes.
E. Nonmetallic mining sites of less than one acre
F. Any mining operation, the reclamation of which is required in a permit obtained under Chapter
293 or Subchapter III of Chapter 295 of the Wisconsin Statutes.
G. Any activities required to prepare, operate or close a solid waste
disposal facility under Subchapters II to IV of Chapter 289 of the
Wisconsin Statutes or a hazardous waste disposal facility under Chapter
291 of the Wisconsin Statutes that are conducted on the property on
which the facility is located, but this chapter and the standards
established under § 295.12(1)(a), Wis. Stats., apply to
activities related to solid waste or hazardous waste disposal that
are conducted at a nonmetallic mining site that is not on the property
on which the solid waste or hazardous waste disposal facility is located
such as activities to obtain nonmetallic minerals to be used for lining,
capping, covering or constructing berms, dikes or roads.
H. Dredging for navigational purposes, to construct or maintain farm
drainage ditches and for the remediation of environmental contamination
and the disposal of spoils from that dredging.
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.
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 § 66.0119,
Wis. Stats., in order to inspect those premises and to ascertain compliance
with this 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, cancelled, rescinded or terminated,
the operator shall be given written notice of any charges or violations
against him or the reasons proposed for revocation and shall have
an opportunity to be heard before the Common Council.