# Title 4. Environment and Natural Resources—Chapter 402

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- **Document type:** Tribal code

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Title 4. Environment and Natural Resources—Chapter 402
NON-METALLIC MINE RECLAMATION
402.1 Purpose and Policy
402.2 Adoption, Amendment, Repeal
402.3 Definitions
402.4 Administration
402.5 Applicability
402.6 Standards
402.7 Nonmetallic Mining Reclamation Permit
402.8 Reclamation Plan
402.9 Financial Assurance
402.10 Public Notice and Right of Hearing
402.11 Alternative Requirements
402.12 Permit Duration

402.13 Permit Transfer
402.14. Review
402.15. Permit Modification
402.16. Permit Suspension or Revocation
402.17. Annual Operator Reporting
402.18. Annual Fees
402.19. Regulatory Reporting and Documentation
402.20. Completed Reclamation-Reporting, Certification and
Effect
402.21. Permit Termination
402.22. Right of Entry and Inspection
402.23. Violations

402.1. Purpose and Policy
402.1-1. Purpose. The purpose of this law is to ensure the effective reclamation of nonmetallic
mining sites on which nonmetallic mining takes place within the boundaries of the reservation of
the Oneida Tribe of Indians of Wisconsin and any other lands added under any law of the United
States.
402.1-2. Policy. It is the policy of the Tribe to have procedures for reclamation of nonmetallic
mining sites within the Reservation.
402.2. Adoption, Amendment, Repeal
402.2-1. This law was adopted by the Oneida Business Committee by resolution BC-08-01-07G.
402.2-2. This law may be amended by the Oneida Business Committee or the Oneida General
Tribal Council as set forth under the laws governing Tribal administrative procedures.
402.2-3. Should a provision of this law or the application thereof to any person or circumstances
be held as invalid, such invalidity shall not affect other provisions of this law which are
considered to have legal force without the invalid portions.
402.2-4. Any law, policy, regulation, rule, resolution or motion, or portion thereof, which
directly conflicts with the provisions of this law is hereby repealed to the extent that it is
inconsistent with or is contrary to this law.
402.2-5. This law is adopted under authority of the Constitution of the Oneida Tribe of Indians
of Wisconsin.
402.3. Definitions
402.3-1. This section shall govern the definitions of words and phrases used within this law. All
words not defined herein shall be used in their ordinary and everyday sense.
(a) “Alternative requirement” means an alternative to the reclamation standards of this
law provided through a written authorization granted by the Department pursuant to
402.11.
(b) “Contemporaneous reclamation” means the sequential or progressive reclamation of
portions of the nonmetallic mining site affected by mining operations that is performed in
advance of final site reclamation, but which may or may not be final reclamation,
performed to minimize the area exposed to erosion, at any one time, by nonmetallic
mining activities.
(c) “Department” means the Oneida Zoning Department.
4 O.C. 402—Page 1

(d) “Environmental pollution” means the contaminating or rendering unclean or impure
the air, land or waters within the Reservation, or making the same injurious to public
health, harmful for commercial or recreational use, or deleterious to fish, bird, animal or
plant life.
(e) “Financial assurance” means a commitment of funds or resources by an operator to
the Department that satisfies the requirements in 402.9 and is sufficient to pay for
reclamation activities required by this law.
(f) “Landowner” means the person who has title to land in fee simple or who possesses
land held in trust or who holds a land contract for the land. A landowner is not a person
who owns nonmetallic mineral rights to land if a different person possesses title to that
land in fee simple or possesses land held in trust or holds a land contract for that land.
(g) “Nonmetallic mineral” means a product, commodity or material consisting
principally of naturally occurring, organic or inorganic, nonmetallic, nonrenewable
material. Nonmetallic minerals include, but are not limited to, stone, sand, gravel,
asbestos, beryl, diamond, clay, coal, feldspar, peat, talc and topsoil.
(h) “Nonmetallic mining” or “mining” means all of the following:
(1) Operations or activities at a nonmetallic mining site for the extraction from
the earth of mineral aggregates or nonmetallic minerals for sale or use by the
operator. Nonmetallic mining includes use of mining equipment or techniques to
remove materials from the in-place nonmetallic mineral deposit, including drilling
and blasting, as well as associated activities such as excavation, grading and
dredging. Nonmetallic mining does not include removal from the earth of
products or commodities that contain only minor or incidental amounts of
nonmetallic minerals, such as commercial sod, agricultural crops, ornamental or
garden plants, forest products, Christmas trees or plant nursery stock.
(2) Processes carried out at a nonmetallic mining site that are related to the
preparation or processing of the mineral aggregates or nonmetallic minerals
obtained from the nonmetallic mining site. These processes include, but are not
limited to stockpiling of materials, blending mineral aggregates or nonmetallic
minerals with other mineral aggregates or nonmetallic minerals, blasting, grading,
crushing, screening, scalping and dewatering.
(i) “Nonmetallic mining reclamation” or “reclamation” means the rehabilitation of a
nonmetallic mining site to achieve a land use specified in a nonmetallic mining
reclamation plan approved under this law, including removal or reuse of nonmetallic
mining refuse, grading of the nonmetallic mining site, removal, storage and replacement
of topsoil, stabilization of soil conditions, reestablishment of vegetative cover, control of
surface water and groundwater, prevention of environmental pollution and, if practicable,
the restoration of plant, fish and wildlife habitat.
(j) “Nonmetallic mining refuse” means waste soil, rock and mineral, as well as other
natural site material resulting from nonmetallic mining. Nonmetallic mining refuse does
not include marketable by-products resulting directly from or displaced by the
nonmetallic mining that are scheduled to be removed from the nonmetallic mining site
within a reasonable period of time after extraction.
(k) “Nonmetallic mining site” or “site” means all contiguous areas of present or
proposed mining on tribal lands and waters held in trust, tribal lands and waters held in
fee status, fee status lands under the control of individual Oneida members, heirship lands
4 O.C. 402—Page 2

and waters and individual and tribal trust lands and waters, within the exterior boundaries
of the Oneida Tribe of Indians of Wisconsin Reservation; and such other lands as may be
hereafter added, both within and without the exterior boundaries of the Oneida
Reservation, under any law of the United States, except as otherwise provided by law,
including:
(1) The location where nonmetallic mining is proposed or conducted.
(2) Storage and processing areas that are in or contiguous to areas excavated for
nonmetallic mining.
(3) Areas where nonmetallic mining refuse is deposited.
(4) Areas affected by activities such as the construction or improvement of
private roads or haulage ways for nonmetallic mining.
(5) Areas where grading or regrading is necessary.
(6) Areas where nonmetallic mining reclamation activities are carried out or
structures needed for nonmetallic mining reclamation, such as topsoil stockpile
areas, revegetation test plots, or channels for surface water diversion, are located.
(l) “Operator” means any person or entity who is engaged in, or who has applied for a
permit to engage in, nonmetallic mining, whether individually, jointly or through
subsidiaries, agents, employers, contractors or subcontractors.
(m) “Reservation” means all land within the exterior boundaries of the Reservation of
the Oneida Tribe of Indians of Wisconsin, as created pursuant to the 1838 Treaty with the
Oneida, 7 Stat. 566, and any lands added thereto pursuant to federal law.
(n) “Solid waste” means any garbage, refuse, sludge from a waste treatment plant, water
supply treatment plant or air pollution control facility and other discarded or salvageable
materials, including solid, liquid, semisolid or contained gaseous materials resulting from
industrial, commercial, mining and agricultural operations, and from community
activities, but does not include solids or dissolved material in domestic sewage, or solid
or dissolved materials in irrigation return flows or industrial discharges which are point
sources, or source material, special nuclear material or by-product material which is
defined as radioactive material, except special nuclear material, yielded in or made
radioactive by exposure to the radiation incident to the process of producing or utilizing
special nuclear material or the tailings or waste produced by the extraction or
concentration of uranium or thorium from any ore processed primarily for its source
material content.
(o) “Topsoil” means the surface layer of soil which is generally more fertile than the
underlying soil layers, which is the natural medium for plant growth and which can
provide the plant growth, soil stability and other attributes necessary to meet the success
standards approved in the reclamation plan.
(p) “Topsoil substitute material” means soil or other unconsolidated material either used
alone or mixed with other beneficial materials and which can provide the plant growth,
site stability and other attributes necessary to meet the success standards approved in the
reclamation plan.
(q) “Tribe” means the Oneida Tribe of Indians of Wisconsin.
(r) “Unreclaimed acre” or “unreclaimed acres” means:
(1) those unreclaimed areas where nonmetallic mining reclamation has been
completed but is not yet certified as reclaimed under 402.20-3. However the term
does not include any areas described in 402.3-1(r)(2).
4 O.C. 402—Page 3

(2) “Unreclaimed acre” or “unreclaimed acres” does not include:
(A) Those areas where reclamation has been completed and certified as
reclaimed under 402.20-3.
(B) Those portions of nonmetallic mining sites which are included in
nonmetallic mining reclamation plan approved pursuant to this law but are
not yet affected by nonmetallic mining.
(C) Areas previously mined but used for a non-mining activity, such as
stockpiling of materials used for an industrial activity such as an asphalt
plant, concrete batch plant, block and tile operation or other industry that
uses products produced from nonmetallic mining.
(D) For purposes of fees under 402.8, those areas within a nonmetallic
mining site which the Department has determined to have been
successfully reclaimed on an interim basis in accordance with 402.20-3.
402.4. Administration
402.4-1. The provisions of this law shall be administered by the Oneida Zoning Department.
402.5. Applicability
402.5-1. Overall Applicability. The provisions of this law shall extend to all tribal lands and
waters held in trust, all tribal lands and waters held in fee status, all fee status lands under the
control of individual Oneida members, all heirship lands and waters and all individual and tribal
trust lands and waters, all within the exterior boundaries of the Oneida Tribe of Indians of
Wisconsin Reservation; and to such other lands as may be hereafter added, both within and
without the exterior boundaries of the Oneida Reservation, under any law of the United States,
except as otherwise provided by law.
402.5-2. Exemptions. This law does not apply to the following activities:
(a) Excavations or grading by a person solely for domestic or farm use at that person s
residence or farm.
(b) 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.
(c) Grading conducted for preparing a construction site or restoring land following a
flood or natural disaster.
(d) Excavations for building construction purposes conducted on the building site.
(e) Nonmetallic mining at nonmetallic mining sites that affect less than one acre of total
land over the life of the mine.
(f) Any metallic mining operation.
(g) Any activities required to prepare, operate or close a solid waste disposal facility, or a
hazardous waste disposal facility, that are conducted on the property where the facility is
located, but an applicable nonmetallic mining reclamation ordinance and the standards
established in this law apply to activities related to solid waste or hazardous waste
disposal that are conducted at a nonmetallic mining site that is not on the property where
the solid waste or hazardous waste disposal facility is located, such as activities to obtain
nonmetallic minerals to be used for lining, capping, covering or constructing berms, dikes
or roads.
4 O.C. 402—Page 4

(h) 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.
402.6. Standards
402.6-1. All nonmetallic mining sites subject to this law shall be reclaimed in conformance with
the standards contained in this section.
402.6-2. General Standards.
(a) Refuse and Other Solid Wastes. Nonmetallic mining refuse and other solid wastes
shall be reused in accordance with a reclamation plan.
(b)
Area Disturbed and Contemporaneous Reclamation.
Nonmetallic mining
reclamation shall be conducted, to the extent practicable, to minimize the area disturbed
by nonmetallic mining and to provide for nonmetallic mining reclamation of portions of
the nonmetallic mining site while nonmetallic mining continues on other portions of the
nonmetallic mining site.
(c) Public Health, Safety and Welfare. All nonmetallic mining sites shall be reclaimed in
a manner so as to comply with Tribal regulations governing public health, safety and
welfare.
(d) Habitat Restoration. When the land use required by the reclamation plan approved
pursuant to this law requires plant, fish or wildlife habitat, it shall be restored, to the
extent practicable, to a condition at least as suitable as that which existed before the lands
were affected by nonmetallic mining operations.
(e) Compliance with Environmental Regulations. Reclamation of nonmetallic mining
sites shall comply with any other applicable laws including those related to
environmental protection, zoning and land use control.
402.6-3. Surface Water and Wetlands Protection. Nonmetallic mining reclamation shall be
conducted and completed in a manner that assures compliance with the Tribe s water quality
standards for surface waters and wetlands contained. Before disturbing the surface of a
nonmetallic mining site and removing topsoil, all necessary measures for diversion and drainage
of runoff from the site to prevent pollution of waters within the Reservation shall be installed in
accordance with the reclamation plans approved pursuant to this law. Diverted or channelized
runoff resulting from reclamation may not adversely affect neighboring properties.
402.6-4. Groundwater Protection.
(a) Groundwater Quantity. A nonmetallic mining site shall be reclaimed in a manner
that does not cause a permanent lowering of the water table that results in adverse effects
on surface waters or a significant reduction in the quantity of groundwater reasonably
available for future users of groundwater.
(b) Groundwater Quality. Nonmetallic mining reclamation shall be conducted in a
manner which does not cause groundwater quality standards to be exceeded.
402.6-5. Topsoil Management.
(a) Removal. Topsoil and topsoil substitute material shall be removed, protected and
redistributed to support reclamation and site stabilization. Topsoil shall be managed as
specified in the reclamation plan approved pursuant to this law in order to achieve
reclamation to the approved post-mining land use. Topsoil and topsoil substitute material
removal shall be performed, as required by the reclamation plan, prior to any mining
activity associated with any specific phase of the mining operation.
4 O.C. 402—Page 5

(b) Volume. The operator shall obtain the volume of soil required to perform final
reclamation by removal of on-site topsoil or topsoil substitute material or by obtaining
topsoil or substitute material as needed to make up the volume of topsoil as specified in
the reclamation plan approved pursuant to this law.
(1) Existing resources that may be used to identify the soil present on a site
include soil surveys and information obtained from a soil scientist or other
available resources. Topsoil or topsoil substitute material shall be removed from
areas to be affected by mining operations to the depth indicated in the reclamation
plan or as determined in the field by a soil scientist, project engineer or other
qualified professional.
(c) Storage. Once removed, topsoil or topsoil substitute material shall, as required by the
reclamation plan approved pursuant to this law, either be used in contemporaneous
reclamation or stored in an environmentally acceptable manner. The location of
stockpiled topsoil or topsoil substitute material shall be chosen to protect the material
from erosion or further disturbance or contamination. Runoff water shall be diverted
around all locations in which topsoil or topsoil substitute material is stockpiled.
402.6-6. Final Grading and Slopes.
(a) All areas affected by mining shall be graded in accordance with the reclamation plan
approved pursuant to this law to achieve a stable and safe condition consistent with the
post mining land use. The reclamation plan may designate areas such as stable slopes
and rock faces which do not require final grading.
(b) Final reclaimed slopes covered by topsoil or topsoil substitute material may not be
steeper than a 3:1 horizontal to vertical incline, unless alternative requirements are
approved under 402.11, and stable slopes can be demonstrated based on site-specific
engineering analysis. The engineering analysis shall show that a minimum acceptable
slope stability factor is attainable at a steeper slope and that the post-mining land use
specified in the reclamation plan is not adversely affected. When the slope occurs at the
edge of a body of water, this approved slope shall extend vertically six (6) feet below the
lowest seasonal water level. A slope no steeper than 3:1 shall be created at a designated
location or locations, depending on the size of the water body to allow for a safe exit.
(c) All areas in the nonmetallic mine site where topsoil or topsoil substitute material is to
be reapplied shall be graded or otherwise prepared prior to topsoil or topsoil substitute
material redistribution to provide the optimum adherence between the topsoil or topsoil
substitute material and the underlying material.
402.6-7. Topsoil Redistribution for Reclamation. Topsoil or topsoil substitute material shall be
redistributed in accordance with the reclamation plan approved pursuant to this law in a manner
which minimizes compaction and prevents erosion. Topsoil or topsoil substitute material shall
be uniformly redistributed except where uniform redistribution is undesirable or impractical.
Topsoil or topsoil substitute material redistribution may not be performed during or immediately
after a precipitation event until the soils have sufficiently dried.
402.6-8. Revegetation and Site Stabilization. Except for permanent roads or similar surfaces
identified in the reclamation plan approved pursuant to this law, all surfaces affected by
nonmetallic mining shall be reclaimed and stabilized by revegetation or other means.
Revegetation and site stabilization shall be in accordance with the approved reclamation plan and
shall be performed as soon as practicable after mining activity has permanently ceased in any
part of the mine site.
4 O.C. 402—Page 6

402.6-9. Assessing Completion of Successful Reclamation.
(a) The criteria for assessing when reclamation is complete and, therefore, when the
financial assurance may be released shall be specified in the reclamation plan approved
pursuant to this law. Criteria to evaluate reclamation success shall be quantifiable.
(b) Compliance with the revegetation success standards in the approved reclamation plan
shall be determined by:
(1) On-site inspections by an agent of the Department;
(2) Reports presenting results obtained during reclamation evaluations including
summarized data on revegetation, photodocumentation or other evidence that the
criteria approved in the reclamation plan to ascertain success have been met; or
(3) A combination of inspections and reports.
(c) In those cases where the post mining land use specified in the reclamation plan
requires a return of the mining site to a pre-mining condition, the operator shall obtain
baseline data on the existing plant community for use in the evaluation of reclamation
success pursuant to this section.
(d) Revegetation success may be determined by:
(1) Comparison to an appropriate reference area;
(2) Comparison to baseline data acquired at the mining site prior to its being
affected by mining; or
(3) Comparison to an approved alternate technical standard.
(e) Revegetation using a variety of plants indigenous to the area is favored.
402.6-10. Intermittent Mining. Intermittent mining may be conducted provided that the
possibility of intermittent cessation of operations is addressed in an operator s reclamation
permit, no environmental pollution or erosion of sediments is occurring, and financial assurance
for reclamation pursuant to 402.9 is maintained covering all remaining portions of the site that
have been affected by nonmetallic mining and that have not been reclaimed.
402.6-11. Maintenance. During the period of the site reclamation, after the operator has stated
that reclamation is complete but prior to release of financial assurance, the operator shall perform
any maintenance necessary to prevent erosion, sedimentation or environmental pollution, comply
with the standards of this section, or to meet the goals specified in the reclamation plan approved
pursuant to this law.
402.7. Nonmetallic Mining Reclamation Permit
402.7-1. Permit Required. Every operator of a nonmetallic mining site on the reservation who
engages in or plans to engage in nonmetallic mining shall obtain a reclamation permit issued
under this section, except for nonmetallic mining sites that are exempt from this law under
402.5-2. No person may engage in nonmetallic mining or nonmetallic mining reclamation
without a reclamation permit issued pursuant to this law.
402.7-2. Application. All operators of nonmetallic mining sites shall apply for a reclamation
permit from the Department. All applications for reclamation permits shall be accompanied by
the following:
(a) A brief description of the general location and nature of the nonmetallic mine.
(b) A legal description of the property on which the nonmetallic mine is located or
proposed, including the parcel identification number.
(c) The names, addresses and telephone numbers of all persons or organizations who are
owners or lessors of the property on which the nonmetallic mining site is located.
4 O.C. 402—Page 7

(d) The name, address and telephone number of the person or organization who is the
operator.
(e) A certification by the operator of his or her intent to comply with the nonmetallic
mining reclamation standards established by this law.
(f) A reclamation plan and plan review fees.
(g) A land use permit.
402.7-3. Expedited Review. Any operator of a nonmetallic mining site may request expedited
review of a reclamation permit application under 402.7-3(a) or 402.7-3(b) as follows:
(a) The operator may submit a request for expedited permit review with payment of the
expedited review fee specified in 402.18-2. This request shall state the need for such
expedited review and the date by which such expedited review is requested.
(b) Following receipt of a request under this subsection, the Department shall inform the
applicant of the estimated date for decision on issuance of the permit. If the applicant
then elects not to proceed with the expedited review, the fee paid under 402.7-3(a) shall
be returned.
(c) Expedited review under this subsection shall not waive, shorten or otherwise affect
the public notice and right of hearing pursuant to 402.10. This section does not impose
an obligation upon the Department to act upon a permit application under this section by
a specific date.
402.7-4. Permit Conditions. Any decision under this section may include conditions as
provided below:
(a) The Department may issue a reclamation permit or approve a reclamation plan
subject to general or site-specific conditions if needed to assure compliance with the
nonmetallic mining reclamation requirements of this law.
(b) One required condition of the issued permit shall be that the new mine obtain
financial assurance pursuant to 402.9 prior to beginning mining.
402.7-5. Permit Approval. An application for a nonmetallic mining reclamation permit shall be
approved unless the Department finds any of the following:
(a) The applicant has, after being given an opportunity to make corrections, failed to
provide to the Department an adequate permit application, reclamation plan, financial
assurance or any other submittal required by this law.
(b) The proposed nonmetallic mining site cannot be reclaimed in compliance with the
reclamation standards contained in this law.
(c) The applicant, or its agent, principal or predecessor has, during the course of
nonmetallic mining in Wisconsin or elsewhere within ten (10) years of the permit
application or modification request being considered shown a pattern of serious
violations of this law or of other environmental laws related to nonmetallic mining
reclamation. The following may be considered in making this determination of a pattern
of serious violations:
(1) Results of judicial or administrative proceedings involving the operator or its
agent, principal or predecessor.
(2) Suspensions or revocations of nonmetallic mining reclamation permits
pursuant to this law, or other reclamation ordinances.
(3) Forfeitures of financial assurance.
(d) The applicant fails to meet the requirements under 402.8.
(e) The permit would violate Tribal policy.
4 O.C. 402—Page 8

402.7-6. A decision to deny an application to issue a reclamation permit may be reviewed under
402.14-2.
402.7-7. A denial under this subsection shall be in writing and shall contain documentation of
reasons for denial.
402.8. Reclamation Plan
402.8-1. Reclamation Plan Requirements. All operators of nonmetallic mining sites subject to
this law shall prepare and submit a reclamation plan that meets the following requirements:
(a) Plan Required. An operator who conducts or plans to conduct nonmetallic mining
shall submit to the Department a reclamation plan that meets the requirements and
standards of this law. To avoid duplication, the reclamation plan may, by reference,
incorporate existing plans or materials that meet the requirements of this law.
(b) Site Information. The reclamation plan shall include information sufficient to
describe the existing natural and physical conditions of the site, including, but not limited
to:
(1) Maps of the nonmetallic mining site including the general location, property
boundaries, the areal extent, depth to bedrock, geologic composition and depth of
the nonmetallic mineral deposit, the distribution, thickness and type of topsoil, the
approximate elevation of ground water, the location of surface waters and the
existing drainage patterns.
(A) Topsoil or topsoil substitute material required to support revegetation
needed for reclaiming the site to approved post mining land use can be
identified using soil surveys or other available information.
(2) Information available to the mine operator on biological resources, plant
communities, and wildlife use at and adjacent to the proposed or operating mine
site.
(3) Existing topography as shown on contour maps of the site at contour intervals
as specified by the Department.
(4) Location of manmade features on or near the site.
(A) Some of or all of the information required above may be shown on
the same submittal, i.e., the site map required by 402.8-1(b)(1) may also
show topography required by 402.8-1(b)(3).
(c) Post Mining Land Use.
(1) The reclamation plan shall specify a proposed post mining land use for the
nonmetallic mine site. The proposed post mining land use shall be consistent
with Tribal land use plans and Tribal zoning at the time the plan is submitted,
unless a change to the land use plan or zoning is proposed. The proposed
post mining land use shall also be consistent with any applicable laws in effect at
the time the plan is submitted.
(2) Land used for nonmetallic mineral extraction in areas zoned exclusively for
agricultural use shall be restored to agricultural use.
(d) Reclamation Measures. The reclamation plan shall include a description of the
proposed reclamation, including methods and procedures to be used and a proposed
schedule and sequence for the completion of reclamation activities for various stages of
reclamation of the nonmetallic mi ning site. The following shall be included:
(1) A description of the proposed earthwork and reclamation, including final
4 O.C. 402—Page 9

slope angles, high wall reduction, benching, terracing and other structural slope
stabilization measures.
(2) The methods of topsoil or topsoil substitute material removal, storage,
stabilization and conservation that will be used during reclamation.
(3) A plan or map which shows anticipated topography of the reclaimed site and
any water impoundments or artificial lakes needed to support the anticipated
future land use of the site.
(4) A plan or map which shows surface structures, roads and related facilities
after the cessation of mining.
(5) The estimated cost of reclamation for each stage of the project or the entire
site if reclamation staging is not planned.
(6) A revegetation plan which shall include timing and methods of seed bed
preparation, rates and kinds of soil amendments, seed application timing, methods
and rates, mulching, netting and any other techniques needed to accomplish soil
and slope stabilization.
(7) Quantifiable standards for revegetation adequate to show that a sustainable
stand of vegetation has been established which will support the approved
post mining land use. Standards for revegetation may be based on the percent of
vegetative cover, productivity, plant density, diversity or other applicable
measures.
(8) A plan and, if necessary, a narrative showing erosion control measures to be
employed during reclamation activities. These shall address how reclamation
activities will be conducted to minimize erosion and pollution of surface and
groundwater.
(9) A hydrogeological investigation is required by a hydrogeologist to assure that
there will not be a permanent lowering of base flow in adjacent streams or
degradation of groundwater quality.
(10) A description of any areas which will be reclaimed on an interim basis
sufficient to qualify for the reduction of fees pursuant to 402.20-4(c) and which
will be subsequently disturbed prior to final reclamation. Descriptions shall
include an identification of the proposed areas involved, methods of reclamation
to comply with the standards in this law and timing of interim and final
reclamation.
(A) Some of the information required by this subsection may be
combined to avoid duplication, e.g. a single map may show anticipated
post mining topography required by 402.8-1(d)(3) as well as structures
and roads as required by 402.8-1(d)(4).
(e) The reclamation plan shall contain criteria for assuring successful reclamation in
accordance with 402.6-9.
(f) Certification of Reclamation Plan. The operator shall provide a signed certification
that reclamation will be carried out in accordance with the reclamation plan. The
landowner and lessee, if different from the operator, shall also provide signed
certification that they concur with the reclamation plan and will allow its implementation.
(g) Approval. The operator shall keep a copy of the reclamation plan required by this
section, once approved by the Department under this law, at the mine site or, if not
practicable, at the operator s nearest office or place of business.
4 O.C. 402—Page 10

402.8-2. Plan Review Fees. A person who intends to operate a nonmetallic mining site for
which a permit application has been submitted under 402.7-2 shall submit a non-refundable plan
review fee, which shall be established by the Department. A separate plan review fee shall be
paid under this section for any modification to an existing reclamation plan submitted pursuant to
402.15.
402.8-3. Expedited Plan Review Fee. A person who intends to operate a nonmetallic mining site
for which a permit application has been submitted under 402.7-2 may obtain expedited
reclamation plan review by paying a fee to the Department. Such fee shall be in addition to that
required in 402.8-2.
402.8-4. Relation to Annual Fee. Any reclamation plan review fee or expedited reclamation
plan review fee collected under this section shall be added to and collected as part of the first
annual fee collected under section 402.18.
402.8-5. Public Nonmetallic Mining. The plan review fee requirements of this section do not
apply to nonmetallic mining conducted by the Tribe through its agencies or departments.
402.9. Financial Assurance
402.9-1. The following financial assurance requirements do not apply to nonmetallic mining
conducted by the Tribe through its agencies or departments.
402.9-2. Financial Assurance Requirements. All operators of nonmetallic mining sites on the
reservation shall prepare and submit a proof of financial assurance that meets the following
requirements:
(a) Notification. The Department shall provide written notification to the operator of the
amount of financial assurance required under 402.9-2(c).
(b) Filing. Following approval of the nonmetallic reclamation permit, and as a condition
of the permit, the operator shall file a financial assurance with the Department. The
financial assurance shall provide that the operator shall faithfully perform all
requirements in this law, an applicable reclamation ordinance and the reclamation plan.
Financial assurance shall be payable to the Oneida Tribe of Indians of Wisconsin. In
cases where one or more regulatory authorities regulate a nonmetallic mining site, all
financial assurance shall be made payable to the Department only if it currently has
primary regulatory responsibility.
(c) Amount and Duration of Financial Assurance. The amount of financial assurance
shall equal as closely as possible the cost to the Department of hiring a contractor to
complete either final reclamation or progressive reclamation according to the approved
reclamation plan. The amount of financial assurance shall be reviewed periodically by
the Department to assure it equals outstanding reclamation costs. Any financial
assurance filed with the Department shall be in an amount equal to the estimated cost for
reclaiming all sites the operator has under project permits. The Department may accept a
lesser initial amount of financial assurance provided that the permittee initiates a process
to continuously increase the amount of financial assurance until it is adequate to effect
reclamation. An escrow account may be established that is based on production gross
sales and serves to provide regular payments to an account that is designed to grow to the
amount necessary to guarantee performance of reclamation by the expected time of final
reclamation. The period of the financial assurance is dictated by the period of time
required to establish the post mining land use declared and approved of in the reclamation
plan. This may extend beyond the permit if required to accomplish successful and
4 O.C. 402—Page 11

complete implementation of the reclamation plan.
(d) Form and Management. Financial assurance shall be provided by the operator and
shall be by a bond or an alternate financial assurance. Financial assurance shall be
payable to the Department and released upon successful completion of the reclamation
measures specified in the reclamation plan. Alternate financial assurances may include,
but are not limited to cash, certificates of deposits, irrevocable letters of credit,
irrevocable trusts, established escrow accounts, or government securities. Any interest
from the financial assurance shall be paid to the operator. Certificates of deposit shall be
automatically renewable or other assurances shall be provided before the maturity date.
Financial assurance arrangements may include, at the discretion of the Department, a
blend of different options for financial assurance including a lien on the property on
which the nonmetallic mining site occurs or a combination of financial assurance
methods.
(e) Multiple Projects. Any operator who obtains a permit from the Department for two
(2) or more nonmetallic mining sites may elect, at the time the second or subsequent site
is approved, to post a single financial assurance in lieu of separate financial assurance
instruments for each nonmetallic mining site. When an operator elects to post a single
financial assurance in lieu of separate financial assurances for each mining site, no
financial assurances previously posted on individual mining sites shall be released until
the new financial assurance has been accepted by the Department.
(f) Certification of Completion and Release.
(1) The operator shall notify the Department, by filing a notice of completion, at
the time that he or she determines that reclamation of any portion of the mining
site or the entire site is complete. The Department shall inspect the mine site or
portion thereof that was the subject of the notice of completion to determine if
reclamation has been carried out in accordance with the approved reclamation
plan. The Department may partially release the financial assurance if it
determines that compliance with a portion of the reclamation plan has been
achieved and requires no waiting period. After determining that reclamation is
complete, the Department shall issue a certificate of completion and shall release
the financial assurance or appropriately reduce the financial assurance in the case
of reclamation of a portion of the mining site.
(2) The Department shall make a determination of whether or not the certification
in 402.9-2(f)(1) can be made within sixty (60) days after the request is received.
(3) The Department may make a determination under this subsection that:
(A) Reclamation is not yet complete;
(B) It is not possible to assess whether reclamation is complete due to
weather conditions, snow cover or other relevant factors;
(C) Reclamation is complete in a part of the mine; or
(D) Reclamation is fully complete.
(g) Forfeiture. Financial assurance shall be forfeited if any of the following occur:
(1) A permit is revoked under 402.16 and the appeals process has been
completed.
(2) An operator ceases mining operations and fails to reclaim the site in
accordance with the reclamation plan.
(h) Cancellation. Financial assurance shall provide that it may not be cancelled by the
4 O.C. 402—Page 12

surety or other holder or issuer except after not less than a ninety (90) day notice to the
Department in writing by registered or certified mail. Not less than thirty (30) days prior
to the expiration of the ninety (90) day notice of cancellation, the operator shall deliver to
the Department a replacement proof of financial assurance. In the absence of this
replacement financial assurance, all mining shall cease until the time it is delivered and in
effect.
(i) Changing Methods of Financial Assurance. The operator of a nonmetallic mining site
may change from one method of financial assurance to another. This may not be done
more than once a year unless required by an adjustment imposed pursuant to 402.9-2(k).
The operator shall give the Department at least sixty (60) days notice prior to changing
methods of financial assurance and may not actually change methods without the written
approval of the Department.
(j) Bankruptcy Notification. The operator of a nonmetallic mining site shall notify the
Department by certified mail of the commencement of voluntary or involuntary
proceeding under bankruptcy code, 11 USC, et seq., naming the operator as debtor,
within ten (10) days of commencement of the proceeding.
(k) Adjustment of Financial Assurance. Financial assurance may be adjusted when
required by the Department. The Department may notify the operator in writing that
adjustment is necessary and the reasons for it. The Department may adjust financial
assurance based upon prevailing or projected interest or inflation rates, or the latest cost
estimates for reclamation.
402.9-3. The operator shall submit a legally binding commitment to faithfully perform all
compliance and reclamation work at the mine site that is required under this law.
402.10. Public Notice and Right of Hearing
402.10-1. The Department shall, except as provided in 402.10-2, provide public notice for a
public hearing as set forth below:
(a) Public Notice.
(1) When the Department receives an application to issue a reclamation permit, it
shall publish a public notice of the application no later than thirty (30) days after
receipt of a complete application that satisfies 402.7-2.
(2) The notice shall briefly describe the mining and reclamation planned at the
nonmetallic mining site. The notice shall be published in the Kalihwisaks and
shall advise the following:
(A) The locations at which the public may review the application and all
supporting materials, including the reclamation plan.
(B) The time, place, whom, and manner in which views may be
presented. Said notice shall be published and posted for no less than ten
(10) days prior to the public hearing.
(3) Copies of the notice shall be forwarded by the Department to the owners of
land within twelve hundred (1,200) feet of the boundaries of the parcel or parcels
of land on which the site is located.
(b) Public Hearing. The Department shall provide interested persons a reasonable
opportunity to submit data, views, or arguments in writing in regards to an application for
a nonmetallic mining reclamation permit. It is the intent of this law that public hearings
be held in order to receive comment on the nature, feasibility and effects of the proposed
4 O.C. 402—Page 13

reclamation.
(1) Subsequent to the public comment period and prior to the Department s
recommendation to the Land Commission, the Department shall consider fully, all
oral and written comments concerning the proposed action.
(2) If a zoning-related public hearing is conducted on a proposed nonmetallic
mine site, the Department shall allow testimony on both the zoning-related and
reclamation-related matters. This opportunity shall fulfill the requirement for a
public hearing for a nonmetallic mining reclamation permit.
(3) The Department shall consider the reclamation-related testimony in the
zoning-related hearing in deciding on a permit application pursuant to this law.
402.10-2. Local Transportation-Related Mines. No public notice or informational hearing is
required for a nonmetallic mining reclamation permit issued to a local transportation-related
mine pursuant to 402.10-1.
402.11. Alternative Requirements
402.11-1. Scope of Alternative Requirements Approvable. An operator of a nonmetallic mining
site may request an alternative requirement to the reclamation standard established in 402.6, if
the following criteria are met:
(a) The nonmetallic mining site, the surrounding property or the mining plan or
reclamation plan has a unique characteristic which requires an alternative requirement.
(b) Unnecessary hardship which is peculiar to the nonmetallic mining site or plan will
result unless the alternative requirement is approved.
(c) Reclamation in accordance with the proposed alternative requirement will achieve the
planned post-mining land use and long term site stability in a manner that will not cause
environmental pollution or threaten public health, safety or welfare.
402.11-2. Procedures.
(a) The operator of a nonmetallic mining site requesting an alternate requirement shall
demonstrate all the criteria in 402.11-1. This shall be submitted in writing to the
Department.
(b) A request for an alternative requirement may be incorporated as part of an
application to issue or modify a nonmetallic mining reclamation permit.
402.11-3. Transmittal of Decision on Request for Alternate Requirement. The decision on a
request for alternate reclamation requirements shall be in writing to the applicant and shall
include documentation of why the alternate requirement was or was not approved.
402.12. Permit Duration
402.12-1. A nonmetallic mining reclamation permit issued under this law shall last through
operation and reclamation of the nonmetallic mining site, unless suspended or revoked pursuant
to 402.16.
402.12-2. If the mine operator is not the landowner, the reclamation permit duration shall not
exceed the duration of the mine lease unless the lease is renewed or the permit is transferred to a
subsequent lessee pursuant to 402.13.
402.13. Permit Transfer
402.13-1. A nonmetallic mining reclamation permit issued under this law shall be transferred to
a new owner or operator upon satisfaction of the following conditions:
4 O.C. 402—Page 14

(a) The new permit holder submits to the Department proof of financial assurance and a
certification in writing that all conditions of the permit will be complied with.
(b) The new operator submits financial assurance and it has been accepted by the
Department and the Department makes a written finding that all requirements of the
permit and reclamation plan will be complied with. The previous operator shall maintain
financial assurance until the new operator has received approval and provided the
financial assurance under this section.
402.14. Review
402.14-1. Before a permit and/or a plan can be approved or denied, the Department shall submit
to the Land Commission a written recommendation that the permit and/or plan be approved,
conditionally approved or denied.
(a) The Land Commission shall respond to the Department by agreeing with, disagreeing
with, or remaining silent on the recommendation of the Department.
(b) Failure of the Land Commission to act upon a recommendation within thirty (30)
days of the Department s recommendation shall be considered an approval of the
recommendation.
402.14-2. Any decision or action made under this law may be reviewed as set forth in this
section. Any person may obtain a contested case hearing under the Tribe s administrative
procedures act provided that:
(a) A substantial interest of the person is injured in fact or threatened with injury by
agency action or inaction;
(b) There is no evidence of legislative intent that the interest is not to be protected;
(c) The injury to the person requesting a hearing is different in kind or degree from injury
to the general public caused by the agency action or inaction; and
(d) There is a dispute of material fact.
402.15. Permit Modification
402.15-1. By Department. A nonmetallic mining reclamation permit issued under this law may
be modified by the Department if it finds that the nonmetallic mining site is no longer in
compliance with this law. Such modification shall be by an order modifying the permit in
accordance with this section. This modifying order may require the operator to amend or submit
new application information, reclamation plan, proof of financial assurance or other information
needed to ensure compliance with this law.
402.15-2. At the Operator’s Option. If an operator holds a reclamation permit issued under this
law and desires to modify such permit or reclamation plan approved under this law, it may
request such modification by submitting a written application to the Department. The
application for permit or plan modification shall be acted on using the standards and procedures
of this law.
402.15-3. Required by the Operator. An operator that holds a reclamation permit issued under
this law shall request a modification of such permit if changes occur to the area to be mined, the
nature of the planned reclamation, or other aspects of mining required by the reclamation plan
approved. Such application for permit modification shall be acted on using the standards and
procedures of this law.
402.15-4. Review. All actions on permit modifications requested or initiated under this section
are subject to review under 402.14-2.
4 O.C. 402—Page 15

402.16. Permit Suspension or Revocation
402.16-1. Grounds. The Department may suspend or revoke a nonmetallic mining reclamation
permit if it finds that the operator has done any of the following:
(a) Failed to submit a satisfactory reclamation plan within the time frames specified in
this law.
(b) Failed to submit or maintain financial assurance as required by this law.
(c) Failed on a repetitive and significant basis to follow the approved reclamation plan.
402.16-2. Procedures. If the Department finds grounds for suspending or revoking a
nonmetallic mining reclamation permit set forth in this section, it may issue an order suspending
or revoking such permit as set forth in 402.23-2.
402.16-3. Consequences.
(a) If the Department makes any of the findings in 402.16-1, it may suspend a
nonmetallic mining reclamation permit for up to thirty (30) days. During the time of
suspension, the operator may not conduct nonmetallic mining at the site, except for
reclamation or measures to protect human health and the environment, as ordered by the
Department pursuant to 402.23-2.
(b) If the Department makes any of the findings in 402.16-1, it may revoke a nonmetallic
mining reclamation permit. Upon permit revocation, the operator shall forfeit the
financial assurance it has provided to the Department. The Department may use forfeited
financial assurance to reclaim the site to the extent needed to comply with this law and
the applicable reclamation ordinance.
402.17. Annual Operator Reporting
402.17-1. Contents and Deadline.
(a) Annual reports that satisfy the requirements of this section shall be submitted by the
operators of nonmetallic mining sites.
(1) Contents. The annual report required by this section shall include all of the
following:
(A) The name and mailing address of the operator.
(B) The location of the nonmetallic mining site, including legal
description, tax key number or parcel identification number if available.
(C) The identification number of the applicable nonmetallic mining
permit, if assigned by the Department.
(D) The acreage currently affected by nonmetallic mining extraction and
not yet reclaimed.
(E) The amount of acreage that has been reclaimed to date, on a
permanent basis and the amount reclaimed on an interim basis.
(F) A plan, map or diagram accurately showing the acreage described in
402.17-1(a)(1)(D) and (E).
(G) The following certification, signed by the operator: “I certify that this
information is true and accurate, and that the nonmetallic mining site
described herein complies with all conditions of the applicable
nonmetallic mining permit.”
(b) Deadline. The annual report shall cover activities for a calendar year and be
submitted within sixty (60) days following the end of the year.
4 O.C. 402—Page 16

(c) When Reporting May End. Annual reports shall be submitted by an operator for all
active and intermittent mining sites to the Department for each calendar year until
nonmetallic mining reclamation at the site is certified as complete pursuant to 402.20-3 or
at the time of release of financial assurance pursuant to 402.9-2(f).
402.17-2. The Department may, at its discretion, obtain the information required in 402.19-1 for
a calendar year by written documentation of an inspection it completes during a calendar year, as
set forth in this subsection. If the Department obtains and documents the required information,
the annual report need not be submitted by the operator. If the Department determines that the
operator need not submit an annual report pursuant to this section, it shall advise the operator in
writing at least thirty (30) days before the end of the applicable calendar year. In that case, the
Department shall require the operator to submit the certification required in 402.17-1(a)(1)(G).
402.17-3. Retention of Annual Reports. Annual reports submitted under this section or
inspection records that replace them under 402.17-2 shall be retained by the Department for at
least ten (10) years after the calendar year to which they apply.
402.18. Annual Fees
402.18-1. Areas Subject to Fees, Procedures and Deadline. Operators of all nonmetallic mining
sites subject to reclamation permits issued under this law shall pay annual fees to the
Department. Fees paid under this section shall equal, as closely as possible, the costs of
examination and approval on nonmetallic mining reclamation plans and the inspection of
nonmetallic mining sites.
402.18-2. Fees paid under this section shall be calculated based on the unreclaimed acres of a
nonmetallic mining site, as defined below:
(a) Unreclaimed acre(s) means those unreclaimed areas in which nonmetallic mining
has occurred and areas where nonmetallic mining reclamation has been completed but is
not yet certified as reclaimed under 402.9-2(f). However the term does not include any
areas described in 402.18-2(b).
(b) Unreclaimed acre(s) does not include:
(1) Those areas where reclamation has been completed and certified as reclaimed
under 402.20-3.
(2) Those areas previously affected by nonmetallic mining but which are not used
for nonmetallic mining.
(3) Those portions of nonmetallic mining sites which are included in an approved
nonmetallic mining reclamation plan but are not yet affected by nonmetallic
mining.
(4) Areas previously mined but used later for a non-mining activity, such as
stockpiling of materials used for an industrial activity such as an asphalt plant,
concrete batch plant, block and tile operation or other industry that uses products
produced from nonmetallic mining.
(5) Those areas within a nonmetallic mining site which the Department has
determined to have been successfully reclaimed on an interim basis in accordance
with 402.20-2 and 402.20-3.
(6) Those areas not included in a nonmetallic mining site.
(c) Fees assessed pursuant to this section shall be based on unreclaimed acres at the end
of the year. Such fees apply to a calendar year or any part of a year in which nonmetallic
mining takes place, until final reclamation is certified as complete under 402.20. Fees
4 O.C. 402—Page 17

shall be paid no later than December 31st for the subsequent year.
(d) For mines that submit a reclamation permit application under 402.7-2, the first year s
annual fee shall be based upon the unreclaimed acres which are anticipated at the end of
that calendar year.
(e) If reclamation has already occurred on portions of a nonmetallic mining site, the fees
for such portions may be submitted with a request that they be held by the Department
pending certification of completed reclamation pursuant to 402.20-1. Upon such
certification, the Department shall refund that portion of the annual fee that applies to the
reclaimed areas. If the Department fails to make a determination under 402.20-1 within
sixty (60) days of the request, it shall refund that portion of the annual fee that applies to
the reclaimed areas.
Table 1:
Annual Fees Collected by the Department
Mine Size in Unreclaimed Acres,
Rounded to the Nearest Whole Acre

Annual Fee

1 to 5 acres
[does not include mines <1 acre]

$30

6 to 10 acres

$60

11 to 15 acres

$90

16 to 25 acres

$120

26 to 50 acres

$140

51 acres or larger

$150

402.18-3. Reduced Fee for Inactive Mines. Any site on which no nonmetallic mining activity
has taken place in a calendar year shall be assessed a reduced fee, determined by the Department,
for the following calendar year.
402.18-4. Public Nonmetallic Mining. The annual fee requirements of this section do not apply
to nonmetallic mining conducted by the Tribe through its agencies or departments.
402.19. Regulatory Reporting and Documentation
402.19-1. Reporting. The Department shall prepare a report by March 31st of each calendar
year. The reports shall include the following information for the previous year s nonmetallic
mining reclamation program:
(a) The total number of nonmetallic mining permits in effect.
(b) The number of new permits issued within the jurisdiction of the Department.
(c) The number of acres approved for nonmetallic mining and the number of acres newly
approved in the previous year.
(d) The number of acres being mined.
(e) The number of acres that have been reclaimed and have had financial assurance
released pursuant to 402.9-2(f).
(f) The number of acres that are reclaimed and awaiting release from the financial
assurance requirements of this section pursuant to 402.20-4(b) and (c).
4 O.C. 402—Page 18

(g) The number and nature of alternative requirements granted, permit modifications,
violations, public hearings, enforcement actions, penalties that have been assessed and
bond or financial assurance forfeitures.
402.19-2. Documentation. The Department shall, to the best of its ability, maintain the
information set forth below:
(a) The procedures employed by the Department regarding reclamation plan review, and
the issuance and modification of permits.
(b) The methods for review of annual reports received from operators.
(c) The method and effectiveness of fee collection.
(d) Methods for conducting on site compliance inspections and attendant reports,
records and enforcement actions.
(e) Responses to citizen complaints.
(f) The method of and accuracy in determining the amount of financial assurance
obtained from the operator to guarantee reclamation performance.
(g) The maintenance and availability of records.
(h) The number and type of approvals for approvals for alternative requirements issued
pursuant to 402.11.
(i) The method of determining the success of reclamation in meeting the criteria
contained in the reclamation plan and subsequently releasing the financial assurance
pursuant to 402.9-2(f)(1).
(j) Any changes in Tribal regulations, ordinances, funding and staffing mechanisms or
any other factor which might affect the ability of the Department to implement its
nonmetallic mining reclamation program under this law.
(k) The amount of fees collected in comparison to the amount of money actually
expended for nonmetallic mining reclamation program administration.
402.20. Completed Reclamation-Reporting, Certification and Effect
402.20-1. Reporting. The operator of a nonmetallic mining site may certify completion of
reclamation for a portion or all of the nonmetallic mining site pursuant to a reclamation plan
prepared and approved pursuant to this law.
402.20-2. Reporting of Interim Reclamation. The operator of a nonmetallic mining site may
report completion of interim reclamation as specified in the reclamation plan for the site prepared
and approved pursuant to this law. Reporting of interim reclamation shall be done according to
the procedures in 402.20-1.
402.20-3. Certification of Completed Reclamation. The Department shall inspect a nonmetallic
mining site for which reporting of reclamation or interim reclamation has been submitted
pursuant to this subsection within sixty (60) days of receipt, and make a determination in writing
in accordance with 402.9-2(f)(3). If it is determined that interim or final reclamation is
complete, including revegetation as specified in a reclamation plan that conforms with 402.8, the
Department shall issue the mine operator a written certificate of completion.
402.20-4. Effect of Completed Reclamation. If reclamation is certified by the Department as
complete under 402.20-3 for part or all of a nonmetallic mining site, then:
(a) No fee shall be assessed under 402.18 for the area so certified.
(b) The financial assurance required by 402.9 shall be released or appropriately reduced
in the case of completion of reclamation for a portion of the mining site.
(c) For sites which are reported as interim reclaimed under 402.20-2 and so certified
4 O.C. 402—Page 19

under 402.20-3, financial assurance for reclaiming the certified area shall be reduced.
402.20-5. Effect of Inaction Following Report of Completed Reclamation. If no written
response as required by 402.20-3 for an area of the mine site reported as reclaimed or interim
reclaimed is given within sixty (60) days of receiving such request, any annual fee paid to the
Department for it under 402.18 shall be refunded.
402.21. Permit Termination
402.21-1. When all final reclamation required by a reclamation plan conforming to 402.8 and
required by this law is certified as complete pursuant to 402.9-2(f) and 402.20-3, the Department
shall issue a written statement to the operator of the nonmetallic mining site, thereby terminating
the reclamation permit.
402.22. Right of Entry and Inspection
402.22-1. For the purpose of ascertaining compliance with the provisions of this law, any
authorized officer, agent, employee or representative of the Department may inspect any
nonmetallic mining site subject to this law as provided below:
(a) Any person who enters the site under this right of inspection shall obtain training and
provide their own safety equipment needed to comply with any applicable laws or
regulations controlling persons on the nonmetallic mining site.
(b) No person may refuse entry or access onto a nonmetallic mining site of a duly
authorized officer, employee or agent of the Department who presents appropriate
credentials to inspect the site for compliance with the nonmetallic mining reclamation
permit or this law.
402.23. Violations
402.23-1. Warnings. The Department shall issue a warning to an operator or owner before
issuing an order or a citation if a violation is committed under this Law, including:
(a) Refusing entry or access onto a nonmetallic mining site
(b) Activity that violates the approved plan unless the owner or operator immediately
ceases the activity.
402.23-2. Orders. If an operator or owner continues to violate this Law after the Department
issues a warning, the Department may issue an order requiring the operator or owner to comply
with this Law.
(a) An order may suspend or revoke a nonmetallic mining reclamation permit pursuant to
402.16, or direct an operator to immediately cease an activity regulated under this law.
(b) Any person who violates an order issued under this section may be required to forfeit
not less than $25 nor more than $5,000 for each violation. Each day of continued
violation is a separate offense. While an order issued under this section is suspended,
stayed or enjoined, this penalty does not accrue.
402.23-3. Citations. The Department, or designee, may issue a citation to collect fines to
enforce this law, a permit issued pursuant to this law or a reclamation plan approved under this
law. The issuance of a citation under this subsection shall not preclude proceeding under any
other ordinance or law relating to the same or any other matter. Proceeding under any other
ordinance or law relating to the same or any other matter shall not preclude the issuance of a
citation under this subsection.
402.23-4. Appeals. A person who is subject to a citation issued pursuant to this section shall
4 O.C. 402—Page 20

have sixty (60) days to either appeal the citation to the Land Commission for review or pay the
fine.
End.
Adopted BC-08-01-07-G

4 O.C. 402—Page 21

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3Aa2c9041e0a976569. Public record. Not legal advice.