This chapter is adopted under authority of § 295.13(1),
Wis. Stats., § NR 135.32, Wis. Adm. Code, and § 59.51,
Wis. Stats.
This chapter shall be known as the "Green Lake
County Nonmetallic Mining Reclamation Ordinance."
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 Green Lake County after the effective date of this chapter, in compliance with Ch. NR 135, Wis. Adm. Code, and Subchapter I of Ch. 295, Wis. Stats.
The purpose of this chapter is to adopt and
implement the uniform statewide standards for nonmetallic mining reclamation
required by § 295.12(1)(a), Wis. Stats., and contained in
Ch. NR 135, Wis. Adm. Code. It is not intended that this chapter repeal,
abrogate, annul, impair or interfere with any existing rules, regulation,
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 Ch. 295, Wis. Stats., and Ch. NR 135, Wis. Adm. 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 Ch. NR 135, Wis. Adm. Code, and where the provision is unclear, the provision shall be interpreted to be consistent with the Wisconsin Statutes and the provisions of Ch. NR 135, Wis. Adm. 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.
A.
Overall applicability. The requirements of this chapter apply to all operators of nonmetallic mining sites within Green Lake County operating on or commencing to operate after August 1, 2001, except as exempted in Subsection B below, and for nonmetallic mining sites located in a city, village or town within Green Lake County that has adopted an ordinance pursuant to § 295.14, Wis. Stats., and § NR 135.32(2), Wis. Adm. Code. This chapter does not apply to nonmetallic mining sites where nonmetallic mining permanently ceases before August 1, 2001. This chapter applies to nonmetallic mining conducted by or on behalf of the State of Wisconsin, by or on behalf of a municipality or for the benefit or use of the state or any state agency, board, commission or department, except for the waiver of financial assurance in § 323-16C.
B.
Exemptions. This chapter does not apply to the following
activities:
(1)
Nonmetallic mining at a site or that portion of a
site that is subject to permit and reclamation requirements of the
Wisconsin Department of Natural Resources under § 30.19,
30.195 or 30.20, Wis. Stats., and complies with Ch. NR 340, Wis. Adm.
Code.
(2)
Excavations subject to the permit and reclamation
requirements of § 30.30 or 30.31, Wis. Stats.
(3)
Excavations or grading by a person solely for domestic
or farm use at that person's residence or farm.
(4)
Excavations or grading conducted for the construction,
reconstruction, maintenance or repair of a highway, railroad, airport
facility, or any other transportation facility where the excavation
or grading is entirely within the property boundaries of the transportation
facility.
(5)
Grading conducted for preparing a construction site
or restoring land following a flood or natural disaster.
(6)
Excavations for building construction purposes conducted
on the building site.
(7)
Nonmetallic mining at nonmetallic mining sites that
affects less than one acre of total area over the life of the mine.
(8)
Any mining operation, the reclamation of which is
required in a permit obtained under Ch. 293, Wis. Stats.
(9)
Any activities required to prepare, operate or close
a solid waste disposal facility under Ch. 289, Wis. Stats., or a hazardous
waste disposal facility under Ch. 291, Wis. Stats., that are conducted
on the property where the facility is located, but an applicable nonmetallic
mining reclamation ordinance and the standards established in this
chapter apply to activities related to solid waste or hazardous waste
disposal that are conducted at a nonmetallic mining site that is not
on the property where the solid waste or hazardous waste disposal
facility is located, such as activities to obtain nonmetallic minerals
to be used for lining, capping, covering or constructing berms, dikes
or roads.
(10)
Stone, soil, sand or gravel.
(a)
Nonmetallic mining conducted to obtain stone,
soil, sand or gravel for construction, reconstruction, maintenance
or repair of a highway, railroad, airport, or any other transportation
facility or part thereof, if the nonmetallic mining is subject to
the requirements of the Wisconsin Department of Transportation concerning
the restoration of the nonmetallic mining site.
(b)
This exemption only applies to a nonmetallic
mining operation with limited purpose and duration where the Wisconsin
Department of Transportation actively imposes reclamation requirements
and the operator reclaims the nonmetallic mining site in accordance
with these requirements. The duration of the exemption shall be specific
to the length of the Wisconsin Department of Transportation contract
for construction of a specific transportation project.
(c)
If a nonmetallic mining site covered under Subsection B(10)(a) and (b) above is used to concurrently supply materials for projects unrelated to the Wisconsin Department of Transportation project, the exemption in this subsection still applies, provided that the site is fully reclaimed under Wisconsin Department of Transportation contract and supervision.
(11)
Dredging for navigational purposes, to construct
or maintain farm drainage ditches and for the remediation of environmental
contamination and the disposal of spoils from these activities.
(12)
Removal of material from the bed of Lake Michigan
or Lake Superior by a public utility pursuant to a permit under § 30.21,
Wis. Stats.
The provisions of this chapter shall be administered
by the Green Lake County Land Use Planning and Zoning Department.
The provisions of this chapter shall take effect
upon passage and publication as provided by law.
