[HISTORY: Adopted by the Town Board of the Town of Ledgeview
as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-20-2009 by Ord. No. 2009-035]
Nonmetallic mining is recognized as an important industry which
contributes to the Town's economic and social well-being but
which risks damage to the long-term physical environment and the tax
base of the Town. It is the purpose of this article to establish regulations
for nonmetallic mining and site reclamation that will protect the
environment and the tax base both during and after the conduct of
mining operations in compliance with Ch. NR 135, Wis. Adm. Code, and
Subchapter I of Chapter 295, Wis. Stats.
This article is adopted under the authority of § 295.13(1),
Wis. Stats., § NR 135.32, Wis. Adm. Code, and § 60.22,
Wis. Stats.
In this article, terms shall mean the following:
The cessation of nonmetallic mining operations for more than
360 consecutive days where the cessation is not specifically set forth
in an operator's application, operation or reclamation plan or
permit or by other written request deemed sufficient by the Town.
"Abandonment of operations" does not include the cessation of activities
due to labor strikes or natural disasters.
Any horizontal or vertical increase beyond dimensions of
the original application for the project site and shall be subject
to the diminishing assets rule.
The contaminating or rendering unclean or impure the air,
land or waters of the state or making the same injurious to public
health, harmful for commercial or recreational use, or deleterious
to fish, bird, animal or plant life.
Any vertical or horizontal increase or decrease within the
dimensions of the original application for the project site.
Operations or activities for the extraction from the earth
for sale or use by the operator of mineral aggregates such as stone,
sand, gravel and nonmetallic minerals such as asbestos, beryl, clay,
feldspar, peat, talc and topsoil-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" or "nonmetallic mining
operation" does not include or allow the following activities or uses
by way of illustration, which include but are not limited to manufacture
of concrete building blocks or other similar products, asphalt or
hot blacktop mixing and production of ready-mix concrete.
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.
The location where a nonmetallic mining operation is proposed
to be conducted or is conducted, including all surface areas from
which minerals 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.
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 a nonmetallic mining reclamation
ordinance, whether individually, jointly or through subsidiaries,
agents, employees, contractors or subcontractors.
The owner and operator of a proposed or existing nonmetallic
mining site and all owners of property located within 1,000 feet of
the boundaries of a proposed or existing nonmetallic mining site.
Any permit which may be required under this article of an
operator as a condition precedent to commencing or continuing nonmetallic
mining at a project site.
An individual, owner, operator, corporation, limited liability
company, partnership, association, county, municipality, interstate
agency or federal agency.
The rehabilitation of a nonmetallic mining site, including,
but not necessarily including, and 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.
The replacement of the topsoil which was removed and disturbed
by a nonmetallic mining operation or the provision and placement of
soil which is at least as adequate, in the opinion of the Town, as
the topsoil which was removed or disturbed for the purposes of providing
adequate vegetative cover and stabilization of soil conditions.
A quantity of durable stones or concrete pieces of varying
size and shape, placed as a protective layer over soil in such a manner
that the smaller pieces fill the spaces between the larger pieces.
Concrete pieces are less desirable than stones for this use, and those
with exposed reinforcing rods shall not be used.
That material (normally the A and upper part of the B horizon)
which, based upon the official national cooperative soil survey, is
acceptable for respreading on the surface of regraded areas to provide
a medium which sustains a dense plant growth capable of preventing
wind and water erosion of the topsoil and other materials beneath.
The Town of Ledgeview.
This article is applicable to all nonmetallic mining sites within the Town of Ledgeview and as provided in § NR 135.02(1) and (2), Wis. Adm. Code, except where exempt as provided by § 131-6. This article applies to any portion of a nonmetallic mining site, including unreclaimed portions of a site, which was mined prior to the effective date of this article.
A.
The provisions of this article 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, Wis. Stats., and Ch.
NR 135, Wis. Adm. Code. Where any terms or requirements of this article
may be inconsistent or conflicting, the more restrictive requirements
or interpretation shall apply. Where a provision of this article 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.
B.
It is not intended that this article 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.
This article does not apply to the following activities:
A.
Excavations or grading by a person solely for domestic or farm use
at his or her residence or farm.
B.
Excavations or grading conducted for the construction, reconstruction,
maintenance or repair of highway, railroad, airport facility, or any
other transportation facility where the excavation or grading is entirely
within the property boundaries of the transportation facility.
C.
Grading conducted for preparing a construction site or restoring
land following a flood or natural disaster.
D.
Excavations for building construction purposes conducted on the building
site.
E.
Any mining operation, the reclamation of which is required in a permit
obtained under Ch. 293, Wis. Stats.
F.
Any activities conducted at a soil or hazardous waste disposal site
required to prepare, operate or close a solid waste disposal facility
under Ch. 289 or a hazardous waste disposal facility under Ch. 291,
Wis. Stats.; provided, however, that section applies to activities
related to solid or hazardous waste disposal which are conducted at
a nonmetallic mining 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.
G.
Any nonmetallic mining site or portion of a site which is subject
to permit and reclamation requirements of the Department of Natural
Resources under §§ 30.19, 30.195 and 30.20, Wis. Stats.,
and which complies with Ch. NR 340, Wis. Adm. Code.
H.
Nonmetallic mining at nonmetallic mining sites where less than one
acre of total affected acreage occurs over the life of the mine.
I.
Excavations subject to the permit and reclamation requirements of
§§ 30.30 and 30.31, Wis. Stats.
J.
Any other exemption pursuant to § NR 135.02(3) Wis. Adm.
Code.
A.
General requirement. An operator shall obtain a nonmetallic mining
permit prior to engaging in nonmetallic mining or the enlargement
of a site. Such permit applications are subject to public hearing
before the Town Board. Permits shall be denied if the Town Board finds
that the project does not conform with the minimum standards set forth
in this article or if the applicant has failed or continues to fail
to comply with this section.
B.
Application. The application for a permit shall be submitted to the
Town Clerk on forms provided by the Town. The application for a mining
permit shall be signed by the applicant and shall be accompanied by
information which shall include, but not be limited to, the following:
(1)
The names, addresses and telephone numbers all persons or organizations
who are owners or lessors of the property on which the nonmetallic
mining site is located, as well as a brief description of the nature
of the nonmetallic mine.
(2)
Lease(s): a signed copy of the lease(s) which authorizes the operator
to enter upon the lessor's land for the purpose of mining as
defined in this article. The expiration date of the lease shall clearly
be indicated thereon.
(3)
Legal description: a legal description, including the parcel identification
number, and a survey map of the tracts of land to be involved and
affected by the proposed operation and the approximate total number
of acres involved.
(4)
General map: five copies of a general map which shall be drawn at
a scale of no less than one inch equals 100 feet and shall include
the following:
(a)
Property boundaries of the operator's owned and/or leased
land consistent with the legal description for the premises.
(b)
Location and names of all known streams, roads, railroads, utility
lines on or immediately adjacent to the site.
(c)
Location of all structures owned by parties in interest within
1,000 feet.
(d)
Names and addresses of parties in interest.
(e)
Boundaries for the site.
(f)
Location and description of mining site boundary stakes and
permanent reference point.
(g)
Zoning of the site.
(h)
Existing and proposed drainage within and without the site of
operations to a distance of 500 feet reflecting the handling of all
waters, natural, pumped, surface, and identify wetlands thereon.
(i)
Locate and identify setbacks.
(5)
Operation plan. The operation plan shall include information about
the site, a legal description of the proposed nonmetallic mining operation,
methods and procedures to be used in mining the site, including the
following:
(a)
Type of mining, processing and transportation equipment to be
used.
(b)
Type of materials to be extracted.
(c)
A description of the proposed horizontal and vertical limits
of the proposed operation plan.
(d)
Primary travel routes to be used to transport material to processing
plants or markets.
(e)
Measures to be taken to control noise, dust and vibrations from
the operations.
(f)
If explosives are to be used in the operation, a copy of the
blaster's explosive use plan should be on file with the Town.
(g)
A statement that the applicant has complied with all Wisconsin
State Statutes, Administrative Code provisions and Town/county ordinances
regulating erosion control, wetlands, navigable streams, air quality,
zoning, water drainage and discharge from the site of operation and
that all required plans and permits have been submitted and/or obtained
by the applicant.
(h)
A certification by the operator of his or her intent to comply
with the statewide nonmetallic mining reclamation standards established
by Subchapter II of Ch. NR 135, Wis. Adm. Code.
(6)
Reclamation plan. The permit shall be subject to Ch. NR 135 Wis.
Adm. Code, and the applicant shall prepare and submit a reclamation
plan that meets the requirements of § NR 135.19, Wis. Adm.
Code. In order to avoid duplication, the plan may, by reference, incorporate
existing plans or materials that meet the requirements of this article.
(7)
Certificate of insurance. Each application for a permit herein, or
a renewal thereof, shall be accompanied by a certificate of insurance
for a commercial general liability policy, and said policy of insurance
shall have limits of coverage of not less than $2,000,000 in the aggregate
and $1,000,000 per occurrence.
[Amended 8-16-2011 by Ord. No. 2011-011]
(8)
Other information. The Town Board may require the submittal of such
other information as may be necessary to determine the nature of the
nonmetallic mining operation and proposed reclamation and the effect
on the surrounding area. The Town Board may waive portions of the
specified information if it is satisfied that, because of the nature
or method of the operation, such information is not relevant or is
unnecessary to a full and proper evaluation of the application. In
determining what information shall be waived, the Town Board shall
take into account, among other things, the nature of the applicant's
operation and whether the operation is a legally preexisting operation.
It shall be the obligation of the applicant to request any such waiver.
Such request shall set forth the justification for such waiver.
A.
Standards for evaluation and approval. Upon the submission of a completed
application, Town staff shall perform an initial review and shall
prepare initial recommendations for the Board. In performing this
initial review, the staff may consult with outside experts. Town staff
shall provide the initial recommendations to the applicant as well
as the Board prior to its final review. The Town Board shall review
the site plan, staff recommendations, existing and proposed structures,
architectural plans, neighboring land and water uses, parking areas,
driveway locations, highway access, traffic generation and circulation,
drainage, the proposed operation, the effects of the proposed use,
structure, operation and improvement upon flood damage protection,
water quality, shoreland cover, natural beauty and wildlife habitat,
quality of life of the neighborhood and Town and any other pertinent
requirements deemed necessary by the Town Board so as to eliminate,
alleviate or control any unreasonable hazard, danger, harm, risk or
nuisance that exists or could develop as a result of the operation
and reclamation for which the application is made. In making such
determinations, the Town Board shall consider whether or not the applicant
is applying as to a legal preexisting operation and use and the rights
which may have accrued to such applicant as a result thereof. The
Town Board may use outside consultants to determine these conditions
at the applicant's expense.
B.
Public hearing.
(1)
Within 30 days after receipt of a complete permit application and
a recommendation from the Town Plan Commission, the Town Clerk shall
schedule a public hearing on the application before the Town Board;
the application shall be submitted to the Planning Commission and
the Town's consultants for their recommendation prior to Town
Board action.
(2)
Notice of the aforementioned public hearing shall be published as
a Class 2 notice in a newspaper of general circulation within the
Town of Ledgeview. In addition, notice of said public hearing shall
be mailed to the last-known address of all owners of property within
500 feet of the subject property. Failure to receive notice shall
not invalidate any action taken by the Town Board.
(3)
At the hearing on an application for a nonmetallic mining permit,
the Town Board shall hear and receive any evidence or sworn testimony
presented by the applicant or an authorized agent. At the conclusion
of the applicant's presentation, the Town Board shall hear first
any public comments from those in support of the application, then
from those in opposition to the application and finally the recommendation
of the Planning Commission and the Town's consultants. The applicant
shall be given an opportunity to respond to any adverse comments,
evidence or recommendations.
(4)
Approval or denial. Within 30 days after the hearing, the Town Board
shall either grant, deny or grant with modification the application
based upon specific findings and conclusions. The Town Board may grant
an application conditioned upon meeting certain operational and reclamation
provisions and standards, which shall not be less stringent than the
minimum standards hereinafter set forth. In deciding upon an application
for a legally preexisting operation, the Town Board shall take into
account the preexisting nature and circumstances of the operation.
(5)
Appeal. Appeals from the decision of the Town Board in granting or
denying a license shall be to the Circuit Court.
(6)
All stone quarries as nonmetallic mining operations legally existing
at the effective date of this article shall not be subject to the
public hearing requirements except for enlargement.
(7)
No public notice or informational hearing is required for a nonmetallic
mining reclamation permit issued to a local transportation-related
mine pursuant to § NR 135.23(1), Wis. Adm. Code.
The permit shall be subject to the provisions and requirements
of §§ 295.11 to 295.20, Wis. Stats.
A.
Right of access. The filing of an application shall grant the Town
and its officers, consultants and agents the right of access onto
the site and contiguous lands owned or leased by the applicant for
the purpose of inspecting the site and adjacent lands for pre-permit
issuance inspections, for compliance with the permit if issued and
for any other purpose relative to this section. Except in emergencies,
access shall be granted during normal business hours with reasonable
notice to the operator. Inspectors shall report to the person in charge
of the site and comply with established safety rules and regulations.
B.
After the issuance of a permit, all nonmetallic mining operations,
as a condition of their permit, shall comply with all Wisconsin State
Statutes, Administrative Code provisions, and Town/county ordinances
regulating erosion control, wetlands, navigable streams, air quality,
zoning, water drainage and discharge from the site of operation and
that all required plans and permits have been submitted and/or obtained
by the applicant.
C.
Boundary staking. All excavation and phase boundaries, if any, shall
be staked or otherwise marked per the survey by the operator and inspected
by the Town prior to commencing operations on a site. Stakes shall
be made of steel consisting of, at a minimum, a two-inch pipe. Stakes
shall be placed on all corners of the site, and additional stakes
shall be placed every 300 feet between corner stakes. Stakes shall
be set so they are at least five feet above ground level and painted
so they are visible.
D.
Plans on site. A copy of the plans and specifications returned by
the Town at the time of permit issuance shall be kept on the project
site throughout the entire excavation and reclamation period.
E.
Permit period. Nonmetallic mining permits shall last through the operation and reclamation of the nonmetallic mining site, unless suspended or revoked pursuant to § 131-16B.
F.
Limits of operation. Projects shall be limited to approved dimensions.
G.
Conflicts with other regulations. It is the responsibility of the
operator to obtain any local, state or federal permits or approvals.
H.
Compliance with reclamation. The operator shall comply with progressive
reclamation plans, if any, and final reclamation plans for the site.
I.
Notification of commencement and cessation. The operator shall notify
the Town in writing at least 15 days prior to initial nonmetallic
mining operations and at least 30 workdays prior to final completion
of project reclamation. All phases within a site shall also comply
with the notification requirements above. When a phase is complete,
the operator shall notify the Town Board for approval of the reclamation
before entering the next phase.
J.
Records of operations. All records of the permittee regarding the
conduct of the nonmetallic mining operation which are reasonably needed
for the proper monitoring and evaluation of the operation or the enforcement
of this article shall be subject to inspection by the Town officials
at all reasonable times; provided, however, that Town personnel, to
the extent provided by law, shall take reasonable steps to prevent
disclosure of records which the operator advises in writing contain
privileged trade secret information.
K.
Complaints of violations. In the event of a complaint of a violation
of this section, the plan of operation or the plan of reclamation,
the permittee shall be notified thereof in writing by the Town and
shall respond to the Town in writing within 10 working days of notification
by the Town. In the event the permittee shall fail to respond or shall
deny any violation without reasonable grounds, the permittee shall
be liable for the reasonable costs of investigation of such complaint,
including the cost of any experts if, after hearing, its been determined
that there has been a violation of the article.
L.
Other conditions. The Town may apply such other conditions or requirements
as are necessary to ensure the proper operation and the progressive
and final reclamation in a manner consistent with this section and
to limit any adverse environmental impacts. Standards contained in
Ch. Trans. 207, Wis. Adm. Code, or in State of Wisconsin Department
of Transportation Standards Specifications for Road and Bridge Construction
may be applied to any appropriate aspect of this article.
(1)
Hours of operation:
(a)
These time parameters only restrict the operation of crushing
equipment and drilling operations for blasting purposes. Additional
hours of operation will be subject to approval of the Town Board through
the permit process: 6:00 a.m. to 6:00 p.m., Monday through Friday,
all year; 6:00 a.m. to 12:00 noon, Saturday, all year; no operations
on Sundays or holidays.
(b)
The following hours of operation apply to trucking and loader
operations. Extension of these hours in emergency situations may be
approved by the Town Chairman or his designee: 6:00 a.m. to 8:00 p.m.,
Monday through Friday, all year; 6:00 a.m. to 12:00 noon, Saturday,
all year; no operations on Sunday or holidays.
(2)
Setbacks. The nonmetallic mining operation shall be set back a minimum
of 200 feet from the face of the Niagara Escarpment, 100 feet from
the right-of-way line of all highways, streets or roads and all exterior
property lines and a minimum of 500 feet to the nearest residence.
Uses accessory to the nonmetallic mining operation such as parking
and loading areas and stockpiles of materials, except for landscaped
berms, shall be set back a minimum of 100 feet from the right-of-way
line of all highways, streets or roads and from all property lines.
Existing setbacks for those stone quarries in existence as of the
effective date of this article shall not be subject to this provision
and shall be located and identified on the General Map for the site.
The setback requirements will be applicable for any site enlargement.
(3)
Dust control. Opacity limit for all fugitive emissions at the property
line of the site shall comply with DNR requirements. Dust control
may not create a nuisance.
(4)
Blasting notification. Before any blasting operation may be conducted
within the Town of Ledgeview, the company or operator shall give notice
thereof by the conspicuous display of a fluorescent flag and legible
sign giving notice of the blasting operations. The flag and sign shall
be displayed at least 24 hours prior to and during all blasting operations.
This notice requirement is in addition to any other notices required
by law or regulation.
(5)
The Town reserves the right to test affected wells within 1,000 feet
of the quarry operation.
A.
Applications for permit renewal must be submitted in writing to the
Town Clerk at least 60 days prior to the expiration date of the existing
permit. Such applications shall comply with the provisions of this
section but need not include any items previously submitted with a
prior application for a permit for such site. Renewal applications
may merely indicate no change in such items. Any previously submitted
items which have been changed from the prior applications shall be
resubmitted showing any such changes.
B.
No permit renewal shall be granted unless the project is in reasonable
compliance with the terms of the existing permit.
C.
Permit renewals may be conditioned upon correction of any unanticipated
environmental impacts occurring during the original or renewal permits.
D.
No public hearing shall be required to be held with respect to a renewal application unless the application provides for an enlargement of the previously approved site or otherwise provides for an alteration or change in the method of operations or reclamation previously approved which might adversely affect the use or enjoyment of nearby properties. Site enlargement shall be subject to all the provisions and procedures set forth in § 131-7 of this article.
All nonmetallic mining operations existing at the effective
date of this article shall, within 30 days of said effective date
of this article, be provided with a copy of this section via certified
mail. Within 90 days of their receipt of this section, operators of
existing nonmetallic mining operations shall submit the necessary
plans to bring said operation into conformity with this article. Such
period may be extended for an additional 90 days upon review and approval
by the Town Board of said written request for extension. Pending the
receipt and review of a timely submitted application by the Town Board,
the operation shall be permitted to continue the existing nonmetallic
mining operation at the site for which an application was submitted.
If a permit is denied, the applicant shall cease nonmetallic mining
operations at such site; however, the applicant shall be given a reasonable
period of time for the processing and removal of existing materials
and/or stockpiles.
A.
Site modification. An operator may apply for a modification or cancellation
of a project permit or for a change in the reclamation plan for a
project site. The application for the modification, cancellation or
change shall be submitted in writing by the operator and shall identify
the site to be removed or affected by a change in the operation and
reclamation plans.
B.
Transfer of permit. When one operator succeeds to the interest of
another in an uncompleted site, the Town Board shall release the fast
operator of the responsibilities imposed by the permit, but only if
first:
C.
Site enlargement. Any proposed enlargement shall be processed as
a new application pursuant to this article. All provisions of this
section shall apply to the proposal.
The application for an initial permit or renewal permit requiring
a public hearing under this article shall be accompanied by a fee
as set from time to time by resolution of the Town Board. An application
for a renewal permit under this article, for which no public hearing
is required, shall be accompanied by a fee in the amount set from
time to time by resolution of the Town Board.
The Town Board or its designee may enter the premises of a nonmetallic
mining site in the performance of its or their official duties, or
pursuant to a special inspection warrant issued under § 66.122,
Wis. Stats.,[1] in order to inspect the premises to act on any application
hereunder, to ascertain compliance with the nonmetallic mining reclamation
ordinance and permit, or to investigate any alleged violation. It
shall be a condition of a permit issued hereunder that, upon request,
such person shall be granted access to the premises during hours of
operation for purposes of any such inspection, provided that applicable
safety laws, rules and regulations are adhered to.
[1]
Editor's Note: Renumbered as § 66.0119 and
amended by 1999 Act 150, §§ 287 to 290, effective 1-1-2001.
A.
Enforcement. The following are criteria that the Town Board may consider
for issuance, reissuance, suspension or revocation of a nonmetallic
mining permit:
(1)
Compliance with the reclamation standards established by the State
of Wisconsin.
(2)
Submittal to the Town Board of the Town of Ledgeview a nonmetallic
mining operation plan and compliance with the operation plan.
(3)
Submittal to the Town Board of the Town of Ledgeview a nonmetallic
mining reclamation plan and compliance with the operation plan as
required by state law.
(4)
Maintaining the certificate of insurance required by the Town Board
of the Town of Ledgeview.
(5)
Compliance with the operational hours for operation of the nonmetallic
mining operation.
(6)
Installation, provision and maintenance of adequate and necessary
physical structures, equipment and operational controls as determined
by the Town Board to prevent public nuisances and to protect the public
health and safety of persons residing near the nonmetallic mining
operation or person entering the nonmetallic mining operation, including
public nuisances associated with noise, dust, odors, fires, explosions,
water pollution, air pollution and erosion.
(7)
Attempts made by the permittee or party in interest to comply with
the provisions of this article.
(8)
Consideration of extenuating circumstances and matters beyond the
control of the permittee or party in interest.
B.
Suspension/revocation.
(1)
Unless expressly provided herein or by other Town of Ledgeview ordinance
provisions, the nonmetallic mining permit may be suspended or revoked
for cause for substantial noncompliance with the article after the
proper Town of Ledgeview hearing noted below, unless in an emergency
condition determined by the Town Board of the Town of Ledgeview wherein
the license, registration or permit can be suspended temporarily for
a set time period. Prior to any action for suspension or revocation,
the Town Board of the Town of Ledgeview must, by the Town Clerk of
the Town of Ledgeview, receive a verified complaint concerning the
permittee. The following persons may file a verified complaint with
the Town Board of the Town of Ledgeview:
(2)
The Town Board may suspend or revoke a nonmetallic mining permit
issued pursuant to this article if it finds that the operator violated
any of the grounds listed in § NR 135.25(1), Wis. Adm. Code.
If the determination is made to suspend or revoke, the Town Board
may take any action authorized by § NR 135.25(2) or (3),
Wis. Adm. Code.
(3)
The person subject to charges for violation of any Town of Ledgeview
ordinance or any violation of a condition of the nonmetallic mining
permit shall be provided a copy of the verified complaint and notice
of hearing before the Town Board of the Town of Ledgeview. The hearing
shall be required to be not less than 10 days nor more than 30 days
after receipt of notice, unless stipulated in writing by the Town
Board of the Town of Ledgeview and the person subject to charges.
(4)
The Town Board of the Town of Ledgeview may, after the hearing for
any person previously issued a nonmetallic mining permit by the Town
Board of the Town of Ledgeview, act as follows:
(5)
The final decision of the Town Board of the Town of Ledgeview to
revoke or suspend the nonmetallic mining permit shall be subject to
appeal to the Circuit Court, which appeal must be filed with the Circuit
Court not later than 45 days from the mailing of the Town Board's
decision to the permit holder.
C.
Penalty.
(1)
In addition to the denial, suspension or revocation of a permit issued
under this article, any person who shall violate any provision of
this article or who shall fail to obtain a permit as required hereunder
shall, upon conviction of such violation, be subject to a penalty
of a civil forfeiture of not less than $200 nor more than $1,000,
together with the costs of prosecution. Any default of such forfeiture
determined by a court of competent jurisdiction shall be subject to
any penalties as provided by §§ 66.0109, 66.0113, 66.0114
and 66.0115, Wis. Stats., as may be amended.
(2)
Each violation and each day a violation continues or occurs shall
constitute a separate offense. Nothing in this article shall preclude
the Town from maintaining any appropriate action to prevent or remove
a violation of any provision of this article.
