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City of Glenwood City, WI
St. Croix County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Common Council of the City of Glenwood City 8-26-2013 by Ord. No. 2013-02. Amendments noted where applicable.]
GENERAL REFERENCES
Hazardous materials — See Ch. 245.
Licenses and permits — See Ch. 271.
Stormwater management — See Ch. 364.
Floodplain zoning — See Ch. 415.
Wellhead protection — See Ch. 442.
Zoning — See Ch. 450.
A. 
Findings. Nonmetallic mining operations, while a component of our state and local economy, can have both direct and indirect adverse impacts. Studies have documented that, depending on the type of geological deposit being mined and the manner and methods of mining and processing used, nonmetallic mining operations can have adverse impacts on groundwater and surface water and can generate harmful levels of dust and noise, particularly if blasting and crushing operations are undertaken. Nonmetallic mining sites can have negative impacts on the landscape and aesthetics if not properly screened and can present safety concerns to members of the public if not properly secured. Truck traffic from such operations can also generate off-site impacts, including safety concerns to children and other residents. While certain aspects of mining operations are subject to state or federal regulation, there is no comprehensive state or federal regulation of nonmetallic mining operations. Many aspects of nonmetallic mining operations are left unregulated with potential adverse impacts to the public health, safety and welfare of the residents of the City.
B. 
Purpose. The purpose of this chapter is to provide minimum standards for all nonmetallic mining operations in the City and to require licenses for nonmetallic mining operators in order to protect public health and safety, to preserve the scenic beauty of the City's landscapes and environment, to protect the public from damage to both the quantity and quality of ground- and surface waters, to minimize or prevent adverse impacts from on-site and off-site operations, and to promote the general welfare of the people and communities within the City of Glenwood City.
C. 
Authority. This chapter is adopted by the City of Glenwood City pursuant to its authority under § 62.11(5), Wis. Stats., and other authority under the statutes. Any amendment, repeal or recreation of the statutes relating to this chapter made after the effective date of this chapter is incorporated into this chapter by reference on the effective date of the amendment, repeal or recreation.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
A. 
This chapter shall apply to all nonmetallic mining operations and mine sites within the City of Glenwood City except as set forth in Subsection B.
B. 
This chapter shall not apply to the following nonmetallic mining operations:
(1) 
Excavations or grading by a person solely for domestic or farm use at that person's residence or farm.
(2) 
Excavations or grading conducted for the construction, reconstruction, maintenance or repair of a highway, railroad, or any other transportation facility where the excavation or grading is entirely within the property boundaries of the highway, railroad or other transportation facility.
(3) 
Grading conducted for preparing a construction site (except a nonmetallic mining site) or restoring land following a flood or natural disaster.
(4) 
Excavations for building construction purposes conducted on the building site.
(5) 
Nonmetallic mining at nonmetallic mining sites where less than one acre of total affected acreage occurs over the life of the mine.
(6) 
Removal from the earth of products or commodities that contain only minor or incidental amounts of nonmetallic minerals, such as commercial sod, agricultural crops, ornamental or garden plants, forest products, Christmas trees or plant nursery stock.
(7) 
Any nonmetallic mining site owned or operated by the City of Glenwood City.
As used in this chapter, the following terms shall have the meanings indicated:
ADJOINING LANDOWNER
Any property within 1/2 mile of the proposed mine site regardless of whether there is a residence or structure on the property.
CITY
The City of Glenwood City in St. Croix County, Wisconsin.
COMMON COUNCIL
The Common Council of the City of Glenwood City in St. Croix County, Wisconsin.
LANDOWNER
The person who has title to land in fee simple or who holds a land contract for the land.
MINE SITE or SITE
Land from which mineral aggregates or nonmetallic minerals will be extracted for sale or use by the operator and/or any land on which there are or will be located any structures, equipment, storage facilities, stockpiles, washing, drying, dewatering, transfer, transload or screening facilities, private roads, rail spurs or haulage ways associated with a nonmetallic mining operation and all contiguous lands to the nonmetallic mining operation under common ownership or control of the owner or operator.
NONMETALLIC MINERAL
A product, commodity or material consisting principally of naturally occurring, organic or inorganic, nonmetallic, nonrenewable material. Nonmetallic minerals include but are not limited to stone, rock, sand, gravel, asbestos, beryl, diamond, clay, coal, feldspar, peat and talc.
NONMETALLIC MINING
Any or all of the following:
A. 
Extraction from the earth of mineral aggregates or nonmetallic minerals for off-site use or sale, including drilling and blasting as well as associated activities such as excavation, grading and dredging of such materials.
B. 
Manufacturing or processing operations that may involve the use of equipment for the crushing, screening, separation, drying, dewatering, or blending of the mineral aggregates or nonmetallic minerals obtained by extraction from the mining site or with materials transferred from off site.
C. 
Manufacturing processes aimed at producing nonmetallic products for sale or use by the operator.
D. 
Stockpiling of nonmetallic minerals or finished products for sale or use off site and stockpiling of waste materials.
E. 
Transport, transfer or transload of the extracted nonmetallic minerals, finished products or waste materials to or from the extraction site.
F. 
Disposal of waste materials.
G. 
Reclamation of the extraction site.
OPERATOR
Any person who is engaged in or who has applied for a license to engage in nonmetallic mining, whether individually, jointly or through subsidiaries, agents, employees, contractors, or subcontractors.
OPERATOR'S LICENSE or LICENSE
The license required of mining operators in this chapter to undertake nonmetallic mining in the City of Glenwood City.
WASTE MATERIAL
The nonmarketable by-product that results directly from or is displaced by extraction or that is a by-product of a manufacturing process that is scheduled for disposal at the extraction site or some other site as part of a reclamation plan.
A. 
License requirement. Except as set forth in Subsection F, no person shall operate a nonmetallic mine site within the scope of this chapter in the City of Glenwood City without first obtaining an operator's license from the Common Council.
B. 
License term.
(1) 
An operator's license may be granted for a period of up to two years commencing on the date the license is issued and ending on the third anniversary of the issuance of the license.
(2) 
An operator's license may be renewed as set forth in § 284-8, except that a temporary operator's license may not be renewed.
C. 
License amendment. If the City has issued an operator's license, the operator may request an amendment to that license during the license term, using the same process as the original license application.
D. 
License transfer. An operator's license may be transferred to a new operator only with the prior written permission of the Common Council, which shall be granted if the new operator agrees to the conditions in place with the current operator and if the new operator provides all financial assurances as may be required by the City, county, or state. For clarity, if the current operator enters into a mining agreement with the City pursuant to § 284-13 of this chapter, the current license may not be transferred unless and until the new operator agrees with the City in writing to assume all of the obligations under said mining agreement and to abide by the terms and conditions set forth in said mining agreement.
E. 
License revocation. An operator's license may be revoked under the procedures in § 284-9.
F. 
Registration license. Nonmetallic mining operations that meet all of the following criteria may apply for a registration license under § 284-14 in lieu of an operator's license:
(1) 
A nonmetallic mining operation where less than five acres of total affected acreage occurs over the life of the mine or the processing facility or which meets all of the following: produces less than 15,000 tons per year, and generates less than one haul truck per hour over an eight-hour-period, and where no washing or processing of nonmetallic minerals occurs.
(2) 
The nonmetallic mining operation does not involve blasting.
(3) 
The nonmetallic mining operation does not involve processing of materials from off site.
(4) 
The nonmetallic mining operation does not involve mining at a depth below the point that is 10 feet above the groundwater table.
A. 
Application form. The application form for an operator's license to mine in the City of Glenwood City shall be available from the City Clerk-Treasurer.
B. 
Application submittal. The applicant shall submit five copies of the application form and all required documentation required under § 284-6 to the City Clerk-Treasurer accompanied by the payment of both the application fee and the base administrative fee established by the Common Council for the administration of this chapter. The fees shall be made payable to "Clerk-Treasurer, City of Glenwood City." The application form shall be signed by the operator and by the landowner, provided the landowner is a person other than the operator.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
C. 
Initial review by the Common Council.
(1) 
Preliminary review. The City Clerk-Treasurer shall forward the application to the Common Council for initial review to determine if additional information or expertise is necessary to properly evaluate the application. If no additional information or expertise is deemed necessary the Common Council shall schedule the application for consideration under Subsection D.
(2) 
Additional information. The Common Council may request the applicant to submit additional information if the Common Council determines that the application is incomplete. The Common Council may also retain the services of an engineering firm or other qualified person with appropriate expertise ("retained expert") to review the application and report to the Common Council whether additional information is required for review of the application and to determine whether the application meets the standards of this chapter.
(3) 
Additional fees. If the Common Council determines that additional expertise is required, the Common Council shall authorize retaining the services of an engineering firm, attorney or other qualified person with appropriate expertise to advise the City and shall give written notice to the applicant of the additional administrative fee to be charged beyond the base administrative fee to cover the cost of the services of any such retained expert. The additional fee shall be paid before the additional review is undertaken.
(4) 
Retained expert report. Once the applicant has submitted any additional information and has paid the additional administrative fee in the amount charged, the retained expert shall report to the Common Council on whether the application meets the requirements of this chapter.
D. 
Decision by the Common Council.
(1) 
Notice and hearing. Once the application is complete and any report by a retained expert has been completed, the City Clerk-Treasurer shall place the application on the agenda for the next regular meeting of the Common Council. If a special meeting is warranted, the applicant shall pay the additional fees incurred for the special meeting. In the sole discretion of the Common Council, the Common Council may hold a public hearing regarding the application.
(2) 
Common Council decision. The Common Council may take immediate action or set a date for the meeting at which time it shall make a final decision on the operator's license. If a special meeting is warranted, the applicant shall pay the additional fees incurred for the special meeting. The Common Council may grant the license if it determines that the operation of the mine will be consistent with the minimum standards and the purposes of this chapter. If the Common Council denies the license, the applicant may request a hearing under the provisions of § 284-9C.
All applicants for a mining operator's license shall submit a complete application form. Incomplete applications will be returned to the applicant and review of the application will be put on hold. Applicants shall submit all of the following information, including any information not specifically requested on the application form as attachments to the form:
A. 
Ownership information.
(1) 
The name, address, phone number(s), and e-mail address of the operator of the nonmetallic mining operation.
(2) 
The name, address, phone number(s), and e-mail address of all owners or lessors of the land on which the mining operation will occur.
(3) 
The operator shall designate a local contact person (either on site or with an office in St. Croix or Dunn County) who the City can contact for information or with concerns. Said contact person shall be available by phone or in person during the hours the mine is in operation.
(4) 
If the nonmetallic mining operation is subject to a lease, a copy of a fully executed lease and/or agreement between the landowner and the operator who will engage in mining operations on the proposed site.
(5) 
Only landowners who are current on their property taxes are eligible to apply.
B. 
Site information and maps.
(1) 
A certified survey map(s), survey or other reasonably accurate and complete map and parcel identification number(s) of the property on which the nonmetallic mining operation will be located. Easements and restrictions of record shall be noted on the map.
(2) 
An aerial photo of the proposed site at a scale of one inch equals 660 feet signed by both the operator and the landowner.
(3) 
The location within the site of all existing buildings and other structures, equipment, stockpiles, storage and parking areas.
(4) 
A topographic map or maps of the mine site extending 1/2 mile beyond the site boundaries at contour intervals no wider than 10 feet showing the boundaries of the site, the location and total acreage of the site, and the name of all roads within one mile of the site.
(5) 
A map on which all residential, agricultural and municipal wells within the City limits and outside the City limits but within 1/2 mile of the boundaries of the site in all directions are marked and given a numerical identification of the location.
(6) 
The location and name of all surface waters, including lakes, private or public ponds, streams (including intermittent streams and headwaters), drainage ditches, wetlands, drainage patterns and other water features on the site and within 1/2 mile of the site.
(7) 
The location and names of existing roads, trails, railroads, utility rights-of-way, and any cultural or historical features.
(8) 
A description of the distribution, depth and type of topsoil on the site as well as the geological composition and depth and width of the nonmetallic deposit.
(9) 
The gradient and depth of the groundwater table shall be determined by on-site boring or test wells. Data shall be gathered and analyzed by a qualified hydrogeologist either hired by the applicant or retained by the Common Council at the applicant's expense. Test wells located in the down-gradient direction of groundwater flow shall be located so that they can serve as permanent sentinel monitoring wells during the course of operations.
(10) 
For manufacturing, drying, transfer, transload or processing facilities within the City, a map identifying the location of all other noncontiguous sites within the City of Glenwood City and any other municipality, if any, that will contribute extracted material to the same manufacturing, drying, transfer, transload or processing facility to which the site for which the applicant seeks a license will contribute extracted material.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(11) 
A copy of the reclamation plan filed with the county and any permits issued by other federal, state or local agencies for the nonmetallic mining operation.
C. 
Operation plan.
(1) 
Dates of the planned commencement and duration of the mining operation.
(2) 
Description of phases or phasing of the mining operation.
(3) 
Description of mining methods, machinery and equipment to be used for extraction and processing of the extracted material and the sequence of operations.
(4) 
Estimated volume of material to be extracted over the life of the mine and for the next calendar year (or if the mine site is solely a drying, processing, transload or transfer facility, the amount of product that will pass through the site over the life of the site and for the next calendar year).
(5) 
Location of road access points. The proposed location within the site of all buildings and other structures, equipment, stockpiles, storage and parking areas.
(6) 
Identification of all proposed off-site trucking routes, together with the frequency of traffic and the common schedule of travel to be used for transporting extracted materials or products to or from the site.
(7) 
A water budget, including an estimate of the amount of daily water use, water sources, and methods for disposing of water used at, or falling on, the site, including methods used for infiltration and control of runoff.
(8) 
A listing of any hazardous materials, including fuel supplies, that will be stored on site and a description of measures to be used for securing and storing these materials.
(9) 
A listing of all flocculants and other chemicals and approximate quantities used in the manufacturing or processing operations or in controlling dust and a detailed description of all expected releases and a final disposal plan for each.
(10) 
Any other information reasonably determined necessary by the City.
D. 
Information demonstrating compliance with minimum standards.
(1) 
The operator shall provide the information necessary to demonstrate that the mining operation will comply with the minimum standards in § 284-7.
(2) 
For mining operations commencing after the effective date of this chapter, the operator shall also provide information establishing baseline conditions at the site before mining operations commence, including the groundwater elevation across the site, groundwater quality at the site for lead, arsenic, turbidity, total suspended solids, chlorides, nitrates, specific conductivity and any chemical or residual of the chemical used as a flocculent and any other toxic substance and any other toxic metal that may reasonably be believed to be present in the area or in the type of deposit from which the extraction will be made, and the base flow of surface water within 1/2 mile of the site.
(3) 
The operator shall disclose to the City all citations or enforcement actions it has received or been a party to in the last 10 years relating to mining.
E. 
Special exceptions. The applicant can request a special exception from the application requirements of this section if it can demonstrate that the information required can be provided by alternative means or is not necessary for an evaluation of the particular mining operation, and that the public health, safety and welfare will not be adversely affected thereby.
The Common Council may grant a license to mine if the applicant can demonstrate that the following minimum standards of operation will be met. A granted license may be revoked if the minimum standards have been violated by the operation.
A. 
General standards.
(1) 
The operator shall stake or otherwise mark the borders of the entire site and shall secure the site by fencing or other appropriate measures.
(2) 
The operator shall demonstrate compliance with all of the other provisions of this chapter.
(3) 
No blasting or "bumping" shall occur without special written permission by the Common Council, or the operator shall have obtained a blasting permit from the City pursuant to the City's Blasting Ordinance if one has been enacted.
(4) 
The operator shall demonstrate that all other applicable federal, state and local permits and approvals required for the nonmetallic mining operation have been or will be obtained prior to commencement of operation. The operator shall demonstrate this by submitting a copy of all permits, approvals, or waivers of permits to the City prior to commencing operations.
(5) 
The operator shall minimize backup alarm sounds as much as possible and use "white noise" backup alarms to the extent permitted under federal and state regulations.
(6) 
There shall be no jake braking of trucks entering and leaving the mine site. The operator shall inform all truck drivers and any independent contractors that they must comply with the no jake braking rule and all other applicable traffic codes. If a trucker disregards this notice, the operator shall take steps to correct the action or stop using any such trucking company that refuses to comply.
(7) 
The operator shall meet at least annually with the City at a regular April Common Council meeting (or a special Common Council meeting at the Common Council's discretion) regarding operations and possible issues.
(8) 
The operator shall contact the City Clerk-Treasurer or Mayor as soon as possible and no later than within two hours in the event of hazardous chemical or waste spills, leaks or contamination of any kind or in the event of a release of any chemical, dust or particles above levels permitted by applicable regulations.
(9) 
The operator shall provide notice to the City of any notices of violation, citations, or other enforcement actions taken by any other governmental body against the mining operation within the City within 15 days of receiving such notice from the governmental body.
(10) 
All chemicals used for coagulation and flocculation of solids in water or for any other treatment of water on the mine site must be NSF/ANSI 60 Standard approved.
(11) 
The maximum amount of land open to active mineral extraction shall be 35 acres. Active mineral extraction includes the open pit and areas actively being prepared for extraction (including activities such as grading and removal of topsoil and other overburden). This provision does not apply to areas which are actively undergoing reclamation. It does not apply to processing facilities or general infrastructure which is outside of the active mineral extraction area. Any questions of interpretation of the extent of the active mineral extraction area shall be determined by the City Engineer. The City Engineer shall submit a written determination to the operator and the City Clerk-Treasurer. The City Engineer's determination may be appealed by the operator to the Common Council. Any such appeal shall be filed with the City Clerk-Treasurer within 10 days of receipt of the determination.
B. 
Standards regarding off-site impacts.
(1) 
The operator shall undertake all measures necessary for the control of surface water runoff from nonmetallic mining operations in order to prevent pollution and erosion of sediment onto neighboring properties, surface water and groundwater, and shall also comply with the standards for erosion control under Chs. NR 216 and NR 151, Wis. Adm. Code, as applicable.
(2) 
In the event that the mine site contains areas adjacent to the nonmetallic mining operations that are being used for agricultural, commercial or residential purposes, the operator shall undertake all measures necessary to control surface water runoff from those areas from entering mining operations or otherwise causing contamination of surface water and groundwater.
(3) 
The operator shall provide a buffer area of a minimum of 100 feet along bordering property lines and public roadways. If a berm is placed within this one-hundred-foot buffer area and it lies along a public roadway, the bottom edge of the berm shall be a minimum of 20 feet from the edge of any roadside ditch and shall be vegetated to minimize erosion entering the ditch. Berms along neighboring properties shall be 20 feet from the property line.
(4) 
The operator shall screen the mining operations from public view to the maximum extent practicable through the use of berms, additional setbacks or other measures. Prior to construction, the City shall be consulted on the analysis and configuration of berm construction and placement.
(5) 
The operator shall limit normal hours of operations to 10 hours a day Monday through Friday, except legal holidays and Fridays after 12:00 noon prior to holiday weekends, during daylight hours and not later than 6:00 p.m. to minimize off-site impacts to residents. The operator may submit a plan for extended hours as a special exception or as part of a mining agreement, if it can demonstrate that additional hours are reasonably necessary for the mining operation and it would be consistent with public, health safety and welfare.
(6) 
The operator shall limit heavy truck or other vehicle operation to the haul routes approved by the City. The operator shall obtain a current bus schedule from all school districts which operate regular bus runs on any roads used by the trucks. The operator shall ensure that trucks from the mining site shall not interfere with the safety of children being taken to or returned from school, or the safety of residents and commuters at times when traffic volumes from commuters going to and from work are highest.
(7) 
The operator shall limit night lighting on site to that which is minimally necessary for security, and, wherever possible, the lighting shall be shielded from illuminating off-site areas. Every effort consistent with legal requirements for aerial safety shall be made to minimize illumination of the night sky. The operator shall take steps to mitigate the light pollution. At a minimum such measures shall include the following:[1]
(a) 
The use of full cutoff shrouds on all lights.
(b) 
Portable lighting shall be used only as necessary to illuminate temporary work areas.
(c) 
The use of berms of sufficient height coupled with other methods of visual screening to block light from neighboring properties.
(d) 
The design and location of access roads to minimize lights from traffic and operations to neighboring properties.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(8) 
Regardless of the actual monthly production of the nonmetallic mine, the operator shall cover all trucks hauling with secured tarps and utilize all relevant dust control measures specified in § NR 415.075, Wis. Adm. Code. Additionally, the operator shall have an established protocol for additional dust control measures when the National Weather Service has issued a high wind warning for the area.
(9) 
The operator shall control off-site noise levels to the maximum extent practicable. The noise levels at the boundaries of the mining or processing site shall not exceed 60 dB.
(10) 
The operator will comply, and cause its contractors and employees to comply, with the seasonal spring special weight restrictions or any other emergency restrictions imposed upon City roads for the approximate six-week period beginning in March.
(11) 
Air monitors.
(a) 
If an applicant is applying for an operator's license, the operator shall be required to monitor the ambient level of airborne particulate matter of 2.5 microns in size (PM 2.5) and total suspended particulates (TSP) as measured by the method described in Appendices L and B, respectively, of 40 CFR Part 50 (2011) or a method approved in writing by the City. The type and number of monitors needed, the location of the monitors, and frequency and duration of the monitoring program shall be determined by agreement of the operator, the Common Council and its consultant, but all costs associated with monitoring shall be borne by the operator.
(b) 
If the air monitors show an exceedance of 35 micrograms per cubic meter of PM 2.5 in any twenty-four-hour period, the operator shall evaluate and implement additional best management practices to minimize PM 2.5 emissions.
(c) 
If the air monitors show an exceedance of 150 micrograms per cubic meter of TSP in any twenty-four-hour period, the operator shall evaluate and implement additional best management practices to minimize TSP.
(d) 
The operator shall compile a quarterly summary of monitoring results report within 10 days of the end of each month that shall be available to the Common Council.
(12) 
The amount of waste material (nonmarketable fines) returned to a mine site as part of the reclamation process shall not exceed the site-specific ratio of waste to target material of the extracted raw material as determined prior to the processing of the raw material. A processing facility shall keep records of the tonnage of raw material drawn from each raw material source. The tonnage of waste by-product that is returned to each mine reclamation site shall not exceed the tonnage of waste contained in the raw material received at the processing facility from that site.
C. 
Standards regarding groundwater and surface water.
(1) 
Impacts to groundwater quality.
(a) 
The mine shall have at least one sentinel well at the boundary of the mining site that is down-gradient of the groundwater flow. The operator shall take quarterly samples of the sentinel well for lead, arsenic, turbidity, total suspended solids, chlorides, nitrates, specific conductivity and any chemical or residual of the chemical used as a flocculent and any other toxic substance that may reasonably be believed to be present in the area or in the type of deposit from which the extraction will be made during the first two years of operation and twice a year in subsequent years.
(b) 
The operator shall sample, for lead, arsenic, turbidity, total suspended solids, chlorides, nitrates, specific conductivity and any chemical or residual of the chemical used as a flocculent and any other toxic substance that may reasonably be believed to be present in the area or in the type of deposit from which the extraction will be made, all private and municipal wells within the City and all wells outside of the City limits within 1/2 mile of the mine site down-gradient of the groundwater flow every two years and private wells on the perimeter of other sides of the mine site every three years. In addition, monitoring at the sentinel well shall determine changes in the level of the groundwater table.
(c) 
Prior to the onset of mining operations, all private and municipal wells within the City and all wells outside of the City limits within 1/2 mile of the property on which the mine site is located shall be sampled for lead, arsenic, turbidity, total suspended solids, chlorides, nitrates, specific conductivity and any other toxic substance that may reasonably be believed to be present in the area or in the type of deposit from which the extraction will be made.
(2) 
Impacts to groundwater quantity.
(a) 
Mining operations shall not extract materials at a depth below the point that is 10 feet above the groundwater table.
(b) 
Mining operations shall not cause a significant reduction in the quantity of groundwater available for reasonable use by current users within the City or outside the City limits but within 1/2 mile of the mine site. A significant reduction is a drop in the water table that results in adverse effects on a private well, including but not limited to the inability of a well to provide water on a continuous basis. See § 284-11 of this chapter for further details.
(3) 
Impacts to surface water base flow. Mining operations shall not cause a lowering of the groundwater table that results in adverse effects on surface waters within the City, or outside the City limits but within 1/2 mile of the mine site, including but not limited to a reduction of water in streams and tributaries to or below base flows established prior to the beginning of mining operation.
(4) 
Impacts to surface water use. Mining operations shall not cause a lowering of the groundwater table that results in adverse effects on surface waters which serve as a critical source of water for agricultural, recreational or municipal functions, such as fire protection within the City, or outside the City limits but within 1/2 mile of the mine site. Adverse effects include but are not limited to a reduction of water in streams and tributaries to or below base flows established prior to the beginning of mining operation.
(5) 
Stormwater management. The operator shall repair any damage to and remove sediment from any private property or roads, ditches and other drainageways when the operator is found responsible by the City for such sediment or damage caused by runoff from the mine site for any reason, including but not limited to heavy rains and/or snowmelt runoff.
D. 
Hazardous materials.
(1) 
All hazardous chemicals shall be stored, used and disposed of in accordance with applicable state and federal law.
(2) 
The operator shall not dispose of waste materials containing any hazardous chemicals in toxic amounts or residuals declared to be hazardous by a government agency in toxic amounts on site or in the City of Glenwood City, except in accordance with applicable state and federal law.
(3) 
The operator shall have a plan for responding to spills of any hazardous materials on the site. Said plan shall be given to the City prior to commencing operations and shall be updated any time any change or addition is made to any hazardous materials used on the site. A list of all hazardous materials, maximum quantities to be on site at any one time, a description of their proposed use, and their corresponding material safety data sheets shall be provided to the City Clerk-Treasurer and to the Chief of the Glenwood City Fire Department prior to commencing operation of the mine; said list shall be updated prior to the introduction of any new hazardous materials not previously listed and any modification in the maximum quantity or use of hazardous materials.
E. 
Reclamation permit required. Prior to any nonmetallic mining activities, the operator shall have obtained a reclamation permit from St. Croix County pursuant to the applicable state and St. Croix County reclamation regulations and ordinances. Nothing in this chapter shall abrogate or be construed to overrule or abrogate the authority and jurisdiction of St. Croix County's nonmetallic mining reclamation requirements and regulations.
F. 
Special exceptions.
(1) 
The operator can request a special exception from the Common Council from the minimum standards of this section if it can demonstrate that the intent of this chapter can be achieved by the use of alternative measures and that the public health, safety and welfare will not be adversely affected thereby and agrees to post a full coverage bond for any future damage caused as a result of any exceptions granted.
(2) 
The Common Council can impose requirements in addition to or exceeding the minimum standards if it has evidence that the public health, safety and welfare will not be adequately protected without the imposition of additional measures.
A. 
Annual report.
(1) 
No later than March 1 of each calendar year, the operator shall submit an annual report to the Common Council for all active and intermittent mining sites for which the operator has a license in the City of Glenwood City.
(2) 
The annual report and shall include the following information:
(a) 
An identification of the operator and location of the mining site.
(b) 
A map or drawing accurately showing the area of excavation, the unclaimed area and any reclaimed area, including a calculation of the number of acres for each type.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(c) 
A description of activities and operations on the site for the previous calendar year.
(d) 
A description of activities and operations on the site anticipated for the following calendar year.
(e) 
A written report demonstrating how the operator has been in compliance with all terms and conditions of its license and this chapter. The report shall also include any groundwater, surface water and other monitoring results, as applicable, as well as a copy of all annual reports submitted to all other agencies.
(f) 
A summary of all areas of noncompliance and a plan for bringing noncompliant areas into compliance.
B. 
License renewal.
(1) 
The operator shall make written request to the City Clerk-Treasurer for a renewal of the license to operate the mine no later than six months prior to the date on which the license will expire. The application shall be accompanied by the payment of both the renewal application fee and the base administrative fee established by the Common Council for the administration of this chapter.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(2) 
The written request for renewal shall include the annual report from the previous calendar year in accordance with the provisions of Subsection A.
(3) 
The City Clerk-Treasurer shall review the renewal application within 30 days of receipt to determine whether the application is complete and upon a determination that it is complete shall forward it to the Common Council.
(4) 
The Common Council shall review the application to determine if additional information or expertise is necessary to properly evaluate the application. The City shall retain an engineer or other qualified person with appropriate expertise to inspect the mine site unless the site is reported as being inactive during the past year, in which case a member of the Common Council or its designated person may be assigned to inspect the site. If no additional information or expertise is deemed necessary, the Common Council shall schedule the application for a decision under Subsection B(7).
(5) 
Additional fees. If the Common Council determines that additional expertise is required, the Common Council shall authorize hiring an engineer, attorney or other qualified person with appropriate expertise to advise the City and shall give written notice to the applicant of the additional administrative fee to be charged beyond the base administrative fee to cover the cost of additional review by the retained expert. The additional fee shall be paid before the additional review is undertaken.
(6) 
Once the applicant has submitted any additional information and has paid the additional administrative fee in the amount charged, the retained expert shall report to the Common Council on whether the renewal application meets the requirements of this chapter. The City Clerk-Treasurer shall place the request on the agenda of the next regular meeting or a special meeting of the Common Council prior to the expiration of the license.
(7) 
The Common Council may grant the request for renewal if it finds:
(a) 
There have been no material violations of this chapter or the license which have not been appropriately remedied;
(b) 
The operator has not received multiple or recurring citations or orders for violations of the operator's license or this chapter; and
(c) 
All applicable fees have been paid and financial responsibility requirements have been met.
(8) 
If the Common Council denies the request for renewal, the Common Council shall notify the operator and provide the operator with an opportunity for a hearing.
A. 
Inspection. The Common Council or other authorized representative of the City may make inspections to determine the condition of nonmetallic mining sites in the City in order to safeguard the health and safety of the public and determine compliance with the minimum standards under this chapter. The Common Council or its authorized representative may enter the mine site during regular hours of operation for inspection and, if necessary, to investigate any complaints. The City official will report his presence to the on-site supervisor upon entering the site.
B. 
Violations. The following are violations under this chapter:
(1) 
Engaging in nonmetallic mining without an operator's license granted by the Common Council.
(2) 
Failure to comply with the minimum standards and other terms of this chapter.
(3) 
Making an incorrect or false statement in the information and documentation submitted during the licensing process or during inspection of the operation by the City or its duly appointed representative.
(4) 
Failure to timely file the annual operational report under § 284-8 or to annually appear before the Common Council under § 284-7A(7).
(5) 
Failure to take appropriate action in response to a notice of violation, citation, request for additional financial assurance under § 284-10 or other order issued by the City.
C. 
Hearings.
(1) 
Any person affected by a notice and order issued in connection with the enforcement of this chapter under Subsection D, or upon denial of an application for a license or license renewal, may request and shall be granted a hearing on the matter before the Common Council, provided that such person shall file with the City Clerk-Treasurer a written petition requesting the hearing and setting forth his name, address, and telephone number and a brief statement of the grounds for the hearing or for the mitigation of the order. Such petition shall be filed within 30 days of the date the notice and order are served or within 30 days upon denial of an application for a renewal. Upon receipt of the petition, the City Clerk-Treasurer shall set a time and place for a hearing before the Common Council and shall give the petitioner written notice thereof.
(2) 
After the hearing, the Common Council, by a majority vote, shall sustain, modify or withdraw the notice under Subsection D or grant or deny the license or license renewal, depending on its findings as to whether the provisions of this chapter have been complied with, and the petitioner shall be notified within 10 days in writing of such findings.
(3) 
The proceedings of the hearing, including the findings and decision of the Common Council and the reasons therefor, shall be summarized in writing and entered as a matter of public record in the office of the City Clerk-Treasurer. Such record shall also include a copy of every notice and order issued in connection with the case.
D. 
Remedies. The Common Council may take any appropriate action or proceeding against any person in violation of this chapter, including the following:
(1) 
Issue a stop-work order.
(2) 
Issue a notice of violation and order that specifies the action to be taken to remedy a situation.
(3) 
Issue a citation in accord with the City of Glenwood City citation ordinance if the City has enacted such an ordinance.[1]
[1]
Editor's Note: See Ch. 22, Citations.
(4) 
Refer the matter to legal counsel for consideration and commencement of legal action, including the assessment of penalties under Subsection F and injunctive relief.
(5) 
Suspend or revoke the operator's license under Subsection E.
E. 
License suspension or revocation. After giving notice and a hearing, the Common Council may suspend or revoke an operator's license for a violation under Subsection B.
F. 
Penalties.
(1) 
Any person or entity who or which is adjudicated for a violation shall be subject to a penalty as provided in § 1-4 of this Code and/or be subject to injunctive relief. Each day a violation exists is a separate violation.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(2) 
Any person or entity adjudicated for violation of this chapter shall pay court costs and reasonable attorney fees. The remedies provided herein shall not be exclusive of other remedies.
G. 
A failure by the City to take action on any past violation(s) shall not constitute a waiver of the City's right to take action on any present violation(s).
A. 
Financial assurance shall be provided to the City as a condition of license approval in the amount necessary for the following:
(1) 
Road repair. An amount necessary for the repair and maintenance of City roads used for truck traffic transporting materials to or from the site. Upon the agreement of the Common Council, the financial assurance may be in the form of a road maintenance escrow account.
(2) 
Water supply. An amount necessary to provide an alternative water supply to the City and to potentially affected residences or agricultural operations within the City limits or properties outside the City but within 1/2 mile of the site or such other area shown to be impacted by the operator's operations.
B. 
The form of financial assurance made to the City of Glenwood City shall be that form agreed to by the Common Council and may include performance bonds, escrow agreements, irrevocable letters of credit or other measures agreed upon by the Common Council.
C. 
If at any time after a license is issued the City determines that the amount of financial assurance must be increased to meet specific road repair or water supply needs, or the amount available has been utilized, the City shall notify the operator of the additional amount needed and the basis for the request. The operator shall have 30 days to provide the increased amount.
D. 
The operator shall also provide to the City proof that it has provided the financial assurance for reclamation required under Wisconsin law and St. Croix County reclamation regulations.
E. 
Depending on the unique circumstances of each proposed nonmetallic mining operation, the operator may be required to provide financial assurance for adequate protection of other public infrastructure and to ensure adequate protection of the public health and safety in an amount to be determined by the Common Council as part of the license process.
A. 
The City, a public utility, or a property owner within the City or outside the City but within 1/2 mile of the mine site may seek remedies under Subsections B through E for any of the following damages to private water supply caused by the operator or its employees or contractors:
(1) 
A maximum contaminant level, preventative action limit or enforcement standard is exceeded in a private water supply well on the owner's property.
(2) 
A substantial adverse impact on the quantity or quality of water from a private well on the owner's property occurs, including but not limited to the inability of any such well to provide water on a continuous basis.
(3) 
A lowering of surface waters which serve as a source of water for personal, agricultural or municipal functions on the owner's property to levels below base flow levels for more than five days.
B. 
Any property owner under Subsection A seeking a remedy under this section shall simultaneously file a written notice with the City and the mine operator of the occurrence of the event under Subsection A explaining the nature and extent of the problem.
C. 
Within 24 hours of receipt of such notice under Subsection B, the City may use funds provided under § 284-10 (if applicable) to provide an adequate interim water supply. If applicable, the City shall also use funds under § 284-10 to indemnify the City for any claims filed under § 281.77(4), Wis. Stats. An interim water supply shall continue until the City has approved the report or plan under Subsection D.
D. 
Within 20 days of receipt of notice under Subsection B, the mine operator may provide to the property owner and to the City a report that demonstrates that the impact to the property owner was not attributable to the mining operation or present a plan for a permanent alternative water supply to be paid for by the operator.
E. 
The City shall, in consultation with the property owner, review the report or plan and approve or deny such report or plan. If the City determines that the operator's report is incorrect or insufficient, the City may continue to provide an interim water supply (if a fund for the same has been set up pursuant to § 284-10) during any subsequent negotiations, mediation, or litigation. If the City determines that the mine operator was not the cause of damage to the private water supply, the operator may elect to seek reimbursement by the property owner for the costs of supplying interim water during a period not exceeding one year.
F. 
A property owner outside of the City and beyond 1/2 mile of the mine site may apply to the City for use of funds under § 284-10, if applicable, to remedy damages to a private water supply identified in Subsection A, provided that the property owner can demonstrate to the City that the damage to the private water supply was caused by the mine. If the City determines that the damage was caused by the mine, the property owner can utilize the remedies in Subsections B through D.
A. 
Severability.
(1) 
Should any section, clause, provision or portion of this chapter be adjudged unconstitutional or invalid, unlawful, or unenforceable by a final order of a court of competent jurisdiction, including all applicable appeals, the remainder of this chapter shall remain in full force and effect.
(2) 
If any application of this chapter to a particular parcel of land is adjudged unconstitutional or invalid by a final order of a court of competent jurisdiction, including all applicable appeals, such judgment shall not be applicable to any other parcel of land not specifically included in said judgment.
B. 
The provisions of this chapter shall be liberally construed in favor of the health, safety and welfare of the public and of the City of Glenwood City and shall not be construed to be a limitation or a repeal of any other power now possessed or granted to the City of Glenwood City.
C. 
This chapter is not intended to repeal, annul or interfere with any easements, covenants, deed restrictions or agreements created prior to the effective date of this chapter.
Any of the provisions of this chapter, including the license term, may be modified by agreement between the City and the operator if the Common Council determines that the agreement provides protections for the public that are the substantial equivalent of those of this chapter. The operator may also enter into agreements with landowners that may be affected by the mining operation, which agreements may contain requirements that are greater than or in addition to those specified in this chapter. At the discretion of the Common Council and with the agreement of all parties to any such agreement, the City may incorporate provisions of such agreement into a mining agreement pursuant to this section.
A. 
For nonmetallic operations that qualify for a registration license under § 284-4F, the Common Council shall grant a registration license if the operator submits the following information to the Common Council:
(1) 
A certification from the operator that meets the requirements in § 284-4F.
(2) 
Ownership information under § 284-6A.
(3) 
A copy of any reclamation plans filed with the county and any permits issued by other federal, state or local agencies for the nonmetallic mining operation.
(4) 
A certification that it will use best management practices to control noise, dust, light, surface water runoff and other off-site impacts from the operations.
B. 
Registration licenses shall be subject to renewal every five years as set forth in § 284-8B and subject to the inspection and enforcement provisions from § 284-9.
C. 
Unless specifically enumerated above, operators seeking registration licenses shall not be required to comply with the provisions in §§ 284-5 through 284-8 or the provisions in §§ 284-10 and 284-11.