CHAPTER 2

TOWN OF RUSHFORD

NONMETALLIC MINERALS MINING ORDINANCE

Part I.  INTRODUCTION.

2.01

Authority, Purpose and Intent.

2.05

Effective Date.

2.02

Abrogation and Greater Restrictions.

2.06

Exemptions.

2.03

Interpretation.

2.07

Applicability.

2.04

Severability.

 

 

Part II. DEFINITIONS.

2.08

Definitions.

 

 

Part III. PERMITTING.

2.09

Permits.

2.16

Reclamation Plan.

2.10

Permit Application Process.

2.17

Reclamation Standards.

2.11

Duration.

2.18

Statement of Responsibility.

2.12

Permit Extensions.

2.19

Proof of Liability Insurance Coverage

2.13

Permit Fee.

2.20

Financial Assurances.

2.14

Operating Plan.

2.21

Permit Revisions.

2.15

Operating Standards and Design Requirements

 

 

Part IV. ADMINISTRATION and ENFORCEMENT.

2.22

Annual Report Requirements.

2.25

Violations and Penalties.

2.23

Public Hearings.

2.26

Appeals.

2.24

Administration and Enforcement.

 

 


Part I. INTRODUCTION.

2.01 Authority, Purpose and Intent.

This ordinance is adopted under the authority granted by Sections 59.97 (5)(d), 60.10 (2)(c), 60.22 (3), 60.62, 61.35 and 62.23 of the Wisconsin Statutes. The purpose of this chapter is to establish a local program to ensure effective reclamation of nonmetallic mining sites in the Town of Rushford on which nonmetallic mining takes place and to adopt and implement the uniform statewide standards for nonmetallic mining reclamation required by Wis. Stat. § 295.12(1)(a) and contained in Wis. Admin. Code Ch. NR 135.

2.02 Abrogation and Greater Restrictions.

It is not intended by this Ordinance to interfere with, abrogate or annul any existing easements, covenants, or other agreements between parties, nor is it intended by this Ordinance to repeal, abrogate, annul or in any way impair or interfere with any existing provisions of law or ordinance, or rules, regulations or permit previously adopted or issued, or which shall be adopted or issued pursuant to law relating to nonmetallic mining reclamation. The provisions of this chapter 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 Wis. Stat. Ch. 295, subch. I, and Wis. Admin. Code Ch. 295.

2.03 Interpretation.

The provisions of this Ordinance shall be held to be minimum requirements adopted to promote the health, safety, morals, beauty, aesthetics and general welfare of the Town of Rushford, Winnebago County, Wisconsin, and shall be liberally construed in favor of the Ordinance.

2.04 Severability.

If any section, subsection, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of a court of competent jurisdiction, it shall not affect the remaining portions of this Ordinance. In the event that Chapter NR 135, Wisconsin Administrative Code, dealing with nonmetallic mining reclamation, as finally adopted, is more restrictive than this ordinance, then the rules under Chapter NR 135, Wisconsin Administrative Code, shall be applied and are automatically incorporated herein by reference.

 

2.05 Effective Date.

This Ordinance shall take effect immediately upon adoption and publication.

2.06 Exemptions.

This Ordinance does not apply to the following activities:

(1)           Conventional excavations, temporary stockpiling, or grading by a person solely for domestic use at his residence or place of business.

(2)           Excavation or grading conducted for highway construction purposes within the highway right-of-way, on adjacent land subject to construction easements or access agreements, or for highway safety, when plans have been approved by the Wisconsin Department of Transportation or other appropriate governmental units.

(3)           Excavation and removal of less than five hundred (500) cubic yards over a period of one (1) year from any single parcel of land recorded in the Winnebago County Register of Deeds Office.

(4)           Grading conducted for farming, preparing a construction site, or restoring land following a flood or natural disaster.

(5)           Excavation in conjunction with utility installation which is to be backfilled.

(6)           Pre-mining activities such as site surveying, coring, mapping and other functions necessary solely for proper preparation of the permit.

(7)           Any activities, conducted at a solid or hazardous waste disposal site, shall be required to prepare, operate, or close a solid waste disposal facility under Sections 144.435 to 144.445, Wis. Stats., or a hazardous waste disposal facility under Sections 144.144.60 to 144.74, Wis. Stats., with the exception of mineral extraction operations conducted for the purpose of lining, capping, or covering of said disposal sites.

(8)           Any nonmetallic mining site or portion of a site which is subject to permit and reclamation requirements of the Department of Natural Resources under Sections 30.19, 30.195, and 30.20, Wis. Stats.

(9)           Excavation for wetland preservation and/or alteration based on DNR permits.

(10)        Any other uses determined to be exempt by the Town.

2.07 Applicability.

(1)           This Ordinance is applicable to all existing and future nonmetallic mining sites located wholly or partially within the Town. When more than 50% of an overlapping nonmetallic mining site is proposed in an adjoining Town, said Town may be allowed enforcement of their nonmetallic mining ordinance within the Town of Rushford , but only if said Town has a more restrictive nonmetallic mining ordinance, otherwise, this ordinance shall apply.

(2)           It is the responsibility of the operator to obtain all applicable local, state, and federal permits and approvals.

 

Part II. DEFINITIONS.

2.08 Definitions.

For the purpose of this Ordinance, the definitions set forth in this section shall be used. Words used in the present tense include the future. The singular number includes the plural number; the plural number includes the singular. The word "shall" is mandatory and not permissive.

Enlargement. Any vertical or horizontal increase beyond dimensions of the original application for the project site.

Modification. Any vertical or horizontal decrease within the dimensions of the original application for the project site

Nonmetallic Mining or Nonmetallic Mining Operation. This definition includes the following activities:

(1)           Operations or activities for the extraction from the earth of nonmetallic minerals, including, but not limited to asbestos, beryl, ceramic or refractory materials, chemical and fertilizer minerals, clay, crushed and dimension stone, feldspar, peat, sand and gravel, and talc.

(2)           Related operations or activities, including but not limited to excavation, grading, or dredging if the purpose of those operations or activities is the extraction of nonmetallic minerals.

(3)           Related processes, including but not limited to stockpiling, screening, and blending.

Nonmetallic Mining Refuse. Waste soil, rock, mineral, liquid, vegetation and other waste material resulting from a nonmetallic mining operation. This term does not include merchantable by-products resulting directly from or displaced by the nonmetallic mining operation.

Nonmetallic Mining Site. The location where a nonmetallic mining operation is proposed or conducted, including all surface areas from which minerals are removed, related storage and processing areas, areas where nonmetallic mining refuse is deposited and areas disturbed by nonmetallic mining operation and by activities, including but not limited to the construction or improvement of roads or haulage ways.

Operator.  Any person or business entity engaged in a nonmetallic mining operation or nonmetallic mining site reclamation or an applicant for a nonmetallic mining operation permit.

Permit.  Any documents under this Ordinance which may be required of an operator as a condition to commence nonmetallic mining at the project site.

Reclamation. The rehabilitation of a nonmetallic mining site including but not limited to, removal of nonmetallic mining refuse and equipment, grading and reshaping of the site, replacement of topsoil, establishment of adequate erosion control methods, reestablishment of vegetative cover and reshaping of the site, control of surface water and groundwater, prevention of environmental pollution, and restoration of plant, fish, and wildlife habitat aesthetically compatible to the surrounding area.

Part III. PERMITTING.

2.09 Permits.

A Nonmetallic Mining Permit is required by anyone who desires to operate a nonmetallic mining operation in the Town of Rushford, including those who are operating an existing nonmetallic mine prior to the adoption of this Ordinance. The petitioner (from both an existing or proposed nonmetallic mine) shall adhere to the following permit requirements:

2.10 Permit Application Process.

All applications for a Nonmetallic Mining Permit shall be submitted to the Town on the Application for Nonmetallic Mining Permit form. The form shall be dated and signed by the applicant and shall include an operating plan, a reclamation plan, proposed financial assurances including an estimate of reclamation costs; a proof of liability insurance coverage, and the appropriate fee as described in the following sections. In addition, the application shall be accompanied by information that shall include, but is not limited to:

(1)           General information such as the name and address of the operator.

(2)           Ownership: If the property is owned by the operator making application, proof of ownership shall be submitted (i.e. copy of recorded deed).

(3)           Lease: If the land is leased, a signed copy of the lease or a letter signed by the owner(s) of record which authorizes the operator to enter the owner’s land for the purposes of nonmetallic mining.

(4)           Legal description. A legal description, in the form of a certified survey map, for tracts of land involved and affected by the proposed operation.

(5)           General Map. A general map which shall be drawn at a reasonable scale to show property boundaries of the land; topography; locations of streams and roads; location of all structures on the site; boundaries of previous excavations; location of mining site boundary stakes.

2.11 Duration.

Permits shall be issued for a maximum duration of eight years, consisting of not more than six years for the operational phase and not more than two years for the reclamation phase. Upon expiration of the operational phase permit, the operator may request a permit extension.

2.12 Permit Extensions.

Requests for a permit extension must be submitted in writing to the Town, six (6) months prior to the expiration date of the existing permit. Permit extensions may be granted for three year periods, providing the project is in compliance with the terms of the existing permit, that a new reclamation plan is submitted if the operation is enlarged beyond the area included in the original permit, and that changing conditions indicate that such extensions will not be detrimental to the public health, safety, or welfare.

2.13 Permit Fee.

The Town shall establish permit application and administration fees deemed necessary to cover reasonable costs to implement this ordinance, including but not limited to, processing of applications, annual nonmetallic mining report reviews, inspections, monitoring, enforcement, and compliance. These fees shall be paid by the operator at the time of permit application.

2.14 Operating Plan.

An operating plan, as described below, is required and shall be included with the permit application.

The operating plan shall include minimum requirements as follows:

(1)           A detailed description of the proposed nonmetallic mining operation.      

(2)           Four copies of detailed maps showing the location of the proposed operations, equipment, stockpiles, settling ponds, interim drainage, machinery, waste dumps, and parking at the site; locations of all streams, roads, railroads, sewage disposal systems, water wells, and utility facilities within 500 feet of the site; location of all proposed access roads.

(3)           Description of mining and processing methods.

(4)           Estimated total volume of materials to be extracted based on the permit application or as amended.

(5)           Timetable for progression of all operations, indicating time frames for each phase and estimated life of the operation.

(6)           Description of the type and amount of mineral commodities to be removed, the amount of mining refuse to be retained on the site and the amount of mining refuse to be disposed of, including the method and location of disposal.

(7)           Plan view drawing, elevations, and cross-sections with a description of sequential stages of mining.

(8)           Observed or estimated depth to groundwater, verified by the DNR.

(9)           While excavation is in progress, the Town will require the operator to take effective steps to control erosion of all disturbed land surface areas. This may include quick-growing plants, mulching, screening, stabilizing or other cover.

2.15 Operating Standards and Design Requirements

(1)           Location of the operation shall be appropriate to existing development and development that may be reasonably expected for the duration of the period of operations, based on the Town of Rushford Comprehensive Plan.

(2)           No operations or activities, including berm construction, shall be conducted within 200 feet of any right of way line or within 200 feet of any exterior boundary of the site where a residence is located within 500 feet of the exterior boundary of the tract.

(3)           The Town Board, after recommendation from the Planning Commission, may authorize berm construction and related site preparation as a temporary activity, for a specific time period, to within 25 feet of any exterior boundary of the tract for sites lawfully existing before the effective date of this section. Exemptions may be authorized by the Town Board, after recommendation from the Planning Commission for berms located closer than 25 feet from the exterior boundary of the tract for sites lawfully existing before the effective date of this ordinance.

(4)           The Town Board, after recommendation from the Planning Commission, may authorize continued vertical removal of materials to within 50 feet of the exterior boundary of the site for sites lawfully existing before the effective date of this section.

(5)           In no event shall any operations or activities, except berm construction and related site preparation activities, be conducted within 50 feet of any exterior boundary. In exercising their authority under this subsection, the Town Board, after recommendation from the Planning Commission, may attach reasonable conditions including but not limited to more stringent hours of operation, landscaping, and fencing.

(6)           Town Board, after recommendation from the Planning Commission, may authorize a reduction in the 200’ or 50’, setback requirement where the extraction will not go below either the grade of the adjacent road, or the adjoining property line, and where no blasting is required. In applying the provisions of this section, the Town Board may reduce the setbacks as deemed appropriate, and may apply other operational requirements necessary to offset any effect of the reduced setback.

(7)           Two adjacent extraction sites may have a zero foot setback on the common lot line, or line between sites, provided both operators agree in writing.

(8)           The Town shall require berms along the edges of said mining area of sufficient height, width, and mass to screen the site from adjacent land uses. Said berms shall be seeded with a fast growing grass to control erosion. Along the front of the berm, visible to the public, a row of evergreen type trees (4’-5’ height. B&B) shall be planted every 25 feet, to create a visual buffer from existing residential homes or planned residential neighborhoods, as identified in the Town of Rushford Comprehensive Plan .

(9)           Roads, machinery, and equipment shall be located, constructed, and used in such a manner as to minimize noise, dust, and vibration. The operator shall submit a Noise and Dust Control Plan to address any excessive noise and dust generated by the operation.

(10)        No crushing shall be allowed unless otherwise specifically allowed by Law.

(11)        No operations or activities may commence before 6:00 a.m., or continue past 6:00 p.m., Monday through Friday, and commence before 6:00 a.m. or continue past Noon on Saturday. No operations shall occur on Sundays or legal holidays. The Town may authorize specific activities outside of these time restrictions on an emergency basis.

(12)        Neighbors within ¼ mile of a non-metallic mining operation must be notified, within 24 hours, that blasting will occur.

(a)    All blasting must be done according to Wisconsin Administrative Code Chapter Comm 7 Explosive Materials.

(b)   Neighbors within 1/4 mile of the site must be notified within 24 hours that blasting will occur. A log of calls must be maintained.

(c)    2 Seismographs must be placed on the site when blasting is being done.

(d)   The Town of Rushford town board may require the blaster in charge to perform a pre blasting survey for residents or owners.

(e)    A pre blasting survey provides a baseline record of the pre-existing condition of a structure against which the effects of blasting can be assessed.

(13)        The operator must provide a designated access route for trucks arriving and leaving the Town from the proposed nonmetallic mining operation. The Town reserves the right to implement appropriate truck routes, with limited use of Town roads, and the speed limits not to exceed 45 miles per hour.

(14)        At the primary truck entrance, the operator must provide at least eight (8) off-the-road truck stacking spaces on a hard-surface for a waiting area prior to opening.

(15)        Nonmetallic mining reclamation shall be conducted in a manner which does not cause groundwater quality standards in chapter NR 140 to be exceeded at a point of standards application.

(16)        The Town of Rushford may charge an annual road maintenance user fee, based on wear and tear of town roads caused by the frequency and travel of heavy equipment over town roads to go to and from a non-metallic mining operation. Prior to implementing this user fee, the Town would need to conduct a Public Facilities Needs Assessment to determine an appropriate user fee charge.

2.16 Reclamation Plan.

(1)           Reclamation Permit. A copy of a reclamation permit, required by NR 135 shall be part of the submittal for a permit application. Once a Reclamation Plan is implemented, said plan shall be administered by the East Central Wisconsin Regional Plan Commission, Menasha , Wisconsin . 

(2)           Definitions.

Expansions of Lawfully Existing Operation(s) means progression of mineral extraction operations onto a contiguous parcel or parcels of land purchased, owned or leased after the effective date of this section.

Lawfully Existing Mineral Extraction Operation means a mineral extraction operation existing before the effective date of this section, including any contiguous parcels purchased, owned or leased by the same operator before the effective date of this section and said operation and contiguous parcels are devoid of any present County permit violations at the time of adoption of this section.

Mineral Extraction Operation means operations or activities for the extraction from the earth for sale or use by the operator of mineral aggregates. Mineral aggregates shall include, but are not limited to, rock, stone, sand and gravel and other nonmetallic minerals such as asbestos, beryl, clay, feldspar, peat and talc. Also constituting mineral extraction operations are such related operations and activities as excavation, grading or dredging, if the purpose of those operations or activities is the extraction of mineral aggregates and nonmetallic minerals, and related processes such as crushing, screening, scalping, dewatering and blending. Additionally, storage and stockpiling of materials produced on site only, shall constitute mineral extraction operation. The definition for Mineral Extraction Operation shall not apply to the following activities:

(a)   Operations affecting less than 5 acres and for the exclusive use of the property owner, provided no material is removed from the property(s).

(b)   Pre-mining activities such as site surveying, coring, mapping and other functions necessary solely for proper preparation of the permit.

(c)    Excavation in conjunction with utility installation, which is to be back-filled.

(d)   Excavation in conjunction with road construction, within the limits of the right-of-way, when construction plans have been approved by the Wisconsin Department of Transportation and/or other governmental bodies.

(e)   Excavation which by nature is of limited duration such as graves, septic tanks, ad swimming pools.

(f)    Agricultural drainage work incidental to agricultural operations and irrigation/stock watering ponds, if no material is removed from the property.

(g)   Excavation for structures, parking areas, and stripping of up to 1 1/2 feet of topsoil for the development of subdivisions, following subdivision approval.

(h)   Re-grading of property for aesthetic purposes that does not affect existing drainage, if no material is removed from the property.

(i)     Dredging operations under the jurisdiction of the U.S. Army Corps of Engineers and/or other governmental bodies.

(j)    Ponds developed for wildlife purposes in conjunction with the Soil Conservation Service or Land and Water Conservation Department.

(k)   Excavation related to sod farming.

(l)     Any mining operation, the reclamation of which is required in a permit obtained under Sections 144.80 to 144.94, Wis. Stats., pertaining to metallic mining.

(m)  Any activities conducted at a solid or hazardous waste disposal site required to prepare, operate, or close a solid waste disposal facility under ss. 144.435 to 144.445, Wis. Stats., or a hazardous waste disposal facility under ss. 144.60 to 144.74, Wis. Stats., for the exception of mineral extraction operations conducted for the purpose of lining, capping, or covering of said disposal sites.

(n)   Any other uses determined to be exempt by the Planning and Zoning Committee.

New Mineral Extraction Operation means a mineral extraction activity on one or more parcels that are separated by a public road or are not contiguous to a lawfully existing mineral extraction operation, including land purchased, owned or leased before the effective date of this ordinance without prior extraction activity.

Operator means any person who is engaged in a mineral extraction operation or who applies for or holds a mineral extraction permit issued under this section whether individually, jointly, or through subsidiaries, agents, employees, contractors, or subcontractors.

2.17 Reclamation Standards.

(1)           All operators will commence the reclamation plan within four (4) months after operations have ceased, and will be completed within two (2) years of shut down. There shall be the presumption that normal operations have ceased (from normal operation) if the permit required in this Ordinance is not renewed by the operator or approved by the Town within 30 days from the date of expiration of the previous permit. Reclamation shall be done on an annual or interim basis in stages compatible with continuing operations.

(2)           All topsoil on a nonmetallic mining site shall be saved for future application, unless it can be proven that it is not needed for reclamation. Topsoil shall be reapplied to slopes as uniformly as possible to a minimum of the original topsoil depth. Sites that lack adequate topsoil shall have the topsoil applied preferentially to the sloped areas.

(3)           Seeding shall be done in accordance with a Soil Conservation Service Critical Area Plan or the most recent edition of the “State of Wisconsin, Department of Transportation Standard Specifications for Road and Bridge Construction”, Section 630, entitled, “Seeding”, except that seeding rates listed in Section 630.3.3.4.2 shall be doubled. Alternative seeding mixtures shall be considered by the Town on a case by case basis. Evidence must be provided showing that the proposed mix will be sufficient to deter erosion on the site. Planting of woody vegetation may be accepted in combination with other stabilization techniques. Tree and shrub plantings may be required by the Town as a permit condition. If the Town requires such plantings, it must explain reasons for doing so. If the applicant wishes to use only woody vegetation on part or all of a reclamation project, a complete documented explanation of measures to be used to deter erosion shall be submitted with the reclamation plan. Tree and shrub species to be used shall be adapted to the soil and climate of the area.

(4)           Drainageways, ditch checks, and other highly erodible areas shall be sodded pursuant to the “State of Wisconsin , Department of Transportation Standard Specifications for Road and Bridge Construction, Section 631, entitled “Sodding”.

(5)           Riprap shall be installed for ditch outlets, culvert ends or bridge openings.

(6)           No site shall exceed three (3) feet horizontal to one (1) foot vertical incline. This slope shall extend vertically six (6) feet below the lowest seasonal groundwater level. This angle of repose may be modified to a flatter, but not a steeper angle, if it is shown that the material to be excavated or to be used in reclamation of the site will be unstable at 3:1 ratio.

(7)           Use of sediment basins, filter rock embankments and similar structures and methods that require ongoing maintenance shall not be accepted for long-term reclamation. The final reclamation shall leave the site in a maintenance-free and stable condition.

(8)           No solid or hazardous waste shall be stored, buried, or deposited in or on any nonmetallic mining site.

(9)           The operator shall comply with progressive and final reclamation plans for the site.

(10)        A nonmetallic mining site shall be reclaimed in a manner that does not cause a permanent lowering of the water table that result in adverse effects on surface waters or a significant reduction in the quantity of groundwater reasonably available for future users of groundwater.

2.18 Statement of Responsibility.

The operator shall sign a statement accepting responsibility for reclaiming the mined lands in accordance with the reclamation plan. Upon sale or transfer of the operation, the new operator shall submit a signed statement of responsibility for reclamation of the project.

2.19 Proof of Liability Insurance Coverage

(1)           The operator shall submit proof of liability insurance coverage of $1,000,000 with the permit application.

(2)           The operator shall submit proof of Liability coverage of $1,000,000 with the permit application with the Town of Rushford named on the policy.

2.20 Financial Assurances.

(1)           Performance.  Following approval of the permit, and as a condition of the permit, East Central Wisconsin Regional Plan Commission shall require a bond to be filed or alternate financial assurance to be deposited with the Commission equal to the estimated cost of fulfilling reclamation. Upon notification by the Commission of bonding or deposit approval and conformance with permit conditions, the operator may commence nonmetallic mining and reclamation operations.

(2)           Cost Estimates. The amount of the financial assurance shall be based upon the estimated costs of reclamation stipulated in the approved Reclamation Plan.

In projecting the costs of financial assurance, it shall be assumed without prejudice or insinuation that the surface mining operation could be abandoned by the operator and consequently, the Commission may need to contract with a third party commercial company for reclamation of the site.

(3)           Reclamation Plan Compliance. Financial assurances will be required to ensure compliance with the approved Reclamation Plan, including but not limited to, revegetation and landscaping requirements, restoration of aquatic or wildlife habitat, restoration of water bodies and both surface water and groundwater quality, slope stability, erosion and drainage control, disposal of hazardous material, and other measures deemed necessary by the Commission and included in the approved Reclamation Plan.

(4)           Duration. The financial assurances shall remain in effect for the duration of the mining operation and any additional period until reclamation is completed.

(5)       Release. The Commission shall release the operator’s bond or retained deposit if it finds, after inspection of the project site, that the operator has fully completed reclamation of the site in accordance with the operating and reclamation plans, and has otherwise complied with this Ordinance. Bonds or deposits for any site abandoned at the time a permit expires shall not be released.

2.21 Permit Revisions.

(1)           Project Site Modification or Adjustments

An operator may apply in writing for a modification or cancellation of a permit, or for a change in the reclamation plan for a project site.

(2)           Transfer of Permit

When one operator succeeds to the interest of another in an uncompleted site, the Town shall release the first operator of the responsibilities imposed by the permit only if:

(a)    Both operators are in compliance with the requirements and standards of this Ordinance.

(b)   The new operator assumes the responsibility of the former operator to complete the reclamation of the entire project site by a written, witnessed document.

(c)    A new conditional use permit was obtained by the new operator.

(3)           Site Enlargement

Any proposed enlargement to the Project Site may be approved by East Central Wisconsin Regional Plan Commission (ECWRPC), subject to evaluation and approval of a revised reclamation plan by ECWRPC and the Town of Rushford .

 

Part IV. ADMINISTRATION and ENFORCEMENT.

2.22 Annual Report Requirements.

Nonmetallic mining operators shall forward an annual nonmetallic mining report and aerial map to the Town of Rushford. New mining operations shall file an initial nonmetallic mining report with the Town within 30 days of permit approval, then annually thereafter. The initial report shall include a copy of the reclamation bond and any conditional uses requirements associated with the initial application.

2.23 Public Hearings.

The Town will hold at least one noticed public hearing on the permit application, including the Operating Plan and Reclamation Plan.

2.24 Administration and Enforcement.

(1)      Inspections

(a)        The Town Planning and Zoning Administrator, or designee, may enter the premises of a nonmetallic mining site in performance of their official duties or pursuant to a special inspection warrant issued under Section 66.122, Wis. Stats., in order to inspect those premises and to ascertain compliance with this Ordinance and permits or to investigate an alleged violation.

(b)       No person may refuse entry or access to an agent of the Town who request entry for purposes of inspection and who presents appropriate credentials. No person may obstruct, hamper or interfere with the inspection. The Town shall furnish to the operator any report prepared by the Town regarding the inspection.

(c)        The Town Planning and Zoning Administrator or designee shall inspect each active mining site at least once annually, based on the date of permit issuance, to ensure that the operation and site are in conformance with the operator’s nonmetallic mining permit. Inspection shall be done annually based on the date of permit issuance.

(2)      Enforcement

The Town Planning and Zoning Administrator or designee may issue a compliance order, field directive, suspension order or termination order to assure compliance with a non-metallic mining permit, any of the provisions of this Ordinance, or conditional use permit.

(3)          Waiver of Liability

(a)        In carrying out the provisions of this Ordinance, it is understood that Town Planning and Zoning Administrator or designee act as representatives of the Town and there shall be no personal liability upon them.

(b)        In performing their duties, the Town Planning and Zoning Administrator or designee shall conform to accepted safety rules governing mining sites.

2.25 Violations and Penalties.

(1)           Any person who violates the rules promulgated under §295.12(l)(a), Wis. Stats., or an order issued under §295.19(2), Wis. Stats., may be required to forfeit not less than $100.00 nor more than $1,000.00 for each violation. Each day of continued violation is a separate offense.

(2)           Any person who violates any provision of this ordinance, except for violations enumerated in par. (a), shall forfeit not less than $100.00 nor more than $5,000.00 for each violation. Each day of continued violation is a separate offense.

(3)           In addition to the penalties under (a) and (b), the court may award the town the reasonable and necessary expenses of the investigation and prosecution of the violation, including attorney fees.

(4)           In addition to the penalties and costs under (a), (b) and (c), any operator who fails to comply with any provisions of this ordinance shall be subject to the suspension or revocation of the permit to operate as follows:

(a)   Suspension of the permit and operations until the violation is corrected.

(b)   For a first violation of this ordinance, suspension of permit and operation for 30 to 90 days.

(c)    For a second violation of this ordinance, committed within 12 months of a previous violation, suspension of permit and operations for not more than one year.

(d)   For a third violation, committed within 12 months of 2 or more previous violations, revocation of permit and operation for not more than 3 years.

(5)           Notwithstanding 11. (a), suspension or revocation of a nonmetallic mining permit for the reasons set forth in NR. 135.25, Wis. Adm. Code shall be governed by that section.

2.26 Appeals.

Any person aggrieved by an act or determination of the Town Planning and Zoning Administrator in the exercise of the authority granted herein, shall have the right to appeal to the Town Board within thirty (30) calendar days after the rendition, in writing, of the appealed decision.