This chapter shall be known as the "Nonmetallic Mining Reclamation
Ordinance for the City of Franklin."
The purpose of this chapter is to establish a local program
to ensure the effective reclamation of nonmetallic mining sites on
which nonmetallic mining takes place in the City of Franklin after
the effective date of this chapter, in compliance with Chapter NR
135, Wisconsin Administrative Code, and Subchapter I of Chapter 295,
Wisconsin Statutes.
This chapter is adopted under authority of Section 295.14(1),
Wisconsin Statues, Section NR 135.32, Wisconsin Administrative Code,
and Section 62.11(3), Wisconsin Statutes, and as contemplated by City
Ordinance Nos. 97-1456 and 97-1457.
The purpose of this chapter is to adopt and implement the uniform
statewide standards for nonmetallic mining required by Section 295.12(1)(a),
Wisconsin Statutes, and contained in Chapter NR 135, Wisconsin Administrative
Code. It is not intended that this chapter repeal, abrogate, annul,
impair or interfere with any existing rules, regulations, ordinances
or permits not concerning nonmetallic mining reclamation previously
adopted pursuant to other Wisconsin law, excepting City Ordinance
Nos. 97-1456 and 97-1457.
In their interpretation and application, the provisions of this
chapter shall be held to be the applicable requirements for nonmetallic
mining reclamation and shall not be deemed a limitation or repeal
of any other power granted by the Wisconsin Statutes outside the reclamation
requirements for nonmetallic mining sites required by Subchapter I
of Chapter 295, Wisconsin Statutes, and Chapter NR 135, Wisconsin
Administrative Code. Where any terms or requirements of this chapter
may be inconsistent or conflicting, the more restrictive requirements
or interpretation shall apply. Where a provision of this chapter is
required by Wisconsin Statutes or by a standard in Chapter NR 135,
Wisconsin Administrative Code, and where the provision is unclear,
the provision shall be interpreted to be consistent with the Wisconsin
Statutes and the provisions of Chapter NR 135, Wisconsin Administrative
Code.
Should any portion of this chapter be declared unconstitutional
or invalid by a court of competent jurisdiction, the remainder of
this chapter shall not be affected.
A.
Overall applicability. The requirements of this chapter apply to all operators of nonmetallic mining sites within the City of Franklin operating on or commencing to operate after August 1, 2001, except as exempted in Subsection B. This chapter does not apply to nonmetallic mining sites where nonmetallic mining permanently ceases before August 1, 2001. This chapter applies to nonmetallic mining conducted by or on behalf of the State of Wisconsin, by or on behalf of a municipality or for the benefit or use of the state or any state agency, board, commission or department, except for the waiver of financial assurance in § 176-14C.
B.
Exemptions. This chapter does not apply to the following activities:
(1)
Nonmetallic mining at a site or that portion of a site that is subject
to permit and reclamation requirements of the Wisconsin Department
of Natural Resources under Sections 30.19, 30.195 or 30.20, Wisconsin
Statutes, and complies with Chapter NR 340, Wisconsin Administrative
Code.
(2)
Excavations subject to the permit and reclamation requirements of
Section 30.30 or 30.31, Wisconsin Statutes.
(3)
Excavations or grading by a person solely for domestic or farm use
at that person's residence or farm.
(4)
Excavations or grading conducted for the construction, reconstruction,
maintenance or repair of a highway, railroad, airport facility, or
any other transportation facility where the excavation or grading
is entirely within the property boundaries of the transportation facility.
(5)
Grading conducted for preparing a construction site or restoring
land following a flood or natural disaster.
(6)
Excavations for building construction purposes conducted on the building
site.
(7)
Nonmetallic mining at nonmetallic mining sites that affects less
than one acre of total area over the life of the mine.
(8)
Any mining operation, the reclamation of which is required in a permit
obtained under Chapter 293, Wisconsin Statutes.
(9)
Any activities required to prepare, operate or close a solid waste
disposal facility under Chapter 289, Wisconsin Statutes, or a hazardous
waste disposal facility under Chapter 291, Wisconsin Statutes, that
are conducted on the property where the facility is located, but an
applicable nonmetallic mining reclamation ordinance and the standards
established in this chapter apply to activities related to solid waste
or hazardous waste disposal that are conducted at a nonmetallic mining
site that is not on the property where the solid waste or hazardous
waste disposal facility is located, such as activities to obtain nonmetallic
minerals to be used for lining, capping, covering or constructing
berms, dikes or roads.
(10)
Nonmetallic mining conducted to obtain stone, soil, sand or
gravel for construction, reconstruction, maintenance or repair of
a highway, railroad, airport, or any other transportation facility
or part thereof, if the nonmetallic mining is subject to the requirements
of the Wisconsin Department of Transportation concerning the restoration
of the nonmetallic mining site.
(a)
This exemption only applies to a nonmetallic mining operation
with limited purpose and duration where the Wisconsin Department of
Transportation actively imposes reclamation requirements and the operator
reclaims the nonmetallic mining site in accordance with these requirements.
The duration of the exemption shall be specific to the length of the
Wisconsin Department of Transportation contract for construction of
a specific transportation project.
(b)
If a nonmetallic mining site covered under this subsection is
used to concurrently supply materials for projects unrelated to the
Wisconsin Department of Transportation project, the exemption in this
subsection still applies, provided that the site is fully reclaimed
under Wisconsin Department of Transportation contract and supervision.
(11)
Dredging for navigational purposes, to construct or maintain
farm drainage ditches and for the remediation of environmental contamination
and the disposal of spoils from these activities.
(12)
Removal of material from the bed of Lake Michigan or Lake Superior
by a public utility pursuant to a permit under Section 30.21, Wisconsin
Statutes.
The provisions of this chapter shall be administered by the
City of Franklin.
The provisions of this chapter shall take effect on May 29,
2015.
As used in this chapter, the following terms shall have the
meanings indicated:
An alternative to the reclamation standards of this chapter provided through a written authorization granted by the City of Franklin pursuant to § 176-18.
A nonmetallic mining reclamation ordinance, including this
chapter, that applies to a particular nonmetallic mining site and
complies with the requirements of this Chapter NR 135, Wisconsin Administrative
Code and Subchapter I of Chapter 295, Wisconsin Statutes, unless the
Wisconsin Department of Natural Resources is the regulatory authority
as defined in this chapter. If the Wisconsin Department of Natural
Resources is the regulatory authority, "applicable reclamation ordinance"
means the relevant and applicable provisions of Chapter NR 135, Wisconsin
Administrative Code.
An area outside of a transportation project site from which
stone, soil, sand or gravel is excavated for use at the project site,
except the term does not include commercial sources.
The sequential or progressive reclamation of portions of
the nonmetallic mining site affected by mining operations that is
performed in advance of final site reclamation, but which may or may
not be final reclamation, performed to minimize the area exposed to
erosion, at any one time, by nonmetallic mining activities.
The Wisconsin Department of Natural Resources.
Has the meaning in Section 295.11(2), Wisconsin Statutes.
A nonmetallic mine where nonmetallic mining takes place before
August 1, 2001.
A commitment of funds or resources by an operator to a regulatory authority that satisfies the requirements in § 176-14 and is sufficient to pay for reclamation activities required by this chapter.
A vertical or nearly vertical face in solid rock or a slope
of consolidated or unconsolidated material that exceeds 3:1.
The person who has title to land in fee simple or who holds
a land contract for the land. A landowner is not a person who owns
nonmetallic mineral rights to land, if a different person possesses
title to that land in fee simple or holds a land contract for that
land.
A person who is licensed as a professional geologist pursuant
to Chapter 470, Wisconsin Statutes.
Any city, town or village and, where anywhere applicable
within this chapter, the City of Franklin.
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,
sand, gravel, asbestos, beryl, diamond, clay, coal, feldspar, peat,
talc and topsoil.
All of following:
Operations or activities at a nonmetallic mining site for the
extraction from the earth of mineral aggregates or nonmetallic minerals
for sale or use by the operator. Nonmetallic mining includes use of
mining equipment or techniques to remove materials from the in-place
nonmetallic mineral deposit, including drilling and blasting, as well
as associated activities such as excavation, grading and dredging.
Nonmetallic mining does not include 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.
Processes carried out at a nonmetallic mining site that is related
to the preparation or processing of the mineral aggregates or nonmetallic
minerals obtained from the nonmetallic mining site. These processes
include, but are not limited to, stockpiling of materials, blending
mineral aggregates or nonmetallic minerals with other mineral aggregates
or nonmetallic minerals, blasting, grading, crushing, screening, scalping
and dewatering.
The rehabilitation of a nonmetallic mining site to achieve
a land use specified in a nonmetallic mining reclamation plan approved
under this chapter, including removal or reuse of nonmetallic mining
refuse, grading of the nonmetallic mining site, removal, storage and
replacement of topsoil, stabilization of soil conditions, reestablishment
of vegetative cover, control of surface water and groundwater, prevention
of environmental pollution and, if practicable, the restoration of
plant, fish and wildlife habitat.
Waste soil, rock and mineral, as well as other natural site
material resulting from nonmetallic mining. Nonmetallic mining refuse
does not include marketable by-products resulting directly from or
displaced by the nonmetallic mining that are scheduled to be removed
from the nonmetallic mining site within a reasonable period of time
after extraction.
All contiguous areas of present or proposed mining described
in Subsection A of this definition, subject to the qualifications
in Subsection B.
"Nonmetallic mining site" includes the following:
The location where nonmetallic mining is proposed or conducted.
Storage and processing areas that are in or contiguous to areas
excavated for nonmetallic mining.
Areas where nonmetallic mining refuse is deposited.
Areas affected by activities such as the construction or improvement
of private roads or haulage ways for nonmetallic mining.
Areas where grading or regarding is necessary.
Areas where nonmetallic mining reclamation activities are carried
out or structures needed for nonmetallic mining reclamation, such
as topsoil stockpile areas, revegetation test plots, or channels for
surface water diversion, are located.
"Nonmetallic mining site" does not include any of the following
areas:
Those portions of sites listed in Subsection A not used for nonmetallic mining or purposes related to nonmetallic mining after August 1, 2001.
Separate, previously mined areas that are not used for nonmetallic
mineral extraction after August 1, 2001, and are not contiguous to
mine sites, including separate areas that are connected to active
mine sites by public or private roads.
Areas previously mined but used after August 1, 2001, for a
nonmining activity, such as stockpiles or materials used for an industrial
process unrelated to nonmetallic mining.
Any person who is engaged in, or who has applied for a permit
to engage in, nonmetallic mining, whether individually, jointly or
through subsidiaries, agents, employees, contractors or subcontractors.
An individual, owner, operator, corporation, limited liability
company, partnership, association, county, municipality, interstate
agency, state agency or federal agency.
A person who is registered as a professional engineer pursuant
to Section 443.04, Wisconsin Statutes.
The City of Franklin for nonmetallic mine sites located within
its jurisdiction;
A municipality in which the nonmetallic mining site is located
and which has adopted an applicable reclamation ordinance;
The county in which the nonmetallic mining site is located, if no reclamation municipal ordinance exists pursuant to Subsection B, provided the county has an applicable reclamation ordinance; or
The Wisconsin Department of Natural Resources, but only if there
is no applicable reclamation ordinance enacted by the municipality
or the county in which the nonmetallic mining site is located.
The replacement or redistribution of topsoil or topsoil substitute
material to all areas where topsoil was actually removed or affected
by nonmetallic mining for the purposes of providing adequate vegetative
cover and stabilization of soil conditions needed to achieve the approved
post-mining land use and as required by the reclamation plan approved
pursuant to this chapter.
Any garbage, refuse, sludge from a waste treatment plant,
water supply treatment plant or air pollution control facility and
other discarded or salvageable materials, including solid, liquid,
semisolid or contained gaseous materials resulting from industrial,
commercial, mining and agricultural operations, and from community
activities, but does not include solids or dissolved material in domestic
sewage, or solid or dissolved materials in irrigation return flows
or industrial discharges which are point sources subject to permits
under Chapter 283, Wisconsin Statutes, or source material, special
nuclear material or by-product material, as defined in Section 254.31(1),
Wisconsin Statutes.
The surface layer of soil which is generally more fertile
than the underlying soil layers, which is the natural medium for plant
growth and which can provide the plant growth, soil stability and
other attributes necessary to meet the success standards approved
in the reclamation plan.
Soil or other unconsolidated material either used alone or
mixed with other beneficial materials and which can provide the plant
growth, site stability and other attributes necessary to meet the
success standards approved in the reclamation plan.
"Unreclaimed acre" or "unreclaimed acres" does not include:
Those areas where reclamation has been completed and certified as reclaimed under § 176-29C.
Those areas previously affected by nonmetallic mining but which
are not used for nonmetallic mining after August 1, 2001.
Those portions of nonmetallic mining sites which are included
in a nonmetallic mining reclamation plan approved pursuant to this
chapter but are not yet affected by nonmetallic mining.
Areas previously mined but used after August 1, 2001, for a
nonmining activity, such as stockpiling of materials used for an industrial
activity such as an asphalt plant, concrete batch plant, block and
tile operation or other industry that uses products produced from
nonmetallic mining.
