This chapter shall be known as the "Nonmetallic Mining Reclamation
Ordinance for the City of Arcadia."
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 the City of Arcadia after
the effective date of this chapter, in compliance with Chapter NR
135, Wisconsin Administrative Code, and Subchapter I of Chapter 295,
Wisconsin Statutes.
This chapter is adopted under authority of § 295.14(1),
Wis. Stats., § NR 135.32, Wis. Adm. Code, and § 62.11(3),
Wis. Stats.
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 Chapter NR 135, Wisconsin Administrative
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 Chapter 295, Wisconsin Statutes, and Chapter NR 135, Wisconsin
Administrative 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 Chapter NR 135,
Wisconsin Administrative Code, and where the provision is unclear,
the provision shall be interpreted to be consistent with the Wisconsin
Statutes and the provisions of Chapter NR 135, Wisconsin Administrative
Code.
A.
Overall applicability. The requirements of this chapter apply to all operators of nonmetallic mining sites within the City of Arcadia and as provided in § NR 135.02(1) and (2), Wis. Adm. Code, except where exempted in Subsection B of this section.
B.
Exemptions. This chapter does not apply to the exempt activities
listed in § NR 135.02(3), Wis. Adm. Code.
The provisions of this chapter shall be administered by the
City of Arcadia.
All definitions for the purposes of this chapter are those contained
in § NR 135.03, Wis. Adm. Code.
