LRBa0123/1
RCT:sac:rs
2013 - 2014 LEGISLATURE
SENATE AMENDMENT 3,
TO SENATE SUBSTITUTE AMENDMENT 2,
TO SENATE BILL 1
February 26, 2013 - Offered by Joint Committee on Finance.
SB1-SSA2-SA3,1,11 At the locations indicated, amend the substitute amendment as follows:
SB1-SSA2-SA3,1,2 21. Page 179, line 4: delete lines 4 to 9 and substitute:
SB1-SSA2-SA3,1,6 3"(4) (a) The department may issue a stop order to an operator, requiring an
4immediate cessation of mining, in whole or in part, at any time that the department
5determines that the continuance of mining constitutes an immediate and
6substantial threat to public health and safety or the environment.
SB1-SSA2-SA3,1,117 (b) If no hearing on the stop order was held before issuance of the order, the
8department shall schedule a hearing on the stop order, to be held within 5 days after
9issuance and shall incorporate notice of the hearing in the copy of the order served
10on the operator. The department also shall give notice to any other persons who
11previously requested notice of such proceedings.
SB1-SSA2-SA3,2,5
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-SSA2-SA3,2,86 (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.".
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