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CONG3E,P©hDIMCC /N2N©fi MDJG`� County of Dane DATE: April 4, 1991 TO: Jeanie Sieling County Executive Office FROM: Bill Fleck, Zoning Administrator SUBJECT: Payne & Dolan Conditional Use Permit #906 - Asphalt Plant You have requested information regarding the issuance of Conditional Use Permit #906 because of concerns expressed by Mr. Volpe who is a property owner in the proximity of the asphalt plant site. Mr. Volpe has raised questions as to the appropriateness of the permit, air and water quality controls, fire support and, in addition, thinks that there should be one agency that oversees the enforcement of all of the pertinent regulations. There is a mixed bag of jurisdictions involved in the permitting of an asphalt plant which, evidently, Mr. Volpe does not understand. First, Dane County's authority pertains primarily to land use e.g. is the proposed location appropriate for the intended use? The committee determined that it was because the site was in an existing quarry which alleviated the necessity of disturbing any new areas, the site was in the proximity of the highway project which will reduce hauling traffic and cost to the public, the plant activity will utilize accesses already approved for the quarry operation and the permit was issued for 1-year which is a reasonable time period for a temporary asphalt plant operation. If Payne and Dolan wish to obtain a new permit on this site for a future time period, they will be required to file a new application and go through the same public hearing process as for this permit. The issuance of the permit will be determined by the specific merits of the new application. For your information, the policy of the committee has been to regulate temporary asphalt plants to prevent a continuous, year after year, operation at one site and undue burden on the local area. Secondly, the other aspects of Dane County's jurisdiction pertaining to health and safety are addressed by other jurisdictions such as DNR, DILHR, DOT, etc. , who enforce very explicit State requirements for the operation of asphalt plants. DNR has jurisdiction over air and water quality, DILHR controls petroleum products and related storage, fire protection, etc., DOT regulates highway access, intersections, etc. If any one of the agencies finds a violation they will enforce compliance. These agencies also have the engineers and lab technicians with the required expertise to evaluate compliance, County Zoning does not. The State requirements are governed by the Wisconsin Administrative Code and the county cannot require more stringent controls. The committee understands this and usually does not impose additional conditions which would cause any duplication or overlapping of jurisdictions. The committee on CUP 906 did impose a condition pertaining to the environmental containment area but, it was specified to be pursuant to the DILHR regulations. In such a case we will contact DIHLR to verify that compliance has been satisfied. I have enclosed a copy of CUP 906 with all pertinent information. I have also included copies of the DNR Air Management staff approval of the relocation of the asphalt plant which includes specific conditions and a DNR well permit issued to Wingra Stone. Please be advised that the well permit to Wingra Stone and the operation of the existing quarry are separate issues and are not regulated by the Payne & Dolan permit.