AB426-ASA1,161,3
11. Issue an order requiring the operator to comply with the law, mining plan,
2reclamation plan, or mining waste site feasibility study and plan of operation within
3a specified time.
AB426-ASA1,161,54
2. Require the alleged violator to appear before the department for a hearing
5and answer the department's charges.
AB426-ASA1,161,66
3. Request the department of justice to initiate action under s. 295.79.
AB426-ASA1,161,107
(b) Any order issued under par. (a) 1. following a hearing takes effect
8immediately. Any other order takes effect 10 days after the date the order is served,
9unless the person named in the order requests in writing a hearing before the
10department within the 10-day period.
AB426-ASA1,161,1411
(c) If no hearing on an order issued under par. (a) 1. was held and if the
12department receives a request for a hearing within 10 days after the date the order
13is served, the department shall provide due notice and hold a hearing. If after the
14hearing the department finds that no violation has occurred, it shall rescind its order.
AB426-ASA1,161,1915
(d) If an operator fails to comply with an order issued under par. (a) 1. within
16the time for compliance specified in the order, the department shall suspend the
17mining permit until the operator fully complies with the order, except that if the
18operator seeks review of the order under s. 295.77, mining may continue until the
19final disposition of the action, except as provided under sub. (4).
AB426-ASA1,161,2220
(e) The department shall inform the department of justice of a suspension
21under par. (d) within 14 days. After receiving notice of a suspension, the department
22of justice may commence an action under s. 295.79.
AB426-ASA1,162,7
23(2) If reclamation of a mining site is not proceeding in accordance with the
24reclamation plan and the operator has not begun to rectify deficiencies within the
25time specified in an order, or if the reclamation is not properly completed in
1conformance with the reclamation plan within one year after completion or
2abandonment of mining on any portion of the mining site, unless because of acts of
3God, such as adverse weather affecting grading, planting, and growing conditions,
4the department, with the staff, equipment, and material under its control, or by
5contract with others, shall take the actions that are necessary for the reclamation of
6mined areas. The operator is liable for the cost to the state of reclamation conducted
7under this subsection.
AB426-ASA1,162,13
8(3) The department shall cancel all other mining permits held by an operator
9who refuses to reclaim a mining site in compliance with the reclamation plan after
10the completion of mining or after the cancellation of a mining permit. The
11department may not issue any mining permit for that mining site or any other
12mining site in this state to an operator who refused to reclaim the mining site in
13compliance with the reclamation plan.
AB426-ASA1,162,19
14(4) At any time that the department determines that the continuance of mining
15constitutes an immediate and substantial threat to public health and safety or the
16environment, the department may request the department of justice to institute an
17action in circuit court of the county in which the mine is located for a restraining
18order or injunction or other appropriate remedy to stop mining until the immediate
19and substantial threat is eliminated.
AB426-ASA1,162,21
20(5) Section 281.346 (7m) does not apply to a water withdrawal associated with
21a mining operation for which a mining permit has been issued.
AB426-ASA1,162,25
22295.79 Enforcement; penalties. (1) The department of justice shall enforce
23this subchapter and any order issued under this subchapter. The circuit court of the
24county where the violation occurred has jurisdiction to enforce this subchapter or any
25orders issued under this subchapter, by injunction or other appropriate relief.
AB426-ASA1,163,4
1(2) (a) Any person who authorizes or engages in mining without a mining
2permit and written authorization to mine under s. 295.59 (3) shall forfeit all profits
3obtained from those illegal activities and not more than $5,000 for each day during
4which the mine was in operation.
AB426-ASA1,163,65
(b) A person to whom par. (a) applies is also liable to the department for the full
6cost of reclaiming the affected area of land and any damages caused by the mining.
AB426-ASA1,163,107
(c) If the violator of par. (a) is a corporation, limited liability company,
8partnership, or association, any officer, director, member, manager, or partner who
9knowingly authorizes, supervises, or contracts for mining is also subject to the
10penalties in this subsection.
AB426-ASA1,163,18
11(3) Any person who makes or causes to be made in an application or report
12required by this subchapter a statement known to the person to be false or
13misleading in any material respect or who refuses to submit information required by
14a mining permit or by this subchapter may be fined not less than $1,000 nor more
15than $5,000. If the false or misleading statement is material to the issuance of the
16mining permit and the mining permit would not have been issued had the false or
17misleading statement not been made, the court may revoke the mining permit. If any
18violation under this subsection is repeated the court may revoke the mining permit.
AB426-ASA1,163,24
19(4) (a) Any person who commits a violation of this subchapter or any permit or
20order issued under this subchapter, except for the violations enumerated in subs. (2)
21or (3), shall forfeit not less than $10 nor more than $5,000 for each violation. Each
22day of continued violation is a separate offense, except that no forfeiture may be
23imposed during the time that continued mining is authorized under s. 295.63 (3).
24While an order is suspended, stayed, or enjoined, this penalty does not accrue.
AB426-ASA1,164,6
1(b) In addition to the penalties provided under par. (a), the court may award
2the department of justice the reasonable and necessary expenses of the investigation
3and prosecution of the violation, including attorney fees. The department of justice
4shall deposit in the state treasury for deposit into the general fund all moneys that
5the court awards to the department or the state under this paragraph. These moneys
6shall be credited to the appropriation account under s. 20.455 (1) (gh).
AB426-ASA1,164,8
7(5) Any person having an interest that is or may be adversely affected may
8intervene as a matter of right, in any enforcement action brought under this section.
AB426-ASA1, s. 66
9Section
66. 299.85 (7) (a) 2. and 4. of the statutes are amended to read:
AB426-ASA1,164,2310
299.85
(7) (a) 2. Notwithstanding minimum or maximum forfeitures specified
11in ss. 29.314 (7), 29.334 (2), 29.604 (5) (a), 29.611 (11), 29.889 (10) (c) 2., 29.969,
1229.971 (1) (a), (1m) (a), (3), (3m), (11g) (b), (11m) (b), and (11r) (b), 30.298 (1), (2), and
13(3), 30.49 (1) (a) and (c), 31.23 (2), 281.75 (19), 281.98 (1), 281.99 (2) (a) 1., 283.91 (2),
14285.41 (7), 285.57 (5), 285.59 (8), 285.87 (1), 287.95 (1), (2) (b), and (3) (b), 287.97,
15289.96 (2) and (3) (a), 291.97 (1), 292.99 (1) and (1m), 293.81, 293.87 (3) and (4) (a),
16295.19 (3) (a) and (b) 1., 295.37 (2),
295.79 (2), (3), and (4), 299.15 (4), 299.51 (5),
17299.53 (4) (c) 1., 299.62 (3) (a) and (c), and 299.97 (1), if a regulated entity that
18qualifies under sub. (2) for participation in the Environmental Compliance Audit
19Program corrects violations that it discloses in a report that meets the requirements
20of sub. (3) within 90 days after the department receives the report that meets the
21requirements of sub. (3), the regulated entity may not be required to forfeit more than
22$500 for each violation, regardless of the number of days during which the violation
23continues.
AB426-ASA1,165,1024
4. Notwithstanding minimum or maximum forfeitures specified in ss. 29.314
25(7), 29.334 (2), 29.604 (5) (a), 29.611 (11), 29.889 (10) (c) 2., 29.969, 29.971 (1) (a), (1m)
1(a), (3), (3m), (11g) (b), (11m) (b), and (11r) (b), 30.298 (1), (2), and (3), 30.49 (1) (a) and
2(c), 31.23 (2), 281.75 (19), 281.98 (1), 281.99 (2) (a) 1., 283.91 (2), 285.41 (7), 285.57
3(5), 285.59 (8), 285.87 (1), 287.95 (1), (2) (b), and (3) (b), 287.97, 289.96 (2) and (3) (a),
4291.97 (1), 292.99 (1) and (1m), 293.81, 293.87 (3) and (4) (a), 295.19 (3) (a) and (b)
51., 295.37 (2),
295.79 (2), (3), and (4), 299.15 (4), 299.51 (5), 299.53 (4) (c) 1., 299.62
6(3) (a) and (c), and 299.97 (1), if the department approves a compliance schedule
7under sub. (6) and the regulated entity corrects the violations according to the
8compliance schedule, the regulated entity may not be required to forfeit more than
9$500 for each violation, regardless of the number of days during which the violation
10continues.
AB426-ASA1,166,3
12299.95 Enforcement; duty of department of justice; expenses. The
13attorney general shall enforce chs. 281 to 285 and 289 to 295 and this chapter, except
14ss. 285.57, 285.59, and 299.64, and all rules, special orders, licenses, plan approvals,
15permits, and water quality certifications of the department, except those
16promulgated or issued under ss. 285.57, 285.59, and 299.64 and except as provided
17in ss. 285.86 and 299.85 (7) (am).
The Except as provided in s. 295.79 (1), the circuit
18court for Dane county or for any other county where a violation occurred in whole or
19in part has jurisdiction to enforce chs. 281 to 285 and 289 to 295 or this chapter or
20the rule, special order, license, plan approval, permit, or certification by injunctional
21and other relief appropriate for enforcement. For purposes of this proceeding where
22chs. 281 to 285 and 289 to 295 or this chapter or the rule, special order, license, plan
23approval, permit or certification prohibits in whole or in part any pollution, a
24violation is considered a public nuisance. The department of natural resources may
25enter into agreements with the department of justice to assist with the
1administration of chs. 281 to 285 and 289 to 295 and this chapter. Any funds paid
2to the department of justice under these agreements shall be credited to the
3appropriation account under s. 20.455 (1) (k).
AB426-ASA1,166,65
323.60
(1) (gm) "Minerals" mean unbeneficiated metallic ore but does not
6include mineral aggregates such as stone, sand, and gravel.
AB426-ASA1,166,178
323.60
(5) (d) 3. All facilities with 10 or more employees in major group
9classifications 10 to 13 in the standard industrial classification manual, 1987
10edition, published by the U.S. office of management and budget, at which a toxic
11chemical is used at or above an applicable threshold quantity, except that compliance
12with the toxic chemical release form requirements under this subdivision is not
13required for the placement of a toxic chemical in a storage or disposal site or facility
14that is located at a facility with a permit under ch. 293
or a mining permit under
15subch. III of ch. 295 if the toxic chemical consists of or is contained in merchantable
16by-products
, as defined in s. 293.01 (7)
or 295.41 (25), minerals
as defined in s. 293.01
17(8), or refuse
, as defined in s. 293.01 (25)
or 295.41 (41).
AB426-ASA1,166,2019
710.02
(2) (d) An exploration mining lease as defined in s. 107.001 (1) and land
20used for mining and associated activities
under chs. 293 and 295.
AB426-ASA1,167,723
(a) The department of natural resources shall submit in proposed form rules
24revising chapters NR 130, 131, 132, and 182, Wisconsin Administrative Code, that
25are in effect on the effective date of this paragraph and revising any other rules
1promulgated under section 293.13 (1) (a) of the statutes that are in effect on the
2effective date of this paragraph to the legislative council staff under section 227.15
3(1) of the statutes no later than the first day of the 5th month beginning after the
4effective date of this paragraph. The proposed revised rules shall clarify that
5chapters NR 130, 131, 132, and 182, Wisconsin Administrative Code, and any other
6rules promulgated under section 293.13 (1) (a) of the statutes do not apply to ferrous
7metallic mining.
AB426-ASA1,167,188
(b) The department of natural resources shall submit in proposed form rules
9revising chapters NR 500 to 555 and 600 to 679, Wisconsin Administrative Code, that
10are in effect on the effective date of this paragraph and revising any other rules
11promulgated under sections 289.05 and 289.06 (1) of the statutes that are in effect
12on the effective date of this paragraph to the legislative council staff under section
13227.15 (1) of the statutes no later than the first day of the 5th month beginning after
14the effective date of this paragraph. The department shall revise the rules in
15chapters NR 500 to 555 and 600 to 679, Wisconsin Administrative Code, and any
16other rules promulgated under sections 289.05 and 289.06 (1) of the statutes so that
17they are consistent with subchapter III of chapter 295, of the statutes, as created by
18this act.
AB426-ASA1,167,2519
(c) The department of natural resources shall submit, to the legislative council
20staff under section 227.15 (1) of the statutes, no later than the first day of the 5th
21month beginning after the effective date of this paragraph, in proposed form rules
22revising any rules of the department that are in effect on the effective date of this
23paragraph, in addition to the rules under paragraphs (a
) and (b), that provide
24exemptions for nonferrous mining or associated activities to provide the same
25exemptions for ferrous mining and associated activities.
AB426-ASA1,168,3
1(d) Notwithstanding section 227.137 (2) of the statutes, the department of
2natural resources is not required to prepare an economic impact report for the
3revised rules required under paragraphs (a
) to (c).