(1) Overall Applicability. The requirements of this chapter apply to all operators of non-metallic mining sites within Kenosha County, except as exempted in section 13.01-7(2) and for non-metallic mining sites located in a city, village or town within Kenosha County Department of Planning and Development, Division of County Development that has adopted an ordinance pursuant to Section 295.14, Wisconsin Statutes, and Section NR 135.32(2), Wisconsin Administrative Code. This chapter does not apply to non-metallic mining sites where non-metallic mining permanently ceased before August 1, 2001. This chapter applies to non-metallic mining conducted by or on behalf of Kenosha County or for the benefit or use of the state or any state agency, board, commission or department, except for the waiver of financial assurance in section 13.03-3(3).
(2) Exemptions. This chapter does not apply to the following activities:
(a) Non-metallic mining at a site or that portion of a site that is subject to permit and reclamation requirements of the Wisconsin Department of Natural Resources under secs. 30.19, 30.195 or 30.20, Stats., and complies with Chapter NR 340, Wisconsin Administrative Code.
(b) Excavations subject to the permit and reclamation requirements of secs. 30.30 or 30.31, Stats.
(c) Excavations or grading by a person solely for domestic or farm use at that person’s residence or farm.
(d) Excavations or grading conducted for the construction, reconstruction, maintenance or repair of a highway, railroad, airport facility, or any other transportation facility where the excavation or grading is entirely within the property boundaries of the transportation facility.
(e) Grading conducted for preparing a construction site or restoring land following a flood or natural disaster.
(f) Excavations for building construction purposes conducted on the building site.
(g) Non-metallic mining at non-metallic mining sites where less than one acre of total affected acreage occurs over the life of the mine.
(h) Any mining operation, the reclamation of which is required in a permit obtained under ch. 293, Stats.
(i) Any activities required to prepare, operate or close a solid waste disposal facility under ch. 289, Stats., or a hazardous waste disposal facility under ch. 291, Stats., that are conducted on the property where the facility is located, but an applicable non-metallic mining reclamation ordinance and the standards established in this chapter apply to activities related to solid waste or hazardous waste disposal that are conducted at a non-metallic mining site that is not on the property where the solid waste or hazardous waste disposal facility is located, such as activities to obtain non-metallic minerals to be used for lining, capping, covering or constructing berms, dikes or roads.
(j) Non-metallic mining related to a Wisconsin Department of Transportation project.
1. Non-metallic mining conducted to obtain stone, soil, sand or gravel for construction, reconstruction, maintenance or repair of a highway, railroad, airport, or any other transportation facility or part thereof, if the non-metallic mining is subject to the requirements of the Wisconsin Department of Transportation concerning the restoration of the non-metallic mining site.
2. This exemption only applies to a non-metallic mining operation with limited purpose and duration where the Wisconsin Department of Transportation actively imposes reclamation requirements and the operator reclaims the non-metallic mining site in accordance with these requirements. The duration of the exemption shall be specific to the length of the Wisconsin Department of Transportation contract for construction of a specific transportation project.
3. If a non-metallic mining site covered under sections 13.01-7(2)(j)(1) and (2) is used to concurrently supply materials for projects unrelated to the Wisconsin Department of Transportation project, the exemption in this paragraph still applies, provided that the site is fully reclaimed under Wisconsin Department of Transportation contract and supervision.
(k) Dredging for navigational purposes, to construct or maintain farm drainage ditches and for the remediation of environmental contamination and the disposal of spoils from these activities.
(l) Removal of material from the bed of Lake Michigan or any navigable natural inland lakes, streams, ponds, sloughs, and flowages by a public utility pursuant to a permit under s. 30.21, Stats. [Code § 13.01-7, 2018.]