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Town of Genesee, WI
Waukesha County
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Table of Contents
Table of Contents
Code
New Laws (6) Index
This chapter shall be known as the "Nonmetallic Mining Reclamation Ordinance for the Town of Genesee."
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 the Town of Genesee after the effective date of this chapter, in compliance with Ch. NR 135, Wis. Adm. Code, and Subchapter I of Ch. 295, Wis. Stats.
This chapter is adopted under authority of § 295.14(1), Wis. Stats., § NR 135.32, Wis. Adm. Code, and § 60.22, Wis. Stats.
The purpose of this chapter is to adopt and implement the uniform statewide standards for nonmetallic mining 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, annual, impair or interfere with any existing rules, regulations, 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.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
A. 
Overall applicability. The requirements of this chapter apply to all operators of nonmetallic mining sites within the Town of Genesee operating on or commencing to operate after August 1, 2001, and as provided in § NR 135.02(1) and (2), Wis. Adm. Code, except where exempted in Subsection B of this section.
B. 
Exemptions. This chapter does not apply to the exempt activities listed in § NR 135.02(3), Wis. Adm. Code.
The provisions of this chapter shall be administered by the Town of Genesee Town Board or its designee.
All definitions for the purposes of this chapter are those contained in § NR 135.03, Wis. Adm. Code.