[HISTORY: Adopted by the Town Board of the Town of Fulton 9-12-1996 as Ch. 7, § 3h of the 1996 Code. Amendments noted where applicable.]
Every person, pursuant to §§ 60.10 and 295.14, Wis. Stats., and this chapter, doing business in the Town of Fulton who engages in a nonmetallic mining operation at a nonmetallic mining site in the Town of Fulton or a person who engages in reclamation of a nonmetallic mining site shall seek and obtain a nonmetallic mining permit from the Town of Fulton. The fee for such permit shall be established by the Town Board of the Town of Fulton. The permit shall be issued from July 1 of one year to June 30 of the next year. The permit shall be issued by the Town Clerk/Treasurer of the Town of Fulton prior to the person conducting and maintaining a nonmetallic mining operation at a nonmetallic mining site in the Town of Fulton.
The persons subject to this chapter shall comply with § 295.14, Wis. Stats., and this chapter.
The Town Clerk/Treasurer of the Town of Fulton shall provide copies of this chapter at no cost to any applicant requesting copies under this chapter.
The applicant and the person subject to this chapter shall comply as follows.
The application and permit shall designate the premises to be used by the permitted person for the nonmetallic mining operation. The permit may not be amended if the person changes premises in the Town of Fulton for the nonmetallic mining site. The application for permit shall contain:
Persons will be exempt from this permit requirement if they conduct in the Town of Fulton the following activities:
Excavations or grading by a person solely for domestic use at his or her residence.
Grading conducted for farming (personal use only), preparing a construction site or restoring land following a flood or natural disaster.
Excavations for building construction purposes.
Any mining operation, the reclamation of which is required in a permit obtained under Ch. 293, Wis. Stats.
Any activities conducted at a solid or hazardous waste disposal facility site required to prepare, operate or close a solid waste disposal facility under Subchapters II to IV of Ch. 289, Wis. Stats., or a hazardous waste disposal facility under Ch. 291, Wis. Stats., but this chapter may apply to activities related to solid or hazardous waste disposal which are conducted at a facility, such as activities to obtain nonmetallic minerals to be used for lining, capping, covering or constructing berms, dikes or roads for the solid waste facility or the hazardous waste facility.
As used in this chapter, the following terms shall have the meaning indicated:
- Chrysotile, crocidolite, amosite, fibrous tremolite, fibrous actinolite or fibrous anthophyllite.
- NONMETALLIC MINING
- Operations or activities for the extraction from the earth for sale or use by the operator of mineral aggregates such as stone, sand and gravel and nonmetallic minerals such as asbestos, beryl, clay, feldspar, peat and talc, related operations or activities such as excavation, grading or dredging if the purpose of those operations or activities is the extraction of mineral aggregates and nonmetallic minerals, and related processes such as crushing, screening, scalping, dewatering and blending.