This chapter shall be known as the "Nonmetallic Mining Reclamation
Ordinance for the City of Franklin."
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 Franklin 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 Section 295.14(1),
Wisconsin Statues, Section NR 135.32, Wisconsin Administrative Code,
and Section 62.11(3), Wisconsin Statutes, and as contemplated by City
Ordinance Nos. 97-1456 and 97-1457.
The purpose of this chapter is to adopt and implement the uniform
statewide standards for nonmetallic mining required by Section 295.12(1)(a),
Wisconsin Statutes, 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, excepting City Ordinance
Nos. 97-1456 and 97-1457.
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.
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.
The provisions of this chapter shall be administered by the
City of Franklin.
The provisions of this chapter shall take effect on May 29,
2015.
As used in this chapter, the following terms shall have the
meanings indicated:
ALTERNATIVE REQUIREMENT
An alternative to the reclamation standards of this chapter provided through a written authorization granted by the City of Franklin pursuant to §
176-18.
APPLICABLE RECLAMATION ORDINANCE
A nonmetallic mining reclamation ordinance, including this
chapter, that applies to a particular nonmetallic mining site and
complies with the requirements of this Chapter NR 135, Wisconsin Administrative
Code and Subchapter I of Chapter 295, Wisconsin Statutes, unless the
Wisconsin Department of Natural Resources is the regulatory authority
as defined in this chapter. If the Wisconsin Department of Natural
Resources is the regulatory authority, "applicable reclamation ordinance"
means the relevant and applicable provisions of Chapter NR 135, Wisconsin
Administrative Code.
BORROW SITE
An area outside of a transportation project site from which
stone, soil, sand or gravel is excavated for use at the project site,
except the term does not include commercial sources.
CONTEMPORANEOUS RECLAMATION
The sequential or progressive reclamation of portions of
the nonmetallic mining site affected by mining operations that is
performed in advance of final site reclamation, but which may or may
not be final reclamation, performed to minimize the area exposed to
erosion, at any one time, by nonmetallic mining activities.
DEPARTMENT
The Wisconsin Department of Natural Resources.
EXISTING MINE
A nonmetallic mine where nonmetallic mining takes place before
August 1, 2001.
FINANCIAL ASSURANCE
A commitment of funds or resources by an operator to a regulatory authority that satisfies the requirements in §
176-14 and is sufficient to pay for reclamation activities required by this chapter.
HIGHWALL
A vertical or nearly vertical face in solid rock or a slope
of consolidated or unconsolidated material that exceeds 3:1.
LANDOWNER
The person who has title to land in fee simple or who holds
a land contract for the land. A landowner is not a person who owns
nonmetallic mineral rights to land, if a different person possesses
title to that land in fee simple or holds a land contract for that
land.
MUNICIPALITY
Any city, town or village and, where anywhere applicable
within this chapter, the City of Franklin.
NONMETALLIC MINERAL
A product, commodity or material consisting principally of
naturally occurring, organic or inorganic, nonmetallic, nonrenewable
material. Nonmetallic minerals include, but are not limited to, stone,
sand, gravel, asbestos, beryl, diamond, clay, coal, feldspar, peat,
talc and topsoil.
NONMETALLIC MINING or MINING
All of following:
A.
Operations or activities at a nonmetallic mining site for the
extraction from the earth of mineral aggregates or nonmetallic minerals
for sale or use by the operator. Nonmetallic mining includes use of
mining equipment or techniques to remove materials from the in-place
nonmetallic mineral deposit, including drilling and blasting, as well
as associated activities such as excavation, grading and dredging.
Nonmetallic mining does not include removal from the earth of products
or commodities that contain only minor or incidental amounts of nonmetallic
minerals, such as commercial sod, agricultural crops, ornamental or
garden plants, forest products, Christmas trees or plant nursery stock.
B.
Processes carried out at a nonmetallic mining site that is related
to the preparation or processing of the mineral aggregates or nonmetallic
minerals obtained from the nonmetallic mining site. These processes
include, but are not limited to, stockpiling of materials, blending
mineral aggregates or nonmetallic minerals with other mineral aggregates
or nonmetallic minerals, blasting, grading, crushing, screening, scalping
and dewatering.
NONMETALLIC MINING RECLAMATION or RECLAMATION
The rehabilitation of a nonmetallic mining site to achieve
a land use specified in a nonmetallic mining reclamation plan approved
under this chapter, including removal or reuse of nonmetallic mining
refuse, grading of the nonmetallic mining site, removal, storage and
replacement of topsoil, stabilization of soil conditions, reestablishment
of vegetative cover, control of surface water and groundwater, prevention
of environmental pollution and, if practicable, the restoration of
plant, fish and wildlife habitat.
NONMETALLIC MINING REFUSE
Waste soil, rock and mineral, as well as other natural site
material resulting from nonmetallic mining. Nonmetallic mining refuse
does not include marketable by-products resulting directly from or
displaced by the nonmetallic mining that are scheduled to be removed
from the nonmetallic mining site within a reasonable period of time
after extraction.
NONMETALLIC MINING SITE or SITE
All contiguous areas of present or proposed mining described
in Subsection A of this definition, subject to the qualifications
in Subsection B.
A.
"Nonmetallic mining site" includes the following:
(1)
The location where nonmetallic mining is proposed or conducted.
(2)
Storage and processing areas that are in or contiguous to areas
excavated for nonmetallic mining.
(3)
Areas where nonmetallic mining refuse is deposited.
(4)
Areas affected by activities such as the construction or improvement
of private roads or haulage ways for nonmetallic mining.
(5)
Areas where grading or regarding is necessary.
(6)
Areas where nonmetallic mining reclamation activities are carried
out or structures needed for nonmetallic mining reclamation, such
as topsoil stockpile areas, revegetation test plots, or channels for
surface water diversion, are located.
B.
"Nonmetallic mining site" does not include any of the following
areas:
(1)
Those portions of sites listed in Subsection
A not used for nonmetallic mining or purposes related to nonmetallic mining after August 1, 2001.
(2)
Separate, previously mined areas that are not used for nonmetallic
mineral extraction after August 1, 2001, and are not contiguous to
mine sites, including separate areas that are connected to active
mine sites by public or private roads.
(3)
Areas previously mined but used after August 1, 2001, for a
nonmining activity, such as stockpiles or materials used for an industrial
process unrelated to nonmetallic mining.
OPERATOR
Any person who is engaged in, or who has applied for a permit
to engage in, nonmetallic mining, whether individually, jointly or
through subsidiaries, agents, employees, contractors or subcontractors.
PERSON
An individual, owner, operator, corporation, limited liability
company, partnership, association, county, municipality, interstate
agency, state agency or federal agency.
REGULATORY AUTHORITY
A.
The City of Franklin for nonmetallic mine sites located within
its jurisdiction;
B.
A municipality in which the nonmetallic mining site is located
and which has adopted an applicable reclamation ordinance;
C.
The county in which the nonmetallic mining site is located, if no reclamation municipal ordinance exists pursuant to Subsection
B, provided the county has an applicable reclamation ordinance; or
D.
The Wisconsin Department of Natural Resources, but only if there
is no applicable reclamation ordinance enacted by the municipality
or the county in which the nonmetallic mining site is located.
REPLACEMENT OF TOPSOIL
The replacement or redistribution of topsoil or topsoil substitute
material to all areas where topsoil was actually removed or affected
by nonmetallic mining for the purposes of providing adequate vegetative
cover and stabilization of soil conditions needed to achieve the approved
post-mining land use and as required by the reclamation plan approved
pursuant to this chapter.
SOLID WASTE
Any garbage, refuse, sludge from a waste treatment plant,
water supply treatment plant or air pollution control facility and
other discarded or salvageable materials, including solid, liquid,
semisolid or contained gaseous materials resulting from industrial,
commercial, mining and agricultural operations, and from community
activities, but does not include solids or dissolved material in domestic
sewage, or solid or dissolved materials in irrigation return flows
or industrial discharges which are point sources subject to permits
under Chapter 283, Wisconsin Statutes, or source material, special
nuclear material or by-product material, as defined in Section 254.31(1),
Wisconsin Statutes.
TOPSOIL
The surface layer of soil which is generally more fertile
than the underlying soil layers, which is the natural medium for plant
growth and which can provide the plant growth, soil stability and
other attributes necessary to meet the success standards approved
in the reclamation plan.
TOPSOIL SUBSTITUTE MATERIAL
Soil or other unconsolidated material either used alone or
mixed with other beneficial materials and which can provide the plant
growth, site stability and other attributes necessary to meet the
success standards approved in the reclamation plan.
UNRECLAIMED ACRE or UNRECLAIMED ACRES
A.
Those unreclaimed areas in which nonmetallic mining has occurred after August 1, 2001, and areas where nonmetallic mining reclamation has been completed but is not yet certified as reclaimed under §
176-29C. However the term does not include any areas described in Subsection
B.
B.
"Unreclaimed acre" or "unreclaimed acres" does not include:
(1)
Those areas where reclamation has been completed and certified as reclaimed under §
176-29C.
(2)
Those areas previously affected by nonmetallic mining but which
are not used for nonmetallic mining after August 1, 2001.
(3)
Those portions of nonmetallic mining sites which are included
in a nonmetallic mining reclamation plan approved pursuant to this
chapter but are not yet affected by nonmetallic mining.
(4)
Areas previously mined but used after August 1, 2001, for a
nonmining activity, such as stockpiling of materials used for an industrial
activity such as an asphalt plant, concrete batch plant, block and
tile operation or other industry that uses products produced from
nonmetallic mining.
(5)
For purposes of fees under §
176-27, those areas within a nonmetallic mining site which the City of Franklin has determined to have been successfully reclaimed on an interim basis in accordance with §
176-29C.