This chapter shall be known as the "Nonmetallic Mining Reclamation Ordinance" for Pierce County, hereinafter referred to as "this chapter."
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 Pierce County after the effective date of this chapter, in compliance with Chapter NR 135, Wisconsin Administrative Code, and Subchapter I of Chapter 295, Wis. Stats.
This chapter is adopted under authority of §§ 59.51 and 295.13(1), Wis. Stats., and Section NR 135.32, Wisconsin Administrative Code.
The purpose of this chapter is to adopt and implement the uniform statewide standards for nonmetallic mining required by § 295.12(1)(a), Wis. Stats., as amended, 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.
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 Wisconsin statutes outside the reclamation requirements for nonmetallic mining sites required by Subchapter I of Chapter 295, Wis. Stats., as amended, 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 the 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. Any future amendments, revisions or modifications of the statutes or administrative rules incorporated herein are intended to be made part of this chapter in order to secure uniform statewide standards for reclamation of nonmetallic mining sites.
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.
Overall applicability. The requirements of this chapter apply to all operators of nonmetallic mining sites within Pierce County, except as exempted in Subsection B, and for nonmetallic mining sites located in a city, village or town within Pierce County that has adopted an ordinance pursuant to § 295.14, Wis. Stats., and Section NR 135.32(2), Wisconsin Administrative Code. This chapter does not apply to nonmetallic mining sites where nonmetallic mining permanently ceased 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 § 241-14C.
Exemptions. This chapter does not apply to the following activities:
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 § 30.19, 30.195 or 30.20, Wis. Stats., and complies with Chapter NR 340, Wisconsin Administrative Code.
Excavations subject to the permit and reclamation requirements of § 30.30 or 30.31, Wis. Stats.
Excavations or grading by a person solely for domestic or farm use at that person's residence or farm.
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.
Grading conducted for preparing a construction site or restoring land following a flood or natural disaster.
Excavations for building construction purposes conducted on the building site.
Nonmetallic mining at nonmetallic mining sites that affect less than one acre of total area over the life of the mine.
Any mining operation, the reclamation of which is required in a permit obtained under Chapter 293, Wis. Stats.
Any activities required to prepare, operate or close a solid waste disposal facility under Chapter 289, Wis. Stats., or a hazardous waste disposal facility under Chapter 291, Wis. Stats., 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.
Department of Transportation.
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.
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.
If a nonmetallic mining site covered under Subsection B(10)(a) and (b) 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.
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.
Removal of material from the bed of Lake Michigan or Lake Superior by a public utility pursuant to a permit under § 30.21, Wis. Stats.
The provisions of this chapter shall be administered by the Pierce County Land Management Department and Land Conservation Department.
The provisions of this chapter shall take effect on November 13, 2007, or as soon thereafter as adopted by law.
As used in this chapter, the following terms shall have the meanings indicated:
- ALTERNATIVE REQUIREMENT
- An alternative to the reclamation standards of this chapter provided through a written authorization granted by Pierce County pursuant to § 241-18.
- APPLICABLE RECLAMATION ORDINANCE
- A nonmetallic mining reclamation ordinance, including this chapter, that applies to a particular nonmetallic mining site and complies with the requirements of Chapter NR 135, Wisconsin Administrative Code, and Subchapter I of Chapter 295, Wis. Stats., unless the Wisconsin Department of Natural Resources is the regulatory authority, as defined in this section. 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.
- BORROW SITE
- 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.
- CONTEMPORANEOUS RECLAMATION
- 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.
- ENVIRONMENTAL POLLUTION
- Has the meaning in § 295.11(2), Wis. Stats.
- FINANCIAL ASSURANCE
- A commitment of funds or resources by an operator to a regulatory authority that satisfies the requirements in § 241-14 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 is steeper than 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.
- LICENSED PROFESSIONAL GEOLOGIST
- A person who is licensed as a professional geologist pursuant to Chapter 470, Wis. Stats.
- Any city, town or village.
- 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, sand, gravel, asbestos, beryl, diamond, clay, coal, feldspar, peat, talc and topsoil.
- NONMETALLIC MINING or MINING
- Includes all of following:
- A. 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.
- B. Processes carried out at nonmetallic mining sites that are 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, the stockpiling of materials, blending mineral aggregates or nonmetallic minerals with other mineral aggregates or nonmetallic minerals, blasting, grading, crushing, screening, scalping and dewatering.
- NONMETALLIC MINING RECLAMATION or RECLAMATION
- The rehabilitation of a nonmetallic mining site to achieve a land use specified in an approved nonmetallic mining reclamation plan, 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.
- NONMETALLIC MINING REFUSE
- 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.
- NONMETALLIC MINING SITE or SITE
- All contiguous areas of present or proposed mining, subject to the qualifications in Subsection B.
- A. "Nonmetallic mining site" means the following:
- (1) The location where nonmetallic mining is proposed or conducted.
- (2) Storage and processing areas that are in or contiguous to areas excavated for nonmetallic mining.
- (3) Areas where nonmetallic mining refuse is deposited.
- (4) Areas affected by activities such as the construction or improvement of private roads or haulage ways for nonmetallic mining.
- (5) Areas where grading or regrading is necessary.
- (6) 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.
- B. "Nonmetallic mining site" does not include any of the following areas:
- (1) Those portions of sites listed in Subsection A not used for nonmetallic mining or purposes related to nonmetallic mining after August 1, 2001.
- (2) 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.
- (3) Areas previously mined but used after August 1, 2001, for a nonmining activity, such as stockpiles of 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.
- REGISTERED PROFESSIONAL ENGINEER
- A person who is registered as a professional engineer pursuant to § 443.04, Wis. Stats.
- REGULATORY AUTHORITY
- One of the following:
- A. Pierce County for nonmetallic mine sites located within its jurisdiction; or
- B. A municipality in which the nonmetallic mining site is located and which has adopted an applicable reclamation ordinance; or
- C. 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.
- REPLACEMENT OF TOPSOIL
- 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.
- SOLID WASTE
- 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, Wis. Stats., or source material, special nuclear material or by-product material, as defined in § 254.31(1), Wis. Stats.
- 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.
- TOPSOIL SUBSTITUTE MATERIAL
- 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.
- B. "Unreclaimed acre" or "unreclaimed acres" does not include:
- (1) Those areas where reclamation has been completed and certified as reclaimed under § 241-29C.
- (2) Those areas previously affected by nonmetallic mining but which are not used for nonmetallic mining after August 1, 2001.
- (3) 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.
- (4) Areas previously mined but used after August 1, 2001, for a nonmining activity, such as the 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.