2013 - 2014 LEGISLATURE
March 6, 2013 - Offered by Representatives Bernard Schaber, Barca, Barnes,
Berceau, Clark, Doyle, Genrich, Goyke, Hebl, Hesselbein, Johnson,
Ohnstad, Pasch, Pope, Richards, Ringhand, Shankland, Smith, C. Taylor,
Wachs, Wright, Zamarripa, Mason, Young, Bewley, Danou, Zepnick, Kolste,
Billings and Hulsey.
SB1-AA10,1,21 At the locations indicated, amend the bill, as shown by senate substitute
2amendment 2, as follows:
SB1-AA10,1,3 31. Page 179, line 4: delete lines 4 to 9 and substitute:
SB1-AA10,1,7 4"(4) (a) The department may issue a stop order to an operator, requiring an
5immediate cessation of mining, in whole or in part, at any time that the department
6determines that the continuance of mining constitutes an immediate and
7substantial threat to public health and safety or the environment.
SB1-AA10,1,128 (b) If no hearing on the stop order was held before issuance of the order, the
9department shall schedule a hearing on the stop order, to be held within 5 days after
10issuance and shall incorporate notice of the hearing in the copy of the order served
11on the operator. The department also shall give notice to any other persons who
12previously requested notice of such proceedings.
1(c) Within 72 hours after commencement of any hearing under par. (b), unless
2the parties agree to an extension, the department shall issue a decision affirming,
3modifying, or setting aside the stop order. The department may apply to the circuit
4court for an order extending the time, for not more than 10 days, within which the
5stop order shall be affirmed, modified, or set aside.
SB1-AA10,2,86 (d) The department shall set aside the stop order at any time, with adequate
7notice to the parties, upon a showing by the operator that the conditions upon which
8the order was based no longer exist.".
SB1-AA10,2,99 (End)