The mineral extraction permit or the right to continue a legal
nonconforming use shall be terminated on the happening of any of the
following events unless a different process or terms are specified
in its interim use permit:
A.
The date or event of termination specified in the interim use permit.
B.
Upon a violation of any applicable laws, rules, or Township Code,
or of a condition under which the permit was issued or the right to
continue the use was conditioned, but only after the Town Board has
first provided written notice to the operator and landowner (if different
from the operator) describing the specific violation and steps necessary
to be in compliance with the permit or condition and after having
been given a reasonable opportunity to remedy the violation. The notice
of violation shall inform the operator that failure to correct the
violation as directed in the notice may result in the revocation of
the interim use permit or right to continue the legal nonconforming
use and the time period in which the violation must be corrected.
C.
If the operator fails to correct the violation as described in a
notice of violation within the identified correction period, the Town
Board may undertake a process to consider and act on the revocation
of the interim use permit issued for the operation or the permission
for the legal nonconforming use. The Township shall provide the operator
and landowner (if different from the operator) at least 10 days'
written notice of a public hearing before the Town Board to consider
the revocation of the interim use permit. The notice shall identify
the violation or violations resulting in the proposed revocation.
The operator and any other interested party will have an opportunity
to be heard during the hearing. The Town Board may revoke the interim
use permit or the right to continue the legal nonconforming use if
it determines a violation occurred and the operator failed to correct
it as directed in the notice of violation. As an alternative to immediate
revocation, the Town Board may, in its sole discretion, allow the
operator to enter into a correction agreement with the Township to
allow the operation to continue provided it complies with the terms
and conditions of the agreement. The correction agreement shall identify
any corrective actions the operator must take, may require the posting
of a bond or other security related to the performance of the required
corrective actions, and may set out such other terms, conditions,
and requirements as the Town Board determines are reasonable to ensure
the operator corrects any existing violations and remains in compliance
with the permit or nonconforming use conditions and all applicable
laws, rules, regulations, and ordinances.
D.
Each day that a violation continues beyond the allotted time to repair
constitutes a new violation.
Any person who violates or fails to comply with any provision
of this chapter shall be guilty of a misdemeanor and, upon conviction
thereof, shall be punished to the maximum extent authorized in Minnesota
Statutes, as amended from time to time. Each day the violation continues
shall constitute a separate offense. If the violations are not remedied
to the satisfaction of the Town Board, the permit will be terminated.
If at any time it is proven that the mining operation is contaminating
drinking water as proscribed by the Minnesota Department of Health
Safe Drinking Water Standards or any natural spring, the Town Board
will notify the operator and landowner (if different from the operator)
in writing and mining will cease immediately. If this cannot be resolved
to the satisfaction of the Town Board, the permit will be terminated.
All complaints must be in writing and available for public viewing
unless the Township determines, in its discretion, to keep the identity
of the complainant confidential pursuant to the Minnesota Data Practices
Act.
