SB622,318,13
9(3) Any person holding a prospecting or mining permit who violates
ss. 144.80
10to 144.93 this chapter or any order issued or rule adopted under
ss. 144.80 to 144.93 11this chapter shall forfeit not less than $10 nor more than $10,000 for each violation.
12Each day of violation is a separate offense. If the violations continue after an order
13to cease has been issued, the permit shall be revoked.
SB622, s. 797
14Section
797. 144.935 of the statutes is renumbered 293.89, and 293.89 (1) (a)
15and (b) and (3), as renumbered, are amended to read:
SB622,318,1716
293.89
(1) (a) Against any person who is alleged to be in violation of
ss. 144.80
17to 144.94 this chapter.
SB622,318,2018
(b) Against the department where there is alleged to be a failure of the
19department to perform any act or duty under
ss. 144.80 to 144.94 this chapter which
20is not discretionary with the department.
SB622,319,3
21(3) The court, in issuing any final order in any action brought under this
22section, shall award costs of litigation including reasonable attorney and expert
23witness fees to the plaintiff if he or she prevails, and the court may do so if it
24determines that the outcome of the controversy is consistent with the relief sought
25by the plaintiff irrespective of the formal disposition of the civil action. In addition,
1the court shall award treble damages to any plaintiff proving damages caused by a
2person mining without a permit or wilfully violating
ss. 144.80 to 144.94 this chapter 3or any permits or orders issued under
ss. 144.80 to 144.94 this chapter.
SB622, s. 798
4Section
798. 144.937 of the statutes is renumbered 293.93 and amended to
5read:
SB622,319,11
6293.93 Effect of other statutes. If there is a standard under other state or
7federal statutes or rules which specifically regulates in whole an activity also
8regulated under
ss. 144.80 to 144.94 this chapter the other state or federal statutes
9or rules shall be the controlling standard. If the other state or federal statute or rule
10only specifically regulates the activity in part, it shall only be controlling as to that
11part.
SB622, s. 799
12Section
799. 144.94 of the statutes is renumbered 293.95 and amended to
13read:
SB622,319,15
14293.95 Review. Any person aggrieved by any decision of the department
15under
ss. 144.80 to 144.937 this chapter may obtain its review under ch. 227.
SB622, s. 800
16Section
800. 144.9407 (title) of the statutes is repealed.
SB622, s. 801
17Section
801. 144.9407 (1) (intro.), (a), (b), (c), (d), (e) and (f) of the statutes are
18renumbered 295.11 (intro.), (3), (4), (5), (6), (7) and (9), and 295.11 (intro.), as
19renumbered, is amended to read:
SB622,319,20
20295.11 Definitions. (intro.) In this
section subchapter:
SB622, s. 802
21Section
802. 144.9407 (2) of the statutes is renumbered 295.12, and 295.12 (1)
22(b) and (d), (2) (a) and (e) and (3) (intro.), (a), (b), (e) (intro.), (f) and (k), as renumbered,
23are amended to read:
SB622,319,2524
295.12
(1) (b) Provisions for the administration of this
section subchapter by
25the department.
SB622,320,2
1(d) The text of a nonmetallic mining reclamation ordinance that conforms with
2this
section subchapter.
SB622,320,5
3(2) (a) The department shall establish nonmetallic mining reclamation
4standards under
par. (a) 1. sub. (1) (a) that are applicable both during nonmetallic
5mining and after the termination of nonmetallic mining.
SB622,320,126
(e) Standards for those portions of a nonmetallic site that are mined before the
7effective date of the ordinance shall only include those minimal requirements
8necessary for the stabilization of soil conditions, establishment of vegetative cover
9and the prevention of environmental pollution. If additional nonmetallic mining
10takes place on a portion of a site that was mined before the effective date of the
11ordinance, that portion of the site shall be subject to the standards under
subd. 3. par.
12(d) and the remainder of the site shall be subject to this
subdivision paragraph.
SB622,320,14
13(3) Text of ordinance. (intro.) The text of the nonmetallic mining reclamation
14ordinance under
par. (a) 3. sub. (1) (d) shall include all of the following:
SB622,320,1615
(a) Nonmetallic mining reclamation standards that are identical to the
16standards established under
par. (a) 1. sub. (1) (a).
SB622,321,317
(b) A requirement for the operator to submit a nonmetallic mining operation
18plan including maps, information about the nonmetallic mining site, a description
19of the proposed nonmetallic mining including methods and procedures to be used and
20a proposed timetable for completion of various stages of the nonmetallic mining. The
21operation plan shall be designed to assure successful nonmetallic mining
22reclamation consistent with the standards in
par. (am) 3. and 4. sub. (2) (d) and (e),
23to minimize the costs of nonmetallic mining reclamation and, to the extent
24practicable, to minimize the area disturbed by the nonmetallic mining at any time
25and to provide for continuous nonmetallic mining reclamation. For those portions
1of a nonmetallic site mined on or after the effective date of the ordinance, the
2operation plan shall provide for buffer areas on the nonmetallic mining site to assure
3appropriate final slopes after nonmetallic mining reclamation.
SB622,321,74
(e) (intro.) A provision imposing annual fees as determined by the department
5for the administration of
sub. (7) s. 295.18 and imposing annual fees as determined
6by the county, city, village or town that shall, as closely as possible, equal the cost of
7all of the following:
SB622,321,118
(f) A requirement for an expedited review process if the applicant pays an
9additional fee as determined by the county, city, village or town under
subd. 5. par.
10(e) or if the applicant requires a permit under this
section subchapter to perform
11services under contract with a city, village, town, county or other governmental unit.
SB622,321,1212
(k) A provision for penalties consistent with
sub. (8) (c) s. 295.19 (3).
SB622, s. 803
13Section
803. 144.9407 (3) of the statutes is renumbered 295.13 and amended
14to read:
SB622,321,21
15295.13 Mandatory enactment and administration of ordinance. (1) 16Requirement to enact and administer ordinance. Within 6 months after the
17effective date of the rules under
sub. (2) (a) s. 295.12 (1), each county shall enact a
18nonmetallic mining reclamation ordinance, the text of which is in strict conformity
19with the text of the ordinance established under
sub. (2) (a) 3. s. 295.12 (1) (d), except
20as provided in
par. (b) sub. (2). This ordinance may be enacted separately from an
21ordinance enacted under s. 59.97.
SB622,322,8
22(2) Preexisting county ordinances. Any county with a nonmetallic mining
23reclamation ordinance in effect on the June 1, 1993, may maintain and administer
24that ordinance if the department reviews the existing ordinance and determines that
25it is at least as restrictive as the ordinance established under
sub. (2) (a) 3. s. 295.12
1(1) (d). If the department determines that any part of the existing ordinance is not
2as restrictive as the ordinance established under
sub. (2) (a) 3. s. 295.12 (1) (d), the
3county may amend the ordinance and submit the amended ordinance to the
4department for approval. After obtaining the approval of the department under this
5paragraph subsection, the county may not amend the ordinance to make it more
6restrictive. After obtaining the approval of the department under this
paragraph 7subsection, the county may not amend the ordinance to make it less restrictive than
8the ordinance established under
sub. (2) (a) 3. s. 295.12 (1) (d).
SB622,322,12
9(3) Applicability of county ordinance. The ordinance under
par. (a) or (b) sub.
10(1) or (2) applies to the entire area of the county, except for cities, villages and towns
11that enact and administer a nonmetallic mining reclamation ordinance under
sub.
12(4) s. 295.14.
SB622, s. 804
13Section
804. 144.9407 (4) of the statutes is renumbered 295.14 and amended
14to read:
SB622,322,21
15295.14 Authority to enact and administer ordinance. (1) Authority to
16enact and administer ordinance. A city, village or town may enact and administer
17a nonmetallic mining reclamation ordinance, the text of which is in strict conformity
18with the text of the ordinance under
sub. (2) (a) 3.
s. 295.12 (1) (d). Except as provided
19in
par. (b) sub. (2), a city, village or town may not administer a nonmetallic mining
20reclamation ordinance, the text of which is not in strict conformity with the text of
21the ordinance under
sub. (2) (a) 3. s. 295.12 (1) (d).
SB622,323,9
22(2) Preexisting municipal ordinances. A city, village or town with a
23nonmetallic mining reclamation ordinance in effect on June 1, 1993, may maintain
24and administer that ordinance if the department reviews the existing ordinance and
25determines that it is at least as restrictive as the ordinance established under
sub.
1(2) (a) 3. s. 295.12 (1) (d). If the department determines that any part of the existing
2ordinance is not as restrictive as the ordinance established under
sub. (2) (a) 3. s.
3295.12 (1) (d), the city, village or town may amend the ordinance and submit the
4amended ordinance to the department for approval. After obtaining the approval of
5the department under this
paragraph subsection, the city, village or town may not
6amend the ordinance to make it more restrictive. After obtaining the approval of the
7department under this
paragraph subsection, the city, village or town may not
8amend the ordinance to make it less restrictive than the ordinance established under
9sub. (2) (a) 3. s. 295.12 (1) (d).
SB622, s. 805
10Section
805. 144.9407 (4m) of the statutes is renumbered 295.15 and amended
11to read:
SB622,323,17
12295.15 Fees. A county or a city, village or town with a nonmetallic mining
13reclamation ordinance shall collect the fee established under
sub. (2) (b) 5. s. 295.12
14(3) (e) and shall forward the state's portion of the fee to the department within 90
15days after collecting the fee. A county or a city, village or town with a nonmetallic
16mining reclamation ordinance shall use the revenues from its portion of the fees only
17for the administration of the nonmetallic mining reclamation ordinance.
SB622, s. 806
18Section
806. 144.9407 (5) of the statutes is renumbered 295.16, and 295.16 (1),
19(2), (3) (a) and (4) (intro.), (f) and (g), as renumbered, are amended to read:
SB622,323,2420
295.16
(1) Existing nonmetallic mining. A nonmetallic mining reclamation
21ordinance and the standards established under
sub. (2) (a) 1. s. 295.12 (1) (a) apply
22to all portions of a nonmetallic mining site, including unreclaimed portions of a
23nonmetallic mining site that relate to nonmetallic mining that occurred before the
24effective date of the ordinance.
SB622,324,5
1(2) Nonmetallic mining in or near navigable waterways. A nonmetallic mining
2reclamation ordinance and the standards established under
sub. (2) (a) 1. s. 295.12
3(1) (a) do not apply to any nonmetallic mining site or portion of a nonmetallic mining
4site that is subject to permit and reclamation requirements of the department under
5ss. 30.19, 30.195, 30.20, 30.30 and 30.31.
SB622,324,12
6(3) (a) The standards established under
sub. (2) (a) 1. s. 295.12 (1) (a) and,
7except as provided in
subd. 2. par. (b), a nonmetallic mining reclamation ordinance
8apply to nonmetallic mining conducted by or on behalf of the state or a municipality.
9Notwithstanding s. 13.48 (13), nonmetallic mining operated for the benefit or use of
10the state or any state agency, board, commission or department shall comply with the
11permit requirements and nonmetallic mining reclamation standards of any
12applicable nonmetallic mining reclamation ordinance.
SB622,324,15
13(4) Exempt activities. (intro.) A nonmetallic mining reclamation ordinance
14and the standards established under
sub. (2) (a) 1.
s. 295.12 (1) (a) do not apply to
15the following activities:
SB622,324,1716
(f) Any mining operation, the reclamation of which is required in a permit
17obtained under
ss. 144.80 to 144.94 ch. 293.
SB622,325,218
(g) Any activities conducted at a solid waste or hazardous waste disposal site
19required to prepare, operate or close a solid waste disposal facility under
ss. 144.435
20to 144.445 subchs. II to IV of ch. 289 or a hazardous waste disposal facility under
ss.
21144.60 to 144.74 ch. 291, but a nonmetallic mining reclamation ordinance and the
22standards established under
sub. (2) (a) 1. s. 295.12 (1) (a) apply to activities related
23to solid waste or hazardous waste disposal that are conducted at a nonmetallic
24mining site that is not part of the solid waste or hazardous waste disposal facility
1such as activities to obtain nonmetallic minerals to be used for lining, capping,
2covering or constructing berms, dikes or roads.
SB622, s. 807
3Section
807. 144.9407 (6) (title) of the statutes is renumbered 295.17 (title).
SB622, s. 808
4Section
808. 144.9407 (6) of the statutes is renumbered 295.17 (1).
SB622, s. 809
5Section
809. 144.9407 (7) of the statutes is renumbered 295.18, and 295.18 (1)
6(intro.), (b) and (c) and (2) to (4), as renumbered, are amended to read:
SB622,325,117
295.18
(1) Review. (intro.)
The department shall review the nonmetallic
8mining reclamation program under this
section subchapter of each county and each
9city, village or town that exercises jurisdiction under this
section subchapter to
10ascertain compliance with this
section subchapter and the rules promulgated under
11this
section subchapter. This review shall include all of the following:
SB622,325,1412
(b) Verification, by on-site inspections, of county, city, village or town
13compliance with this
section subchapter and rules promulgated under this
section 14subchapter.
SB622,325,1715
(c) A written determination by the department, issued every 3 years, of whether
16or not the county, city, village or town is in compliance with this
section subchapter 17and rules promulgated under this
section subchapter.
SB622,325,24
18(2) Noncompliance; hearing. If the department determines under
par. (a) sub.
19(1) that a county, city, village or town is not in compliance with this
section 20subchapter and rules promulgated under this
section subchapter, the department
21shall conduct a hearing, after 30 days' notice, in the county, city, village or town. As
22soon as practicable after the hearing, the department shall issue a written decision
23regarding compliance with this
section subchapter and rules promulgated under this
24section subchapter.
SB622,326,13
1(3) Municipal noncompliance; consequences. If the department determines
2under
par. (b) sub. (2) that a city, village or town is not in compliance with this
section 3subchapter and rules promulgated under this
section subchapter, the city, village or
4town may not administer the nonmetallic mining reclamation program. The county
5nonmetallic mining reclamation ordinance applies to that city, village or town and
6the county shall administer the nonmetallic mining reclamation program in that
7city, village or town. The city, village or town may apply to the department to resume
8its authority to administer the nonmetallic mining reclamation program, but not
9sooner than 3 years after the department issues a decision under
par. (b) sub. (2).
10The department, after a hearing, may approve the city, village or town request to
11administer the nonmetallic mining reclamation program if the city, village or town
12demonstrates the capacity to comply with this
section
subchapter and rules
13promulgated under this
section subchapter.
SB622,327,2
14(4) County noncompliance; consequences. If the department determines
15under
par. (b) sub. (2) that a county is not in compliance with this
section subchapter 16and rules promulgated under this
section subchapter, the department shall
17administer the nonmetallic mining reclamation program in that county, including
18the collection of fees, review and approval of plans, inspection of nonmetallic mining
19sites and enforcement. The county may apply to the department at any time to
20resume administration of the nonmetallic mining reclamation program. The
21department, after a hearing, may approve the county request to administer the
22nonmetallic mining reclamation program if the county demonstrates the capacity to
23comply with this
section subchapter and rules promulgated under this
section 24subchapter. No city, village or town may enact an ordinance under
sub. (4) s. 295.14
1during the time that the department administers the nonmetallic mining
2reclamation program in the county in which the city, village or town is located.
SB622, s. 810
3Section
810. 144.9407 (8) of the statutes is renumbered 295.19, and 295.19 (1)
4(c), (2) and (3), as renumbered, are amended to read:
SB622,327,85
295.19
(1) (c) Issue a special order directing the immediate cessation of an
6activity regulated under this
section subchapter until the necessary plan approval
7is obtained or until the nonmetallic mining site complies with the nonmetallic
8mining reclamation ordinance.
SB622,327,12
9(2) Department orders. The department may issue a special order directing
10the immediate cessation of an activity regulated under this
section subchapter until
11the nonmetallic mining site complies with the nonmetallic mining reclamation
12standards established under
sub. (2) (a) 1. s. 295.12 (1) (a).
SB622,327,17
13(3) Penalties. (a) Any person who violates the rules promulgated under
sub.
14(2) (a) 1. s. 295.12 (1) (a) or an order issued under
par. (b) sub. (2) may be required
15to forfeit not less than $25 nor more than $1,000 for each violation. Each day of
16continued violation is a separate offense. While an order issued under this
section 17subchapter is suspended, stayed or enjoined, this penalty does not accrue.
SB622, s. 811
18Section
811. 144.9407 (9) of the statutes is renumbered 295.20, and 295.20 (1)
19and (3) (intro.) and (a), as renumbered, are amended to read:
SB622,328,420
295.20
(1) Registration. Beginning on June 1, 1994, a landowner may register
21land owned by that person with each county in which the land is located if the land
22has an economically viable nonmetallic mineral deposit. The registration shall
23delineate the nonmetallic mineral deposit and the necessary buffer areas under the
24nonmetallic mining reclamation ordinance. The landowner, as a condition of
25registration, shall submit evidence that a notation of the registration has been
1recorded in the office of the register of deeds in each county in which the nonmetallic
2mineral deposit or buffer area is located. A registration under this
paragraph 3subsection may not be rescinded by the county or the landowner or his or her
4successors or assigns.
SB622,328,6
5(3) Exceptions. (intro.) Nothing in this
subsection section shall be construed
6to prohibit the following:
SB622,328,87
(a) A use of land permissible under a zoning ordinance on the day before a
8mineral deposit or buffer area is registered under
par. (a) sub. (1).
SB622, s. 812
9Section
812. Subchapter VI (title) of chapter 144 [precedes 144.941] of the
10statutes is renumbered subchapter II (title) of chapter 295 [precedes 295.31].
SB622, s. 813
11Section
813. 144.941 (intro.), (1), (1g), (1m), (1s), (2) and (3) of the statutes are
12renumbered 295.31 (intro.), (2), (3), (4), (6), (7) and (8m), and 295.31 (intro.), as
13renumbered, is amended to read:
SB622,328,15
14295.31 Definitions; oil and gas. (intro.) In
ss. 144.941 to 144.944 this
15subchapter:
SB622, s. 814
16Section
814. 144.942 of the statutes is renumbered 295.33.
SB622, s. 815
17Section
815. 144.943 of the statutes is renumbered 295.35, and 295.35 (1) (b)
18and (d) and (5) (a), as renumbered, are amended to read:
SB622,328,2219
295.35
(1) (b) Submit any information necessary for the department to
20determine whether the proposed exploration, production and site reclamation will
21comply with
ss. 144.941 to 144.944 this subchapter and rules promulgated under
22those sections this subchapter.
SB622,328,2523
(d) File with the department a bond conditioned on the faithful performance
24of all of the requirements of
ss. 144.941 to 144.944
this subchapter and rules
25promulgated under
those sections this subchapter.
SB622,329,3
1(5) (a) That the applicant has violated and continues to fail to comply with
ss.
2144.941 to 144.944 this subchapter or any rule promulgated under
those sections this
3subchapter.
SB622, s. 816
4Section
816. 144.944 of the statutes is renumbered 295.37 and amended to
5read:
SB622,329,11
6295.37 Penalties; oil and gas. (1) Any person who makes or causes to be
7made in an application or report required under
ss. 144.941 to 144.944 this
8subchapter a statement known to the person to be false or misleading in any material
9respect or who refuses to submit information required by the department under
ss.
10144.941 to 144.944 this subchapter may be fined not less than $1,000 nor more than
11$5,000.
SB622,329,15
12(2) Any person who violates
ss. 144.941 to 144.944 this subchapter or any order
13issued or rule promulgated under
ss. 144.941 to 144.944 this subchapter may be
14required to forfeit not less than $1,000 nor more than $10,000 for each violation.
15Each day of violation is a separate offense.
SB622,329,24
16(3) (a) If a person makes or causes to be made in an application or report
17required under
ss. 144.941 to 144.944 this subchapter a statement known to the
18person to be false or misleading and that statement is material to the issuance of an
19exploration or production license, the department may revoke the license. If a person
20holding an exploration or production license repeatedly makes or causes to be made
21in an application or report required under
ss. 144.941 to 144.944 this subchapter a
22statement known to the person to be false or misleading in any material respect or
23refuses to submit information required by the department under
ss. 144.941 to
24144.944 this subchapter, the department may revoke the license.
SB622,330,3
1(b) If a person holding an exploration or production license continues to violate
2ss. 144.941 to 144.944 this subchapter after the department has issued an order to
3cease those violations, the department shall revoke the license.
SB622,330,8
4(4) Any oil or gas produced in violation of
ss. 144.941 to 144.944 this subchapter 5or any order issued or rule promulgated under
ss. 144.941 to 144.944 this subchapter,
6or any product manufactured from that oil or gas, is subject to confiscation. The
7department may seize that oil, gas or products and request the department of justice
8to commence an action to confiscate the oil, gas or products.
SB622, s. 817
9Section
817. Subchapter VII (title) of chapter 144 [precedes 144.95] of the
10statutes is repealed.
SB622, s. 818
11Section
818. 144.95 of the statutes, as affected by
1995 Wisconsin Act 27, is
12renumbered 299.11, and 299.11 (1) (d) 1. to 4., 6. and 8. and (7) (b) 1., as renumbered,
13are amended to read:
SB622,330,1614
299.11
(1) (d) 1. A feasibility report, plan of operation or the condition of any
15license issued for a solid waste facility under
s. 144.44 (2), (3) and (4) subch. III of ch.
16289, or hazardous waste facility under s.
144.64 (2) (am) and (b) 291.25 (2) and (3).
SB622,330,1717
2. An application for a mining permit under s.
144.85 (3) 293.37 (2).
SB622,330,1918
3. Monitoring required by terms and conditions of a permit issued under ch.
147 19283.
SB622,330,2120
4. The replacement of a well or provision of alternative water supplies under
21s.
144.027 281.75 or
144.265 281.77.
SB622,330,2322
6. The management or enforcement of the safe drinking water program under
23s.
144.025 (2) (t) or 162.03 280.13 (1) (b) and (d)
or 281.17 (8).
SB622,330,2524
8. An investigation of a discharge of a hazardous substance under s.
144.76 25292.11.
SB622,331,11
1(7) (b) 1. `Accepted methodology.' The department shall prescribe by rule the
2accepted methodology to be followed in conducting tests in each test category. The
3department may prescribe by rule accepted sampling protocols and documentation
4procedures for a specified test category to be followed by the person collecting the
5samples. The department may prescribe this methodology by reference to standards
6established by technical societies and organizations as authorized under s. 227.21
7(2). The department shall attempt to prescribe this methodology so that it is
8consistent with any methodology requirements under the resource conservation and
9recovery act, as defined under s.
144.43 (4g) 289.01 (30), the federal water pollution
10control act, as amended,
33 USC 1251 to
1376, the safe drinking water act,
42 USC
11300f to
300j-10, or the toxic substance control act,
15 USC 2601 to
2629.
SB622, s. 819
12Section
819. 144.951 of the statutes is renumbered 299.31.
SB622, s. 820
13Section
820. 144.955 of the statutes, as affected by
1995 Wisconsin Act 27, is
14renumbered 299.13, and 299.13 (1) (d) and (g), as renumbered, are amended to read:
SB622,331,1615
299.13
(1) (d) "Hazardous waste" has the meaning given in s.
144.43 (2) 289.01
16(12).
SB622,331,1717
(g) "Toxic pollutants" has the meaning given in s.
147.015 283.01 (17).
SB622, s. 821
18Section
821. Subchapter VIII (title) of chapter 144 [precedes 144.96] of the
19statutes is repealed.
SB622, s. 822
20Section
822. 144.96 of the statutes is renumbered 299.15, and 299.15 (3) (am)
213., as renumbered, is amended to read:
SB622,332,422
299.15
(3) (am) 3. After June 30, 1992, the fee under this paragraph shall be
23paid by each person required to obtain a permit under s.
147.02 283.31. After June
2430, 1992, the fee to be paid by a person under this paragraph shall be an amount
25determined under a rule promulgated by the department and shall be based on those
1pollutants included in the permit under s.
147.02 283.31 that are specified by the
2department by rule, the environmental harm caused by the pollutants discharged,
3the quantity of the pollutants discharged and the quality of the water receiving the
4discharge.
SB622, s. 823
5Section
823. 144.965 of the statutes is renumbered 299.21.
SB622, s. 825
8Section
825. 144.97 of the statutes is renumbered 299.23 and amended to
9read: