AB100-engrossed,1819,75
295.12
(3) (title)
Text of ordinance Program requirements. (intro.) The
text
6of the nonmetallic mining reclamation ordinance under rules required by sub. (1)
(d) 7(c) shall include all of the following:
AB100-engrossed,1819,2110
295.12
(3) (c) A requirement for the operator to submit a nonmetallic mining
11reclamation plan including maps, information about the nonmetallic mining site,
a
12proposed land use for which the nonmetallic mining site will be rehabilitated after
13the nonmetallic mining is completed, a description of the proposed nonmetallic
14mining reclamation including methods and procedures to be used and a proposed
15timetable for completion of various stages of the nonmetallic mining reclamation.
16The reclamation plan shall be designed to ensure successful nonmetallic mining
17reclamation consistent with the standards under sub. (1) (a), to minimize the costs
18of nonmetallic mining reclamation and, to the extent practicable, to minimize the
19area disturbed by nonmetallic mining at one time and provide for nonmetallic mining
20reclamation of portions of the nonmetallic mining site while nonmetallic mining
21continues on other portions of the nonmetallic mining site.
AB100-engrossed,1820,2323
295.12
(3) (d) A requirement for the operator to obtain a nonmetallic mining
24reclamation permit in order to engage in nonmetallic mining or in nonmetallic
25mining reclamation; a requirement for a
5-year permit term
unless a shorter permit
1term is requested by the applicant; standards equal to the period during which
2nonmetallic mining is conducted; procedures for the issuance,
renewal, modification,
3suspension or revocation of the
reclamation permit; a requirement for public notice
4and an opportunity for a public
informational hearing before issuance
, renewal,
5modification, suspension or revocation of the or modification of a reclamation permit
;
6a requirement to conduct a public hearing on the issuance, renewal or modification
7of a permit, if requested within 30 days after receipt of the nonmetallic mining
8operation and reclamation plan; for a nonmetallic mine that is not in operation before
9the date specified under par. (dm); notwithstanding ss. 68.001, 68.03 (8) and (9),
1068.06 and 68.10 (1) (b), a right for any person who meets the requirements of s. 227.42
11(1) to
obtain a contested case hearing under
ch. 68 s. 68.11 on the issuance,
renewal, 12modification
, suspension or revocation or denial of a
reclamation permit
and for a
13person holding a reclamation permit to a contested case hearing under s. 68.11 to
14contest an order issued under s. 295.19 (1); a requirement for cooperative issuance
15of a single
reclamation permit if more than one county or municipality has
16jurisdiction over the nonmetallic mining site;
a requirement for issuance of a single
17permit for all nonmetallic mining sites operated by the same person in a county or
18municipality, with nonmetallic mining sites to be added or deleted by permit
19modification and with separate permit conditions, fees and financial assurance for
20each nonmetallic mining site; and a requirement that action approving, denying or
21conditionally approving a
reclamation permit be taken within 90 days after receipt
22of the
mining operation and mining reclamation
plans plan or, if a public
23informational hearing is held, within 60 days after the close of the public hearing.
AB100-engrossed,1821,3
1295.12
(3) (de) Except as provided in par. (dm), a prohibition on issuance of a
2reclamation permit before approval of the nonmetallic mining reclamation plan
3under par. (c) by the county, city, village or town operating the program.
AB100-engrossed,1821,115
295.12
(3) (dm) A requirement that, when an operator submits an application
6for a reclamation permit for a nonmetallic mine that is operating before a date
7specified by the department in the rule, the county, city, village or town issue the
8permit on the condition that the operator submit a nonmetallic mining reclamation
9plan under par. (c) that complies with the rules under par. (c) by a deadline
10established by the county, city, village or town. The deadline shall be from 1 to 3 years
11after the date of application.
AB100-engrossed,1821,1513
295.12
(3) (ds)
A requirement that the county, city, village or town issue a
14reclamation permit on the condition that the operator submit proof of financial
15responsibility in accordance with par. (g) within a time specified by the rule.
AB100-engrossed, s. 3751
16Section
3751. 295.12 (3) (e) of the statutes is renumbered 295.12 (3) (e) 1., and
17295.12 (3) (e) 1. a. and b., as renumbered, are amended to read:
AB100-engrossed,1821,1918
295.12
(3) (e) 1. a. The examination and approval of
operation plans and 19nonmetallic mining reclamation plans.
AB100-engrossed,1821,2020
b. The inspection of
nonmetallic mining and nonmetallic mining reclamation.
AB100-engrossed,1821,2322
295.12
(3) (e) 2. A prohibition on basing the fees under subd. 1. on any portion
23of a nonmetallic mining site that has been reclaimed when the fees are imposed.
AB100-engrossed,1822,8
1295.12
(3) (g) A requirement for the operator to provide a bond, deposit of funds,
2established escrow account, letter of credit, demonstration of financial responsibility
3by meeting net worth requirements or other form of financial assurance conditioned
4on the faithful performance of all of the requirements of
the nonmetallic mining
5reclamation ordinance rules promulgated under this section. The rules shall
6authorize a county, city, village or town to reduce the amount of financial assurance
7that an operator is required to provide based on nonmetallic mining reclamation that
8the operator performs while the nonmetallic mine continues to operate.
AB100-engrossed,1822,1810
295.12
(3) (h) Provisions to restrict
nonmetallic mining or restrict, regulate or
11require certain activities in connection with
nonmetallic mining or nonmetallic
12mining reclamation in order to ensure compliance with nonmetallic mining
13reclamation standards,
operation plans, nonmetallic mining reclamation plans,
14licensing standards, financial assurance requirements and other requirements of
15the
nonmetallic mining reclamation ordinance. These restrictions, regulations and
16requirements may include requirements for separations between excavations and
17property boundaries, for depth of excavations and for segregation of topsoil rules
18promulgated under this section.
AB100-engrossed,1822,2320
295.12
(3) (i) A prohibition on nonmetallic mining if a proposed nonmetallic
21mining site
, other than a nonmetallic mining site in existence before the effective
22date of the ordinance, cannot be reclaimed in compliance with the nonmetallic
23mining reclamation standards
in the ordinance under sub. (1) (a).
AB100-engrossed,1823,1
1295.12
(3) (k) A provision for
orders and penalties consistent with s. 295.19
(3).
AB100-engrossed,1823,53
295.12
(3) (L)
Standards Criteria and procedures for
granting exemptions and
4variances from approving alternatives to the requirements of the nonmetallic
5mining reclamation
ordinance standards under sub. (1) (a).
AB100-engrossed,1823,14
7295.13 (title)
Mandatory enactment and administration of ordinance
8by counties. (1) Mandatory enactment and administration of ordinance. (a)
9Requirement to enact and administer ordinance. Within 6 months after the effective
10date of the rules under s. 295.12 (1), each county shall enact
and begin to administer 11a nonmetallic mining reclamation ordinance
, the text of which is in strict conformity
12with the text of the ordinance established under s. 295.12 (1) (d)
that complies with
13those rules, except as provided in
sub. subs. (2)
and (2m). This ordinance may be
14enacted separately from an ordinance enacted under s. 59.69.
AB100-engrossed,1824,3
15(2) Preexisting county ordinances. Any county with a nonmetallic mining
16reclamation ordinance in effect on June 1, 1993, may maintain and administer that
17ordinance if the department reviews the existing ordinance and determines that it
18is at least as restrictive as the
ordinance established rules under s. 295.12 (1)
(d).
19If the department determines that any part of the existing ordinance is not as
20restrictive as the
ordinance established rules under s. 295.12 (1)
(d), the county may
21amend the ordinance and submit the amended ordinance to the department for
22approval a determination of whether the amended ordinance is as restrictive as
23those rules. After obtaining the
approval determination of the department
under
24this subsection that an ordinance is as restrictive as the rules under s. 295.12 (1), the
25county may not amend the ordinance to make it more restrictive.
After obtaining the
1approval of the department under this subsection, the
A county may not amend
the 2a nonmetallic mining reclamation ordinance to make it less restrictive than the
3ordinance established requirements in the rules under s. 295.12 (1)
(d).
AB100-engrossed,1824,6
4(3) Applicability of county ordinance. The An ordinance under sub. (1) or (2)
5applies to the entire area of the county, except for cities, villages and towns that enact
6and administer a nonmetallic mining reclamation ordinance under s. 295.14.
AB100-engrossed,1824,128
295.13
(2m) Option for certain counties. In a county with a population of
9700,000 or more, if every city, village and town that contains a nonmetallic mining
10site has enacted an ordinance under s. 295.14 by the first day of the 4th month
11beginning after the effective date of the rules promulgated under s. 295.12 (1), the
12county is not required to enact an ordinance under this section.
AB100-engrossed,1824,21
14295.14 Authority to enact and administer ordinance. (1) Authority to
15enact and administer ordinance. A city, village or town may enact and administer
16a nonmetallic mining reclamation ordinance,
the text of which is in strict conformity
17with the text of the ordinance that complies with the rules under s. 295.12 (1)
(d).
18Except as provided in sub. (2), a city, village or town may not administer a
19nonmetallic mining reclamation ordinance
, the text of which is not in strict
20conformity with the text of the ordinance that does not comply with the rules under
21s. 295.12 (1)
(d).
AB100-engrossed,1825,11
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 rules under
1s. 295.12 (1)
(d). If the department determines that any part of the existing ordinance
2is not as restrictive as the
ordinance established
rules under s. 295.12 (1)
(d), the city,
3village or town may amend the ordinance and submit the amended ordinance to the
4department for
approval a determination of whether the amended ordinance is as
5restrictive as those rules. After obtaining the
approval determination of the
6department
under this subsection that an ordinance is as restrictive as the rules
7under s. 295.12 (1), the city, village or town may not amend the ordinance to make
8it more restrictive.
After obtaining the approval of the department under this
9subsection, the A city, village or town may not amend
the a nonmetallic mining
10reclamation ordinance to make it less restrictive than the
ordinance established 11rules under s. 295.12 (1)
(d).
AB100-engrossed,1825,14
13295.16 (title)
Applicability of ordinance and standards nonmetallic
14mining reclamation requirements.
AB100-engrossed,1825,1916
295.16
(1) Nonmetallic mining for transportation purposes. (a)
17Notwithstanding par. (b), any requirements of the department of transportation
18concerning the restoration of a nonmetallic mining site shall be consistent with the
19nonmetallic mining reclamation standards established under s. 295.12 (1) (a).
AB100-engrossed,1825,2520
(b) A nonmetallic mining ordinance and the rules promulgated under s. 295.12
21(1) do not apply to nonmetallic mining to obtain stone, soil, sand or gravel for the
22construction, maintenance or repair of a highway, railroad, airport facility or any
23other transportation facility, if the nonmetallic mining is subject to the requirements
24of the department of transportation concerning the restoration of the nonmetallic
25mining site.
AB100-engrossed,1826,92
295.16
(2) Nonmetallic mining in or near navigable waterways. A nonmetallic
3mining reclamation ordinance
, and
requirements of this subchapter other than the
4standards established under s. 295.12 (1) (a)
, do not apply to any nonmetallic mining
5site or portion of a nonmetallic mining site that is subject to permit and reclamation
6requirements of the department under ss. 30.19, 30.195, 30.20, 30.30 and 30.31.
The
7nonmetallic mining standards established under s. 295.12 (1) (a) do apply to a
8nonmetallic mining site that is subject to permit and reclamation requirements of
9the department under ss. 30.19, 30.195, 30.20, 30.30 and 30.31.
AB100-engrossed,1826,1511
295.16
(4) (b) Excavations or grading conducted for
highway the construction
12purposes within the highway right-of-way, reconstruction, maintenance or repair
13of a highway, railroad, airport facility or any other transportation facility if the
14excavation or grading is within the property boundaries of the transportation
15facility.
AB100-engrossed,1827,217
295.16
(4) (g) Any activities
conducted at a solid waste or hazardous waste
18disposal site required to prepare, operate or close a solid waste disposal facility under
19subchs. II to IV of ch. 289 or a hazardous waste disposal facility under ch. 291
that
20are conducted on the property on which the facility is located, but a nonmetallic
21mining reclamation ordinance and the standards established under s. 295.12 (1) (a)
22apply to activities related to solid waste or hazardous waste disposal that are
23conducted at a nonmetallic mining site that is not
part of on the property on which 24the solid waste or hazardous waste disposal facility
is located such as activities to
1obtain nonmetallic minerals to be used for lining, capping, covering or constructing
2berms, dikes or roads.
AB100-engrossed,1827,145
295.17
(1) An agent of a county, city, village or town that has a
valid nonmetallic
6mining reclamation ordinance
that complies with s. 295.13 or 295.14 may enter a
7nonmetallic mining site in the performance of his or her official duties at any
8reasonable time in order to inspect those premises and to ascertain compliance with
9the nonmetallic mining reclamation ordinance this subchapter. No person may
10refuse entry or access to an agent of the county, city, village or town who requests
11entry for purposes of inspection, and who presents appropriate credentials. No
12person may obstruct, hamper or interfere with the inspection. The county, city,
13village or town shall furnish to the operator any report prepared by the county, city,
14village or town regarding the inspection.
AB100-engrossed,1827,2016
295.18
(1) Review. (intro.) The department shall
periodically review the
17nonmetallic mining reclamation program under this subchapter of each county and
18each city, village or town that exercises jurisdiction under this subchapter to
19ascertain compliance with this subchapter and the rules promulgated under this
20subchapter. This review shall include all of the following:
AB100-engrossed,1827,2422
295.18
(1) (c) A written determination by the department, issued
every 3 at
23least once every 10 years, of whether
or not the county, city, village or town is in
24compliance with this subchapter and rules promulgated under this subchapter.
AB100-engrossed,1828,8
1295.18
(2) Noncompliance; hearing. If the department determines under sub.
2(1) that a county, city, village or town is not in compliance with this subchapter and
3rules promulgated under this subchapter, the department shall
notify the county,
4city, village or town of that determination. If the department decides to pursue the
5matter, it shall conduct a hearing, after 30 days' notice, in the county, city, village or
6town. As soon as practicable after the hearing, the department shall issue a written
7decision regarding compliance with this subchapter and rules promulgated under
8this subchapter.
AB100-engrossed,1829,210
295.18
(4) County noncompliance; consequences. If the department
11determines issues a written decision under sub. (2) that a county is not in compliance
12with this subchapter and rules promulgated under this subchapter, the department
13shall administer the nonmetallic mining reclamation program in that county,
14including the collection of fees, review and approval of plans, inspection of
15nonmetallic mining sites and enforcement
, except that the department may not
16administer the nonmetallic mining reclamation program in a city, village or town
17that enacted an ordinance that complies with s. 295.14 before the department made
18its determination under sub. (2) and is administering that ordinance. The county
19may apply to the department at any time to resume administration of the
20nonmetallic mining reclamation program. The department, after a hearing, may
21approve the county request to administer the nonmetallic mining reclamation
22program if the county demonstrates the capacity to comply with this subchapter and
23rules promulgated under this subchapter. No city, village or town may enact an
24ordinance
under s. 295.14 for and begin to implement a nonmetallic mining
25reclamation program during the time that the department administers the
1nonmetallic mining reclamation program in the county in which the city, village or
2town is located.
AB100-engrossed,1829,85
295.19
(1) Orders; enforcement. (intro.) The governing body of a county, city,
6village or town that has a
valid nonmetallic mining reclamation ordinance
that
7complies with s. 295.13 or 295.14, or an agent designated by that governing body,
8may do any of the following:
AB100-engrossed,1829,139
(a) Issue
a compliance order, suspension order or termination an order
as
10authorized in requiring an operator to comply with, or to cease violating, this
11subchapter, rules promulgated under this subchapter, the nonmetallic mining
12reclamation ordinance
, a nonmetallic mining reclamation permit or an approved
13nonmetallic mining reclamation plan.
AB100-engrossed,1829,1614
(b)
Modify, suspend or revoke Issue an order suspending or revoking a
15nonmetallic mining
reclamation permit as authorized in the nonmetallic mining
16reclamation ordinance.
AB100-engrossed,1829,2217
(c) Issue
a special an order directing
the immediate cessation of an operator to
18immediately cease an activity regulated under this subchapter
, under rules
19promulgated under this subchapter or under the nonmetallic mining reclamation
20ordinance until the necessary
nonmetallic mining reclamation plan approval is
21obtained
or until the nonmetallic mining site complies with the nonmetallic mining
22reclamation ordinance.
AB100-engrossed,1830,224
295.19
(2) Department orders. The department may issue
a special an order
25directing the immediate cessation of an activity regulated under this subchapter
1until the nonmetallic mining site complies with the nonmetallic mining reclamation
2standards established under s. 295.12 (1) (a).
AB100-engrossed,1830,84
295.19
(3) (b) 1. Except for the violations enumerated in par. (a), any person
5who violates this subchapter or any rule promulgated or any plan approval
, license
6or special order issued under this subchapter shall forfeit not less than $10 nor more
7than $5,000 for each violation. Each day of continued violation is a separate offense.
8While
the an order is suspended, stayed or enjoined, this penalty does not accrue.
AB100-engrossed,1830,11
10295.20 (title)
Preservation of certain marketable nonmetallic mineral
11deposits.
AB100-engrossed, s. 3777
12Section
3777. 295.20 (1) of the statutes is renumbered 295.20 (1) (a) (intro.)
13and amended to read:
AB100-engrossed,1830,1714
295.20
(1) (a) (intro.) Beginning on
June 1,
1994 the effective date of this
15paragraph .... [revisor inserts date], a landowner may register land owned by that
16person
with each county in which the land is located if the under this section if all
17of the following apply:
AB100-engrossed,1830,21
181. The land has
an economically viable a marketable nonmetallic mineral
19deposit
, as evidenced by the certification of a professional geologist registered under
20s. 443.037 or a professional engineer registered under s. 443.04 and by any other
21information required under sub. (4).
AB100-engrossed,1831,2
22(c) The registration shall delineate the nonmetallic mineral deposit and
the
23necessary buffer areas under the nonmetallic mining reclamation ordinance. The
24landowner, as a condition of registration, shall submit evidence that a notation of the
1registration has been is valid only if recorded in the office of the register of deeds in
2each county in which the nonmetallic mineral deposit
or buffer area is located.
A
AB100-engrossed,1831,6
3(d) Except as provided under sub. (4) (d), a registration under this subsection
4may not be rescinded by the county or the landowner or his or her successors or
5assigns lasts for 10 years and may be renewed as provided in the rules under sub.
6(4) (e).
AB100-engrossed,1831,118
295.20
(1) (a) 2. The landowner notifies each county, city, village and town that
9has authority to zone the land of his or her intent to register the marketable
10nonmetallic mineral deposit. The notification shall include the evidence required
11under subd. 1.
AB100-engrossed,1831,1412
3. Nonmetallic mining is a permitted or conditional use for the land that is
13proposed to be registered under any zoning that is in effect on the day on which the
14landowner makes the notification under subd. 2.
AB100-engrossed,1831,2116
295.20
(1) (b) A governmental unit that receives notification under par. (a) 2.
17may contest registration under this subsection, in the circuit court for a county in
18which the land is located, on the grounds that there is not a marketable nonmetallic
19mineral deposit on the land or that par. (a) 3. is not satisfied. The governmental unit
20has the burden of proving, by a preponderance of the evidence, that one of those
21grounds exists.
AB100-engrossed,1832,223
295.20
(1m) Previously registered deposits. Land registered under sub. (1)
24before the effective date of this subsection .... [revisor inserts date], shall remain
1registered for 10 years after the initial date of registration. The registration may be
2renewed as provided under sub. (4) (f).
AB100-engrossed,1832,115
295.20
(2) (a) A county, city, village or town may not by zoning, rezoning,
6granting a variance, or other official action or inaction, permit the erection of
7permanent structures upon, or otherwise permit the use of, any
registered
8nonmetallic mineral deposit or registered buffer area land, while a registration
9under this section is in effect for that land, in a manner that would permanently
10interfere with the present or future extraction of the nonmetallic mineral deposit
or 11maintenance of the buffer area that is located on the land.
AB100-engrossed,1832,1713
295.20
(2) (b) 1. A county, city, village or town may enact an ordinance changing
14the zoning of land that is registered under this section if mining has not begun on
15any portion of the registered land and the ordinance is necessary to implement a
16master plan, comprehensive plan or land use plan that was adopted at least one year
17before the rezoning.
AB100-engrossed,1832,2118
2. A zoning change authorized by subd. 1. does not apply to the registered land
19during the registration period in effect when the zoning ordinance takes effect or
20during the 10-year renewal period under sub. (4) (e) or (f) if the land is eligible for
21that renewal.