Town of Genesee, WI Article IV Administration

§ 400-20 Permit modification.

A. By the Town of Genesee. A nonmetallic mining reclamation permit issued under this chapter may be modified by the Town of Genesee Board or its designee if it finds that, due to changing conditions, the nonmetallic mining site is no longer in compliance with this chapter. Such modification shall be by an order conforming to the procedures in § 400-29 and as provided in § NR 135.24(1), Wis. Adm. Code.

B. At the operator's option. If the operator of any nonmetallic mine that holds a reclamation permit issued under this chapter desires to modify such permit or reclamation plan approved under this chapter, it may request such modification by submitting a written application for such modification to the Town of Genesee Town Board or its designee. The application for permit or plan modification shall be acted on using the standards and procedures of this chapter.

C. Required by the operator. The operator of any nonmetallic mine that holds a reclamation permit issued under this chapter shall request a modification of such permit if required under the circumstances set out in § NR 135.27, Wis. Adm. Code. Such application for permit modification shall be acted on using the standards and procedures of this chapter.

D. Review. All actions on permit modifications requested or initiated under this section are subject to review under § 400-19.

§ 400-21 Permit suspension or revocation.

A. Grounds. The Town of Genesee Town Board or its designee may suspend or revoke a nonmetallic mining reclamation permit issued pursuant to this chapter if it finds any of the grounds listed in § NR 135.25(1), Wis. Adm. Code.

B. Procedures. If the Town of Genesee Town Board or its designee finds grounds for suspending or revoking a nonmetallic mining reclamation permit set forth in Subsection A, it may issue a special order suspending or revoking such permit as set forth in § 400-29B.

C. Consequences. The consequences of a reclamation permit suspension or revocation order under Subsection B shall be as set forth in § NR 135.25(2) and (3), Wis. Adm. Code.

§ 400-22 Annual operator reporting.

A. Contents and deadline. Annual reports shall be submitted by the operators of nonmetallic mining sites that satisfy the requirements of § NR 135.36, Wis. Adm. Code. These reports shall be for reclamation during a calendar year and submitted in writing within 60 days of the end of each calendar year to the Town of Genesee Town Board or its designee. Annual reports shall be submitted until reclamation at each nonmetallic mining site is certified as complete under § 400-26C.

B. Inspection in lieu of report. The Town of Genesee or its designee may, at its discretion, obtain the information required in Subsection A by written documentation of an inspection it completes during a calendar year, as set forth in § NR 135.36(4), Wis. Adm. Code.

C. Retention of annual reports. Annual reports submitted under this section or inspection records that replace them shall be retained by the Town of Genesee Town Board or its designee for at least 10 years after the calendar year to which they apply. These records, or accurate copies of them, shall be made available to the Wisconsin Department of Natural Resources upon written request or during its inspection or audit activities carried out pursuant to Ch. NR 135, Wis. Adm. Code.

§ 400-23 Plan review fees.

A. Amount and applicability. A person who intends to operate a nonmetallic mining site for which a permit application has been submitted under § 400-10B shall submit a nonrefundable plan review fee set by the Town Board. No plan review fee may be assessed under this section for any local transportation-related mine issued an automatic permit under § 400-14C. A separate plan review fee shall be paid under this section for any modification to an existing reclamation plan submitted pursuant to § 400-20.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

B. Expedited plan review fee. A person who intends to operate a nonmetallic mining site for which a permit application has been submitted under § 400-10B may obtain expedited reclamation plan review by paying a fee set by the Town Board. Such fee shall be in addition to that required in Subsection A.[2]

[2] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

C. Relation to annual fee. Any reclamation plan review fee or expedited reclamation plan review fee collected under this section shall be added to and collected as part of the first annual fee collected under § 400-24.

§ 400-24 Annual fees.

A. Areas subject to fees; procedures and deadlines. Operators of all nonmetallic mining sites subject to reclamation permits issued under this chapter shall submit fees as required under this chapter to the Town of Genesee Town Board. Fees paid under this section shall include both a share for the Wisconsin Department of Natural Resources under Subsection B and a share for the Town of Genesee under Subsection C that equals as closely as possible the costs of examination and approval on nonmetallic mining reclamation plans and the inspection of nonmetallic mining reclamation sites. These fees shall be calculated based on amount of unreclaimed acres of each site as defined in § NR 135.39(1), Wis. Adm. Code, and according to its provisions. Such fees apply to a calendar year or any part of a year in which nonmetallic mining takes place, until final reclamation is certified as complete under § 400-26. Fees shall be paid no later than December 31 before the year for which they apply.

B. Wisconsin Department of Natural Resources share of fee. Fees paid under this section shall include a share for the Wisconsin Department of Natural Resources equal to the amount specified in § NR 135.39(3), Wis. Adm. Code. For sites on which no nonmetallic mining has taken place during a calendar year, fees to be paid under this section for the following year shall be set by the Town Board.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

C. Town of Genesee's share of fee. Fees paid under this section shall also include an annual fee due to the Town of Genesee which shall be set by the Town Board, to be established on an unreclaimed acre basis and equal as closely as possible the county or municipal cost of administering the reclamation program.[2]

[2] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

D. Reduced fee for inactive mines. Any site on which nonmetallic mining activity has not taken place in a calendar year shall be assessed a fee for the following calendar year set by the Town Board.[3]

[3] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

E. Documentation of the Town of Genesee's share of fee. If the annual fee in Subsection C is greater than that established in § NR 135.39(4)(c), Wis. Adm. Code, the Town of Genesee shall document in writing its estimated program costs and the need for its annual fees established in Subsection C on or before June 1, 2001. This documentation shall be available for public inspection.

§ 400-25 Regulatory reporting and documentation.

A. Reporting. The Town of Genesee Town Board or its designee shall send an annual report to the Wisconsin Department of Natural Resources including the information required by § NR 135.37, Wis. Adm. Code.

B. Documentation. The Town of Genesee Town Board or its designee shall, to the best of its ability, maintain the information set forth in § 135.47(3), Wis. Adm. Code, and make it available to the Wisconsin Department of Natural Resources for that agency's audit of the Town of Genesee's reclamation program pursuant to § NR 135.47, Wis. Adm. Code.

§ 400-26 Completed reclamation; reporting, certification and effect.

A. Reporting. The operator of a nonmetallic mining site may certify completion of reclamation for a portion or all of the nonmetallic mining site pursuant to a reclamation plan prepared and approved pursuant to this chapter and Ch. NR 135, Wis. Adm. Code.

B. Reporting of interim reclamation. The operator of a nonmetallic mining site may report completion of interim reclamation as specified in the reclamation plan for the site prepared and approved pursuant to this chapter and Ch. NR 135, Wis. Adm. Code. Reporting of interim reclamation shall be done according to the procedures in Subsection A.

C. Certification of completed reclamation. The Town of Genesee Town Board or its designee shall inspect a nonmetallic mining site for which reporting of reclamation or interim reclamation has been submitted pursuant to this section within 60 days of receipt and make a determination in writing in accordance with § NR 135.40(7)(c), Wis. Adm. Code. If it is determined that interim or final reclamation is complete, including revegetation as specified in a plan that conforms to § 400-11, the Town of Genesee Town Board or its designee shall issue the mine operator a written certification of completion.

D. Effect of completed reclamation.

(1) If reclamation is certified by the Town of Genesee or its designee as completed under Subsection C for part or all of a nonmetallic mining site, then:

(a) No fee shall be assessed under § 400-24 for the area so certified.

(b) The financial assurance required by § 400-12 shall be released.

(2) For sites which are reported as interim reclaimed under Subsection B and so certified under Subsection C, financial assurance for reclaiming the certified area shall be reduced.

E. Effect of inaction following report of completed reclamations. If no written response as required by Subsection C for an area of the mine site reported as reclaimed or interim reclaimed is given within 60 days of receiving such request, any annual fee paid to the Town of Genesee for it under § 400-24 shall be refunded.

§ 400-27 Permit termination.

When all final reclamation required by a reclamation plan conforming to § 400-11 and required by this chapter is certified as complete pursuant to § 400-26, the Town of Genesee Town Board or its designee shall issue a written statement to the operator of the nonmetallic mining site, thereby terminating the reclamation permit.