Modifications may be made to permits issued under Article
V according to the procedures set forth below:
A. By Washington County or the Town. A nonmetallic mining reclamation
permit issued under this chapter may be modified by the county or
the Town if it finds that, due to changing conditions, the nonmetallic
mining site is no longer in compliance with Ch. NR 135, Wis. Adm.
Code, or this chapter. An order may require the operator to amend
or submit new application information, reclamation plan, proof of
financial assurance or other information needed to ensure compliance
with Ch. NR 135, Wis. Adm. Code, or this chapter.
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 county. 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 changes occur to the area to be mined,
the nature of the planned reclamation, or other aspects of mining
required by the reclamation plan approved pursuant to this chapter.
Such application for permit modification shall be acted on using the
standards and procedures of this chapter.
D. Review. All actions by the county on permit modifications requested or initiated under this section are subject to review under §
357-34.
A permit issued under Article
V may be suspended or revoked as set forth below:
A. Grounds. Washington County or the Town may suspend or revoke a nonmetallic
mining reclamation permit issued pursuant to this chapter if it finds
the operator has done any of the following:
(1) Failed to submit a satisfactory reclamation plan within the time
frames specified by the county.
(2) Failed to submit or maintain financial assurance as required by this
chapter.
(3) Failed on a repetitive and significant basis to follow the approved
reclamation plan.
B. Procedures. If the county or Town finds grounds for suspending or revoking a nonmetallic mining reclamation permit set forth in this section, it may issue a special order suspending or revoking such permit as set forth in §
357-54.
C. Consequences.
(1) If the county or Town makes any of the findings in this section, it may suspend a nonmetallic mining reclamation permit for up to 30 days. During the time of suspension, the operator may not conduct nonmetallic mining at the site, except for reclamation or measures to protect human health and the environment as ordered by the county or Town pursuant to §§
357-52 through
357-57.
(2) If the county or Town makes any of the findings in this section,
it may revoke a nonmetallic mining reclamation permit. Upon permit
revocation, the operator shall forfeit the financial assurance it
has provided pursuant to this chapter to the Town. The Town may use
forfeited financial assurance to reclaim the site to the extent needed
to comply with this chapter and the applicable reclamation plan through
private contract or force work accounts.
When the county has certified pursuant to §
357-48 that final reclamation measures have been completed according to the approved reclamation plan and all other applicable requirements of this chapter, the county shall issue a written statement to the operator of the nonmetallic mining site, thereby terminating the reclamation permit.