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.
AB100-engrossed,1832,2322
3. A zoning change authorized by subd. 1. prevents the registration of the land
23after the period under subd. 2.
AB100-engrossed,1833,2
1295.20
(3) (a) A use of land permissible under a zoning ordinance
in effect on
2the day before a mineral deposit
or buffer area is registered under sub. (1).
AB100-engrossed,1833,63
(b) Acquisition of a registered nonmetallic mineral deposit or registered buffer
4area by a county, city, village or town or other governmental unit for a public purpose
5if the use of the land does not permanently interfere with the extraction of
6nonmetallic minerals or maintenance of the buffer area.
AB100-engrossed,1833,98
295.20
(4) Rules. The department shall promulgate rules that contain all of
9the following:
AB100-engrossed,1833,1010
(a) A definition of "marketable nonmetallic mineral deposit".
AB100-engrossed,1833,1211
(b) Procedures and requirements for registering land containing a marketable
12nonmetallic mineral deposit under sub. (1).
AB100-engrossed,1833,1413
(c) Procedures and criteria for objecting to the proposed registration of land
14containing a nonmetallic mineral deposit.
AB100-engrossed,1833,1615
(d) Procedures for terminating the registration of land under this section when
16there is no longer a marketable nonmetallic mineral deposit on the land.
AB100-engrossed,1833,2217
(e) Procedures and criteria for renewing the registration of land under sub. (1).
18The rules shall allow renewal for one 10-year period without review of the
19marketability of the deposit or the zoning of the land, except that, if mining has
20begun on any portion of the registered land, the rules shall allow the person to renew
21the registration for an unlimited number of 10-year periods as long as active mining
22continues.
AB100-engrossed,1833,2423
(f) Procedures and criteria for renewing the registration of land under sub.
24(1m).
AB100-engrossed,1834,3
1(g) Criteria under which contiguous parcels of land owned by the same person
2and containing the same marketable nonmetallic mineral deposit may be included
3in one registration.
AB100-engrossed,1834,13
5299.05 Permit guarantee program. (1) The department shall promulgate
6rules under which the department refunds fees paid by an applicant for a license,
7permit or other approval that is issued under ss. 30.10 to 30.205 or 30.21 to 30.27,
8chs. 280 to 283 and 287 to 292 or subch. II of ch. 295 and that is of a type specified
9in the rule if the department fails to make a determination on the application within
10the time limit specified in the rule for that type of license, permit or other approval.
11The rules under this subsection do not apply to an applicant for a license, permit or
12other approval related to mining, as defined in s. 293.01 (9), prospecting, as defined
13in s. 293.01 (18), or nonmetallic mining, as defined in s. 295.11 (3).
AB100-engrossed,1834,15
14(2) The department shall specify at least the following types of licenses,
15permits and other approvals in the rules under sub. (1):
AB100-engrossed,1834,1616
(a) Permits and other approvals under ss. 30.10 to 30.205 and 30.21 to 30.27.
AB100-engrossed,1834,1717
(b) Approvals under s. 281.17 (1).
AB100-engrossed,1834,1818
(c) Permits under subch. IV of ch. 283.
AB100-engrossed,1834,1919
(e) Licenses under subch. III of ch. 289.
AB100-engrossed,1834,2020
(f) Licenses issued under subch. IV of ch. 291.
AB100-engrossed,1835,223
299.13
(1m) Promotion of hazardous pollution prevention. (intro.) In
24carrying out the duties under
this section and ss. 36.25 (30) and 560.19
and this
1section, the department, the department of commerce
, the council and the program
2shall promote all of the following techniques for hazardous pollution prevention:
AB100-engrossed,1835,84
299.13
(2) (b) Identify all department requirements for reporting on hazardous
5pollution prevention and, to the extent possible and practical, standardize,
6coordinate and consolidate the reporting in order to minimize duplication and
7provide useful information on hazardous pollution prevention to the
council, the 8legislature and the public.
AB100-engrossed,1835,1412
299.15
(3) (cm) 2. In any fiscal year
after fiscal year 1992-93, the department
13may not charge total fees under par. (am) that exceed
the total fees that it charges
14under par. (am) for fiscal year 1992-93 $7,450,000.
AB100-engrossed,1835,17
16299.80 Environmental cooperation pilot program. (1) Definitions. In
17this section:
AB100-engrossed,1835,1918
(a) "Approval" means a permit, license or other approval issued by the
19department under chs. 280 to 295.
AB100-engrossed,1835,2020
(b) "Cooperative agreement" means an agreement entered into under sub. (6).
AB100-engrossed,1835,2521
(c) "Environmental management system" means an organized set of
22procedures implemented by the owner or operator of a facility to evaluate the
23environmental performance of the facility and to achieve measurable or noticeable
24improvements in that environmental performance through planning and changes in
25the facility's operations.
AB100-engrossed,1836,3
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.
AB100-engrossed,1836,54
(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.
AB100-engrossed,1836,86
(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.
AB100-engrossed,1836,149
(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).
AB100-engrossed,1836,1515
(h) "Pollutant" means any of the following:
AB100-engrossed,1836,1916
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.
AB100-engrossed,1836,2220
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.
AB100-engrossed,1837,223
(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).
AB100-engrossed,1837,6
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:
AB100-engrossed,1837,97
(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.
AB100-engrossed,1837,1110
(b) Encourage facility owners and operators to systematically assess the
11pollution that they cause, directly and indirectly, to the air, water and land.
AB100-engrossed,1837,1412
(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.
AB100-engrossed,1837,2115
(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.
AB100-engrossed,1837,2522
(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.
AB100-engrossed,1838,2
1(f) Encourage the transfer of information about methods for improving
2environmental performance and the adoption of these methods by others.
AB100-engrossed,1838,53
(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.
AB100-engrossed,1838,86
(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.
AB100-engrossed,1838,119
(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.
AB100-engrossed,1838,1412
(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.