This chapter is adopted pursuant to § 66.038, Wis.
Stats., which is adopted by reference and made a part of this chapter
as if fully set forth herein.
As used in this chapter, the following terms shall have the
meanings indicated:
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 chapter 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 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 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 or Subchapter III of Ch. 295, 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 Subchapters II to IV of Ch. 289, Wis. Stats., or a hazardous
waste disposal facility under Ch. 291, Wis. Stats., but this chapter
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 City Council.