(a) Conformity to laws and regulations. All permitted mining and processing shall conform to all applicable city, county, state, and federal statutes, ordinances, regulations, and standards relative to water or air pollution, particle emission, noise and waste disposal, vibration, and land rehabilitation and after-use.
(b) Days and hours of operation. The days and hours of mine operation shall be as follows:
(1) There shall be no mining or processing of any type, surface or otherwise, and no hauling, transportation or movement of minerals on Sundays and holidays recognized by the State of Indiana;
(2) On weekdays, mining or processing shall only occur between the hours of 6:00 a.m. and 8:00 p.m.
(3) On Saturdays, mining or processing shall only occur between the hours of 8:00 a.m. and 2:00 p.m.
(4) Extensions to the hours operation may be permitted if approved by the Administrator based on a written request by the operator. For the purpose of this request, the Administrator will follow the procedures of public notice and comment found in §6-169 (b).
(5) The Board of Works must approve exceptions to the days of operation. Operators must request an exception in writing, per § 6-177.
(c) Equipment that is operated at night, if allowed under City approval, that requires back-up alarms shall utilize non-audible signal devices wherever possible and permitted by law.
(d) Erosion and dust control.
(1) Each operator shall obtain and maintain all permits required for its operation pursuant to state and federal pollution control laws and regulations.
(2) Each operator shall also provide the Administrator with a copy of its approved erosion control plan that such operator is required to file pursuant to applicable state and federal law.
(3) Overburden removal shall be limited to the area of the operation expected to be mined during two operating seasons, except where an operator desires to construct earthen berms around any portion of a mine (in which case, if the areas so disturbed will not be mined within two years, they will be seeded and maintained in a permanent cover crop to prevent wind and water erosion).
(4) Overburden berms shall be graded and seeded promptly following completion of the berm and shall not exceed the normal limiting angle of repose or a slope of 1:1.5 vertical to horizontal whichever is less.
(5) Fugitive dust from the operation shall be suppressed. Petroleum-based products shall not be used for fugitive dust suppression.
(6) Wet suppression control system equipment shall be installed and maintained at all crushing and screening equipment, and conveyor transfer points, except for the wet section of a processing plant when water is added to the process in sufficient quantities to clean the stone free of all fine particles.
(7) All interior roads, any mine floor, stockpile areas, and the like, that will experience vehicle traffic shall be sprayed with water on an as needed basis to minimize the generation of dust.
(8) Records of water applications shall be retained for a period of at least three years at the site, and made available to the Administrator for inspection and copying.
(9) All trucks leaving the premises shall first pass through a truck wheel washing facility.
(10) All trucks entering onto public streets from any operation shall have covered beds.
(Ord. D-1686-04, 4-18-05)