[HISTORY: Adopted by the Common Council of the City of Glenwood
City 8-26-2013 by Ord. No. 2013-02. Amendments noted where applicable.]
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]
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:
Any property within 1/2 mile of the proposed mine site regardless
of whether there is a residence or structure on the property.
The City of Glenwood City in St. Croix County, Wisconsin.
The Common Council of the City of Glenwood City in St. Croix
County, Wisconsin.
The person who has title to land in fee simple or who holds
a land contract for the land.
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.
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.
Any or all of the following:
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.
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.
Manufacturing processes aimed at producing nonmetallic products
for sale or use by the operator.
Stockpiling of nonmetallic minerals or finished products for
sale or use off site and stockpiling of waste materials.
Transport, transfer or transload of the extracted nonmetallic
minerals, finished products or waste materials to or from the extraction
site.
Disposal of waste materials.
Reclamation of the extraction site.
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.
The license required of mining operators in this chapter
to undertake nonmetallic mining in the City of Glenwood City.
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.
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.
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]
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]
(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.
(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.
(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)
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.
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.
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)
(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.
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:
(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.
