ORD20071256chap38-withchanges
COMMON COUNCIL - CITY OF MUSKEGO
ORDINANCE #1256
AN ORDINANCE REPEAL AND RECREATE CHAPTER 38
OF THE MUNICIPAL CODE OF THE CITY OF MUSKEGO
(Nonmetallic Mining)
The Common Council of the City of Muskego, Waukesha County, Wisconsin, do ordain
as follows:
SECTION 1: Chapter 38 is hereby repealed and recreated to read as follows:
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CITY OF MUSKEGO
CHAPTER 38
CODE FOR NONMETALLIC MINING RECLAMATION
(Ord. #1069 - 05-31-2001)
38.01 GENERAL
(1) Title.
Nonmetallic mining reclamation ordinance for the City of Muskego.
(2) Purpose.
The purpose of this chapter is to establish a local program to ensure the effective
reclamation of Nonmetallic mining sites on which Nonmetallic mining takes place in the
City of Muskego after the effective date of this chapter, in compliance with Chapter NR
135, Wis. Adm. Code and Subchapter I of Chapter 295, Wisconsin Statutes.
(3) Statutory Authority.
This chapter is adopted under authority of Section 295.14(1), Wisconsin Statutes,
Section NR 135.32, Wis. Adm. Code, and §62.11(3), Wisconsin Statutes.
(4) Restrictions Adopted Under Other Authority.
The purpose of this chapter is to adopt and implement the uniform statewide standards
for Nonmetallic mining required by Section 295.12(1)(a), Stats., and contained in
Chapter NR 135, Wis. Adm. Code. It is not intended that this chapter repeal, abrogate,
annul, impair or interfere with any existing rules, regulation, ordinances or permits not
concerning Nonmetallic mining reclamation previously adopted pursuant to other
Wisconsin law. If any other ordinance is in conflict with the terms of this code, the terms
of this code shall apply.
(5) Interpretation.
In their interpretation and application, the provisions of this chapter shall be held to be
the applicable requirements for Nonmetallic mining reclamation and shall not be deemed
a limitation or repeal of any other power granted by the Wisconsin Statutes outside the
reclamation requirements for Nonmetallic mining sites required by subchapter I of
Chapter 295, Wisconsin Statutes and Chapter NR 135, Wis. Adm. Code. Where any
terms or requirements of this chapter may be inconsistent or conflicting, the more
restrictive requirements or interpretation shall apply. Where a provision of this chapter is
required by Wisconsin Statutes, or by a standard in Chapter NR 135, Wis. Adm. Code,
and where the provision is unclear, the provision shall be interpreted to be consistent
with the Wisconsin Statutes and the provisions of Chapter NR 135, Wis. Adm. Code.
(6) Severability.
Should any position of this chapter be declared unconstitutional or invalid by a court of
competent jurisdiction, the remainder of this chapter shall not be affected.
(6)(7) Applicability.
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(a) Overall Applicability. The requirements of this chapter apply to all operators of
Nonmetallic mining sites within the City of Muskego operating on or commencing
to operate after August 1, 2001, and as provided in Sections NR 135.02(1) and
(2), Wis. Adm. Code except where exempted in sub. 38.01(67)(b).
(b) Exemptions. This chapter does not apply to the exempt activities listed in
Section NR 135.02(3), Wis. Adm. Code.
(7)(8) Administration.
The provisions of this chapter shall be administered by the City Planning
Department, unless otherwise specified.
(9) Effective Date.
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The provisions of this chapter shall take effect on December 1, 2006.
(8)(10) Definitions.
All definitions for the purposes of this chapter are those contained in Section NR
135.03, Wis. Adm. Code.
38.02 STANDARDS
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(1) Standards.
All Nonmetallic mining sites subject to this chapter shall be reclaimed in conformance
with the standards contained in Subchapter II of Chapter NR 135, Wis. Adm. Code.
38.03 PERMITTING
(1) Nonmetallic Mining Reclamation Permit Application Required. No person may engage in
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nonmetallic mining or in nonmetallic mining reclamation without possessing a
nonmetallic mining reclamation permit issued pursuant to the applicable reclamation
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ordinance unless the activity is specifically exempted in subs. 38.01(6)(a) or 38.01(6)(b).
(a) Required Submittal. The operator of all Nonmetallic mining sites that operate on
or after August 1, 2001, shall apply for a reclamation permit from the City of
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Muskego. All reclamation permit applications under this section shall be
accompanied by the information required by Section NR 135.18(31), Wis. Adm.
Code.
(b)Existing Mines. The operator of any existing Nonmetallic mine shall apply for an automatic
reclamation permit from the City by providing the information required by Section NR 135.18(1),
Wis. Adm. Code and the submittals required under sub. 38.03(1)(a) no later than August 1,
2001, to the City Planning Department.
(c)(b) New Mines.Reclamation Permit Application Contents. The operator of any
Nonmetallic mine site that engages in or plans to engage in Nonmetallic mining
that will begin operations after August 1, 2001, or which has not applied for an
automatic reclamation permit pursuant to sub. 38.03(1)(b) shall submit an
application that meets the requirements of Sections NR 135.18(2), Wis. Adm.
Code and the submittals required under sub. 38.03(1)(a) to the City Planning
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Department prior to beginning operations. This application shall be accompanied
by a plan review fee as specified in s. 38.04(4).
(2) Reclamation Plan.
(a) Reclamation Plan Requirements. All operators of Nonmetallic mining sites
subject to this chapter shall prepare and submit a reclamation plan that meets
the requirements of Section NR 135.19, Wis. Adm. Code.
(b)Existing Mines. The operator of any Nonmetallic mining site that submits an
automatic permit application in conformance with sub. 38.03(1)(b) shall submit
the reclamation plan required by sub. 38.03(2)(a) within twelve (12) months from
August 1, 2001.
(c)New Mines. The operator of any Nonmetallic mining site that applies for a permit in
1.Conformance with sub. 38.03(1)(c) shall submit the reclamation plan required
by sub. 38.03(2)(a) with its
2.Application for a reclamation permit.
(d)(b) Existing Plans and Approvals. To avoid duplication of effort, the reclamation plan
required by sub. 38.03(2)(a) may, by reference, incorporate existing plans or
materials that meet the requirements of this chapter. Previous approvals for
Nonmetallic mining sites that apply in accordance with sub. 38.03(1)(b) shall
satisfy the requirements of sub. 38.03(2)(a) if they meet the requirements of
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Section NR 135.21(1)(d), Wis. Adm. Code.
(e)(c) Approval of Reclamation Plan. The City of Muskego Plan Commission shall
approve, conditionally approve, or deny the reclamation plan submitted under
this section in writing as part of permit issuance pursuant to sub. 38.03(5)(b) for
existing mines and sub. 38.03(5)(d) for new mines. Conditional approvals of
reclamation plans shall be made according to sub. 38.03(5)(ge), and denials of
reclamation plans made according to s. 38.03(6). The City shall keep a copy of
the reclamation plan required by this section on file in perpetuity once approved
under this chapter.
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(3) Financial Assurance.
(a) Financial Assurance Requirements. All operators of Nonmetallic mining sites in
the City of Muskego shall prepare and submit a proof of financial assurance of
successful reclamation that meets the requirements of Section 135.40, Wis.
Adm. Code.
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(b)Existing Mines. The operator of any Nonmetallic mining site that submits an
automatic permit application in conformance with sub. 38.03(1)(b) shall submit
the financial assurance required by sub. 38.03(3)(a) within twelve (12) months of
the date of the adoption of this Ordinance August 1, 2001.
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(c)(b) NewPrivate Nonmetallic Mines. The operator of any Nonmetallic mining site that
applies for a reclamation permit in conformance with sub. 38.03(1)(cb) shall
submit the proof of financial assurance required by sub. 38.03(3)(a) as specified
in the reclamation permit issued to it under this chapter.
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(d)(c) Public Nonmetallic Mining. The financial assurance requirements of this section
do not apply to Nonmetallic mining conducted by the State of Wisconsin, a state
agency, board, commission or department, or a municipality.
(4) Public Notice and Right of Hearing.
(a) New Mines.Reclamation Plan Hearing. The City of Muskego shall provide
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public notice and the opportunity for a public informational hearing as set forth in
Sections NR 135.20(1) and (2), Wis. Adm. Code for any Nonmetallic mining site
for which a complete reclamation permit application that satisfies sub. 38.03(1)(c)
is received.
(b)Existing Mines. No public notice or informational hearing is required on an application
for a reclamation permit for an existing mine that satisfies sub. 38.03(1)(b),
except as provided in Section NR 135.20(4)(c), Wis. Adm. Code.
(c)(b) Local Transportation-Related Mines. No public notice or informational hearing is
required for a Nonmetallic mining reclamation permit issued to a local
transportation-related mine pursuant to sub. 38.03(5)(ec).
(5) Issuance of a Nonmetallic Mining Reclamation Permit.
(a) Permit Required. Every operator of a Nonmetallic mining site in the City of
Muskego who engages in or plans to engage in Nonmetallic mining after
September 1, 2001, shall obtain a reclamation permit issued under this section,
except Nonmetallic mining sites exempt fromexempt from this chapter as
provided in sub 38.01(67)(b). No person may engage in Nonmetallic mining or
Nonmetallic mining reclamation after September 1, 2001, without a reclamation
permit issued pursuant to this chapter.
(b)Automatic Permit for Existing Mines. The City shall issue an automatic reclamation
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permit to the operator of any Nonmetallic mining that submits an application
meeting the requirements of sub. 38.03(1)(b) as set forth in Section 135.21(1),
Wis. Adm. Code. The automatic permit shall be issued within 30 days of such
application.
(c)Evaluation of Follow-Up Submittals for Existing Mines. Mines covered by automatic
permits issued under sub. 38.03(5)(b) shall submit a reclamation plan in
accordance with sub. 38.03(2)(b) and proof of financial assurance in accordance
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with sub. 38.03(3)(b) by the deadlines established in those subsections. The
Plan Commission may grant reasonable extensions to these deadlines in writing
where extenuating circumstances have been determined to exist. The follow-up
submittals required by this subsection shall be evaluated using the criteria and
procedures in Sections NR 135.21(1)(d), (e) and (f).
(d)(b) Permit Issuance for New Mines. Applications for reclamation permits for
Nonmetallic mining sites not permitted under sub 38.03(5)(b) that satisfy sub.
38.03(1)(c) shall be issued a reclamation permit or otherwise acted on as
provided in Section NR 135.21(2), Wis. Adm. Code. The permit shall require
compliance with a reclamation plan submitted by the applicant that conforms with
sub. 38.03(2)(ca), and provision by the applicant of financial assurance that
conforms with sub. 38.03(3)(c) payable to the City prior to beginning mining.
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(e)(c) Automatic Permit for Local Transportation-Related Mines. The City of Muskego
shall issue an automatic permit under this subsection for any borrow site
operated to provide material for a locally-administered transportation project that
meets the criteria in Section NR 135.23(1)(a), Wis. Adm. Code. This automatic
permit shall be issued according to the provisions of Sections NR 135.23(1)(b)
through (j), Wis. Adm. Code.
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(f)(d) Expedited Review. Any operator of a Nonmetallic mining site may obtain an
expedited review of a reclamation permit application by paying the expedited
review fee specified in s. 38.04(3)(b). The expedited review shall be carried out
according to the provisions of Section NR 135.23(21), Wis. Adm. Code. Such
expedited review shall not waive, shorten or otherwise affect the public notice
and right of hearing pursuant to s. 38.03(4).
(g)(e) Permit Conditions. Permits issued under this section may include conditions as
provided in Section NR 135.21(32), Wis. Adm. Code. One required condition
shall be that new mines shall obtain financial assurance prior to beginning mining
pursuant to Section NR 135.40, Wis. Adm. Code.
(6) Permit Denial.
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An application for a Nonmetallic mining reclamation permit shall be denied if any of the
factors specified in Section NR 135.22, Wis. Adm. Code exist.
(7) Alternative Requirements.
(a) Scope of Alternative Requirements Approvable. An operator of a Nonmetallic
mining site may request an alternative requirement to any reclamation standard
established in s. 38.02(1). Such a request may be made only on the basis of the
criteria set forth in Section NR 135.26(1), Wis. Adm. Code.
(b) Procedures. The operator of a Nonmetallic mining site requesting an alternate
requirement in sub. 38.03(7)(a) shall demonstrate all the criteria in Section NR
135.26(1), Wis. Adm. Code. This shall be submitted in writing to the City of
Muskego Planning Commission. The Plan Commission shall review and
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determine by simple majority, under the authority granted by s. 62.23 Stats., the
appropriateness of the requested alternate requirements.
(c) Transmittal of Decision on Request for Alternate Requirements. The decision on
a request for alternative reclamation requirements shall be in writing to the
applicant and shall include documentation of why the alternative requirement was
or was not approved.
(d) Notice to Wisconsin Department of Natural Resources. The City of Muskego
shall provide notice to the Wisconsin Department of Natural Resources as
provided in Section NR 135.26(3)(a), Wis. Adm. Code.
(8) Permit Duration.
A Nonmetallic mining reclamation permit issued under this chapter shall last through
operation and reclamation of the Nonmetallic mining site, unless suspended or revoked
pursuant to sub. 38.05(2)(b), or as limited under Section NR 135.27, Wisconsin
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Administrative Code where the mine operator is not the landowner.
(9) Permit Transfer.
A Nonmetallic mining reclamation permit issued under this chapter shall be transferred
to a new owner or operator upon satisfaction of the conditions in Section NR 135.28,
Wis. Adm. Code.
(10) Review.
Any permitting decision or action made by the City of Muskego under this chapter may
be reviewed as set forth in Section NR 135.30, Wis. Adm. Code.
38.04 ADMINISTRATION
(1) Permit Modification.
(a) By the City of Muskego. A Nonmetallic mining reclamation permit issued under
this chapter may be modified by the City of Muskego if it finds that, due to
changing conditions, the Nonmetallic mining site is no longer in compliance with
this chapter. Such modification shall be by an order conforming with the
procedures in s. 38.05(2) and as provided in Section NR 135.24(1), Wis. Adm.
Code.
(b) At the Operator’s Option. If operator of any Nonmetallic mine that holds a
reclamation permit issued under this chapter desires to modify such permit or
reclamation plan approved under this chapter, it may request such modification
by submitting a written application for such modification to the City of Muskego
Planning Department. The application for permit or plan modification shall be
acted on using the standards and procedures of this chapter.
(c) Required by the Operator. The operator of any Nonmetallic mine that holds a
reclamation permit issued under this chapter shall request a modification of such
permit if required under the circumstances set out in Section NR 135.27, Wis.
Adm. Code. Such application for permit modification shall be acted on using the
standards and procedures of this chapter.
(d) Review. All actions on permit modifications requested or initiated under this
section are subject to review under s. 38.03(10).
(2) Permit Suspension or Revocation.
(a) Grounds. The City of Muskego may suspend or revoke a Nonmetallic mining
reclamation permit issued pursuant to this chapter if it finds any of the grounds
listed in Section NR 135.25(1), Wis. Adm. Code.
(b) Procedures. If the City of Muskego finds grounds for suspending or revoking a
Nonmetallic mining reclamation permit set forth in sub. 38.04(3)(a), it may issue a
special order suspending or revoking such permit as set forth in sub. 38.05(2)(b).
(c) Consequences. The consequences of a reclamation permit suspension or
revocation order under sub. 38.04(2)(b) shall be as set forth in Sections NR
135.25(2) and (3), Wis. Adm. Code.
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(3) Annual Operator Reporting.
(a) Contents and Deadline. Annual reports shall be submitted by the operators of
Nonmetallic mining sites that satisfy the requirements of Section 135.36, Wis.
Adm. Code. These reports shall be for reclamation during a calendar year, and
submitted in writing to the City of Muskego Planning Department. Annual reports
shall be submitted until reclamation at each Nonmetallic mining site is certified as
complete under sub. 38.04(7)(c).
(b) Inspection in Lieu of Report. The City of Muskego may, at its discretion, obtain
the information required in sub. 38.04(3)(a) by written documentation of an
inspection it completes during a calendar year, as set forth in Section NR
135.36(4), Wis. Adm. Code.
(c) Retention of Annual Reports. Annual reports submitted under this section or
inspection records that replace them shall be retained by the City of Muskego as
outlined in the City’s Records Retention Policy, but not less than ten (10) years.
These records, or accurate copies of them, shall be made available to the
Wisconsin Department of Natural Resources upon written request or during its
inspection or audit activities carried out pursuant to Chapter NR 135, Wis. Adm.
Code.
(4) Plan Review Fees.
(a) Amount and Applicability. A person who intends to operate a Nonmetallic mining
site for which a permit application has been submitted under sub. 38.03(1)(c)
shall submit a non-refundable plan review fee as specified from time to time by
Resolution of the Common Council. Fees shall be submitted to the City of
Muskego Planning Department. No plan review fee may be assessed under this
section for any Nonmetallic mine site for which an application for an automatic
reclamation permit is submitted that meets the requirements of sub. 38.03(1)(b)
or for any local transportation-related mine issued an automatic permit under
sub. 38.03(5)(ec). A separate plan review fee shall be paid under this section for
any modification to an existing reclamation plan submitted pursuant to s.
38.04(1).
(b) Expedited Plan Review Fee. A person who intends to operate a Nonmetallic
mining site for which a permit application has been submitted under sub.
38.03(1)(c) may obtain expedited reclamation plan review by paying a fee equal
to two (2) times the amount establish by Resolution of the Common Council in
sub. 38.04(4)(a). Such fee shall be in addition to that required in sub.
38.04(4)(a).
(c) Relation to Annual Fee. Any reclamation plan review fee or expedited
reclamation plan review fee collected under this section shall be added to and
collected as part of the first annual fee collected under s. 38.04(5).
(5) Annual Fees.
(a) Areas Subject to Fees, Procedures and, Deadline and Amount. Operators of all
Nonmetallic mining sites subject to reclamation permits issued under this chapter
shall submit fees as required in this chapter to the City of Muskego Planning
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Department. Fees paid under this section shall include both a share for the
Wisconsin Department of Natural Resources under sub. 38.04(5)(b) and a share
for the City under sub. 38.04(5)(c) that equals as closely as possible the costs of
examination and approval of Nonmetallic mining reclamation plans and the
inspection of Nonmetallic mining reclamation sites. These fees shall be
calculated based on amount of un-reclaimed acres of each site, as defined in
Section NR 135.39(1)(a), Wis. Adm. Code and according to its provisions. Such
fees apply to a calendar year or any part of a year in which Nonmetallic mining
takes place, until final reclamation is certified as complete under s. 38.04(7).
Fees shall be paid no later than January 31 for the previous year. in conjunction
with the annual review required in sub. 38.04(3)(a). Fees shall be submitted with
a form specified by the City of Muskego Planning Department.
(b) Wisconsin Department of Natural Resources Share of Fee. Fees paid under this
section shall include a share for the Wisconsin Department of Natural Resources
equal to the amount specified in Section NR 135.39(3) Table 1, Wis. Adm. Code.
For sites on which no Nonmetallic mining has taken place during a calendar year,
fees to be paid under this section for the following year shall be $15.00. as
established from time to time by the Wisconsin Department of Natural
Resources. City of Muskego shall forward fees collected under this subsection to
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the Wisconsin Department of Natural Resources by March 31.
(c) City of Muskego’s Share of Fee. Fees paid under this section shall also
1. Fees paid under this section shall also Iinclude an annual fee due to the
City of Muskego as shall be established from time to time by Resolution
of the Common Council. Forms and fees shall be submitted to the City of
Muskego Planning Department’s office at the Muskego City Hall, W182
S8200 Racine Ave., Muskego, WI.
2. The annual fee collected by the City of Muskego under this subsection for
local transportation-related mined issued permits under sub. 38.03(5)(c)
may not exceed the amounts set forth in Table 2 of Section NR 135.39
and shall include both a share for the Wisconsin Department of natural
Resources and the City of Muskego.
(d) Reduced Fee for Inactive Mines. Any site on which no Nonmetallic mining
activity has taken place in a calendar year shall be assessed a fee for the
following calendar year equal to one-half (1/2) the per acre fee outlined in sub.
38.04(5)(c).
(e)Effect of Inaction Following Report of Completed Reclamation. If no written response
as required by sub. 38.04(7)(c) for an area of the mine site reported as reclaimed
or interim reclaimed is given within 60 days of receiving such request, any annual
fee paid to the City for it under s. 38.04(5) shall be refunded.
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(6) Regulatory Reporting and Documentation.
(a) Reporting. The City shall send an annual report to the Wisconsin Department of
Natural Resources including the information required by Section NR 135.37, Wis.
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(b) Documentation. The City of Muskego shall, to the best of its ability, maintain the
information set forth in Section NR 135.47(3), Wis. Adm. Code, and make it
available to the Wisconsin Department of Natural Resources for that agency’s
audit of the City of Muskego’s reclamation program pursuant to Section NR
135.47, Wis. Adm. Code.
(7) Completed Reclamation - Reporting, Certification and Effect
(a) Reporting. The operator of a Nonmetallic mining site may certify completion of
reclamation for a portion or the entire Nonmetallic mining site pursuant to a
reclamation plan prepared and approved pursuant to this chapter and Chapter
NR 135, Wis. Adm. Code. Reports should be filed with the City Planning
Department’s office at the Muskego City Hall, W182 S8200 Racine Ave.,
Muskego, WI
(b) Reporting of Interim Reclamation. The operator of a Nonmetallic mining site may
report completion of interim reclamation as specified in the reclamation plan for
the site prepared and approved pursuant to this chapter and Chapter NR 135,
Wis. Adm. Code. Reporting of interim reclamation shall be done according to the
procedures in sub. 38.04(7)(a).
(c) Certification of Completed Reclamation. The City of Muskego shall inspect a
Nonmetallic mining site for which reporting of reclamation or interim reclamation
has been submitted pursuant to this subsection within 60 days of receipt, and
make a determination in writing in accordance with Section NR 135.40(7)(c), Wis.
Adm. Code. If it is determined that interim or final reclamation is complete,
including re-vegetation as specified in a plan that conforms with s. 38.03(2), the
City of Muskego shall issue the mine operator a written certificate of completion.
(d) Effect of Completed Reclamation. If reclamation is certified by the City of
Muskego as complete under sub. 38.04(7)(c) for part or all of a Nonmetallic
mining site, then:
1. No fee shall be assessed under s. 38.04(5) for the area so certified.
2. The financial assurance required by s. 38.03(3) shall be released.
(e) Effect of Inaction Following Report of Completed Reclamation. If no written
response as required by sub. 38.04(7)(c) for an area of the mine site reported as
reclaimed or interim reclaimed is given within 60 days of receiving such request,
any annual fee paid to the City for it under s. 38.04(5) shall be refunded.
(8) Permit Termination.
When all final reclamation required by a reclamation plan conforming to s. 38.03(2) and
required by this chapter is certified as complete pursuant to sub. 38.04(67)(c), the City of
Muskego shall issue a written statement to the operator of the Nonmetallic mining site,
thereby terminating the reclamation permit.
38.05 ENFORCEMENT
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(1) Right of Entry and Inspection. For the purpose of ascertaining compliance with the
provisions of Subchapter I of Chapter 295, Wisconsin Statutes, Chapter NR 135, Wis.
Adm. Code, or this chapter, any authorized officer, agent, employee or representative of
the City of Muskego may inspect any Nonmetallic mining site subject to this chapter as
provided in Section 295.17(1), Wisconsin Statutes and Section NR 135.42, Wis. Adm.
Code.
(2) Orders and Citations.
(a) Enforcement Orders. The City of Muskego may issue orders as set forth in
Section 295.19(1)(a), Wisconsin Statutes to enforce Subchapter I of Chapter
295, Wisconsin Statutes, Chapter NR 135, Wis. Adm. Code, this chapter, a
permit issued pursuant to this chapter or a reclamation plan required by s.
38.03(2) and a permit issued under this chapter. A violation of this chapter, an
order or permit issued pursuant to this chapter or a reclamation plan required by
s. 38.03(2) and a permit issued under this chapter shall be considered a violation
of Subchapter I of Chapter 295, Wisconsin Statutes and Chapter NR 135, Wis.
Adm. Code.
(b) Special Orders. The City of Muskego may issue a special order as set forth in
Sections 295.19(1)(b) and (c), Wisconsin Statutes suspending or revoking a
Nonmetallic mining reclamation permit pursuant to s. 38.04(2), or directing an
operator to immediately cease an activity regulated under Subchapter I of
Chapter 295, Wisconsin Statutes, Chapter NR 135, Wis. Adm. Code or this
chapter until the necessary plan approval is obtained.
(c) Review of Orders. An order issued under sub. 38.05(2)(a) or sub. 38.05(2)(b)
may be reviewed as provided in Section NR 135.43(2), Wis. Adm. Code.
(d) Citations. The City of Muskego may issue a citation under s. 66.119, Stats., and
§25.04, City of Muskego Code, and to collect forfeitures or require any action
needed to enforce Subchapter I of Chapter 295, Wisconsin Statutes, Chapter NR
135, Wis. Adm. Code, this chapter, a permit issued pursuant to this chapter or a
reclamation plan required by s. 38.03(2) and a permit issued under this chapter.
The issuance of a citation under this subsection shall not preclude proceeding
under any other ordinance or law relating to the same or any other matter.
Proceeding under any other ordinance or law relating to the same or any other
matter shall not preclude the issuance of a citation under this subsection.
(e) Enforcement. The City of Muskego may submit any order issued under s.
38.05(2) to the District Attorney, the corporation counsel, the municipal attorney
or the attorney general for enforcement as provided in Section 295.19(1)(d),
Wisconsin Statutes.
(3) Penalties. Any violation of Subchapter I of Chapter 295, Wisconsin Statutes, Chapter
NR 135, Wis. Adm. Code, this chapter, a permit issued pursuant to this chapter or a
reclamation plan required by s. 38.03(2) and a permit issued under this chapter may
result in forfeitures as provided in Section 295.19(3), Wisconsin Statutes and §25.04,
City of Muskego Code.
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SECTION 2: The several sections of this ordinance are declared to be severable. If
any section or portion thereof shall be declared by a decision of a court of competent
jurisdiction to be invalid, unlawful, or unenforceable, such decision shall apply only to
the specific section or portion thereof directly specified in the decision, and not affect the
validity of all other provisions, sections, or portion thereof of the Ordinance which shall
remain in full force and effect. Any other ordinances whose terms are in conflict with the
provisions of this ordinance are hereby repealed as to those terms that conflict.
SECTION 3: This ordinance shall be in full force and effect from and after its passage
and publication.
PASSED AND APPROVED THIS DAY OF , 2007.
CITY OF MUSKEGO
_______________________________
John R. Johnson, Mayor
ATTEST: First reading: 06/12/07
_________________________
Clerk-Treasurer Cover Ordinance Published this
day of July, 2007
6/07jmb
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