THE TOWN OF SPRINGFIELD, JACKSON COUNTY, WISCONSIN
RESOLUTION 2015 – 002 TO CREATE
CHAPTER 7, SPRINGFIELD CODE OF ORDINANCE
TO BE TITLED: NONMETALLIC MINE OPERATOR’S LICENSE
TABLE OF CONTENTS
Section 7.01, Findings, Purpose and Authority 1
Section 7.02, Applicability and Scope 2
Section 7.03, Definitions 3
Section 7.04, License Required 4
Section 7.05, Procedures for Applying for a License to Mine 5
Section 7.06, License Application 7
Section 7.07, Annual Report and License Renewal 8
Section 7.08, Inspection & Enforcement Procedures and Penalties 9
Section 7.09, Agreement Modifications and Additions 10
Section 7.10, Severability, Interpretation, and Abrogation 11
Section 7.11, Effective Date 11
Section 7.01. Findings, Purpose and Authority
(a) The Town of Springfield finds that nonmetallic mining operations, while a component of our state and local economy, can have both direct and indirect adverse impacts. Nonmetallic mining operations can have adverse impacts on groundwater and surface water. Nonmetallic mining sites can have negative impacts on the landscape and aesthetics if not properly screened, and can present safety concerns to members of the public if not properly secured. Truck traffic from such operations can also generate off-site impacts including safety concerns to children and other residents. While certain aspects of mining operations are subject to state or federal regulation, there is no comprehensive state or federal regulation of nonmetallic mining operations. Some aspects of nonmetallic mining operations are left unregulated with potential adverse impacts to the public health, safety and welfare of the residents of the Town.
The purpose of this Chapter is to provide minimum standards for all nonmetallic mining operations in the Town, and to require licenses for nonmetallic mining operators so that the Town can vigorously enforce those standards, in order to protect the public health and safety; to preserve the scenic beauty of the Town’s landscapes and environment; to protect the public from damage to both the quantity and quality of aquifer, ground and surface waters; to minimize or prevent adverse impacts from on-site and off-site operations; to preserve and protect the value of property within the Town; and to promote the general welfare of the people and communities within the Town of Springfield.
This Chapter is adopted by the powers granted to the Town of Springfield by the Town’s adoption of Village powers under Wis. Stat. §§ 60.10 and 61.34, its authority under § 66.0415, and other authority under the statutes. Any amendment, repeal or recreation of the statutes relating to this Chapter made after the effective date of this Chapter is incorporated into this Chapter by reference on the effective date of the amendment, repeal or recreation.
Section 7.02. Applicability and Scope
(1) This Chapter shall apply to all nonmetallic mining operations and mine sites within the Town of Springfield, except as set forth in sub. (2).
(2) This Chapter shall not apply to the following nonmetallic mining operations:
a) Excavations or grading by a person solely for domestic or farm use at that person’s residence or farm.
b) 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.
c) Grading conducted for preparing a construction site or restoring land following a flood or natural disaster.
d) Excavations for building construction purposes conducted on the building site.
e) Nonmetallic mining at nonmetallic mining sites where less than one acre of total affected acreage occurs over the life of the mine.
f) 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.
g) Nonmetallic mines in operation on and prior to the adoption of this ordinance shall not be required to register or to apply for a license under this ordinance, as long as said mine operates under the original reclamation plan approved by Jackson County and the reclamation plan is not modified in any way. If the reclamation plan is modified, the mine is considered a new operation and is subject to the licensing requirements of this ordinance.
Section 7.03. Definitions
(1) “Buffers” – “Screens” – “Setbacks” means an undisturbed area measured inward from the boundary of the mining/processing site; buffer and screen areas shall remain in their natural state and shall exclude mining activity with the exception of vegetated berms and roads.
(2) “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 industrial silica, stone, rock, sand, gravel, asbestos, beryl, diamond, clay, coal, feldspar, peat and talc.
(3) “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 processing operations that may involve the use of equipment for the crushing, screening, washing, separation, or blending of the mineral aggregates or nonmetallic minerals obtained by extraction from the mining site or with materials 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 the extracted nonmetallic materials, finished products or waste materials, including water, slurry, or any other combination of water and dissolved or intact solids, to or from the extraction site.
f) Reclamation of any site related to or used in the mining, processing, washing, or transportation, of any nonmetallic mineral.
g) Disposal of waste materials.
(4) “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.
(5) “Mine Site” or “Site” means land from which mineral aggregates or nonmetallic minerals will be extracted for sale or use by the operator, including all land on which is or will be located any structures, equipment, storage facilities, stockpiles, washing or screening facilities, dry-processing facilities, facilities for the loading and unloading of sand to and from trucks, private roads or haulage ways, including railroad siding areas under control of the Operator, associated with nonmetallic mining operation; and all contiguous lands to the nonmetallic mining operation under common ownership or control of the owner or operator.
(6) “Landowner” means the person who has title to land in fee simple or who holds a land contract for the land.
(7) “Land Use Agreement” means an agreement authorizing certain mining operations in accordance with this Chapter; for purposes of this Chapter the phrase “Developer’s Agreement” shall be interrupted to hold the same meaning.
(8) “Neighboring landowner” means any property within 1 mile of the proposed mine site regardless of whether there is a residence or structure on the property.
(9) “Town” means the Town of Springfield, or the Town Board, as the context requires.
10) “Town Board”, means the Town Board of the Town of Springfield.
11) “Operator” means any person or duly constituted legal entity who is licensed by the Town to engage in nonmetallic mining, whether individually, jointly or through subsidiaries, agents, employees, contractors, or subcontractors.
12) “Operator’s license” or “license” means the license required of mining operators in this Chapter to undertake nonmetallic mining in the Town of Springfield.
Section 7.04. License Required
(1) License Requirement. No person shall operate a nonmetallic mine within the scope of this Chapter in the Town of Springfield without first obtaining an operator’s license from the Town Board.
(2) License Term. (a) Except for the first year of operation under this Chapter, an operator’s license shall be granted for a period of five (5) years commencing on the anniversary of the date of the issuance of the operator’s license. (b) The operator’s license will automatically renew for five (5) year increments unless revoked or suspended by the Town Board under Section7.07 (2) herein.
(3) License Amendment. If the Town 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.
(4) License Transfer. No operator’s license may be transferred to a new operator without the express written permission of the Town Board, in advance of any such transfer, and any such unauthorized transfer or assumption of the privileges granted thereunder is void, and shall be cause to revoke the operator’s license. The Town Board, in its sole discretion, may authorize the transfer of an operator’s license to a new operator, provided that the new operator provides all such financial assurances and other information as may be required by the town, county, or state, and provided that the operational plan submitted at the time of granting the license being transferred remains unchanged. Any proposed transfer which seeks to modify the operational plan upon which the license was granted must be initiated as a new nonmetallic mining license application under Section 7.05 herein.
(5) License Revocation. An operator’s license may be revoked under the procedures set forth in Section 7.07.
Section 7.05. Procedures For Applying For A License To Mine
(1) A “Notice of Intent to Make Application for an Operator’s License” shall be filed with the Town Clerk stating contact information and parcel numbers of area being considered for mining operations. This notice is solely to allow the Board to begin any necessary processes related to the application and shall be submitted on the company’s letterhead. The Application for a Mining License shall be filed with the Town Clerk within one (1) year of the date of the Notice of Intent.
(2) Application Form. The Application Form for Operator’s License in the Town of Springfield shall be available from the Town Clerk.
(3) Application Submittal. The applicant shall submit five (5) copies of the Application Form and all required documentation required under Section 7.06 to the Town Clerk accompanied by the payment of both the application fee and the base administrative fee. The fees shall be made payable to “Treasurer, Town of Springfield.” The Application Form shall be signed by each principal of the group or entity seeking to become a mine operator and by the landowner, provided the landowner is a person other than the applicant. The applicant shall have one (1) year from the date of the application to complete the negotiations and receive approval by the Board of items listed in 7.06 Sections (2), (3), (4), and (5).
(4) Initial Review by the Town Board.
a) Preliminary Review. The Town Clerk shall forward the application to the Town Board for initial review within 45 days from the date of submittal to determine whether additional information or expertise is necessary to properly evaluate the application. If no additional information or expertise is deemed necessary, the Town Board shall accept the filing of the application and schedule negotiations for items listed under 7.06 Sections (2), (3), (4), and (5).
b) Additional Information. The Town Board may request the applicant to submit additional information if the Town Board, in its sole discretion, determines that the application is incomplete. The Town Board may also retain the services of an engineering firm or other qualified person with appropriate expertise to review the application and report to the Town Board as to whether additional information is required for review of the application and to determine whether the application meets the standards of this Chapter. The applicant shall be notified of the Board’s intent of an expert review. All information included under this paragraph, whether additional information from the applicant, or information received from an expert retained by the Board, shall be submitted to the Board within 45 days of the date that the applicant was notified that such information was being sought by the Board.
c) Additional fees. If the Town Board determines that additional expertise is required, the Town Board shall retain the services of an engineering firm or other qualified person with appropriate expertise to advise the Town and shall give written notice to the applicant of the estimated additional administrative fee to be charged beyond the base administrative fee to cover the cost(s) of the services of any such retained expert(s). The estimated additional fees shall be paid before the additional review is undertaken. If the amount of the final administrative fee exceeds the estimated fee, the applicant shall pay the amount before review is undertaken; if the final administrative fee is less than the estimated amount, the overpayment shall be refunded to the applicant.
d) Once the applicant has submitted any additional information and has paid the additional administrative fees in the amount charged, the expert(s) shall report to the Town Board on whether the application meets the requirements of this Chapter, and may offer advice as to any aspect of the proposed mining operation which is supported by their respective expertise.
(4) Decision by the Town Board.
(a) Notice and Hearing. Once the application is deemed complete and all reports by any retained expert(s) have been submitted to the Town, the Town Clerk shall place the application on the agenda for the next regular meeting of the Town Board. If a special meeting is warranted, the applicant shall pay, in advance of any such meeting, the additional fees incurred for the special meeting. The Town Board shall set a date for a public hearing and give public notice at least fifteen (15) days prior to the date scheduled for the hearing, with the notice mailed to all adjoining landowners and all landowners within 2 miles of the proposed mine site boundaries, at the applicant’s expense. At the public hearing, the Town Board shall take public comment on the proposed mine license.
(b) Town Board Decision. Following the public hearing, the Town Board may take immediate action or set a date for the meeting at which time they shall make a final decision on the application for an operator’s license. If a special meeting is warranted, the applicant shall pay the additional fees incurred for the special meeting. The Town Board shall review all retained experts’ reports as well as public comments made at the public hearing or submitted in writing prior to the hearing. The Town Board may grant the license if it determines that the every facet of operation of the mine will meet or exceed the minimum standards and the purposes of this Chapter. If the Town Board finds that any aspect of the operation will not meet the minimum standards set forth herein, or will in any other way adversely affect the well-being of the property owners and residents of the town, the Town Board shall deny the license, stating its reasons for the record in writing. If the Town Board denies the license, the applicant may request a hearing under the provisions of Section 7.08
Section 7.06. License Application
All applicants for a mining license shall submit the following information:
(1) Ownership Information.
a) The name, address, phone number(s), and e-mail addresses of every officer of any entity having any legal interest in the proposed nonmetallic mining operation.
b) The name, address, phone number(s), and e-mail address of all owners or lessors of the land on which the mining operation will occur.
c) If the operation is subject to a lease, an un-redacted 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.
(2) A Reclamation Plan approved by the Jackson County Land Conservation Office.
(3) A Land Use Agreement Negotiated and Approved by the Springfield Town Board that shall address the following:
a) Property Value Assurance for all property of Neighboring Landowners that is contiguous with the mine site.
b) Groundwater / Surface Water / Private Well Assurance for Neighboring Landowners with wells or agricultural watering areas, either man-made or natural, including pre-mining testing to establish baseline quality/quantities and annual testing for determining changes. Tests shall include analysis for all chemicals and fuels used at the site and documentation to allow for determining changes to the aesthetic quality of the water and determining any damages to wells, appurtenances or structures. Establishment of the baseline and future changes shall be evaluated using parameters established by the Wisconsin Department of Natural Resources, EPA and State Advisory Limits.
c) Blasting Assurance requiring 24 hour pre-blasting notification for operations, and inspection and documentation of structural condition of buildings meant for human habitation of Neighboring Landowners. The Town of Springfield has a blasting ordinance that shall be become part of this Assurance section.
d) Hours of Extraction not to exceed 16 hours per day beginning at 6:00 AM Monday through Friday; and Hours of Processing to begin Mondays at 6:00 AM and ending Saturdays at 10:00 PM.
e) Control of Light and Noise.
f) Buffers, Screens and Setbacks shall be a minimum of 200 feet wide except no mining operations shall take place within 1,000 feet of a building meant for human habitation. These areas shall remain in natural vegetation with a recommendation to plant rapidly growing trees to act as a wind break / visual barrier for adjacent landowners.
(4) A Road Maintenance Agreement Negotiated and Approved by the Springfield Town Board. The Town reserves the right to re-open negotiations in the event that there are changes related to the hauling of product, equipment, or other road maintenance issues.
(5) A Financial Assurance Agreement Negotiated and Approved by the Springfield Town Board to cover anticipated costs related to this License.
Section 7.07. Annual Report and License Suspension or Revocation
(1) Annual Report. The Operator shall meet with the Town Board on an annual basis to review the NR135 report as filed by the Operator. This meeting shall be held at a regular Town Board meeting that is open to the public. Public discussion of the report shall be allowed under the guidelines set by the Town Chair at the beginning of the presentation.
(2) License Suspension or Revocation. After giving written notice containing the facts giving rise to an alleged violation, the Town may suspend the operator’s license until such time as a Town Board hearing can be held to examine the situation and determine a response in keeping with the Town Board’s obligation to protect the health, safety and welfare of the Town. After written notice and a hearing, the Town Board may revoke an operators’ license if it finds that such action is warranted by the nature of the violations established by the evidence. An operator’s license may also be revoked and the reclamation plan pursued if the Town finds that mining operations have been abandoned. (a) An operation may be considered “abandoned” if no significant mining operation has occurred for more than 60 consecutive work days in a license year, unless a seasonal shut-down was included in the proposed schedule of operations. (b) Prior to a finding of abandonment, the Town board must provide notice to the operator of the pending revocation of the operator’s license and offer the operator the opportunity to request a hearing on the matter before the Town. The operator shall have this opportunity only if, within 30 days of the Town Clerk’s mailing of the registered notice of intent to revoke, the operator provides a written request for the hearing and includes 1) an explanation for the cessation of the mining operation; and 2) a plan and a date for resumption of the operation during the current license year. If the Town receives no such request within the 30 day period, the Town shall notify the operator that the operator’s license has been revoked. (c) Upon receipt of a request for a hearing with the requisite documents, a hearing shall be scheduled. After the hearing, the procedures stated in Sec. 7.08 shall apply. (d) Any resumption of the operation after a finding of abandonment is a violation of this Chapter and shall subject the operator to the penalties as provided in this Chapter. (e) The Town shall inform the County Land Conservation Department of a finding of abandonment and request that the County order reclamation to begin forthwith. (6) Penalties. (a) Any person or entity found to be liable for a violation shall pay a forfeiture of not less than $100.00 per violation nor more than $5,000.00 per violation and/or be subject to injunctive relief. Each day a violation exists is a separate violation. (b) Any person or entity found to be liable for a violation of this Chapter shall pay court costs and the Town’s reasonable attorney’s fees, if awarded by the Court. The remedies provided herein shall not be exclusive of other remedies available at law. (7) A failure or intentional forbearance by the Town to take action on any past violation(s) shall not constitute a waiver of the Town’s right to take action on any present violation(s).
Section 7.08. Inspection & Enforcement Procedures and Penalties
(1) Inspection. In addition to an annual report pursuant to Section 7.07(1), the Town Board, or other authorized representatives of the Town, may make inspections to determine the condition of nonmetallic mining sites in the Town of Springfield, in order to safeguard the health and safety of the public and determine compliance with the minimum standards under this Chapter upon showing a state-issued drivers license / identification card and upon one hour’s notice if the mine is in operation, or upon 3 business days notice if operations are suspended either by order of the Town, or by decision of the operator.
(2) Violations. The following are violations under this Chapter which may constitute grounds for revocation of the operator’s license, amendment of the condition of any such license, or denial of renewal of any license under this chapter. This list is intended to be illustrative and not exhaustive. (a) Engaging in nonmetallic mining or any mining-related operations under this Chapter without a current operator’s license granted by the Town Board. (b) Failure to comply with the minimum standards and other terms of this Chapter or of any Mining Agreement entered into under this Chapter. (c) Making an incorrect or false statement in the information and documentation submitted during the licensing process or during inspection of the operation by the Town or its duly appointed representative. (d) Failure to submit a timely filing of the annual operational report under Section 7.07. (e) Failure to take appropriate action in response to a notice of violation, citation, request for additional financial assurance under the Section 7.06 or any other order issued by the Town. (f) Failure or refusal to provide access by the Town or its authorized agents to any records of inspections, sampling, trucking schedules, incident reports, or any other documentary evidence pertaining to the operation of the mining operation as required under this ordinance. (g) Failure to maintain continuous comprehensive liability insurance coverage for all aspects of the mining operation within the Town, in an amount acceptable to the Town. (h) Failure to pay in full or in accordance with a payment schedule, all taxes, fees, royalties or amounts owed to the Town, Jackson County, State of Wisconsin or any other governmental entity when due. (i) Failure to maintain compliance with any and all permits or licenses issued to the operator by any other governmental body or other type of approval, license or permit required to operate a mine site. (j) Failure to maintain compliance with the reclamation plan, including any bond premium schedule, submitted as part of the operator’s license application or renewal. (k) Insolvency or filing of bankruptcy of the operator for protection from creditors under the provisions of the United States Bankruptcy Code.
(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 Town Board, provided such person shall file with the Town 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 upon the party requesting the hearing, or within 30 days of the denial of an application for renewal. Upon receipt of the petition, the Town Clerk shall set a time and place for a hearing before the Town Board and shall post publicly and give the petitioner written notice thereof. (b) After the hearing, the Town Board by a majority vote, shall sustain, modify or withdraw the notice 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 ten days in writing of such findings. (c) The proceedings of the hearing, including the findings and decision of the Town Board and the reasons therefore shall be summarized in writing and entered as a matter of public record in the office of the Town Clerk. Such record shall also include a copy of every notice and order issued in connection with the case.
(4) Remedies. The Town Board may take any appropriate action or proceeding against any person 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 and specifies the date by which remediation must be completed. (c) Issue a citation in accordance with the Town of Springfield citation ordinance if enacted and in force at the time of the alleged violation. (d) Refer the matter to legal counsel for consideration and commencement of legal action including the assessment of penalties and injunctive relief. (e) Suspend or revoke the operator’s license under Section 7.07(2).
Section 7.09. Agreement Modifications or Additions
All provisions of this Chapter, including without limitation the license term, renewal, application process, and minimum standards, as well as any additional terms, may be modified by agreement between the Town and the Operator if the Town Board determines that the agreement provides for the protection of the public at least equal to those protections found under this Chapter.
Section 7.7. Severability, Interpretation And Abrogation
(a) Should any section, clause, provision or portion of this Chapter be adjudged unconstitutional or 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 Town of Springfield and shall not be construed to be a limitation or a repeal of any other power now possessed or granted to the Town of Springfield.
(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.
Section 7.11. Effective Date
Following passage by the Town Board, this Chapter shall take effect the day after the date of publication or posting as provided by Wis. Stat. § 60.80.
Adopted by Town Board, Town of Springfield
This 16th day of June 2015
John Curran, Town Chair
Norman Olson, Supervisor
Leif Olson, Supervisor
Susan Waldera, Town Clerk