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.
SB77, s. 3752
9Section
3752. 295.12 (3) (e) 2. of the statutes is created to read:
SB77,1499,1110
295.12
(3) (e) 2. A prohibition on basing the fees under subd. 1. on any portion
11of a nonmetallic mining site that has been reclaimed when the fees are imposed.
SB77, s. 3753
12Section
3753. 295.12 (3) (g) of the statutes is amended to read:
SB77,1499,2013
295.12
(3) (g) A requirement for the operator to provide a bond, deposit of funds,
14established escrow account, letter of credit, demonstration of financial responsibility
15by meeting net worth requirements or other form of financial assurance conditioned
16on the faithful performance of all of the requirements of
the nonmetallic mining
17reclamation ordinance rules promulgated under this section. The rules shall
18authorize a county, city, village or town to reduce the amount of financial assurance
19that an operator is required to provide based on nonmetallic mining reclamation that
20the operator performs while the nonmetallic mine continues to operate.
SB77, s. 3754
21Section
3754. 295.12 (3) (h) of the statutes is amended to read:
SB77,1500,522
295.12
(3) (h) Provisions to restrict
nonmetallic mining or restrict, regulate or
23require certain activities in connection with
nonmetallic mining or nonmetallic
24mining reclamation in order to ensure compliance with nonmetallic mining
25reclamation standards,
operation plans, nonmetallic mining reclamation plans,
1licensing standards, financial assurance requirements and other requirements of
2the
nonmetallic mining reclamation ordinance. These restrictions, regulations and
3requirements may include requirements for separations between excavations and
4property boundaries, for depth of excavations and for segregation of topsoil rules
5promulgated under this section.
SB77, s. 3755
6Section
3755. 295.12 (3) (i) of the statutes is amended to read:
SB77,1500,107
295.12
(3) (i) A prohibition on nonmetallic mining if a proposed nonmetallic
8mining site
, other than a nonmetallic mining site in existence before the effective
9date of the ordinance, cannot be reclaimed in compliance with the nonmetallic
10mining reclamation standards
in the ordinance under sub. (1) (a).
SB77, s. 3756
11Section
3756. 295.12 (3) (j) of the statutes is repealed.
SB77, s. 3757
12Section
3757. 295.12 (3) (k) of the statutes is amended to read:
SB77,1500,1313
295.12
(3) (k) A provision for
orders and penalties consistent with s. 295.19
(3).
SB77, s. 3758
14Section
3758. 295.12 (3) (L) of the statutes is amended to read:
SB77,1500,1715
295.12
(3) (L)
Standards Criteria and procedures for
granting exemptions and
16variances from approving alternatives to the requirements of the nonmetallic
17mining reclamation
ordinance standards under sub. (1) (a).
SB77, s. 3759
18Section
3759. 295.13 of the statutes is amended to read:
SB77,1501,2
19295.13 (title)
Mandatory enactment and administration of ordinance
20by counties. (1) Mandatory enactment and administration of ordinance. (a)
21Requirement to enact and administer ordinance. Within 6 months after the effective
22date of the rules under s. 295.12 (1), each county shall enact
and begin to administer 23a nonmetallic mining reclamation ordinance
, the text of which is in strict conformity
24with the text of the ordinance established under s. 295.12 (1) (d)
that complies with
1those rules, except as provided in
sub.
subs. (2)
and (2m). This ordinance may be
2enacted separately from an ordinance enacted under s. 59.69.
SB77,1501,16
3(2) Preexisting county ordinances. Any county with a nonmetallic mining
4reclamation ordinance in effect on June 1, 1993, may maintain and administer that
5ordinance if the department reviews the existing ordinance and determines that it
6is at least as restrictive as the
ordinance established rules under s. 295.12 (1)
(d).
7If the department determines that any part of the existing ordinance is not as
8restrictive as the
ordinance established rules under s. 295.12 (1)
(d), the county may
9amend the ordinance and submit the amended ordinance to the department for
10approval a determination of whether the amended ordinance is as restrictive as
11those rules. After obtaining the
approval determination of the department
under
12this subsection that an ordinance is as restrictive as the rules under s. 295.12 (1), the
13county may not amend the ordinance to make it more restrictive.
After obtaining the
14approval of the department under this subsection, the A county may not amend
the 15a nonmetallic mining reclamation ordinance to make it less restrictive than the
16ordinance established requirements in the rules under s. 295.12 (1)
(d).
SB77,1501,19
17(3) Applicability of county ordinance. The An ordinance under sub. (1) or (2)
18applies to the entire area of the county, except for cities, villages and towns that enact
19and administer a nonmetallic mining reclamation ordinance under s. 295.14.
SB77, s. 3760
20Section
3760. 295.13 (2m) of the statutes is created to read:
SB77,1501,2521
295.13
(2m) Option for certain counties. In a county with a population of
22700,000 or more, if every city, village and town that contains a nonmetallic mining
23site has enacted an ordinance under s. 295.14 by the first day of the 4th month
24beginning after the effective date of the rules promulgated under s. 295.12 (1), the
25county is not required to enact an ordinance under this section.
SB77, s. 3761
1Section
3761. 295.14 of the statutes is amended to read:
SB77,1502,9
2295.14 Authority to enact and administer ordinance. (1) Authority to
3enact and administer ordinance. A city, village or town may enact and administer
4a nonmetallic mining reclamation ordinance,
the text of which is in strict conformity
5with the text of the ordinance that complies with the rules under s. 295.12 (1)
(d).
6Except as provided in sub. (2), a city, village or town may not administer a
7nonmetallic mining reclamation ordinance
, the text of which is not in strict
8conformity with the text of the ordinance that does not comply with the rules under
9s. 295.12 (1)
(d).
SB77,1502,24
10(2) Preexisting municipal ordinances. A city, village or town with a
11nonmetallic mining reclamation ordinance in effect on June 1, 1993, may maintain
12and administer that ordinance if the department reviews the existing ordinance and
13determines that it is at least as restrictive as the
ordinance established rules under
14s. 295.12 (1)
(d). If the department determines that any part of the existing ordinance
15is not as restrictive as the
ordinance established
rules under s. 295.12 (1)
(d), the city,
16village or town may amend the ordinance and submit the amended ordinance to the
17department for
approval a determination of whether the amended ordinance is as
18restrictive as those rules. After obtaining the
approval determination of the
19department
under this subsection that an ordinance is as restrictive as the rules
20under s. 295.12 (1), the city, village or town may not amend the ordinance to make
21it more restrictive.
After obtaining the approval of the department under this
22subsection, the A city, village or town may not amend
the a nonmetallic mining
23reclamation ordinance to make it less restrictive than the
ordinance established 24rules under s. 295.12 (1)
(d).
SB77, s. 3762
25Section
3762. 295.16 (title) of the statutes is amended to read:
SB77,1503,2
1295.16 (title)
Applicability of ordinance and standards nonmetallic
2mining reclamation requirements.
SB77, s. 3763
3Section
3763. 295.16 (1) of the statutes is repealed and recreated to read:
SB77,1503,74
295.16
(1) Nonmetallic mining for transportation purposes. (a)
5Notwithstanding par. (b), any requirements of the department of transportation
6concerning the restoration of a nonmetallic mining site shall be consistent with the
7nonmetallic mining reclamation standards established under s. 295.12 (1) (a).
SB77,1503,138
(b) A nonmetallic mining ordinance and the rules promulgated under s. 295.12
9(1) do not apply to nonmetallic mining to obtain stone, soil, sand or gravel for the
10construction, maintenance or repair of a highway, railroad, airport facility or any
11other transportation facility, if the nonmetallic mining is subject to the requirements
12of the department of transportation concerning the restoration of the nonmetallic
13mining site.
SB77, s. 3764
14Section
3764. 295.16 (2) of the statutes is amended to read:
SB77,1503,2215
295.16
(2) Nonmetallic mining in or near navigable waterways. A nonmetallic
16mining reclamation ordinance
, and
requirements of this subchapter other than the
17standards established under s. 295.12 (1) (a)
, do not apply to any nonmetallic mining
18site or portion of a nonmetallic mining site that is subject to permit and reclamation
19requirements of the department under ss. 30.19, 30.195, 30.20, 30.30 and 30.31.
The
20nonmetallic mining standards established under s. 295.12 (1) (a) do apply to a
21nonmetallic mining site that is subject to permit and reclamation requirements of
22the department under ss. 30.19, 30.195, 30.20, 30.30 and 30.31.
SB77, s. 3765
23Section
3765. 295.16 (4) (b) of the statutes is amended to read:
SB77,1504,324
295.16
(4) (b) Excavations or grading conducted for
highway the construction
25purposes within the highway right-of-way, reconstruction, maintenance or repair
1of a highway, railroad, airport facility or any other transportation facility if the
2excavation or grading is within the property boundaries of the transportation
3facility.
SB77, s. 3766
4Section
3766. 295.16 (4) (g) of the statutes is amended to read:
SB77,1504,145
295.16
(4) (g) Any activities
conducted at a solid waste or hazardous waste
6disposal site required to prepare, operate or close a solid waste disposal facility under
7subchs. II to IV of ch. 289 or a hazardous waste disposal facility under ch. 291
that
8are conducted on the property on which the facility is located, but a nonmetallic
9mining reclamation ordinance and the standards established under s. 295.12 (1) (a)
10apply to activities related to solid waste or hazardous waste disposal that are
11conducted at a nonmetallic mining site that is not
part of on the property on which 12the solid waste or hazardous waste disposal facility
is located such as activities to
13obtain nonmetallic minerals to be used for lining, capping, covering or constructing
14berms, dikes or roads.
SB77, s. 3767
15Section
3767. 295.16 (4) (h) of the statutes is repealed.
SB77, s. 3768
16Section
3768. 295.17 (1) of the statutes is amended to read:
SB77,1505,217
295.17
(1) An agent of a county, city, village or town that has a
valid nonmetallic
18mining reclamation ordinance
that complies with s. 295.13 or 295.14 may enter a
19nonmetallic mining site in the performance of his or her official duties at any
20reasonable time in order to inspect those premises and to ascertain compliance with
21the nonmetallic mining reclamation ordinance this subchapter. No person may
22refuse entry or access to an agent of the county, city, village or town who requests
23entry for purposes of inspection, and who presents appropriate credentials. No
24person may obstruct, hamper or interfere with the inspection. The county, city,
1village or town shall furnish to the operator any report prepared by the county, city,
2village or town regarding the inspection.
SB77, s. 3769
3Section
3769. 295.18 (1) (intro.) of the statutes is amended to read:
SB77,1505,84
295.18
(1) Review. (intro.) The department shall
periodically review the
5nonmetallic mining reclamation program under this subchapter of each county and
6each city, village or town that exercises jurisdiction under this subchapter to
7ascertain compliance with this subchapter and the rules promulgated under this
8subchapter. This review shall include all of the following:
SB77, s. 3770
9Section
3770. 295.18 (1) (c) of the statutes is amended to read:
SB77,1505,1210
295.18
(1) (c) A written determination by the department, issued
every 3 at
11least once every 10 years, of whether
or not the county, city, village or town is in
12compliance with this subchapter and rules promulgated under this subchapter.