Section 340.02. Definitions.

  In this chapter and in ss. 30.19 , 30.195 and 30.20 , Stats.:

(1)  "Abandonment of operations"means the cessation of nonmetallic mining operations for more than 180 consecutive days where the cessation is not specifically set forth in an operator's application and permit, or by other written request. Abandonment of operations does not include the cessation of activities due to labor strikes or natural disasters.

(3)  "Buffer zone" means an undisturbed strip of land which may require additional planting of trees or shrubs to screen the operations from view or act as a sediment trap along waterways, property lines, and roads or highways.

(4)  "Channel aggradation" means the accumulation of material in a stream channel caused by upland erosion, channel scour or changes in channel geometry resulting in the loss of aquatic habitat.

(5)  "Channel degradation" means the loss of material from a streambed and banks caused by bank erosion or channel scour that results in lowering of the streambed and/or widening the channel.

(6)  "Department" means the department of natural resources.

(7)  "Environmental pollution" has the meaning specified in s. 299.01 (4) , Stats.

(9)  "Nonmetallic mining", "nonmetallic mining operation" or"operation" means excavation, grading or dredging operations or activities in navigable waterways and adjacent upland, to extract merchantable minerals such as stone, sand, gravel or rock and nonmetallic minerals such as asbestos, beryl, clay, feldspar, peat, talc and topsoil for sale or use by the operator because of their intrinsic values. Related on-site processes and activities such as stockpiling of materials, crushing, screening, scalping, dewatering and blending are also included.

(10)  "Nonmetallic mining refuse" or "refuse" means all waste soil, rock, mineral, liquid, vegetation and other material resulting from an operation. Refuse does not include merchantable by-products directly resulting from or displaced by the operation.

(11)  "Nonmetallic mining site" or "site" means the area disturbed by an operation, including the surface area from which materials have been or will be removed, the surface area covered by or to be covered by refuse and mineral stockpiles, and land disturbed or to be disturbed by the construction or improvement of haulageways.

(12)  "Operation schedule" means a timetable for the commencement, duration and cessation of operations. The timetable shall apply to each sequential stage of staged operations.

(13)  "Operator" means any person engaged in, or who has applied for a permit to engage in, nonmetallic mining operations, whether individually, jointly or through subsidiaries, agents, employees, contractors or subcontractors.

(14)  "Permit" means any permit which may be required under s. 30.19 , 30.195 or 30.20 , Stats., of an operator as a condition precedent to commencing nonmetallic mining operations at a nonmetallic mining site.

(15)  "Progressive reclamation" means sequential reclamation activities for each stage of the operation schedule.

(16)  "Reasonable alternatives" means the use of a substitute upland site having similar material or, where substitute sites are unavailable, modifying the operation plan or reclamation plan to minimize impacts to or stabilize the streambed and banks where the objectives of the operator can still be substantially met.

(17)  "Reclamation" means the rehabilitation of the nonmetallic mining site including, but not limited to, establishment of adequate vegetative cover, stabilization of soil conditions, prevention of environmental pollution and restoration of fish, plant and wildlife habitat.

History: Cr. Register, August, 1991, No. 428 , eff. 9-1-91; correction in (7) made under s. 13.93 (2m) (b) 7., Stats., September, 2000, No. 537; emerg. r. (18) and (20), eff. 4-19-04; emerg. r. (2), (8) and (19), eff. 5-19-04; CR 04-085 : r. (2), (8) and (19) Register April 2005 No. 592 , eff. 5-1-05; CR 04-086 : r. (18) and (20) Register April 2005 No. 592 , eff. 5-1-05.