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Village of Hobart, WI
Brown County
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The title of this Part 2 shall be "Nonmetallic Mining Reclamation Ordinance for the Village of Hobart."
The purpose of this Part 2 is to establish a local program to ensure the effective reclamation of nonmetallic mining sites on which nonmetallic mining takes place in the Village of Hobart after the effective date of this Part 2, in compliance with Chapter NR 135, Wisconsin Administrative Code, and Subchapter I of Chapter 295, Wisconsin Statutes.
This Part 2 is adopted under authority of § 295.14(1), Wis. Stats., § NR 135.32, Wisconsin Administrative Code, and § 61.34(1), Wis. Stats.
The purpose of this Part 2 is to adopt and implement the uniform statewide standards for nonmetallic mining required by § 295.12(1)(a), Wis. Stats., and contained in Chapter NR 135, Wisconsin Administrative Code. It is not intended that this Part 2 repeal, abrogate, annul, 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 Part 2 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, Wisconsin Statutes, and Chapter NR 135, Wisconsin Administrative Code. Where any terms or requirements of this Part 2 may be inconsistent or conflicting, the more restrictive requirements or interpretation shall apply. Where a provision of this Part 2 is required by Wisconsin Statutes, or by a standard in Chapter NR 135, Wisconsin Administrative Code, and where the provision is unclear, the provision shall be interpreted to be consistent with the Wisconsin Statutes and the provisions of Chapter NR 135, Wisconsin Administrative Code.[1]
[1]
Editor's Note: Following this section, Ord. No. 07-2014 provided an explanatory note to authors of ordinances regarding §§ 194-18 and 194-19. The text of this note may be viewed in the copy of Ord. No. 07-2014 that is on file in the Village offices.
Should any portion of this Part 2 be declared unconstitutional or invalid by a court of competent jurisdiction, the remainder of this Part 2 shall not be affected.
A. 
Overall applicability. The requirements of this Part 2 apply to all operators of nonmetallic mining sites within the Village of Hobart and as provided in § NR 135.02(1) and (2), Wisconsin Administrative Code, except where exempted in Subsection B of this section.
B. 
Exemptions. This Part 2 does not apply to the exempt activities listed in § NR 135.02(3), Wisconsin Administrative Code.
The provisions of this Part 2 shall be administered by Village of Hobart.
The provisions of this Part 2 shall take effect on January 6, 2015.
All definitions for the purposes of this Part 2 are those contained in § NR 135.03, Wisconsin Administrative Code.