Ferryville Ordinance Chapter 24
Non-Metalic Mining Regulations
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
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.
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
(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)
(1) Excavations or grading by a person solely for domestic or farm use at that person's residence or
(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
(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
(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
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
(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
(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
(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
(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
(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
(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
(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
(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
(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
(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
(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
(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
(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
(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
(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
(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.
(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
(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).
(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
(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
(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
(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.