Ordinance24

24.01 Intent
24.02 Definitions
24.03 Applicability and Scope
24.04 License Required
24.05 Procedures For Applying For An Operator's License.
24.06 License Application
24.07 Minimum Standards Of Operation
24.08 Annual Report and License Renewal
24.09 Inspection, Enforcement, Procedures and Penalties
24.10 Financial Assurance
24.11 Damages To Private Water Supplies
24.12 Severability, Interpretation and Abrogation
24.13 Mining Agreement
24.14 Effective Date

24.01 INTENT

The purpose of this section is to provide minimum standards for large nonmetallic mining operations including processing facilities in the Village and to require licenses for nonmetallic mining operators and facility operators in order to protect public health and safety, to minimize or prevent adverse off-site impacts from on-site and off-site operations, and to promote the general welfare of the people and communities within the Village.

24.02 DEFINITIONS.

For the purpose of the section, the following definitions shall be applied:
(1) "Adjoining landowner" means any property within ½ mile of the proposed mine site regardless of whether there is a residence or structure on the property.

(2) "Buffer" means an undisturbed vegetated area measured from the mine site border into the mine site, in which no nonmetallic mining activities, structures or roads can occur except for the construction and maintenance of a vegetated berm.

(3) "Village" means the Village of Ferryville, Crawford County, Wisconsin.

(4) "Dwelling" means any building or structure, or part thereof, which is used or intended to be used for living or sleeping.

(5) "Heavy Vehicle" means a vehicle over 48,000 pounds.

(6) "Landowner" means the person or entity who has title to land in fee simple or who holds a land contract for the land.

(7) A "mine site" or "site" means land from which mineral aggregates or nonmetallic minerals will be extracted for sale or use by the Operator: all land on which is or will be located any structures, equipment, storage facilities, stockpiles, washing, drying, processing or screening facilities, private roads or haulage ways associated with nonmetallic mining operation regardless of whether the materials come from on-site or off-site: and all contiguous lands to the nonmetallic mining operation under common ownership or control of the owner or Operator.

(8) "Nonmetallic minerals" means a product, commodity or material consisting principally of naturally occurring, organic, inorganic, nonmetallic, non-renewable material. Nonmetallic minerals include but are not limited to stone, rock, sand, gravel, asbestos, beryl, diamond, clay, coal, feldspar, peat and talc.

(9) "Nonmetallic mining" means any or all of the following:

(a) 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.

(b) Manufacturing or industrial processing operations that may involve the use of equipment for the crushing, screening, separation, washing, drying or blending of the mineral aggregates or nonmetallic minerals obtained by extraction from the mining site, or from material transferred from off-site.

(c) Manufacturing processes aimed at producing nonmetallic products for sale or use by the Operator.

(d) Stockpiling of nonmetallic products for sale or use off-site and stockpiling of waste materials.

(e) Transport of extracted nonmetallic materials, finished products or waste materials to or from the extraction site and/or processing site(s).

(f) Disposal of waste materials.

(g) Reclamation of the extraction site.

(10) "Operator" means 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.

(11) "Operator's license" or "license" means the license required of mining operators in this Chapter to undertake nonmetallic mining in the Village.

(12) "Waste Material" means the non-marketable 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.

24.03 APPLICABILITY AND SCOPE.

This section shall apply to all nonmetallic mining operations and mine sites including processing facilities within the Village where more than ten (10) acres of total affected acreage occurs over the life of the mine or processing facility, and does not apply to activities set forth in (1) through (5) below.

(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 or restoring land following a flood or natural disaster.

(4) Excavations for building construction purposes conducted on the building site.

(5) 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.

24.04 LICENSE REQUIRED

(1) License Requirement. Except as set forth in the subsection (f), no person shall operate a nonmetallic mine or processing facility within the scope of this Chapter in the Village without first obtaining an Operator's license from the Village Board.

(2) License Term.

(a) An Operator's license shall be granted for a period of three years, commencing on January 1 and ending on December 31. For the first year of operation under this Chapter, the Operator's license will extend from the date of issuance until the second December 31 of the second calendar year after operations have been started.

(b) An Operator's license may be renewed as set forth in Section 24.06.

(c) License Amendment. If the Village 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 not be assigned or transferred without the express written consent of the Village Board.

(e) License Revocation. An Operator's license may be revoked under the procedures in Section 24.09.

(f) Non-metallic sand and gravel mines in operation on and prior to the date this section takes effect shall not be required to register or apply for a license under this ordinance, as long as said mine operates under the original reclamation plan approved by the Crawford County Land Conservation Department and/or the Village of Ferryville and the reclamation plan is not modified in any way. If the reclamation is modified, the mine is considered a new operation and is subject to the licensing requirements of this ordinance.

24.05 PROCEDURES FOR APPLYING FOR OPERATOR'S LICENSE.

(1) Application Form. The Application Form for a license to mine in the Village shall be available from the Village Clerk.

(2) Application Submittal. The applicant shall submit five (5) copies of the Application Form and all required documentation required under Section 24.06 to the Village Clerk accompanied by the payment of the appropriate fees as set forth herein. The Application Form shall be signed by the Operator and by the landowner, provided the landowner is a person other than the Operation.

(3) Reimbursement of Fees and Costs.

(a) Reimbursable Costs. The Village Clerk and other Village staff may expend time in the review and processing of Operator's Licenses. The Village may also retain the services of professional consultants in reviewing, processing and acting upon Operator's License applications, including but not limited to engineers,
attorneys, planners, environmental specialists, and other consultants with skills relevant to Operator Licensing issues arising under this Ordinance. Any applicant for an Operator's License shall reimburse the Village for staff time expended, and shall reimburse the Village for the cost to the Village charged by any consultant retained by the Village, in the administration, investigation, and processing of such Operator's License application.

(b) Preliminary Cost Reimbursement Agreement. At the time an application for an Operator's License is filed with the Village, the applicant shall execute for the benefit of the Village and agreement, agreeing to pay and providing adequate security guaranteeing payment of the cost of the investigation, review and processing of the application, including without limitation by way of enumeration, legal, engineering, acoustical, planning, environmental, and staff administrative costs, The agreement and the security shall be in form and substance acceptable to the Village. The Village shall not begin processing the application until the preliminary cost reimbursement agreement is approved and signed and until the required security is provided to the Village. The Village may accept an initial deposit to begin permit processing and to provide an estimate to the applicant of anticipated costs, but it shall not incur processing costs beyond that for which a deposit or other security has been approved.

(4) Initial Review by the County Land Conservation Department.

(a) Preliminary Review. The Village Clerk shall forward the application to the Land Conservation Department 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 Land Conservation Department proceed to schedule a final review at its next regularly scheduled meeting.

(b) Additional Information. The Land Conservation Department may request the applicant to submit additional information if the Land Conservation Department determines that the application is incomplete. The Land Conservation Department may also retain the services of the engineering firm or other qualified person with appropriate expertise ("retained expert") to review the application and report to the Land Conservation Department whether additional information is required for review of the application and to determine whether the application meets the standards of this Chapter.

(c) Retained Expert Report. Once the applicant has submitted any additional information and has paid the fee in the amount charged, the retained expert shall report to the Land Conservation Department on whether the application meets the requirements of this Chapter.

(d) Final Review. The Land Conservation Department shall schedule the application for the final review at its next regularly scheduled meeting following its completion of review as herein set forth.

(e) Recommendation to the Village Board. Upon completion of its review, the Land Conservation Department shall make findings of fact and either recommend that the Village Board grant the applicant a permit to mine with or without restrictive conditions of use or recommend that the Village Board deny the application for a permit to mine. The Land Conservation Department will make every reasonable effort to expedite their review of the application.

(5) Decision by the Village Board.

(a) Notice and Hearing. The Village Clerk shall place the Land Conservation Department's recommendation on the agenda for the next regular meeting of the Village Board. The Village Board shall set a date for a public hearing and give Public Notice thereof by posting notice of said public hearing at the designated posting places at least fifteen (15) days prior to the date scheduled for the hearing, with the notice mailed to all adjoining landowners. At the public hearing, the Village Board shall take public comment on the proposed mine license.

(b) Village Board Decision. Following the public hearing, the Village Board may take immediate action or set a date for the meeting at which time they shall make a final decision on the Operator's license. The Village Board shall review the retained expert's report as well as public comments made at the public hearing. The Village Board shall grant the licensed if it determines that the operation of the mine including any processing facility will be consistent with the minimum standards and the purposes of this Chapter. If the Village Board denies the license, the applicant may request a hearing under the provisions of Section 24.09 (3).

24.06 LICENSE APPLICATION.

All applicants for a nonmetallic mining Operator's license shall submit the following information:

(1) Ownership Information

(a) The name, addresses, phone numbers, and e-mail address of the Operator of the nonmetallic mining operation.

(b) The name, address, phone numbers, and e-mail address of all owners or lessors of the land on which the nonmetallic mining operation will occur.

(c) If the nonmetallic mining operation is subject to a lease, 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.

(d) Proof that all property taxes on the proposed mine site are current.

(2) Site Information and Maps

(a) Parcel identification numbers of all contiguous parcels owned by the same landowner/lessor on which the nonmetallic mining operation will be located. Certified Survey Maps shall be provided of any of those parcels as may be available at the time of application.

(b) An aerial photo of the proposed site at a scale of not less than 1 inch equals 660 feet signed by both the Operator and the landowner of the mine site.

(c) A topographic map of the mine site extending ½ mile beyond the site boundaries at the contour intervals no wider that 10 feet showing the boundaries of the site, the location and total acreage of the site, and the name of all the roads within one mile of the site.

(d) The location within the site of all existing buildings and other structures, equipment, stockpiles, storage, and parking areas.

(e) A map on which all residential, agricultural and municipal wells within ½ mile of the boundaries of the site in all directions are marked and given a numerical identification of the location.

(f) 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 ½ mile of the site. The base flow of the surface waters within ½ mile of the mine site as determined at the time of application.

(g) The gradient and depth of the groundwater table shall be determined by existing wells within ½ mile of the mine site or other existing data.

(h) A description of the distribution, depth and type of topsoil not only of the area of the site currently proposed for mining and for which an Operator's license application is being submitted, but also of the entire acreage of land contiguous with the proposed mine site that is owned by the same landowner/lessor, as well as the geological composition and depth and width of the nonmetallic deposit.

(i) A map identifying the location of all other non-contiguous sites within the Village of Ferryville and the adjacent township of Freeman if any, that will contribute extracted material to the same processing facility to which the site for which the applicant seeks a license will also contribute.

(3) Operation Plan.

(a) Dates of the planned commencement and cessation of the operation of the mine and processing facilities.

(b) Description of mining methods, machinery and equipment to be used for extraction and processing of the extracted material, and the sequence of operations.

(c) Estimated volume of material to be extracted over the life of the mine and for the next calendar year. Estimated volume of material to be processed over the life of the processing facility and for the next calendar year.

(d) Location of road access points. The proposed location within the site of all buildings and other structures, equipment, stockpiles, storage and parking areas.

(e) 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.

(f) A water budget, including an estimate of the amount of daily water use, water sources, and methods of disposing of water used or falling on the site, including methods used for infiltration and control of run-off.

(g) 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. The Operator shall have a plan for responding to spills of any hazardous materials on the site.

(h) A listing of all flocculants and other chemicals used in the manufacturing or processing operations or in controlling dust, and a detailed description of expected releases and final disposal of each.

(4) Information Demonstrating Compliance with Minimum Standards.

(a) The Operator shall provide the information necessary to demonstrate that the mining operation will comply with the minimum standard in Section 24.07.

(b) For mining operations commencing after the effective date of this Chapter, the Operator shall also provide information establishing baseline conditions at the site before 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 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 waters within ½ mile of the site.

(c) For mining operations and processing facilities commencing after the effective date of this Chapter, the Operator shall also provide information establishing background conditions for air quality at the site before operations commence.

(5) Special Exceptions.

The applicant may 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.

24.07 MINIMUM STANDARDS OF OPERATION.

The Village Board may grant a license to mine if the applicant can demonstrate that the following minimum standards of operations will be met:

(1) General Standards.

(a) The Operator shall stake or otherwise mark the borders of the entire site and shall secure the site by appropriate measures which can include fencing or other alternative measures consistent with mine safety and security.

(b) The Operator shall demonstrate compliance with all of the other provisions of this Chapter and other applicable Village Ordinances.

(c) The Operator shall have obtained a permit from the Village for any blasting operations.

(d) The Operator shall demonstrate that all other applicable federal, state and local permits and approval 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 Village prior to commencing operations.

(e) The Operator shall provide notice to the Village of any notices of violation, citations, or other enforcement actions taken by any other governmental body against the mining operation within the Village within fifteen (15) days of receiving such notice from the governmental body.

(2) Buffer Areas

(a) Except as noted below, the Operator shall provide a buffer area of a minimum of 50 feet along bordering property lines and public roadways. The buffer area shall provide a setback of 660 feet to the location of any dwelling unless the landowner consents to a lesser distance but not less than 50 feet. For example, if a dwelling is located 100 feet from the mine site property boundary, the buffer area on the mine site would be 560 feet so that the distance to the dwelling would be 660 feet. If a berm is placed within the buffer area and it lies along a public roadway, the bottom edge of the berm shall be a minimum of 10 feet from the edge of any road side ditch and shall be vegetated to minimize erosion entering the ditch.

(b) 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.

(3) Hours of Operation.

(a) The Operator shall limit normal hours of operations on-site to 8 hours a day Monday through Friday during daylight hours and not earlier than 5:00 a.m. and not later than 9:00 P.M. and on Saturday during daylight hours and not earlier that 5:00 a.m. and no later than 5 p.m. to minimize off-site impact to residents. Operations on-site shall not occur on Sundays or Federal holidays. The Operator may submit a plan for extended hours as a special exception, if it can demonstrate that additional hours are necessary for the mining operation and it would be consistent with public health, safety and welfare.

(b) Operation of Heavy Vehicles leaving the mining site shall be limited to Monday through Friday during daylight hours and not earlier than 6:00 a.m. and not later than 8:00 p.m. and on Saturday during daylight hours and not earlier than 6:00 a.m. and not later than 12:00 noon. There shall be no operation of Heavy Vehicles leaving the mining site on Sunday or Federal holidays. The Operator may submit a plan for extended hours as a special exception, if it can demonstrate that additional hours are necessary for the mining operation and it would be consistent with public health, safety and welfare.

(c) The Operator shall schedule Heavy Vehicles to and from the mining site in a manner to avoid interfering with the safety of children being taken or returned from school, the safety of slow-moving farm vehicle traffic, and the safety of residents and commuters at times when traffic volume from commuters going to and from work is highest.

(4) Control of Light and Noise

(a) The Operator shall limit night lighting on-site, to that which is minimally necessary for security and worker safety. Every effort consistent with the legal requirements for safety shall be made to minimize illumination of the night sky and neighboring properties. At a minimum such measures shall include the following:

(1) The use of full cutoff shrouds on all lights.

(2) Portable lighting shall be used only as necessary to illuminate temporary work areas.

(3) The use of berms of sufficient height coupled with other methods of visual screening to block light from neighboring properties.

(4) The design and location of access roads to minimize lights from traffic and operations to neighboring properties.

(b) The Operator shall control off-site noise levels to the maximum extent practicable to avoid adverse impacts to adjoin landowners. The noise levels at the boundaries of the mining or processing site shall not exceed 60dB. The use and regulation of compression release engine brakes, commonly known as jake- brakes is prohibited except for emergencies.

(5) Control of Air Pollution

(a) Regardless of the actual monthly production of the nonmetallic mine, the Operator shall cover all trucks hauling sand with secured tarps, and utilize all relevant dust control measures specified in Wis. Admin. Code NR 415.075 or any amendments to same. Additionally, the Operator shall have an established protocol for additional dust control measures when winds in excess of 35 mph are forecasted for the immediate area.

(b) Air monitors.

(1) If an applicant is applying for an Operator's license for a mining operation that includes a frac-sand processing plant, the Operator shall be required to monitor the ambient level of airborne particulate matter of 2.5 microns in size (PM2-5) and Total Suspended Particulates (TSP) as measured by the method described in Appendices L and B, respectively, of 40 C.F.R. part 50 (2011) or a method approved in writing by the Village. 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 Village Board and its consultant, but all costs associated with monitoring shall be borne by the Operator.

(2) If the air monitors show an exceedance of 35 micrograms per cubic meter of PM2.s in any 24 hour period, the Operator shall evaluate and implement additional best management practices to minimize PM25 emissions.

(3) If the air monitors show an exceedance of 150 micrograms per cubic meter of TSP in any 24 hour period, the Operator shall evaluate and implement additional best management practices to minimize TSP.

(4) The Operator shall compile a monthly summary of monitoring results and report such results within 10 days of the end of each month to the Village.

(6) Control of Waste Materials

The amount of waste material (non-marketable 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 byproduct 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.

(7) Standards Regarding Groundwater and Surface Water.

(a) Impacts to Groundwater Quality.

(1) 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 2 years of operation and twice a year in subsequent years.

(2) The mining company shall sample private wells within ¼ mile of the mine site down gradient of the groundwater flow every 2 years and private wells on the perimeter of other sides of the mine site every 3 years. In addition, monitoring at the sentinel well shall determine changes in the level of the groundwater table.

(3) Prior to the onset of mining operations, all private wells within ½ 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.

(4) All testing, as is herein required, shall be reported to the Village Board within 15 days of the required completion date.

(5) Mining operations shall not cause an exceedance of groundwater quality standards in Wis. Admin. Code Chapter NR 140.

(b) Impacts to Groundwater Quantity.

(1) At least 60 days prior to commencement of non-metallic mining operations, the Operator shall place sufficient test wells to verify the groundwater elevations on the mine site. 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.

(2) Mining operations shall not extract materials at a depth below the point that is 5 feet above the maximum established groundwater table.

(3) Mining operations shall not cause a significant reduction is the quantity of groundwater available for reasonable use by current users within ½ miles of the mine site. A significant reduction includes a drop in the water table that results in a substantial adverse impact on a private well including but not limited to the inability of a well to provide water on a continuous basis.

(c) Impacts to Surface Water Base Flow.

Mining operation shall not cause a lowering of the groundwater table that results in adverse effects on the surface waters within ¼ 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.

(d) 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 ½ 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 operations.

(e) The Operator shall undertake all measures necessary for the control of surface water runoff from nonmetallic mining operations in order to prevent pollutions and erosion of sediment onto neighboring properties, surface water and groundwater, and shall also comply with the standards for erosion control under Wis. Admin. Code Chapters NR 216 and NR 151, as applicable and any amendments to same.

(f) In the event that the 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.

(8) Hazardous Material.

(a) All hazardous chemicals shall be stored, used and disposed of in accordance with applicable state and federal law.

(b) The Operator shall not use as landfill material or dispose onsite, any waste material that contains a toxic amount of a hazardous chemical or a toxic residual.

(c) The Operator shall have a plan for responding to spills of any hazardous materials on the site. Said plan shall be submitted to the Village Board prior to the public hearing for the applicants license.

(9) Special Exceptions.

(a) The Operator can request a special exception from the minimum standards of this section if it can demonstrate that the intent of this Chapter can be achieved through 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.

(b) The Village Board may, at any time, impose requirements in addition to or exceeding the minimum standards if it has evidence that the public health, safety, and welfare is not being or will not be adequately protected without the imposition of additional measures.

24.08 ANNUAL REPORT AND LICENSE RENEWAL

(1) Annual Report

(a) No later than October 1st of each calendar year, the Operator shall submit an annual report to the Village for all active and intermittent mining sites and processing facilities for which the Operator has a license in the Village. The reporting period shall be from the date of the issuance of the first Operator's license to September 30th and thereafter from October 1st to September 30th.

(b) The annual report shall include the following information:

(1) An identification of the Operator and location of the mining site.

(2) A map or drawing accurately showing the area of excavation, the unclaimed area and any the reclaimed area including a calculation of the number of acres for each type.

(3) A description of activities and operations on the site for the previous calendar year.

(4) A description of activities and operations on the site anticipated for the following calendar year.

(5) 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 include all groundwater, surface water and other monitoring results, as well as a copy of all annual reports submitted to all other agencies.

(6) A summary of all areas of non-compliance, and a plan for bringing non- compliant areas into compliance.

(2) License Renewal

(a) The Operator shall make written request to the Village Clerk for a renewal of the license to operate the mine no later than October 1st of the year in which the license will expire. The application shall be accompanied by the payment of a fee in an amount $5000.00.

(b) The written request for renewal shall incorporate by reference the annual report from the previous calendar years in accordance with the provisions of sub. (1).

(c) The Village Clerk shall review the renewal application within 60 days of receipt to determine whether the application is complete and upon a determination that it is complete shall forward it to the Village Board.

(d) The Village Board shall review the application to determine if additional information or expertise is necessary to properly evaluate the application. The Village 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 Village Board or the Village Clerk may be assigned to inspect the site. If no additional information or expertise is deemed necessary the Village Board shall schedule the application for a decision under par. (g).

(e) If the Village Board determines that additional expertise is required, the Village shall authorize hiring an engineer or other qualified person with appropriate expertise to advise the Village 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 additional review is undertaken.

(f) Once the applicant has submitted any additional information and has paid the fee in the amount charged, the retained expert shall report to the Village Board on whether the renewal application meets the requirements of this Chapter. The Village Clerk shall place the request on the agenda of the next regular meeting or a special meeting of the Village Board prior to the expiration of the license.

(g) The Village Board shall grant the request for renewal if it finds:

(1) There have been no material violations of the Chapter or the license which have not been appropriately remedied, and

(2) The Operator has not received multiple or recurring citations or orders for violations of the Operator's license or this Chapter.

(3) All applicable fees have been paid and financial responsibility requirements have been met.

(h) If the Village Board denies the request for renewal, the Village shall notify the Operator and provide the Operator with an opportunity for a hearing under Section 24.09 (3).

24.09 INSPECTION, ENFORCEMENT, PROCEDURES AND PENALTIES

(1) Inspection. In addition to an inspection pursuant to Section 24.08 (2), the Village Board or other authorized representative of the Village, may make inspections to determine the condition of nonmetallic mining sites in the Village in order to safeguard the health and safety of the public and determine compliance with the minimum standards under this Chapter upon showing proper identification, and upon reasonable notice.

(2) Violations. The following are violations under this Chapter:

(a) Engaging in nonmetallic mining without an Operator's license granted by the Village Board.

(b) Failure to comply with the applicable minimum standards and other terms of this Chapter.

(c) Making incorrect or false statements in the information and documentation submitted during the licensing process or during inspection of the operation by the Village or its duly appointed representative.

(d) Failure to timely file the annual operational report under Section 24.08.

(e) Failure to take appropriate action in response to the notice of violation, citation, request for additional financial assurance under Section 24.10 or other order issued by the Village.

(3) Hearings.

(a) Any person affected by a notice and order issued in connection with the enforcement of this Chapter under sub (4), 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 Village Board, provided such person shall file with the Village Clerk, a written petition requesting the hearing and setting forth his name, address, 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 thirty days of the date the notice and order are served or upon 30 days upon denial of an application for a renewal. Upon receipt of the petition, the Village Clerk shall set a time and place for a hearing before the Village Board and shall give the petitioner written notice thereof.

(b) After the hearing, the Village Board by a majority vote, shall sustain, modify or withdraw the notion under sub. (4), 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.

(c) The proceedings of the hearing, including the findings and decision of the Village Board and the reason therefore shall be summarized in writing and entered as a matter of public record in the office of the Village Clerk. Such record shall also include a copy of every notice and order issued in connection with the case.

(4) Remedies. The Village may take any appropriate action or proceeding against any person or entity that is in violation of this Chapter, including the following:

(a) Issue a stop work order.

(b) Issue a notice of violation and order that specifies the action to be taken to remedy a situation.

(c) Issue a citation in accord with the Village ordinances.

(d) Refer the matter to legal counsel for consideration and commencement of legal action including the assessment of penalties under sub. (6) and injunctive relief.

(e) Suspend or revoke the Operator's license under sub. (5).

(5) License Suspension or Revocation. After giving notice and a hearing, the Village Board may suspend or revoke an Operator's license for a violation under sub. (2).

(6) Penalties.

(a) Any person or entity who is adjudicated for a violation shall pay a forfeiture of not less that $100 per violation nor more than $5000 per violation and/or be subject to injunctive relief each day a violation exists is a separate violation.

(b) Any person or entity adjudicated for violation of this Chapter shall pay court costs and reasonable attorney's fees. The remedies provided herein shall not be exclusive of other remedies.

(7) Non-Waiver. A failure by the Village to take action on any past violation(s) shall not constitute a waiver of the Village's right to take action on any present violation(s).

24.10 FINANCIAL ASSURANCE

(1) Financial assurance shall be provided to the Village as a condition of license approval in the amount necessary for the following:

(a) Road repair. An amount necessary for the repair and maintenance of Village streets, roads, alleys and other methods of public transportation used for truck traffic transporting materials to or from the site.

(b) Water Supply. An amount necessary to provide an alternative water supply to potentially affected residences or agricultural operations within ½ mile of the site or such other area shown to be impacted by the Operator's operations.

(2) The form of financial assurance made to the Village shall be that form agreed to by the Village Board and may include escrow accounts, irrevocable letters of credit or other measures agreed upon by the Village Board.

(3) In the event the Village determines that the amount of financial assurances must be increased to meet specific road repair or water supply needs, or the amount available has been utilized, the Village 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 and upon failure to so provided, any license issued hereunder shall be suspended until payment is made.

(4) The Operator shall also provide to the Village proof that it has provided the financial assurances for reclamation required under Wisconsin law.

24.11 DAMAGES TO PRIVATE WATER SUPPLIES

(1) A property owner within ½ mile of the mine site may seek remedies under sub, (2) for any of the following damages to private water supply:

(a) A maximum contaminant level, preventative action limit or enforcement standard is exceeded in a private water supply well on the owner's property.

(b) A substantial adverse impact on the quantity 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.

(c) 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 5 days.

(2) Any property owner under sub. (1) seeking a remedy under this Section shall simultaneously file a notice with the Village and the mine Operator of the occurrence of the event under sub. (1) explaining the nature and extent of the problem.

(3) Within 24 hours of receipt of such notice under sub. (2), the Village may use funds provided under Section 24.10 to provide an adequate interim water supply. The Village shall also use funds under Section 24.10 to indemnify the Village for any claims filed under Wis. Stat 281.77(4) or any amendments to same. An interim water supply shall continue until the Village has approved the report or plan under sub. (4).

(4) Within 20 days of receipt of notice under sub. (2), the mine Operator shall provide to the property owner and to the Village a report that demonstrates that the impact to the property owner was not attributable to the mining operation or to present a plan for a permanent alternative water supply to be paid for by the Operator.

(5) The Village shall in consultation with the property owner review the report or plan and approve or deny such plan. If the Village determines that the mine Operator was not the cause of damage to the private water supply, the Operators exclusive remedy shall be reimbursement to the property owner, all costs of supplying water for a period not to exceed one year.

(6) A property owner beyond ½ mile of the mine site may apply to the Village for use of funds under Section 24.10 to remedy to a private water supply indentified in sub. (1), provided that the property owner can demonstrate to the Village that the damage to the private water supply was caused by the mine. If the Village determines that the damage was caused by the mine, the property owner can utilize the remedies in subs. (2) to (4).

24.12 SEVERABILITY, INTERPRETATION, AND ABROGATION

(1) Severability

(a) Should any section, clause, provision or portion of this Chapter be adjudged unconstitutional, 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.

(b) If any application of this Chapter to a particular parcel of land is adjudged unconstitutional or invalid by a final order or 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.

(2) The provisions of this Chapter shall be liberally construed in favor of the Village and shall not be construed to be a limitation or a repeal of any other power now possessed or granted to the Village.

(3) 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.

24.13 MINING AGREEMENT

(1) Any of the provisions of this Chapter, including the license term, may be modified by the development of a Mining Agreement between the Village and the Operator if the Village Board determines that the intent of this Chapter can be achieved through the use of alternative measures, and that the public health, safety and welfare will not be adversely affected thereby.

24.14 EFFECTIVE DATE

(1) Following passage of the Village Board, this Chapter shall take effect the day after the date of publication or posting as provided by Wis. Stat. 60.80 and any amendments to same.

(2) Any ordinance or parts thereof inconsistent herewith are hereby repealed.

(3) This Ordinance shall be effective from and after its passage and publication as required by law.