13.03.060 Permit denial.
An application for a non-metallic mining reclamation permit shall be denied as set forth below:
(1) An application to issue a non-metallic mining reclamation permit shall be denied, within the time frame for permit issuance specified in section 13.03-5, if Kenosha County Department of Planning and Development finds any of the following:
(a) The applicant has, after being given an opportunity to make corrections, failed to provide to Kenosha County Department of Planning and Development an adequate permit application, reclamation plan, financial assurance or any other submittal required by Chapter NR 135, Wisconsin Administrative Code or this chapter.
(b) The proposed non-metallic mining site cannot be reclaimed in compliance with the reclamation standards contained in this chapter, Chapter NR 135, Wisconsin Administrative Code or sub. ch. I. of ch. 295, Stats.
(c) A pattern of serious violations exists.
1. The applicant, or its agent, principal or predecessor has, during the course of non-metallic mining in Wisconsin within 10 years of the permit application or modification request being considered shown a pattern of serious violations of this chapter or of federal, state or local environmental laws related to non-metallic mining reclamation.
2. The following may be considered in making this determination of a pattern of serious violations:
a. Results of judicial or administrative proceedings involving the operator or its agent, principal or predecessor.
b. Suspensions or revocations of non-metallic mining reclamation permits pursuant to this chapter, other reclamation ordinances or Chapter NR 135, Wisconsin Administrative Code.
c. Forfeitures of financial assurance.
(d) A denial under this subsection shall be in writing and shall contain documentation of reasons for denial.
(2) A decision to deny an application to issue a reclamation permit may be reviewed under section 13.03-11. [Code § 13.03-6, 2018.]