City of Madison - File #: 07136

• File #: 07136
• Version: 1
• Name: nonmetallic mining reclamation
• Type: Ordinance
• Status: Passed
• File created: 7/30/2007
• In control: Engineering Division
• On agenda: 10/2/2007
• Final action: 10/2/2007
• Enactment date: 10/18/2007
• Enactment #: ORD-07-00136
• Title: Amending Sections 21.07, 21.11 through 21.19, 21.24, 21.28, 21.30, 21.33 and 21.34 of the Madison General Ordinances modifying portions of the Nonmetallic Mining Reclamation Ordinance to conform with changes in the Wisconsin Administrative Code.
• Sponsors: Common Council By Request

Date	Ver.	Action By	Action	Result
10/2/2007	1	COMMON COUNCIL	Adopt	Pass
9/26/2007	1	Engineering Division	RECOMMEND TO COUNCIL TO ADOPT - REPORT OF OFFICER
8/29/2007	1	Finance Dept/Approval Group	Approved Fiscal Note By The Comptroller's Office (AFTER CC INTRO)
8/7/2007	1	COMMON COUNCIL	Refer
8/7/2007	1	Engineering Division	Fiscal Note Required / Approval
8/1/2007	1	Finance Dept/Approval Group	Fiscal Note Pending
8/1/2007	1	Attorney's Office	Referred for Introduction
7/30/2007	1	Attorney's Office/Approval Group	Approved As To Form
7/30/2007	1	Attorney's Office	Fiscal Note Required / Approval

Fiscal Note
It is anticipated that fee revenues will cover any related costs. No appropriation is required.
Title
Amending Sections 21.07, 21.11 through 21.19, 21.24, 21.28, 21.30, 21.33 and 21.34 of the Madison General Ordinances modifying portions of the Nonmetallic Mining Reclamation Ordinance to conform with changes in the Wisconsin Administrative Code.
Body
DRAFTER'S ANALYSIS: Recent changes to Chapter NR 135, Wisconsin Administrative Code require amendment of Chapter 21, M.G.O. as a municipality's non-metallic mining ordinance must not be more or less restrictive than Chapter NR 135, Wisconsin Administrative Code.

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The Common Council of the City of Madison do hereby ordain as follows:

1. Section 21.07 entitled "Applicability" of the Madison General Ordinances is amended to read as follows:

"21.07 APPLICABILITY. The requirements of this chapter apply to all nonmetallic mining sites as follows:
(1) This chapter applies to all operators of nonmetallic mining sites within the City of Madison operating on or commencing to operate after August 1st, 2001 and as provided in Sections NR 135.02(1) and (2), Wisconsin Administrative Code, except where exempted in Section NR 135.02(3), Wisconsin Administrative Code."

2. Section 21.11 entitled "Permit Application" of the Madison General Ordinances is amended to read as follows:

"21.11 PERMIT APPLICATION REQUIRED. No person may engage in nonmetallic mining or in nonmetallic mining reclamation without possessing a nonmetallic mining reclamation permit pursuant to Sec. 21.11, unless specifically exempted in Section NR 135.02(1), 135.02(3) or 135.03(16)(b), Wisconsin Administrative Code. The operator of all nonmetallic mining sites that operate on or after August 1st, 2001 shall apply for a reclamation permit from the City Engineer. All reclamation permit applications under this section shall be accompanied b...