Dust Mitigation Ordinance #2025-2 for Non-Metallic Mines

Section 1: Title and Authority
This ordinance shall be known and may be cited as the “Dust Mitigation Ordinance for Non-Metallic Mines.”

Section 2: Purpose

The purpose of this ordinance is to reduce dust pollution and improve air quality on unpaved roads used by mining operations within the Town of Washburn. This ordinance aims to protect the health and safety of residents and preserve the local environment by mandating the application of dust mitigation products.

Section 3: Definitions

For the purposes of this ordinance, the following terms shall have the meanings indicated:

1. Non-Metallic Mine: Any site or location where non-metallic minerals are extracted from the earth, including but not limited to sand, gravel, and stone.
2. Operator: Any person, partnership, corporation, or other entity that owns, leases, or operates a non-metallic mine.
3. Unpaved Road: Any road within the town limits that is not surfaced with asphalt, concrete, or other similar materials.
4. Dust Mitigation Products: Substances applied to unpaved roads to reduce dust emissions, including but not limited to water, calcium chloride, and lignosulfonate.

Section 4: Applicability

This ordinance applies to all active non-metallic mines located within the town limits of Washburn.

Section 5: Requirements

Operators of active non-metallic mines are required to pay the Town of Washburn for the application of dust mitigation products on unpaved roads between the mine and the nearest paved roadway. The frequency of application and the type of dust mitigation products used shall be determined by the town based on environmental and traffic conditions.

Section 6: Payment Process

1. Calculation of Payments: Payments shall be calculated based on the length of the unpaved road requiring treatment and the cost of the dust mitigation products and application services.
2. Collection of Payments: The town shall invoice operators on a quarterly basis. Payments are due within 30 days of the invoice date.
3. Use of Payments: Funds collected under this ordinance shall be used exclusively for the application of dust mitigation products and related administrative costs.

Section 7: Enforcement

1. Penalties for Non-Compliance: Operators failing to comply with the requirements of this ordinance shall be subject to a fine of up to $500 per day for each day of non-compliance.
2. Violation Process: The town shall provide written notice of any violation to the operator, specifying the nature of the violation and the required corrective action. Operators shall have 15 days from the date of notice to remedy the violation before penalties are imposed.

Section 8: Effective Date

This ordinance shall take effect on January 1, 2026.

Section 9: Severability

If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The Town of Washburn hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional.
Above ordinance was passed unanimously by the Town of Washburn Town Board on October 14, 2025.