SB77: Bill Text

SB77,1494,23 295.11 (6) (a) (intro.) "Nonmetallic mining site" means all of the following, except as provided in par. (b):

SB77,1494,25 1. The location where nonmetallic mining is proposed or conducted , including all surface areas from which materials have been or will be removed.

SB77,1495,2 2. Storage and processing areas related to the that are in or contiguous to areas excavated for nonmetallic mining.

SB77, s. 3734 Section 3734. 295.11 (6) (a) 5. of the statutes is created to read:

SB77,1495,6 295.11 (6) (a) 5. Areas where grading or regrading is necessary to conduct nonmetallic mining or to achieve a land use specified in an approved nonmetallic mining reclamation plan.

SB77, s. 3735 Section 3735. 295.11 (6) (b) of the statutes is created to read:

SB77,1495,11 295.11 (6) (b) "Nonmetallic mining site" does not include any area described in par. (a) 1. to 5. that is not used for nonmetallic mining or for purposes related to nonmetallic mining on or after the effective date of this paragraph .... [revisor inserts date].

SB77, s. 3736 Section 3736. 295.11 (6) (e) of the statutes is repealed.

SB77, s. 3737 Section 3737. 295.11 (9) of the statutes is amended to read:

SB77,1495,19 295.11 (9) "Replacement of topsoil" means the replacement of the topsoil that was removed or disturbed by nonmetallic mining, or the provision of soil that is at least as adequate as material to substitute for the topsoil that was removed or disturbed, for the purposes of providing adequate vegetative cover and stabilization of soil conditions to achieve a land use specified in an approved nonmetallic mining reclamation plan.

SB77, s. 3738 Section 3738. 295.12 (1) (c) of the statutes is amended to read:

SB77,1495,23 295.12 (1) (c) Uniform statewide standards requirements and procedures for the administration of a nonmetallic mining reclamation ordinance program by any county, city, village or town.

SB77, s. 3739 Section 3739. 295.12 (1) (d) of the statutes is repealed.

SB77, s. 3740 Section 3740. 295.12 (2) (a) of the statutes is amended to read:

SB77,1496,4 295.12 (2) (a) The department shall establish nonmetallic mining reclamation standards under sub. (1) (a) that are applicable to activities related to nonmetallic mining reclamation both during nonmetallic mining and after the termination of nonmetallic mining.

SB77, s. 3741 Section 3741. 295.12 (2) (b) and (c) of the statutes are repealed.

SB77, s. 3742 Section 3742. 295.12 (2) (d) of the statutes is amended to read:

SB77,1496,18 295.12 (2) (d) Standards for those portions of a nonmetallic mining site that are mined on or after the effective date of the ordinance Nonmetallic mining reclamation standards under sub. (1) (a) shall be designed to encourage the development and reclamation of nonmetallic mining sites in existence on the effective date of this paragraph .... [revisor inserts date], and shall include requirements necessary to achieve a land use specified in an approved nonmetallic mining reclamation plan, including requirements related to the removal or reuse of nonmetallic mining refuse, removal of roads no longer in use, stabilization of soil conditions, grading the nonmetallic mining site, replacement of topsoil, establishment of vegetative cover, control of surface water flow and groundwater withdrawal, prevention of environmental pollution, construction of fences where necessary and, if practical, protection or restoration of plant, fish and wildlife habitat.

SB77, s. 3743 Section 3743. 295.12 (2) (e) of the statutes is repealed.

SB77, s. 3744 Section 3744. 295.12 (3) (intro.) of the statutes is amended to read:

SB77,1496,23 295.12 (3) (title) Text of ordinance Program requirements. (intro.) The text of the nonmetallic mining reclamation ordinance under rules required by sub. (1) (d) (c) shall include all of the following:

SB77, s. 3745 Section 3745. 295.12 (3) (a) and (b) of the statutes are repealed.

SB77, s. 3746 Section 3746. 295.12 (3) (c) of the statutes is amended to read:

SB77,1497,12 295.12 (3) (c) A requirement for the operator to submit a nonmetallic mining reclamation plan including maps, information about the nonmetallic mining site, a proposed land use for which the nonmetallic mining site will be rehabilitated after the nonmetallic mining is completed, a description of the proposed nonmetallic mining reclamation including methods and procedures to be used and a proposed timetable for completion of various stages of the nonmetallic mining reclamation. The reclamation plan shall be designed to ensure successful nonmetallic mining reclamation consistent with the standards under sub. (1) (a), to minimize the costs of nonmetallic mining reclamation and, to the extent practicable, to minimize the area disturbed by nonmetallic mining at one time and provide for nonmetallic mining reclamation of portions of the nonmetallic mining site while nonmetallic mining continues on other portions of the nonmetallic mining site.

SB77, s. 3747 Section 3747. 295.12 (3) (d) of the statutes is amended to read:

SB77,1498,11 295.12 (3) (d) A requirement for the operator to obtain a nonmetallic mining reclamation permit in order to engage in nonmetallic mining or in nonmetallic mining reclamation; a requirement for a 5-year permit term unless a shorter permit term is requested by the applicant; standards equal to the period during which nonmetallic mining is conducted; procedures for the issuance, renewal, modification, suspension or revocation of the reclamation permit; a requirement for public notice and an opportunity for a public informational hearing before issuance, renewal, modification, suspension or revocation of the of a reclamation permit; a requirement to conduct a public hearing on the issuance, renewal or modification of a permit, if requested within 30 days after receipt of the nonmetallic mining operation and reclamation plan; a right for any person who meets the requirements of s. 227.42 (1) to obtain a contested case hearing under ch. 68 on the issuance, renewal, modification, suspension or revocation of a permit for a nonmetallic mine that is not in operation before the date specified under par. (dm); a requirement for cooperative issuance of a single reclamation permit if more than one county or municipality has jurisdiction over the nonmetallic mining site; a requirement for issuance of a single permit for all nonmetallic mining sites operated by the same person in a county or municipality, with nonmetallic mining sites to be added or deleted by permit modification and with separate permit conditions, fees and financial assurance for each nonmetallic mining site; and a requirement that action approving, denying or conditionally approving a reclamation permit be taken within 90 days after receipt of the mining operation and mining reclamation plans plan or, if a public informational hearing is held, within 60 days after the close of the public hearing.

SB77, s. 3748 Section 3748. 295.12 (3) (de) of the statutes is created to read:

SB77,1498,15 295.12 (3) (de) Except as provided in par. (dm), a prohibition on issuance of a reclamation permit before approval of the nonmetallic mining reclamation plan under par. (c) by the county, city, village or town operating the program.

SB77, s. 3749 Section 3749. 295.12 (3) (dm) of the statutes is created to read:

SB77,1498,23 295.12 (3) (dm) A requirement that, when an operator submits an application for a reclamation permit for a nonmetallic mine that is operating before a date specified by the department in the rule, the county, city, village or town issue the permit on the condition that the operator submit a nonmetallic mining reclamation plan under par. (c) that complies with the rules under par. (c) by a deadline established by the county, city, village or town. The deadline shall be from 1 to 3 years after the date of application.

SB77, s. 3750 Section 3750. 295.12 (3) (ds) of the statutes is created to read:

SB77,1499,3 295.12 (3) (ds) A requirement that the county, city, village or town issue a reclamation permit on the condition that the operator submit proof of financial responsibility in accordance with par. (g) within a time specified by the rule.

SB77, s. 3751 Section 3751. 295.12 (3) (e) of the statutes is renumbered 295.12 (3) (e) 1., and 295.12 (3) (e) 1. a. and b., as renumbered, are amended to read:

SB77,1499,7 295.12 (3) (e) 1. a. The examination and approval of operation plans and nonmetallic mining reclamation plans.

SB77,1499,8 b. The inspection of nonmetallic mining and nonmetallic mining reclamation.

SB77, s. 3752 Section 3752. 295.12 (3) (e) 2. of the statutes is created to read:

SB77,1499,11 295.12 (3) (e) 2. A prohibition on basing the fees under subd. 1. on any portion of a nonmetallic mining site that has been reclaimed when the fees are imposed.

SB77, s. 3753 Section 3753. 295.12 (3) (g) of the statutes is amended to read:

SB77,1499,20 295.12 (3) (g) A requirement for the operator to provide a bond, deposit of funds, established escrow account, letter of credit, demonstration of financial responsibility by meeting net worth requirements or other form of financial assurance conditioned on the faithful performance of all of the requirements of the nonmetallic mining reclamation ordinance rules promulgated under this section. The rules shall authorize a county, city, village or town to reduce the amount of financial assurance that an operator is required to provide based on nonmetallic mining reclamation that the operator performs while the nonmetallic mine continues to operate.

SB77, s. 3754 Section 3754. 295.12 (3) (h) of the statutes is amended to read:

SB77,1500,5 295.12 (3) (h) Provisions to restrict nonmetallic mining or restrict, regulate or require certain activities in connection with nonmetallic mining or nonmetallic mining reclamation in order to ensure compliance with nonmetallic mining reclamation standards, operation plans, nonmetallic mining reclamation plans, licensing standards, financial assurance requirements and other requirements of the nonmetallic mining reclamation ordinance. These restrictions, regulations and requirements may include requirements for separations between excavations and property boundaries, for depth of excavations and for segregation of topsoil rules promulgated under this section.

SB77, s. 3755 Section 3755. 295.12 (3) (i) of the statutes is amended to read:

SB77,1500,10 295.12 (3) (i) A prohibition on nonmetallic mining if a proposed nonmetallic mining site, other than a nonmetallic mining site in existence before the effective date of the ordinance, cannot be reclaimed in compliance with the nonmetallic mining reclamation standards in the ordinance under sub. (1) (a).

SB77, s. 3756 Section 3756. 295.12 (3) (j) of the statutes is repealed.

SB77, s. 3757 Section 3757. 295.12 (3) (k) of the statutes is amended to read:

SB77,1500,13 295.12 (3) (k) A provision for orders and penalties consistent with s. 295.19 (3).

SB77, s. 3758 Section 3758. 295.12 (3) (L) of the statutes is amended to read:

SB77,1500,17 295.12 (3) (L) Standards Criteria and procedures for granting exemptions and variances from approving alternatives to the requirements of the nonmetallic mining reclamation ordinance standards under sub. (1) (a).

SB77, s. 3759 Section 3759. 295.13 of the statutes is amended to read:

SB77,1501,2 295.13 (title) Mandatory enactment and administration of ordinance by counties. (1) Mandatory enactment and administration of ordinance. (a) Requirement to enact and administer ordinance. Within 6 months after the effective date of the rules under s. 295.12 (1), each county shall enact and begin to administer a nonmetallic mining reclamation ordinance, the text of which is in strict conformity with the text of the ordinance established under s. 295.12 (1) (d) that complies with those rules, except as provided in sub. subs. (2) and (2m). This ordinance may be enacted separately from an ordinance enacted under s. 59.69.

SB77,1501,16 (2) Preexisting county ordinances. Any county with a nonmetallic mining reclamation ordinance in effect on June 1, 1993, may maintain and administer that ordinance if the department reviews the existing ordinance and determines that it is at least as restrictive as the ordinance established rules under s. 295.12 (1) (d). If the department determines that any part of the existing ordinance is not as restrictive as the ordinance established rules under s. 295.12 (1) (d), the county may amend the ordinance and submit the amended ordinance to the department for approval a determination of whether the amended ordinance is as restrictive as those rules. After obtaining the approval determination of the department under this subsection that an ordinance is as restrictive as the rules under s. 295.12 (1), the county may not amend the ordinance to make it more restrictive. After obtaining the approval of the department under this subsection, the A county may not amend the a nonmetallic mining reclamation ordinance to make it less restrictive than the ordinance established requirements in the rules under s. 295.12 (1) (d).

SB77,1501,19 (3) Applicability of county ordinance. The An ordinance under sub. (1) or (2) applies to the entire area of the county, except for cities, villages and towns that enact and administer a nonmetallic mining reclamation ordinance under s. 295.14.

SB77, s. 3760 Section 3760. 295.13 (2m) of the statutes is created to read:

SB77,1501,25 295.13 (2m) Option for certain counties. In a county with a population of 700,000 or more, if every city, village and town that contains a nonmetallic mining site has enacted an ordinance under s. 295.14 by the first day of the 4th month beginning after the effective date of the rules promulgated under s. 295.12 (1), the county is not required to enact an ordinance under this section.

SB77, s. 3761 Section 3761. 295.14 of the statutes is amended to read:

SB77,1502,9 295.14 Authority to enact and administer ordinance. (1) Authority to enact and administer ordinance. A city, village or town may enact and administer a nonmetallic mining reclamation ordinance, the text of which is in strict conformity with the text of the ordinance that complies with the rules under s. 295.12 (1) (d). Except as provided in sub. (2), a city, village or town may not administer a nonmetallic mining reclamation ordinance, the text of which is not in strict conformity with the text of the ordinance that does not comply with the rules under s. 295.12 (1) (d).

SB77,1502,24 (2) Preexisting municipal ordinances. A city, village or town with a nonmetallic mining reclamation ordinance in effect on June 1, 1993, may maintain and administer that ordinance if the department reviews the existing ordinance and determines that it is at least as restrictive as the ordinance established rules under s. 295.12 (1) (d). If the department determines that any part of the existing ordinance is not as restrictive as the ordinance established rules under s. 295.12 (1) (d), the city, village or town may amend the ordinance and submit the amended ordinance to the department for approval a determination of whether the amended ordinance is as restrictive as those rules. After obtaining the approval determination of the department under this subsection that an ordinance is as restrictive as the rules under s. 295.12 (1), the city, village or town may not amend the ordinance to make it more restrictive. After obtaining the approval of the department under this subsection, the A city, village or town may not amend the a nonmetallic mining reclamation ordinance to make it less restrictive than the ordinance established rules under s. 295.12 (1) (d).

SB77, s. 3762 Section 3762. 295.16 (title) of the statutes is amended to read:

SB77,1503,2 295.16 (title) Applicability of ordinance and standards nonmetallic mining reclamation requirements.

SB77, s. 3763 Section 3763. 295.16 (1) of the statutes is repealed and recreated to read:

SB77,1503,7 295.16 (1) Nonmetallic mining for transportation purposes. (a) Notwithstanding par. (b), any requirements of the department of transportation concerning the restoration of a nonmetallic mining site shall be consistent with the nonmetallic mining reclamation standards established under s. 295.12 (1) (a).

SB77,1503,13 (b) A nonmetallic mining ordinance and the rules promulgated under s. 295.12 (1) do not apply to nonmetallic mining to obtain stone, soil, sand or gravel for the construction, maintenance or repair of a highway, railroad, airport facility or any other transportation facility, if the nonmetallic mining is subject to the requirements of the department of transportation concerning the restoration of the nonmetallic mining site.

SB77, s. 3764 Section 3764. 295.16 (2) of the statutes is amended to read:

SB77,1503,22 295.16 (2) Nonmetallic mining in or near navigable waterways. A nonmetallic mining reclamation ordinance, and requirements of this subchapter other than the standards established under s. 295.12 (1) (a), do not apply to any nonmetallic mining site or portion of a nonmetallic mining site that is subject to permit and reclamation requirements of the department under ss. 30.19, 30.195, 30.20, 30.30 and 30.31. The nonmetallic mining standards established under s. 295.12 (1) (a) do apply to a nonmetallic mining site that is subject to permit and reclamation requirements of the department under ss. 30.19, 30.195, 30.20, 30.30 and 30.31.

SB77, s. 3765 Section 3765. 295.16 (4) (b) of the statutes is amended to read:

SB77,1504,3 295.16 (4) (b) Excavations or grading conducted for highway the construction purposes within the highway right-of-way, reconstruction, maintenance or repair of a highway, railroad, airport facility or any other transportation facility if the excavation or grading is within the property boundaries of the transportation facility.

SB77, s. 3766 Section 3766. 295.16 (4) (g) of the statutes is amended to read:

SB77,1504,14 295.16 (4) (g) Any activities conducted at a solid waste or hazardous waste disposal site required to prepare, operate or close a solid waste disposal facility under subchs. II to IV of ch. 289 or a hazardous waste disposal facility under ch. 291 that are conducted on the property on which the facility is located, but a nonmetallic mining reclamation ordinance and the standards established under s. 295.12 (1) (a) apply to activities related to solid waste or hazardous waste disposal that are conducted at a nonmetallic mining site that is not part of on the property on which the solid waste or hazardous waste disposal facility is located such as activities to obtain nonmetallic minerals to be used for lining, capping, covering or constructing berms, dikes or roads.

SB77, s. 3767 Section 3767. 295.16 (4) (h) of the statutes is repealed.

SB77, s. 3768 Section 3768. 295.17 (1) of the statutes is amended to read:

SB77,1505,2 295.17 (1) An agent of a county, city, village or town that has a valid nonmetallic mining reclamation ordinance that complies with s. 295.13 or 295.14 may enter a nonmetallic mining site in the performance of his or her official duties at any reasonable time in order to inspect those premises and to ascertain compliance with the nonmetallic mining reclamation ordinance this subchapter. No person may refuse entry or access to an agent of the county, city, village or town who requests entry for purposes of inspection, and who presents appropriate credentials. No person may obstruct, hamper or interfere with the inspection. The county, city, village or town shall furnish to the operator any report prepared by the county, city, village or town regarding the inspection.

SB77, s. 3769 Section 3769. 295.18 (1) (intro.) of the statutes is amended to read:

SB77,1505,8 295.18 (1) Review. (intro.) The department shall periodically review the nonmetallic mining reclamation program under this subchapter of each county and each city, village or town that exercises jurisdiction under this subchapter to ascertain compliance with this subchapter and the rules promulgated under this subchapter. This review shall include all of the following:

SB77, s. 3770 Section 3770. 295.18 (1) (c) of the statutes is amended to read:

SB77,1505,12 295.18 (1) (c) A written determination by the department, issued every 3 at least once every 10 years, of whether or not the county, city, village or town is in compliance with this subchapter and rules promulgated under this subchapter.

SB77, s. 3771 Section 3771. 295.18 (2) of the statutes is amended to read:

SB77,1505,23 295.18 (2) Noncompliance; hearing. If the department determines under sub. (1) that a county, city, village or town is not in compliance with this subchapter and rules promulgated under this subchapter, the department shall notify the county, city, village or town of that determination. If the department determines that a county, city, village or town has not come into compliance after notification, the department shall consult with the nonmetallic mining council. If the department decides to pursue the matter, it shall conduct a hearing, after 30 days' notice, in the county, city, village or town. As soon as practicable after the hearing, the department shall issue a written decision regarding compliance with this subchapter and rules promulgated under this subchapter.

SB77, s. 3772 Section 3772. 295.18 (4) of the statutes is amended to read:

SB77,1506,18 295.18 (4) County noncompliance; consequences. If the department determines issues a written decision under sub. (2) that a county is not in compliance with this subchapter and rules promulgated under this subchapter, the department shall administer the nonmetallic mining reclamation program in that county, including the collection of fees, review and approval of plans, inspection of nonmetallic mining sites and enforcement, except that the department may not administer the nonmetallic mining reclamation program in a city, village or town that enacted an ordinance that complies with s. 295.14 before the department made its determination under sub. (2) and is administering that ordinance. The county may apply to the department at any time to resume administration of the nonmetallic mining reclamation program. The department, after a hearing, may approve the county request to administer the nonmetallic mining reclamation program if the county demonstrates the capacity to comply with this subchapter and rules promulgated under this subchapter. No city, village or town may enact an ordinance under s. 295.14 for and begin to implement a nonmetallic mining reclamation program during the time that the department administers the nonmetallic mining reclamation program in the county in which the city, village or town is located.

SB77, s. 3773 Section 3773. 295.19 (1) (intro.), (a), (b) and (c) of the statutes are amended to read:

SB77,1506,24 295.19 (1) Orders; enforcement. (intro.) The governing body of a county, city, village or town that has a valid nonmetallic mining reclamation ordinance that complies with s. 295.13 or 295.14, or an agent designated by that governing body, may do any of the following:

SB77,1507,5 (a) Issue a compliance order, suspension order or termination an order as authorized in requiring an operator to comply with, or to cease violating, this subchapter, rules promulgated under this subchapter, the nonmetallic mining reclamation ordinance, a nonmetallic mining reclamation permit or an approved nonmetallic mining reclamation plan.

SB77,1507,8 (b) Modify, suspend or revoke Issue an order suspending or revoking a nonmetallic mining permit as authorized in the nonmetallic mining reclamation ordinance.

SB77,1507,14 (c) Issue a special an order directing the immediate cessation of an operator to immediately cease an activity regulated under this subchapter, under rules promulgated under this subchapter or under the nonmetallic mining reclamation ordinance until the necessary nonmetallic mining reclamation plan approval is obtained or until the nonmetallic mining site complies with the nonmetallic mining reclamation ordinance.

SB77, s. 3774 Section 3774. 295.19 (2) of the statutes is amended to read:

SB77,1507,19 295.19 (2) Department orders. The department may issue a special an order directing the immediate cessation of an activity regulated under this subchapter until the nonmetallic mining site complies with the nonmetallic mining reclamation standards established under s. 295.12 (1) (a).

SB77, s. 3775 Section 3775. 295.19 (3) (b) 1. of the statutes is amended to read:

SB77,1507,25 295.19 (3) (b) 1. Except for the violations enumerated in par. (a), any person who violates this subchapter or any rule promulgated or any plan approval, license or special order issued under this subchapter shall forfeit not less than $10 nor more than $5,000 for each violation. Each day of continued violation is a separate offense. While the an order is suspended, stayed or enjoined, this penalty does not accrue.

SB77, s. 3776 Section 3776. 295.20 (title) of the statutes is amended to read: