Ch. 295 Note
Note: 1995 Wis. Act 227 renumbered the provisions of chs. 144, 147, 159 and 162, Stats. 1993-94, to be chs. 280-299, Stats. 1995-96. For a table tracing former section numbers see the Addenda & Errata at the end of Volume 5.
NONMETALLIC MINING RECLAMATION
295.11
295.11
Definitions. In this subchapter:
295.11(1)
(1) "Department" means the department of natural resources.
295.11(2)
(2) "Environmental pollution" means the contaminating or rendering unclean or impure the air, land or waters of the state, or making the same injurious to public health, harmful for commercial or recreational use, or deleterious to fish, bird, animal or plant life.
295.11(3)
(3) "Nonmetallic mining" means all of the following:
295.11(3)(a)
(a) Operations or activities for the extraction from the earth for sale or use by the operator of mineral aggregates or nonmetallic minerals such as stone, sand, gravel, asbestos, beryl, clay, feldspar, peat, talc and topsoil, including such operations or activities as excavation, grading and dredging.
295.11(3)(b)
(b) On-site processes that are related to the extraction of mineral aggregates or nonmetallic minerals, such as stockpiling of materials, blending mineral aggregates or nonmetallic minerals with other mineral aggregates or nonmetallic minerals, crushing, screening, scalping and dewatering.
295.11(4)
(4) "Nonmetallic mining reclamation" means the rehabilitation of a nonmetallic mining site, including removal or reuse of nonmetallic mining refuse, grading of the nonmetallic mining site, replacement of topsoil, stabilization of soil conditions, establishment of vegetative cover, control of surface water and groundwater, prevention of environmental pollution, construction of fences where necessary and, if practical, restoration of plant, fish and wildlife habitat.
295.11(5)
(5) "Nonmetallic mining refuse" means waste soil, rock, mineral, liquid and vegetation and other waste material resulting from nonmetallic mining. This term does not include merchantable by-products resulting directly from or displaced by the nonmetallic mining.
295.11(6)
(6) "Nonmetallic mining site" means all of the following:
295.11(6)(a)
(a) The location where nonmetallic mining is proposed or conducted, including all surface areas from which materials have been or will be removed.
295.11(6)(b)
(b) Storage and processing areas related to the nonmetallic mining.
295.11(6)(c)
(c) Areas where nonmetallic mining refuse is deposited.
295.11(6)(d)
(d) Areas disturbed by activities such as the construction or improvement of private roads or haulageways for nonmetallic mining.
295.11(6)(e)
(e) Buffer areas necessary to assure appropriate final slopes after nonmetallic mining reclamation.
295.11(7)
(7) "Operator" means 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, employes, contractors or subcontractors.
295.11(8)
(8) "Person" means an individual, owner, operator, corporation, limited liability company, partnership, association, municipality, interstate agency, state agency or federal agency.
295.11(9)
(9) "Replacement of topsoil" means the replacement of the topsoil that was removed or disturbed by nonmetallic mining, or the provision of soil that is at least as adequate as the topsoil that was removed or disturbed, for the purposes of providing adequate vegetative cover and stabilization of soil conditions.
295.11(10)
(10) "Solid waste" means 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
ch. 283, or source material, as defined in
s. 254.31 (10), special nuclear material, as defined in
s. 254.31 (11), or by-product material, as defined in
s. 254.31 (3).
295.11 History
History: 1995 a. 227 s.
801,
995.
295.12
295.12
Nonmetallic mining reclamation rules. 295.12(1)(1)
Rules. The department shall establish all of the following by rule:
295.12(1)(a)
(a) Uniform statewide standards for nonmetallic mining reclamation.
295.12(1)(b)
(b) Provisions for the administration of this subchapter by the department.
295.12(1)(c)
(c) Uniform statewide standards for the administration of a nonmetallic mining reclamation ordinance by any county, city, village or town.
295.12(1)(d)
(d) The text of a nonmetallic mining reclamation ordinance that conforms with this subchapter.
295.12(2)(a)(a) The department shall establish nonmetallic mining reclamation standards under
sub. (1) (a) that are applicable both during nonmetallic mining and after the termination of nonmetallic mining.
295.12(2)(b)
(b) The department shall include in the standards specific findings regarding the necessity of nonmetallic mining regulation to protect public health, safety and welfare and the environment.
295.12(2)(c)
(c) The department shall establish different nonmetallic mining reclamation standards and compliance schedules for those portions of a nonmetallic mining site that were mined before the effective date of the ordinance, and those portions of a nonmetallic mining site that are mined on or after the effective date of the ordinance, in order to avoid excessive costs and to encourage the development and reclamation of existing nonmetallic mining sites, to the extent practicable.
295.12(2)(d)
(d) Standards for those portions of a nonmetallic mining site that are mined on or after the effective date of the ordinance shall include requirements related to the removal or reuse of nonmetallic mining refuse, removal of roads no longer in use, stabilization of soil conditions, grading the nonmetallic mining site, replacement of topsoil, establishment of vegetative cover, control of surface water flow and groundwater withdrawal, prevention of environmental pollution, construction of fences where necessary and, if practical, protection or restoration of plant, fish and wildlife habitat.
295.12(2)(e)
(e) Standards for those portions of a nonmetallic site that are mined before the effective date of the ordinance shall only include those minimal requirements necessary for the stabilization of soil conditions, establishment of vegetative cover and the prevention of environmental pollution. If additional nonmetallic mining takes place on a portion of a site that was mined before the effective date of the ordinance, that portion of the site shall be subject to the standards under
par. (d) and the remainder of the site shall be subject to this paragraph.
295.12(3)
(3) Text of ordinance. The text of the nonmetallic mining reclamation ordinance under
sub. (1) (d) shall include all of the following:
295.12(3)(a)
(a) Nonmetallic mining reclamation standards that are identical to the standards established under
sub. (1) (a).
295.12(3)(b)
(b) A requirement for the operator to submit a nonmetallic mining operation plan including maps, information about the nonmetallic mining site, a description of the proposed nonmetallic mining including methods and procedures to be used and a proposed timetable for completion of various stages of the nonmetallic mining. The operation plan shall be designed to assure successful nonmetallic mining reclamation consistent with the standards in
sub. (2) (d) and
(e), to minimize the costs of nonmetallic mining reclamation and, to the extent practicable, to minimize the area disturbed by the nonmetallic mining at any time and to provide for continuous nonmetallic mining reclamation. For those portions of a nonmetallic site mined on or after the effective date of the ordinance, the operation plan shall provide for buffer areas on the nonmetallic mining site to assure appropriate final slopes after nonmetallic mining reclamation.
295.12(3)(c)
(c) A requirement for the operator to submit a nonmetallic mining reclamation plan including maps, information about the nonmetallic mining site, a description of the proposed nonmetallic mining reclamation including methods and procedures to be used and a proposed timetable for completion of various stages of the nonmetallic mining reclamation.
295.12(3)(d)
(d) A requirement for the operator to obtain a nonmetallic mining permit in order to engage in nonmetallic mining or in nonmetallic mining reclamation; a requirement for a 5-year permit term unless a shorter permit term is requested by the applicant; standards for the issuance, renewal, modification, suspension or revocation of the permit; a requirement for public notice and an opportunity for a public hearing before issuance, renewal, modification, suspension or revocation of the permit; a requirement to conduct a public hearing on the issuance, renewal or modification of a permit, if requested within 30 days after receipt of the nonmetallic mining operation and reclamation plan; a right for any person who meets the requirements of
s. 227.42 (1) to obtain a contested case hearing under
ch. 68 on the issuance, renewal, modification, suspension or revocation of a permit; a requirement for cooperative issuance of a single permit if more than one county or municipality has jurisdiction over the nonmetallic mining site; a requirement for issuance of a single permit for all nonmetallic mining sites operated by the same person in a county or municipality, with nonmetallic mining sites to be added or deleted by permit modification and with separate permit conditions, fees and financial assurance for each nonmetallic mining site; and a requirement that action approving, denying or conditionally approving a permit be taken within 90 days after receipt of the mining operation and mining reclamation plans or, if a public hearing is held, within 60 days after the close of the public hearing.
295.12(3)(e)
(e) A provision imposing annual fees as determined by the department for the administration of
s. 295.18 and imposing annual fees as determined by the county, city, village or town that shall, as closely as possible, equal the cost of all of the following:
295.12(3)(e)1.
1. The examination and approval of operation plans and nonmetallic mining reclamation plans.
295.12(3)(e)2.
2. The inspection of nonmetallic mining and nonmetallic mining reclamation.
295.12(3)(f)
(f) A requirement for an expedited review process if the applicant pays an additional fee as determined by the county, city, village or town under
par. (e) or if the applicant requires a permit under this subchapter to perform services under contract with a city, village, town, county or other governmental unit.
295.12(3)(g)
(g) A requirement for the operator to provide a bond, deposit of funds, established escrow account, letter of credit, demonstration of financial responsibility by meeting net worth requirements or other form of financial assurance conditioned on the faithful performance of all of the requirements of the nonmetallic mining reclamation ordinance.
295.12(3)(h)
(h) Provisions to restrict nonmetallic mining or restrict, regulate or require certain activities in connection with nonmetallic mining or nonmetallic mining reclamation in order to ensure compliance with nonmetallic mining reclamation standards, operation plans, nonmetallic mining reclamation plans, licensing standards, financial assurance requirements and other requirements of the nonmetallic mining reclamation ordinance. These restrictions, regulations and requirements may include requirements for separations between excavations and property boundaries, for depth of excavations and for segregation of topsoil.
295.12(3)(i)
(i) A prohibition on nonmetallic mining if a proposed nonmetallic mining site, other than a nonmetallic mining site in existence before the effective date of the ordinance, cannot be reclaimed in compliance with the nonmetallic mining reclamation standards in the ordinance.
295.12(3)(j)
(j) Procedures for the issuance and enforcement of compliance orders, suspension orders and termination orders to ensure compliance with nonmetallic mining reclamation standards, operation plans, nonmetallic mining reclamation plans, licensing standards, financial assurance requirements and other provisions of the nonmetallic mining reclamation ordinance.
295.12(3)(L)
(L) Standards and procedures for granting exemptions and variances from the requirements of the nonmetallic mining reclamation ordinance.
295.12 History
History: 1995 a. 227 s.
802.
295.13
295.13
Mandatory enactment and administration of ordinance. 295.13(1)(1)
Mandatory enactment and administration of ordinance. 295.13(1)(a)(a)
Requirement to enact and administer ordinance. Within 6 months after the effective date of the rules under
s. 295.12 (1), each county shall enact a nonmetallic mining reclamation ordinance, the text of which is in strict conformity with the text of the ordinance established under
s. 295.12 (1) (d), except as provided in
sub. (2). This ordinance may be enacted separately from an ordinance enacted under
s. 59.69.
295.13 Note
Note: Sub. (1) is shown as affected by two acts of the 1995 legislature and as merged by the revisor under s. 13.93 (2) (c).
295.13(2)
(2) Preexisting county ordinances. Any county with a nonmetallic mining reclamation ordinance in effect on June 1, 1993, may maintain and administer that ordinance if the department reviews the existing ordinance and determines that it is at least as restrictive as the ordinance established under
s. 295.12 (1) (d). If the department determines that any part of the existing ordinance is not as restrictive as the ordinance established under
s. 295.12 (1) (d), the county may amend the ordinance and submit the amended ordinance to the department for approval. After obtaining the approval of the department under this subsection, the county may not amend the ordinance to make it more restrictive. After obtaining the approval of the department under this subsection, the county may not amend the ordinance to make it less restrictive than the ordinance established under
s. 295.12 (1) (d).
295.13 Note
Note: Sub. (2) is shown as affected by two acts of the 1995 legislature and as merged by the revisor under s. 13.93 (2) (c).
295.13(3)
(3) Applicability of county ordinance. The ordinance under
sub. (1) or
(2) applies to the entire area of the county, except for cities, villages and towns that enact and administer a nonmetallic mining reclamation ordinance under
s. 295.14.
295.13 History
History: 1995 a. 227 s.
803; s. 13.93 (2) (c).
295.14
295.14
Authority to enact and administer ordinance. 295.14(1)(1)
Authority to enact and administer ordinance. A city, village or town may enact and administer a nonmetallic mining reclamation ordinance, the text of which is in strict conformity with the text of the ordinance under
s. 295.12 (1) (d). Except as provided in
sub. (2), a city, village or town may not administer a nonmetallic mining reclamation ordinance, the text of which is not in strict conformity with the text of the ordinance under
s. 295.12 (1) (d).
295.14(2)
(2) Preexisting municipal ordinances. A city, village or town with a nonmetallic mining reclamation ordinance in effect on June 1, 1993, may maintain and administer that ordinance if the department reviews the existing ordinance and determines that it is at least as restrictive as the ordinance established under
s. 295.12 (1) (d). If the department determines that any part of the existing ordinance is not as restrictive as the ordinance established under
s. 295.12 (1) (d), the city, village or town may amend the ordinance and submit the amended ordinance to the department for approval. After obtaining the approval of the department under this subsection, the city, village or town may not amend the ordinance to make it more restrictive. After obtaining the approval of the department under this subsection, the city, village or town may not amend the ordinance to make it less restrictive than the ordinance established under
s. 295.12 (1) (d).
295.14 History
History: 1995 a. 227 s.
804.
295.15
295.15
Fees. A county or a city, village or town with a nonmetallic mining reclamation ordinance shall collect the fee established under
s. 295.12 (3) (e) and shall forward the state's portion of the fee to the department within 90 days after collecting the fee. A county or a city, village or town with a nonmetallic mining reclamation ordinance shall use the revenues from its portion of the fees only for the administration of the nonmetallic mining reclamation ordinance.
295.15 History
History: 1995 a. 227 s.
805.
295.16
295.16
Applicability of ordinance and standards. 295.16(1)(1)
Existing nonmetallic mining. A nonmetallic mining reclamation ordinance and the standards established under
s. 295.12 (1) (a) apply to all portions of a nonmetallic mining site, including unreclaimed portions of a nonmetallic mining site that relate to nonmetallic mining that occurred before the effective date of the ordinance.
295.16(2)
(2) Nonmetallic mining in or near navigable waterways. A nonmetallic mining reclamation ordinance and the standards established under
s. 295.12 (1) (a) do not apply to any nonmetallic mining site or portion of a nonmetallic mining site that is subject to permit and reclamation requirements of the department under
ss. 30.19,
30.195,
30.20,
30.30 and
30.31.
295.16(3)(a)(a) The standards established under
s. 295.12 (1) (a) and, except as provided in
par. (b), a nonmetallic mining reclamation ordinance apply to nonmetallic mining conducted by or on behalf of the state or a municipality. Notwithstanding
s. 13.48 (13), nonmetallic mining operated for the benefit or use of the state or any state agency, board, commission or department shall comply with the permit requirements and nonmetallic mining reclamation standards of any applicable nonmetallic mining reclamation ordinance.
295.16(3)(b)
(b) The financial assurance requirements of a nonmetallic mining reclamation ordinance do not apply to nonmetallic mining conducted by the state or a municipality.
295.16(4)
(4) Exempt activities. A nonmetallic mining reclamation ordinance and the standards established under
s. 295.12 (1) (a) do not apply to the following activities:
295.16(4)(a)
(a) Excavations or grading by a person solely for domestic or farm use at his or her residence or farm.
295.16(4)(b)
(b) Excavations or grading conducted for highway construction purposes within the highway right-of-way.
295.16(4)(c)
(c) Grading conducted for preparing a construction site or restoring land following a flood or natural disaster.
295.16(4)(d)
(d) Excavations for building construction purposes.
295.16(4)(e)
(e) Nonmetallic mining sites of less than one acre.
295.16(4)(f)
(f) Any mining operation, the reclamation of which is required in a permit obtained under
ch. 293.
295.16(4)(g)
(g) Any activities conducted at a solid waste or hazardous waste disposal site required to prepare, operate or close a solid waste disposal facility under
subchs. II to
IV of ch. 289 or a hazardous waste disposal facility under
ch. 291, but a nonmetallic mining reclamation ordinance and the standards established under
s. 295.12 (1) (a) apply to activities related to solid waste or hazardous waste disposal that are conducted at a nonmetallic mining site that is not part of the solid waste or hazardous waste disposal facility such as activities to obtain nonmetallic minerals to be used for lining, capping, covering or constructing berms, dikes or roads.
295.16(4)(h)
(h) Nonmetallic mining to obtain stone, soil, sand or gravel for highway and bridge construction if the nonmetallic mining is subject to requirements of the department of transportation concerning the restoration of the nonmetallic mining site.
295.16(4)(i)
(i) Dredging for navigational purposes, to construct or maintain farm drainage ditches and for the remediation of environmental contamination and the disposal of spoils from that dredging.
295.16(4)(j)
(j) Removal of material from the bed of Lake Michigan or Lake Superior by a public utility pursuant to a permit under
s. 30.21.
295.16 History
History: 1995 a. 227 s.
806.
295.17(1)(1) An agent of a county, city, village or town that has a valid nonmetallic mining reclamation ordinance may enter a nonmetallic mining site in the performance of his or her official duties at any reasonable time in order to inspect those premises and to ascertain compliance with the nonmetallic mining reclamation ordinance. No person may refuse entry or access to an agent of the county, city, village or town who requests entry for purposes of inspection, and who presents appropriate credentials. No person may obstruct, hamper or interfere with the inspection. The county, city, village or town shall furnish to the operator any report prepared by the county, city, village or town regarding the inspection.
295.17(2)
(2) Any duly authorized officer, employe or representative of the department may enter and inspect any property, premises or place on or at which any nonmetallic mining operation is located or is being constructed or installed at any reasonable time for the purpose of ascertaining the state of compliance with this chapter and
chs. 281,
285,
289 to
293 and
299 and rules adopted pursuant thereto. No person may refuse entry or access to any such authorized representative of the department who requests entry for purposes of inspection, and who presents appropriate credentials, nor may any person obstruct, hamper or interfere with any such inspection. The department shall furnish to the nonmetallic mining site operator a written report setting forth all observations, relevant information and data which relate to compliance status.
295.17 History
History: 1995 a. 227 s.
808,
995.
295.18
295.18
Department review. 295.18(1)(1)
Review. The department shall review the nonmetallic mining reclamation program under this subchapter of each county and each city, village or town that exercises jurisdiction under this subchapter to ascertain compliance with this subchapter and the rules promulgated under this subchapter. This review shall include all of the following:
