SB77, s. 3710 12Section 3710. 292.35 (7) of the statutes is amended to read:
SB77,1488,2513 292.35 (7) Responsible parties subject to an agreement or recommendation.
14A responsible party that enters into an agreement under sub. (5) with a political
15subdivision
local governmental unit or that accepts the umpire's recommendation
16under sub. (6), if the political subdivision local governmental unit does not reject the
17recommendation, is required to comply with the agreement or recommendation.
18When the responsible party has complied with the agreement or recommendation,
19the responsible party is not liable to the state, including under s. 292.11 (7) (b) or
20292.31 (8), or to the political subdivision local governmental unit for any additional
21costs of the investigation or remedial action; the responsible party is not liable to any
22other responsible party for contribution to costs incurred by any other responsible
23party for the investigation or remedial action; and the responsible party is not subject
24to an order under s. 292.11 (7) (c) for the discharge that is the subject of the agreement
25or recommendation.
SB77, s. 3711
1Section 3711. 292.35 (8) (b) (intro.) of the statutes is amended to read:
SB77,1489,42 292.35 (8) (b) (intro.) A political subdivision local governmental unit is entitled
3to recover litigation expenses and interest on the judgment against a responsible
4party if any of the following occurs:
SB77, s. 3712 5Section 3712. 292.35 (8) (b) 1. of the statutes is amended to read:
SB77,1489,106 292.35 (8) (b) 1. The political subdivision local governmental unit accepts the
7recommendation of an umpire under sub. (6), the responsible party rejects it and the
8political subdivision local governmental unit recovers a judgment under sub. (9)
9against that responsible party that equals or exceeds the amount of the umpire's
10recommendation.
SB77, s. 3713 11Section 3713. 292.35 (8) (b) 2. of the statutes is amended to read:
SB77,1489,1712 292.35 (8) (b) 2. The political subdivision local governmental unit and the
13responsible party enter into an agreement under sub. (5) or accept the umpire's
14recommendation under sub. (6), the responsible party does not comply with the
15requirements of the agreement or recommendation and the political subdivision
16local governmental unit recovers a judgment against that responsible party based
17on the agreement or recommendation.
SB77, s. 3714 18Section 3714. 292.35 (8) (c) of the statutes is amended to read:
SB77,1490,219 292.35 (8) (c) A responsible party is entitled to recover litigation expenses from
20a political subdivision local governmental unit if the responsible party accepts the
21recommendation of an umpire under sub. (6), the political subdivision local
22governmental unit
rejects the recommendation of the umpire under sub. (6) with
23respect to the responsible party, the political subdivision local governmental unit
24institutes an action under sub. (9) against the responsible party and the political
25subdivision
local governmental unit recovers a judgment under sub. (9) against the

1responsible party that is equal to or less than the amount of the umpire's
2recommendation.
SB77, s. 3715 3Section 3715. 292.35 (9) (b) 1. of the statutes is renumbered 292.35 (9) (b) and
4amended to read:
SB77,1490,115 292.35 (9) (b) Except as provided in pars. (bm), (br) and (e), sub. (7) and s.
6292.21, a responsible party is liable for a portion of the costs, as determined under
7pars. (c) to (e), incurred by a political subdivision local governmental unit for
8remedial action in an agreement under sub. (5) or a recommendation under sub. (6)
9and for any related investigation. A right of action shall accrue to a political
10subdivision
local governmental unit against the responsible party for costs listed in
11this subdivision paragraph.
SB77, s. 3716 12Section 3716. 292.35 (9) (b) 2. of the statutes is repealed.
SB77, s. 3717 13Section 3717. 292.41 (6) (c) of the statutes is amended to read:
SB77,1490,1714 292.41 (6) (c) The department is entitled to recover moneys expended under
15this section from any person who caused the containers to be abandoned or is
16responsible for the containers. The funds recovered under this paragraph shall be
17deposited into the environmental fund for environmental repair management.
SB77, s. 3718 18Section 3718. 292.41 (6) (d) of the statutes is repealed.
SB77, s. 3719 19Section 3719. 292.51 (2) of the statutes is amended to read:
SB77,1490,2520 292.51 (2) The department may seek and receive voluntary contributions of
21funds from a municipality or any other public or private source for all or part of the
22costs of remedying environmental contamination if the activities being funded are
23part of a cooperative effort, by the department and the person providing the funds,
24to remedy that environmental contamination. All contributions received under this
25subsection shall be deposited in the environmental fund.
SB77, s. 3720
1Section 3720. 292.55 of the statutes is created to read:
SB77,1491,4 2292.55 Requests for liability clarification and technical assistance. (1)
3(a) The department may, upon request, assist a person to determine whether the
4person is or may become liable for the environmental pollution of a property.
SB77,1491,75 (b) The department may, upon request, assist in, or supervise, the planning and
6implementation of an environmental investigation of a property or the
7environmental cleanup of a property.
SB77,1491,98 (c) The department may determine whether further action is necessary to
9remedy environmental pollution of a property.
SB77,1491,1110 (d) The department may issue a letter to a person seeking assistance under this
11subsection concerning any of the following:
SB77,1491,1312 1. The liability of a person owning or leasing a property for environmental
13pollution of the property.
SB77,1491,1414 2. The type and extent of environmental pollution of a property.
SB77,1491,1515 3. The adequacy of an environmental investigation.
SB77,1491,1616 4. Any other matter related to the request for assistance under this subsection.
SB77,1491,20 17(2) The department may assess and collect fees from a person to offset the costs
18of providing assistance under sub. (1). The department shall promulgate rules for
19the assessment and collection of fees under this subsection. Fees collected under this
20subsection shall be credited to the appropriation account under s. 20.370 (2) (dh).
SB77, s. 3721 21Section 3721. 292.61 of the statutes is repealed.
SB77, s. 3722 22Section 3722. 292.75 of the statutes is created to read:
SB77,1492,2 23292.75 Dry cleaning contamination study. The department shall conduct
24a study of the extent and type of environmental contamination at dry cleaning
25facilities in this state. The department shall submit a report on its findings to the

1legislature under s. 13.172 (2) and to the governor. The report shall include all of the
2following:
SB77,1492,4 3(1) An estimate of the cost of remedying the environmental contamination at
4dry cleaning facilities.
SB77,1492,6 5(2) Options for sources of revenue and types of assistance to address the costs
6of remedying contamination of dry cleaning facilities.
SB77, s. 3723 7Section 3723. 292.81 (2) (a) (intro.) of the statutes is amended to read:
SB77,1492,118 292.81 (2) (a) (intro.) Before incurring expenses under s. 292.11, or 292.31 (1),
9(3) or (7) or 292.41 (4) with respect to a property, the department shall provide to the
10current owner of the property and to any mortgagees of record a notice containing
11all of the following:
SB77, s. 3724 12Section 3724. 292.81 (2) (a) 1. of the statutes is amended to read:
SB77,1492,1413 292.81 (2) (a) 1. A brief description of the property for which the department
14expects to incur expenses under s. 292.11, or 292.31 (1), (3) or (7) or 292.41 (4).
SB77, s. 3725 15Section 3725. 292.81 (2) (a) 2. of the statutes is amended to read:
SB77,1492,1816 292.81 (2) (a) 2. A brief description of the types of activities that the department
17expects may be conducted at the property under s. 292.11, or 292.31 (1), (3) or (7) or
18292.41 (4)
.
SB77, s. 3726 19Section 3726. 292.81 (2) (d) of the statutes is amended to read:
SB77,1492,2220 292.81 (2) (d) No notice under this subsection is necessary in circumstances in
21which entry onto the property without prior notice is authorized under s. 292.11 (8)
22or under s. 292.41 (5).
SB77, s. 3727 23Section 3727. 292.81 (3) of the statutes is amended to read:
SB77,1493,524 292.81 (3) Any expenditures made by the department under s. 292.11 or 292.31
25(1), (3) or (7) or, subject to s. 292.41 (6) (d), under s. 292.41 (4) shall constitute a lien

1upon the property for which expenses are incurred if the department files the lien
2with the register of deeds in the county in which the property is located. A lien under
3this section shall be superior to all other liens that are or have been filed against the
4property, except that if the property is residential property, as defined in s. 895.52
5(1) (i), the lien may not affect any valid prior lien on that residential property.
SB77, s. 3728 6Section 3728. 293.45 (1) of the statutes is amended to read:
SB77,1493,187 293.45 (1) The Except as provided in sub. (2) or s. 299.07, the department shall
8issue a prospecting permit under this section to an applicant within 60 days following
9the date of the completion of the hearing record if, on the basis of the application, the
10department's investigation and hearing and any written comments, it finds that the
11site is not unsuitable for prospecting or, absent a certification under sub. (1), surface
12mining, the department has approved the prospecting plan and the reclamation plan
13complies with ss. 293.13 (2) and 293.35 (2) and (3) and rules promulgated under ss.
14293.13 (2) and 293.35 (2) and (3). The department may modify any part of the
15application or reclamation plan and approve it as modified. Except as otherwise
16provided in this chapter, prospecting permits shall be valid for the life of the project,
17unless canceled under s. 293.83 (1) or (3) or 293.85 or revoked under s. 293.87 (2) or
18(3).
SB77, s. 3729 19Section 3729. 293.49 (1) (a) 7. of the statutes is created to read:
SB77,1493,2320 293.49 (1) (a) 7. That proven technology exists to ensure that the proposed
21mining operation will operate without violating state groundwater or surface water
22statutes or rules due to acid drainage at the tailings site or at the mining site or due
23to the release of heavy metals.
SB77, s. 3730 24Section 3730. 293.49 (1) (a) 8. of the statutes is created to read:
SB77,1494,4
1293.49 (1) (a) 8. That the proposed mining operation will use proven technology
2to ensure that the proposed mining operation will operate without violating state
3groundwater or surface water statutes or rules due to acid drainage at the tailings
4site or at the mining site or due to the release of heavy metals.
SB77, s. 3731 5Section 3731. 295.11 (4) of the statutes is amended to read:
SB77,1494,136 295.11 (4) "Nonmetallic mining reclamation" means the rehabilitation of a
7nonmetallic mining site to achieve a land use specified in an approved nonmetallic
8mining reclamation plan
, including removal or reuse of nonmetallic mining refuse,
9grading of the nonmetallic mining site, removal, storage and replacement of topsoil,
10stabilization of soil conditions, establishment reestablishment of vegetative cover,
11control of surface water and groundwater, prevention of environmental pollution,
12construction of fences where necessary
and, if practical, restoration of plant, fish and
13wildlife habitat.
SB77, s. 3732 14Section 3732. 295.11 (5) of the statutes is amended to read:
SB77,1494,1815 295.11 (5) "Nonmetallic mining refuse" means waste soil, rock, mineral, liquid
16and vegetation
and other waste natural material resulting from nonmetallic mining.
17This term does not include merchantable marketable by-products resulting directly
18from or displaced by the nonmetallic mining.
SB77, s. 3733 19Section 3733. 295.11 (6) (intro.), (a), (b), (c) and (d) of the statutes are
20renumbered 295.11 (6) (a) (intro.), 1., 2., 3. and 4., and 295.11 (6) (a) (intro.), 1. and
212., as renumbered, are amended to read:
SB77,1494,2322 295.11 (6) (a) (intro.) "Nonmetallic mining site" means all of the following,
23except as provided in par. (b)
:
SB77,1494,2524 1. The location where nonmetallic mining is proposed or conducted , including
25all surface areas from which materials have been or will be removed
.
SB77,1495,2
12. Storage and processing areas related to the that are in or contiguous to areas
2excavated for
nonmetallic mining.
SB77, s. 3734 3Section 3734. 295.11 (6) (a) 5. of the statutes is created to read:
SB77,1495,64 295.11 (6) (a) 5. Areas where grading or regrading is necessary to conduct
5nonmetallic mining or to achieve a land use specified in an approved nonmetallic
6mining reclamation plan.
SB77, s. 3735 7Section 3735. 295.11 (6) (b) of the statutes is created to read:
SB77,1495,118 295.11 (6) (b) "Nonmetallic mining site" does not include any area described in
9par. (a) 1. to 5. that is not used for nonmetallic mining or for purposes related to
10nonmetallic mining on or after the effective date of this paragraph .... [revisor inserts
11date].
SB77, s. 3736 12Section 3736. 295.11 (6) (e) of the statutes is repealed.
SB77, s. 3737 13Section 3737. 295.11 (9) of the statutes is amended to read:
SB77,1495,1914 295.11 (9) "Replacement of topsoil" means the replacement of the topsoil that
15was removed or disturbed by nonmetallic mining, or the provision of soil that is at
16least as adequate as
material to substitute for the topsoil that was removed or
17disturbed, for the purposes of providing adequate vegetative cover and stabilization
18of soil conditions to achieve a land use specified in an approved nonmetallic mining
19reclamation plan
.
SB77, s. 3738 20Section 3738. 295.12 (1) (c) of the statutes is amended to read:
SB77,1495,2321 295.12 (1) (c) Uniform statewide standards requirements and procedures for
22the administration of a nonmetallic mining reclamation ordinance program by any
23county, city, village or town.
SB77, s. 3739 24Section 3739. 295.12 (1) (d) of the statutes is repealed.
SB77, s. 3740 25Section 3740. 295.12 (2) (a) of the statutes is amended to read:
SB77,1496,4
1295.12 (2) (a) The department shall establish nonmetallic mining reclamation
2standards under sub. (1) (a) that are applicable to activities related to nonmetallic
3mining reclamation
both during nonmetallic mining and after the termination of
4nonmetallic mining.
SB77, s. 3741 5Section 3741. 295.12 (2) (b) and (c) of the statutes are repealed.
SB77, s. 3742 6Section 3742. 295.12 (2) (d) of the statutes is amended to read:
SB77,1496,187 295.12 (2) (d) Standards for those portions of a nonmetallic mining site that are
8mined on or after the effective date of the ordinance
Nonmetallic mining reclamation
9standards under sub. (1) (a) shall be designed to encourage the development and
10reclamation of nonmetallic mining sites in existence on the effective date of this
11paragraph .... [revisor inserts date], and
shall include requirements necessary to
12achieve a land use specified in an approved nonmetallic mining reclamation plan,
13including requirements
related to the removal or reuse of nonmetallic mining refuse,
14removal of roads no longer in use, stabilization of soil conditions, grading the
15nonmetallic mining site, replacement of topsoil, establishment of vegetative cover,
16control of surface water flow and groundwater withdrawal, prevention of
17environmental pollution, construction of fences where necessary and, if practical,
18protection or restoration of plant, fish and wildlife habitat.
SB77, s. 3743 19Section 3743. 295.12 (2) (e) of the statutes is repealed.
SB77, s. 3744 20Section 3744. 295.12 (3) (intro.) of the statutes is amended to read:
SB77,1496,2321 295.12 (3) (title) Text of ordinance Program requirements. (intro.) The text
22of the nonmetallic mining reclamation ordinance under
rules required by sub. (1) (d)
23(c) shall include all of the following:
SB77, s. 3745 24Section 3745. 295.12 (3) (a) and (b) of the statutes are repealed.
SB77, s. 3746 25Section 3746. 295.12 (3) (c) of the statutes is amended to read:
SB77,1497,12
1295.12 (3) (c) A requirement for the operator to submit a nonmetallic mining
2reclamation plan including maps, information about the nonmetallic mining site, a
3proposed land use for which the nonmetallic mining site will be rehabilitated after
4the nonmetallic mining is completed,
a description of the proposed nonmetallic
5mining reclamation including methods and procedures to be used and a proposed
6timetable for completion of various stages of the nonmetallic mining reclamation.
7The reclamation plan shall be designed to ensure successful nonmetallic mining
8reclamation consistent with the standards under sub. (1) (a), to minimize the costs
9of nonmetallic mining reclamation and, to the extent practicable, to minimize the
10area disturbed by nonmetallic mining at one time and provide for nonmetallic mining
11reclamation of portions of the nonmetallic mining site while nonmetallic mining
12continues on other portions of the nonmetallic mining site.
SB77, s. 3747 13Section 3747. 295.12 (3) (d) of the statutes is amended to read:
SB77,1498,1114 295.12 (3) (d) A requirement for the operator to obtain a nonmetallic mining
15reclamation permit in order to engage in nonmetallic mining or in nonmetallic
16mining reclamation; a requirement for a 5-year permit term unless a shorter permit
17term is requested by the applicant; standards
equal to the period during which
18nonmetallic mining is conducted; procedures
for the issuance, renewal, modification,
19suspension or revocation of the reclamation permit; a requirement for public notice
20and an opportunity for a public informational hearing before issuance, renewal,
21modification, suspension or revocation of the
of a reclamation permit; a requirement
22to conduct a public hearing on the issuance, renewal or modification of a permit, if
23requested within 30 days after receipt of the nonmetallic mining operation and
24reclamation plan; a right for any person who meets the requirements of s. 227.42 (1)
25to obtain a contested case hearing under ch. 68 on the issuance, renewal,

1modification, suspension or revocation of a permit
for a nonmetallic mine that is not
2in operation before the date specified under par. (dm)
; a requirement for cooperative
3issuance of a single reclamation permit if more than one county or municipality has
4jurisdiction over the nonmetallic mining site; a requirement for issuance of a single
5permit for all nonmetallic mining sites operated by the same person in a county or
6municipality, with nonmetallic mining sites to be added or deleted by permit
7modification and with separate permit conditions, fees and financial assurance for
8each nonmetallic mining site;
and a requirement that action approving, denying or
9conditionally approving a reclamation permit be taken within 90 days after receipt
10of the mining operation and mining reclamation plans plan or, if a public
11informational hearing is held, within 60 days after the close of the public hearing.
SB77, s. 3748 12Section 3748. 295.12 (3) (de) of the statutes is created to read:
SB77,1498,1513 295.12 (3) (de) Except as provided in par. (dm), a prohibition on issuance of a
14reclamation permit before approval of the nonmetallic mining reclamation plan
15under par. (c) by the county, city, village or town operating the program.
SB77, s. 3749 16Section 3749. 295.12 (3) (dm) of the statutes is created to read:
SB77,1498,2317 295.12 (3) (dm) A requirement that, when an operator submits an application
18for a reclamation permit for a nonmetallic mine that is operating before a date
19specified by the department in the rule, the county, city, village or town issue the
20permit on the condition that the operator submit a nonmetallic mining reclamation
21plan under par. (c) that complies with the rules under par. (c) by a deadline
22established by the county, city, village or town. The deadline shall be from 1 to 3 years
23after the date of application.
SB77, s. 3750 24Section 3750. 295.12 (3) (ds) of the statutes is created to read:
SB77,1499,3
1295.12 (3) (ds) A requirement that the county, city, village or town issue a
2reclamation permit on the condition that the operator submit proof of financial
3responsibility in accordance with par. (g) within a time specified by the rule.
SB77, s. 3751 4Section 3751. 295.12 (3) (e) of the statutes is renumbered 295.12 (3) (e) 1., and
5295.12 (3) (e) 1. a. and b., as renumbered, are amended to read:
SB77,1499,76 295.12 (3) (e) 1. a. The examination and approval of operation plans and
7nonmetallic mining reclamation plans.
SB77,1499,88 b. The inspection of nonmetallic mining and nonmetallic mining reclamation.
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