No person may engage in nonmetallic mining or in nonmetallic mining reclamation without possessing a nonmetallic mining reclamation permit issued pursuant to the applicable reclamation ordinance, unless the activity is specifically exempted in §
176-7A or
B, or Subsection
B of the definition of "nonmetallic mining site" in §
176-10.
A. Required submittal. All operators of nonmetallic mining sites shall
apply for a reclamation permit from the City of Franklin. All applications
for reclamation permits under this section shall be accompanied by
the following information:
(1) A brief description of the general location and nature of the nonmetallic
mine.
(2) A legal description of the property on which the nonmetallic mine
is located or proposed, including the parcel identification number.
(3) The names, addresses and telephone numbers of all persons or organizations
who are owners or lessors of the property on which the nonmetallic
mining site is located.
(4) The name, address and telephone number of the person or organization
who is the operator.
(5) A certification by the operator of his or her intent to comply with the statewide nonmetallic mining reclamation standards established by Article
II.
B. Reclamation permit application contents. The operator of any nonmetallic
mine site shall submit an application that meets the requirements
specified below to the City of Franklin.
(1) The information required by Subsection
A.
(3) A reclamation plan conforming to §
176-13.
(4) A certification that the operator will provide, as a condition of the reclamation permit, financial assurance as required by §
176-14 upon granting of the reclamation permit and before mining begins.
(5) To avoid duplication, the permit application and submittals required
under this subsection may, by reference, incorporate existing plans
or materials that meet the requirements of this chapter.
An application for a nonmetallic mining reclamation permit shall
be denied as set forth below:
A. An application to issue a nonmetallic mining reclamation permit shall be denied, within the time frame for permit issuance specified in §
176-16, if the City of Franklin finds any of the following:
(1) The applicant has, after being given an opportunity to make corrections,
failed to provide to the City of Franklin an adequate permit application,
reclamation plan, financial assurance or any other submittal required
by Chapter NR 135, Wisconsin Administrative Code, or this chapter.
(2) The proposed nonmetallic mining site cannot be reclaimed in compliance
with the reclamation standards contained in Chapter NR 135, Wisconsin
Administrative Code, or Subchapter I of Chapter 295, Wisconsin Statutes.
(3) Serious violations.
(a)
The applicant, or its agent, principal or predecessor, has,
during the course of nonmetallic mining in Wisconsin within 10 years
of the permit application or modification request being considered,
shown a pattern of serious violations of this chapter or of federal,
state or local environmental laws related to nonmetallic mining reclamation.
(b)
The following may be considered in making this determination
of a pattern of serious violations:
[1]
Results of judicial or administrative proceedings involving
the operator or its agent, principal or predecessor.
[2]
Suspensions or revocations of nonmetallic mining reclamation
permits pursuant to this chapter, other reclamation ordinances or
Chapter NR 135, Wisconsin Administrative Code.
[3]
Forfeitures of financial assurance.
(4) A denial under this subsection shall be in writing and shall contain
documentation of reasons for denial.
B. A decision to deny an application to issue a reclamation permit may be reviewed under §
176-22.
A nonmetallic mining reclamation permit issued under this chapter
shall be transferred to a new owner or operator upon satisfaction
of the following conditions:
A. A nonmetallic mining reclamation permit may be transferred to a new
operator upon submittal to the City of Franklin of proof of financial
assurance and a certification in writing by the new permit holder
that all conditions of the permit will be complied with.
B. The transfer is not valid until financial assurance has been submitted
by the new operator and accepted by the City of Franklin and the City
of Franklin makes a written finding that all conditions of the permit
will be complied with. The previous operator shall maintain financial
assurance until the new operator has received approval and provided
the financial assurance under this section.
For any nonmetallic mining site which had a reclamation permit previously issued by the City pursuant to Chapter NR 135, Wisconsin Administrative Code, that becomes subject to reclamation permitting authority of any other regulatory authority, the terms and conditions of the previously issued municipal reclamation permit shall remain in force until modified by that regulatory authority pursuant to §
176-23A.
Any permitting decision or action made by the City of Franklin
under this chapter may be reviewed as set forth in this section. Notwithstanding
Sections 68.001, 68.03(8) and (9), 68.06 and 68.10(1)(b), Wisconsin
Statutes, any person who meets the requirements of Section 227.42(1),
Wisconsin Statutes, may obtain a contested case hearing under Section
68.11, Wisconsin Statutes, on the City of Franklin's decision
to issue, deny or modify a nonmetallic mining reclamation permit.