SB77-SSA1,1594,145
295.18
(2) Noncompliance; hearing. If the department determines under sub.
6(1) that a county, city, village or town is not in compliance with this subchapter and
7rules promulgated under this subchapter, the department shall
notify the county,
8city, village or town of that determination. If the department determines that a
9county, city, village or town has not come into compliance after notification, the
10department shall consult with the nonmetallic mining council. If the department
11decides to pursue the matter, it shall conduct a hearing, after 30 days' notice, in the
12county, city, village or town. As soon as practicable after the hearing, the department
13shall issue a written decision regarding compliance with this subchapter and rules
14promulgated under this subchapter.
SB77-SSA1,1595,816
295.18
(4) County noncompliance; consequences. If the department
17determines issues a written decision under sub. (2) that a county is not in compliance
18with this subchapter and rules promulgated under this subchapter, the department
19shall administer the nonmetallic mining reclamation program in that county,
20including the collection of fees, review and approval of plans, inspection of
21nonmetallic mining sites and enforcement
, except that the department may not
22administer the nonmetallic mining reclamation program in a city, village or town
23that enacted an ordinance that complies with s. 295.14 before the department made
24its determination under sub. (2) and is administering that ordinance. The county
25may apply to the department at any time to resume administration of the
1nonmetallic mining reclamation program. The department, after a hearing, may
2approve the county request to administer the nonmetallic mining reclamation
3program if the county demonstrates the capacity to comply with this subchapter and
4rules promulgated under this subchapter. No city, village or town may enact an
5ordinance
under s. 295.14 for and begin to implement a nonmetallic mining
6reclamation program during the time that the department administers the
7nonmetallic mining reclamation program in the county in which the city, village or
8town is located.
SB77-SSA1, s. 3773
9Section
3773. 295.19 (1) (intro.), (a), (b) and (c) of the statutes are amended
10to read:
SB77-SSA1,1595,1411
295.19
(1) Orders; enforcement. (intro.) The governing body of a county, city,
12village or town that has a
valid nonmetallic mining reclamation ordinance
that
13complies with s. 295.13 or 295.14, or an agent designated by that governing body,
14may do any of the following:
SB77-SSA1,1595,1915
(a) Issue
a compliance order, suspension order or termination an order
as
16authorized in requiring an operator to comply with, or to cease violating, this
17subchapter, rules promulgated under this subchapter, the nonmetallic mining
18reclamation ordinance
, a nonmetallic mining reclamation permit or an approved
19nonmetallic mining reclamation plan.
SB77-SSA1,1595,2220
(b)
Modify, suspend or revoke Issue an order suspending or revoking a
21nonmetallic mining
reclamation permit as authorized in the nonmetallic mining
22reclamation ordinance.
SB77-SSA1,1596,323
(c) Issue
a special an order directing
the immediate cessation of an operator to
24immediately cease an activity regulated under this subchapter
, under rules
25promulgated under this subchapter or under the nonmetallic mining reclamation
1ordinance until the necessary
nonmetallic mining reclamation plan approval is
2obtained
or until the nonmetallic mining site complies with the nonmetallic mining
3reclamation ordinance.
SB77-SSA1,1596,85
295.19
(2) Department orders. The department may issue
a special an order
6directing the immediate cessation of an activity regulated under this subchapter
7until the nonmetallic mining site complies with the nonmetallic mining reclamation
8standards established under s. 295.12 (1) (a).
SB77-SSA1,1596,1410
295.19
(3) (b) 1. Except for the violations enumerated in par. (a), any person
11who violates this subchapter or any rule promulgated or any plan approval
, license
12or special order issued under this subchapter shall forfeit not less than $10 nor more
13than $5,000 for each violation. Each day of continued violation is a separate offense.
14While
the an order is suspended, stayed or enjoined, this penalty does not accrue.
SB77-SSA1,1596,17
16295.20 (title)
Preservation of certain marketable nonmetallic mineral
17deposits.
SB77-SSA1, s. 3777
18Section
3777. 295.20 (1) of the statutes is renumbered 295.20 (1) (a) (intro.)
19and amended to read:
SB77-SSA1,1596,2320
295.20
(1) (a) (intro.) Beginning on
June 1,
1994 the effective date of this
21paragraph .... [revisor inserts date], a landowner may register land owned by that
22person
with each county in which the land is located if the under this section if all
23of the following apply:
SB77-SSA1,1597,2
241. The land has
an economically viable a marketable nonmetallic mineral
25deposit
, as evidenced by the certification of a professional geologist registered under
1s. 443.037 or a professional engineer registered under s. 443.04 and by any other
2information required under sub. (4).
SB77-SSA1,1597,7
3(c) The registration shall delineate the nonmetallic mineral deposit and
the
4necessary buffer areas under the nonmetallic mining reclamation ordinance. The
5landowner, as a condition of registration, shall submit evidence that a notation of the
6registration has been is valid only if recorded in the office of the register of deeds in
7each county in which the nonmetallic mineral deposit
or buffer area is located.
A
SB77-SSA1,1597,11
8(d) Except as provided under sub. (4) (d), a registration under this subsection
9may not be rescinded by the county or the landowner or his or her successors or
10assigns lasts for 10 years and may be renewed as provided in the rules under sub.
11(4) (e).
SB77-SSA1, s. 3778
12Section
3778. 295.20 (1) (a) 2. and 3. of the statutes are created to read:
SB77-SSA1,1597,1613
295.20
(1) (a) 2. The landowner notifies each county, city, village and town that
14has authority to zone the land of his or her intent to register the marketable
15nonmetallic mineral deposit. The notification shall include the evidence required
16under subd. 1.
SB77-SSA1,1597,1917
3. Nonmetallic mining is a permitted or conditional use for the land that is
18proposed to be registered under any zoning that is in effect on the day on which the
19landowner makes the notification under subd. 2.
SB77-SSA1,1598,221
295.20
(1) (b) A governmental unit that receives notification under par. (a) 2.
22may contest registration under this subsection, in the circuit court for a county in
23which the land is located, on the grounds that there is not a marketable nonmetallic
24mineral deposit on the land or that par. (a) 3. is not satisfied. The governmental unit
1has the burden of proving, by a preponderance of the evidence, that one of those
2grounds exists.
SB77-SSA1,1598,74
295.20
(1m) Previously registered deposits. Land registered under sub. (1)
5before the effective date of this subsection .... [revisor inserts date], shall remain
6registered for 10 years after the initial date of registration. The registration may be
7renewed as provided under sub. (4) (f).
SB77-SSA1, s. 3781
8Section
3781. 295.20 (2) of the statutes is renumbered 295.20 (2) (a) and
9amended to read:
SB77-SSA1,1598,1610
295.20
(2) (a) A county, city, village or town may not by zoning, rezoning,
11granting a variance, or other official action or inaction, permit the erection of
12permanent structures upon, or otherwise permit the use of, any
registered
13nonmetallic mineral deposit or registered buffer area land, while a registration
14under this section is in effect for that land, in a manner that would permanently
15interfere with the present or future extraction of the nonmetallic mineral deposit
or 16maintenance of the buffer area that is located on the land.
SB77-SSA1,1598,2218
295.20
(2) (b) 1. A county, city, village or town may enact an ordinance changing
19the zoning of land that is registered under this section if mining has not begun on
20any portion of the registered land and the ordinance is necessary to implement a
21master plan, comprehensive plan or land use plan that was adopted at least one year
22before the rezoning.
SB77-SSA1,1599,223
2. A zoning change authorized by subd. 1. does not apply to the registered land
24during the registration period in effect when the zoning ordinance takes effect or
1during the 10-year renewal period under sub. (4) (e) or (f) if the land is eligible for
2that renewal.
SB77-SSA1,1599,43
3. A zoning change authorized by subd. 1. prevents the registration of the land
4after the period under subd. 2.
SB77-SSA1, s. 3783
5Section
3783. 295.20 (3) (a) and (b) of the statutes are amended to read:
SB77-SSA1,1599,76
295.20
(3) (a) A use of land permissible under a zoning ordinance
in effect on
7the day before a mineral deposit
or buffer area is registered under sub. (1).
SB77-SSA1,1599,118
(b) Acquisition of a registered nonmetallic mineral deposit or registered buffer
9area by a county, city, village or town or other governmental unit for a public purpose
10if the use of the land does not permanently interfere with the extraction of
11nonmetallic minerals or maintenance of the buffer area.
SB77-SSA1,1599,1413
295.20
(4) Rules. The department shall promulgate rules that contain all of
14the following:
SB77-SSA1,1599,1515
(a) A definition of "marketable nonmetallic mineral deposit".
SB77-SSA1,1599,1716
(b) Procedures and requirements for registering land containing a marketable
17nonmetallic mineral deposit under sub. (1).
SB77-SSA1,1599,1918
(c) Procedures and criteria for objecting to the proposed registration of land
19containing a nonmetallic mineral deposit.
SB77-SSA1,1599,2120
(d) Procedures for terminating the registration of land under this section when
21there is no longer a marketable nonmetallic mineral deposit on the land.
SB77-SSA1,1600,222
(e) Procedures and criteria for renewing the registration of land under sub. (1).
23The rules shall allow renewal for one 10-year period without review of the
24marketability of the deposit or the zoning of the land, except that, if mining has
25begun on any portion of the registered land, the rules shall allow the person to renew
1the registration for an unlimited number of 10-year periods as long as active mining
2continues.
SB77-SSA1,1600,43
(f) Procedures and criteria for renewing the registration of land under sub.
4(1m).
SB77-SSA1,1600,75
(g) Criteria under which contiguous parcels of land owned by the same person
6and containing the same marketable nonmetallic mineral deposit may be included
7in one registration.
SB77-SSA1,1600,1210
299.15
(3) (cm) 2. In any fiscal year
after fiscal year 1992-93, the department
11may not charge total fees under par. (am) that exceed
the total fees that it charges
12under par. (am) for fiscal year 1992-93 $7,450,000.
SB77-SSA1,1600,15
14299.80 Environmental cooperation pilot program. (1) Definitions. In
15this section:
SB77-SSA1,1600,1716
(a) "Approval" means a permit, license or other approval issued by the
17department under chs. 280 to 295.
SB77-SSA1,1600,1818
(b) "Cooperative agreement" means an agreement entered into under sub. (6).
SB77-SSA1,1600,2319
(c) "Environmental management system" means an organized set of
20procedures implemented by the owner or operator of a facility to evaluate the
21environmental performance of the facility and to achieve measurable or noticeable
22improvements in that environmental performance through planning and changes in
23the facility's operations.
SB77-SSA1,1601,3
1(d) "Environmental performance" means the effects, whether regulated under
2chs. 280 to 295 or unregulated, of a facility on air, water, land, natural resources and
3human health.
SB77-SSA1,1601,54
(e) "Facility" means all buildings, equipment and structures located on a single
5parcel or on adjacent parcels that are owned or operated by the same person.
SB77-SSA1,1601,86
(f) "Interested person" means a person who is or may be affected by the
7activities at a facility that is covered or proposed to be covered by a cooperative
8agreement or a representative of such a person.
SB77-SSA1,1601,149
(g) "Performance evaluation" means a systematic, documented and objective
10review, conducted by or on behalf of the owner or operator of a facility, of the
11environmental performance of the facility, including an evaluation of compliance
12with the cooperative agreement covering the facility, approvals that are not replaced
13by the cooperative agreement and the provisions of chs. 280 to 295 and rules
14promulgated under those chapters for which a variance is not granted under sub. (4).
SB77-SSA1,1601,1515
(h) "Pollutant" means any of the following:
SB77-SSA1,1601,1916
1. Any dredged spoil, solid waste, incinerator residue, sewage, garbage, refuse,
17oil, sewage sludge, munitions, chemical wastes, biological materials, radioactive
18substance, heat, wrecked or discarded equipment, rock, sand, cellar dirt or
19industrial, municipal or agricultural waste discharged into water or onto land.
SB77-SSA1,1601,2220
2. Any dust, fumes, mist, liquid, smoke, other particulate matter, vapor, gas,
21odorous substances or any combination of those things emitted into the air, but not
22uncombined water vapor.
SB77-SSA1,1602,223
(i) "Violation" means a violation of a cooperative agreement, of an approval that
24is not replaced by the cooperative agreement or of a provision of chs. 280 to 295 and
1rules promulgated under those chapters for which a participant has not received a
2variance under sub. (4).
SB77-SSA1,1602,6
3(2) Pilot program. The department shall administer a pilot program under
4which it enters into not more than 10 cooperative agreements to evaluate innovative
5environmental regulatory methods. In administering the program, the department
6shall do all of the following:
SB77-SSA1,1602,97
(a) Provide at least the same level of protection of public health and the
8environment as provided by the environmental regulatory methods under chs. 280
9to 295.
SB77-SSA1,1602,1110
(b) Encourage facility owners and operators to systematically assess the
11pollution that they cause, directly and indirectly, to the air, water and land.
SB77-SSA1,1602,1412
(c) Encourage facility owners and operators to implement efficient and cost-
13effective pollution reduction strategies for their facilities, while complying with
14verifiable and enforceable pollution limits.
SB77-SSA1,1602,2115
(d) Encourage facility owners and operators to achieve superior environmental
16performance, both with respect to the effects of a facility that are regulated under
17chs. 280 to 295 and those effects that are unregulated, to reduce usage of natural
18resources, to minimize transfers of waste discharges among air, water and land and
19to reduce waste generation, while achieving a balance among the economic, social
20and environmental impacts of these efforts that is acceptable to the community in
21which the facility is located.
SB77-SSA1,1602,2522
(e) Recognize and reward facility owners and operators who have
23demonstrated excellence and leadership in environmental stewardship or pollution
24prevention and who can achieve reductions in emissions and waste generation
25through implementation of innovative measures.
SB77-SSA1,1603,2
1(f) Encourage the transfer of information about methods for improving
2environmental performance and the adoption of these methods by others.
SB77-SSA1,1603,53
(g) Consolidate into a cooperative agreement environmental requirements
4relating to a facility owned or operated by a participant that are otherwise included
5in separate approvals to the extent that consolidation is practical and efficient.
SB77-SSA1,1603,86
(h) Grant the owners and operators of facilities greater flexibility than would
7otherwise be allowed under chs. 280 to 295 and rules promulgated under those
8chapters.
SB77-SSA1,1603,119
(i) Seek to reduce the time and money spent by government and owners and
10operators of facilities on paperwork and other administrative tasks that do not result
11in benefits to the environment.
SB77-SSA1,1603,1412
(j) Encourage public participation, and consensus among interested persons,
13in the development of innovative environmental regulatory methods and in
14monitoring the environmental performance of projects under this section.
SB77-SSA1,1603,1615
(k) Seek to improve the provision of useful information to the public about the
16environmental and human health impacts of facilities on communities.
SB77-SSA1,1603,1817
(L) Provide public access to information about performance evaluations
18conducted by participants in the program under this section.
SB77-SSA1,1603,2019
(m) Encourage facility owners and operators and communities to work together
20to reduce pollution to levels below the levels required under chs. 280 to 295.
SB77-SSA1,1603,2421
(n) Seek to increase trust among government, facility owners and operators
22and the public through open communication and support of early and credible
23resolution of conflicts over issues concerning the environment and environmental
24regulation.
SB77-SSA1,1604,2
1(3) Content of cooperative agreements. A cooperative agreement shall do all
2of the following:
SB77-SSA1,1604,43
(a) Identify the facility or facilities, the activities and the pollutants that are
4covered by the cooperative agreement.
SB77-SSA1,1604,65
(b) Specify any approvals and provisions of approvals that are replaced by the
6cooperative agreement.
SB77-SSA1,1604,127
(c) Commit the participant to implement an environmental management
8system that is based on the standards for environmental management systems
9issued by the International Organization for Standardization, or an alternative
10environmental management system that is acceptable to the department, at the
11covered facilities and commit the participant to documenting the environmental
12management system.
SB77-SSA1,1604,1713
(d) Commit the participant to superior environmental performance, to
14achieving measurable or noticeable improvements in environmental performance,
15to reducing natural resource usage and to reducing waste generation, while
16achieving a balance among the economic, social and environmental impacts of these
17efforts that is acceptable to the community in which the facility is located.
SB77-SSA1,1604,1818
(e) Specify waste reduction goals in measurable and verifiable terms.
SB77-SSA1,1604,2319
(f) Identify changes in raw materials, in the design, methods of production,
20distribution or uses of products or in the reuse, recycling or disposal of materials that
21the participant will implement to achieve process efficiencies, to reduce the pollution
22of the air, water and land and to reduce water use, energy use or indoor chemical
23exposure.
SB77-SSA1,1605,3
1(g) Contain pollution limits that are verifiable, enforceable and at least as
2stringent as the pollution limits under chs. 280 to 295 and rules promulgated under
3those chapters.
SB77-SSA1,1605,54
(h) Describe the operational flexibility granted to the participant and any
5variances granted under sub. (4).
SB77-SSA1,1605,76
(i) Contain the requirements that would be included in any approvals that are
7replaced by the cooperative agreement, as modified under pars. (g) and (h).
SB77-SSA1,1605,108
(j) Require the participant to submit a baseline performance evaluation within
9180 days of the date that the cooperative agreement is entered into and to update the
10performance evaluation periodically.
SB77-SSA1,1605,1211
(k) Require the participant to report any violations discovered during a
12performance evaluation as required in sub. (12).
SB77-SSA1,1605,1813
(L) Ensure that members of the interested persons group, established as
14required under sub. (5) (b), have the opportunity to comment on the participant's
15environmental management system and are involved in reviewing the participant's
16performance under the cooperative agreement and require a process that seeks
17consensus between the participant and interested persons over issues concerning
18that performance.
SB77-SSA1,1605,2019
(m) Require the participant to assist interested persons to understand the
20implementation of the cooperative agreement.