SB488-SSA2,158,1818
(d) Implement the applicable portions of the approved contingency plan.
SB488-SSA2,159,13
19(5) Response concerning preventive action limits. In accordance with s. NR
20140.24 (1) to (5), Wis. Adm. Code, the department shall evaluate the range of
21responses proposed by the operator when a preventive action limit or an alternative
22concentration limit to a preventive action limit is attained or exceeded and the
23analysis of samples indicates that the quality of groundwater is statistically
24significantly different from either baseline water quality or background water
25quality at a point of standards application. In designating the appropriate response,
1the department shall evaluate the operator's proposed range of responses, including
2any alternate responses to those identified in s. NR 140.24, Wis. Adm. Code. For any
3alternate responses, the department shall consider the technical and economic
4feasibility of alternate responses, the practicality of stopping the further release of
5the substance, and the risks and benefits of continued mining operations. The
6department shall designate the appropriate response, except that, notwithstanding
7s. 160.21 (3) and the rule-making authority under s. 160.21 (1), the department may
8not prohibit a practice or activity or require closure and abandonment of a mining
9waste site, including any wastewater and sludge storage or treatment lagoon, unless
10it has followed the procedures in s. 295.78 and satisfies the requirements of s. 160.23
11(4) and (6). The department may determine that no response is necessary and that
12an exemption is not required when the requirements of s. NR 140.24 (5) (a) or (b), Wis.
13Adm. Code are met.
SB488-SSA2,160,3
14(6) Response concerning enforcement standards. (a) In accordance with s.
15NR 140.26 (1) and (2), Wis. Adm. Code, the department shall evaluate the range of
16responses proposed by the operator based on the responses listed in Table 6 of s. NR
17140.26, Wis. Adm. Code, when an enforcement standard or an alternative
18concentration limit to an enforcement standard is attained or exceeded and the
19analysis of samples indicates that the quality of groundwater is statistically
20significantly different from either baseline water quality or background water
21quality at a point of standards application. In designating the appropriate response,
22the department shall evaluate the operator's proposed range of responses against
23those identified in Table 6 of s. NR 140.26, Wis. Adm. Code. The department shall
24designate the appropriate response, except that, notwithstanding ss. 160.21 (3) and
25160.25 (1) (a) and the rule-making authority under s. 160.21 (1), the department may
1not prohibit a practice or activity or require closure and abandonment of a mining
2waste site, including any wastewater and sludge storage or treatment lagoon, unless
3it has followed the procedures in s. 295.78 and all of the following apply:
SB488-SSA2,160,44
1. The department bases its decision upon reliable test data.
SB488-SSA2,160,75
2. The department determines, to a reasonable certainty, by the greater weight
6of the credible evidence, that no other remedial action would prevent the violation
7of the enforcement standard at the point of standards application.
SB488-SSA2,160,98
3. The department establishes the basis for the boundary and duration of the
9prohibition.
SB488-SSA2,160,1210
4. The department ensures that any prohibition imposed is reasonably related
11in time and scope to maintaining compliance with the enforcement standard at the
12point of standards application.
SB488-SSA2,160,2013
5. If the substance involved is naturally occurring, unless the substance
14involved is carcinogenic, teratogenic, or mutagenic in humans, the department
15considers the existence of the background concentration of the substance in
16evaluating response options to the noncompliance with the enforcement standard or
17alternative concentration limit for that substance and determines that the proposed
18prohibition will result in the protection of or substantial improvement in
19groundwater quality notwithstanding the background concentrations of the
20substance.
SB488-SSA2,161,221
(b) The department may only require a remedial action to be taken if the
22remedial action is reasonably related in time and scope to the substance, activity, or
23practice that caused the enforcement standard or alternative concentration limit to
24an enforcement standard to be attained or exceeded and the quality of groundwater
1to be statistically significantly different from either baseline water quality or
2background water quality at the point of standards application.
SB488-SSA2,161,143
(c) If nitrates or any substance of welfare concern attains or exceeds an
4enforcement standard and if the analysis of samples indicates that the quality of
5groundwater is statistically significantly different from either baseline or
6background water quality, then the department shall evaluate whether the
7enforcement standard was attained or exceeded in whole or in part due to high
8background water quality concentrations of the substance and whether the
9additional concentrations represent a public welfare concern before it designates the
10appropriate response and, notwithstanding ss. 160.21 (3) and 160.25 (1) (a) and the
11rule-making authority under s. 160.21 (1), the department may not prohibit a
12practice or activity or require closure and abandonment of a mining waste site,
13including any wastewater and sludge storage or treatment lagoon, unless it has
14followed the procedures in s. 295.78 and par. (a) 1. to 4. apply.
SB488-SSA2,161,1615
(d) If compliance with an enforcement standard is achieved at a point of
16standards application, then sub. (5) applies.
SB488-SSA2,161,24
17(6m) Mandatory intervention boundary for mining waste site and mine. (a)
18Except as provided under par. (am), the horizontal distance to the mandatory
19intervention boundary for a mining waste site is 300 feet from the outer waste
20boundary or the outer edge of the excavation, unless the boundary of the design
21management zone is within 600 feet of the outer waste boundary or the outer edge
22of the excavation, in which case the mandatory intervention boundary is one-half
23the distance from the outer waste boundary or the outer edge of the excavation to the
24boundary of the design management zone.
SB488-SSA2,162,4
1(am) The department may reduce the mandatory intervention boundary under
2par. (a) by a horizontal distance of up to 150 feet if the department determines that
3the reduction is necessary to adequately identify and respond to potential
4groundwater quality issues.
SB488-SSA2,162,105
(b) An operator shall monitor groundwater quality at locations approved by the
6department along the mandatory intervention boundary, except for any portion of
7the mandatory intervention boundary that is within another mandatory
8intervention boundary, and within the mandatory intervention boundary. When
9approving locations for monitoring, the department shall ensure that duplicative
10monitoring is not required within overlapping mandatory intervention boundaries.
SB488-SSA2,162,1411
(c) 1. Notwithstanding sub. (5), if a preventive action limit or an enforcement
12standard has been exceeded beyond the mandatory intervention boundary, the
13department shall require a response in accordance with s. NR 140.24, Wis. Adm.
14Code, except that s. NR 140.24 (5), Wis. Adm. Code, does not apply.
SB488-SSA2,162,2115
2. If sampling results indicate that an enforcement standard or a preventive
16action limit has been exceeded within, but not beyond, the mandatory intervention
17boundary and a comparison of sampling results to the results of modeling indicates
18that the sampling results are consistent with the design and expected performance
19of the mining waste site, the operator may recommend a no response action, and the
20department may approve a no response action if that is authorized under s. NR
21140.24 (5), Wis. Adm. Code.
SB488-SSA2,162,23
22(7) Environmental analysis not required. An action under sub. (5) or (6) with
23respect to a specific site does not constitute a major state action under s. 1.11 (2).
SB488-SSA2,163,2
24(8) Exemptions to groundwater quality standards. When issuing or
25modifying a mining permit or issuing or reissuing any other approval, the
1department may grant an exemption from a groundwater quality standard and
2establish an alternative concentration limit to a groundwater quality standard.
SB488-SSA2,163,5
3(9) Applicability of other law. Chapter NR 140, Wis Adm. Code, applies to
4mining operations and mining sites, including mining waste sites, only to the extent
5that it does not conflict with this section.
SB488-SSA2,163,11
6295.65 Successors. (1) When one operator succeeds to the interest of another
7in an uncompleted mining operation by sale, assignment, lease, or otherwise, the
8department shall release the first operator from the duties imposed upon the first
9operator by this subchapter as to the mining operation and transfer the mining
10permit and any approvals under ss. 295.60, 295.605, and 295.61 to the successor
11operator if all of the following apply:
SB488-SSA2,163,1312
(a) The successor operator agrees to comply with the requirements of this
13subchapter.
SB488-SSA2,163,1714
(b) The successor operator discloses whether it has forfeited any performance
15security because of noncompliance with any mining laws within the previous 10
16years, posts any bond or other security required under s. 295.59, and assumes all
17responsibilities of all applicable approvals granted to the predecessor operator.
SB488-SSA2,163,19
18(2) The department is not required to prepare an environmental impact
19statement or an environmental assessment for the purposes of this section.
SB488-SSA2,164,9
20295.66 Cessation of mining or reclamation. If there is a cessation of
21mining or reclamation for 30 days or more that is not set forth in either the mining
22plan or the reclamation plan, the operator shall notify the department of the
23cessation within 48 hours of the cessation of mining and shall begin stabilization of
24the mining site. The department may require the operator to provide technical,
25engineering, and any other information that the operator believes shows that its
1actions to stabilize the mining site are adequate. If the department determines, after
2reviewing the information provided by the operator, that the proposed stabilization
3of the mining site will result in a substantial adverse impact to the environment, the
4department shall order the operator to begin additional measures to protect the
5environment, including, if the cessation is reasonably anticipated to extend for a
6protracted period of time, reclamation according to the reclamation plan or part of
7the reclamation plan. Usual and regular shutdown of operations on weekends, for
8maintenance or repair of equipment or facilities, or for other customary reasons do
9not constitute a cessation of mining.
SB488-SSA2,164,13
10295.67 Determination of abandonment of mining. (1) Except as provided
11in sub. (2), abandonment of mining occurs if there is a cessation of mining, not set
12forth in an operator's mining plan or reclamation plan or by any other sufficient
13written or constructive notice, extending for more than 6 consecutive months.
SB488-SSA2,164,14
14(2) Abandonment of mining does not occur if all of the following apply:
SB488-SSA2,164,1615
(a) The cessation of mining is due either to labor strikes or to unforeseen
16developments such as adverse market conditions.
SB488-SSA2,164,1817
(b) The cessation of mining does not continue beyond the time, not to exceed
185 years, specified by the department.
SB488-SSA2,164,2019
(c) The mining site is maintained in an environmentally stable manner during
20the cessation of mining.
SB488-SSA2,164,2221
(d) The reclamation of the mining site continues according to the reclamation
22plan during the cessation of mining to the extent practicable.
SB488-SSA2,165,7
23295.68 Certificates of completion and release of security. (1) Upon the
24petition of the operator, but not less than 4 years after notification to the department
25by the operator of the completion of the reclamation plan or not less than one year
1after notification to the department by the operator of the completion of the
2reclamation plan as to a portion of the mining site, if the department finds that the
3operator has completed reclamation of any portion of the mining site in accordance
4with the reclamation plan and this subchapter, the department shall issue a
5certificate of completion setting forth a description of the area reclaimed and a
6statement that the operator has fulfilled its duties under the reclamation plan as to
7that area.
SB488-SSA2,165,13
8(2) Upon the issuance of any certificate of completion under sub. (1) for any
9portion of the mining site, but not for the entire mining site, the department shall
10allow the operator to reduce the amount of the bond or other security provided under
11s. 295.59 (1) to an amount equal to the estimated cost of reclamation of the portion
12of the mining site that is disturbed or for which reclamation has been completed but
13no certificate of completion has been issued.
SB488-SSA2,165,19
14(3) Upon issuance of a certificate or certificates of completion of reclamation
15for the entire mining site, the department shall require the operator to maintain a
16bond or other security under s. 295.59 (1) equal to at least 10 percent of the cost to
17the state of reclamation of the entire mining site, except that if the mining site in the
18mining plan is less than 10 acres, the department may release the bond or other
19security after issuance of the certificate of completion for the entire mining site.
SB488-SSA2,165,23
20(4) After 10 years after the issuance of a certificate or certificates of completion
21for the entire mining site, the department shall release the remaining bond or other
22security provided under s. 295.59 (1) if the department finds that the reclamation
23plan has been complied with.
SB488-SSA2,166,13
24295.69 Termination of proof of financial responsibility for long-term
25care of mining waste site. (1) One year after closure, and annually thereafter
1until the department terminates the obligation to maintain proof of financial
2responsibility for long-term care of a mining waste site under sub. (2) (c), an operator
3who has carried out all necessary long-term care during the preceding year, may
4apply to the department for a reduction in the amount of the proof of financial
5responsibility provided under s. 295.59 (2m) equal to the costs of long-term care for
6that year. The operator shall provide an itemized list of costs incurred. If the
7department determines that the costs incurred are in accordance with the long-term
8care requirements in the approved waste site feasibility study and plan of operation
9and that adequate funds exist to complete required long-term care for the remainder
10of the 40-year period on which the amount of the proof of financial responsibility was
11originally determined, the department shall authorize in writing a reduction in the
12amount of proof of financial responsibility provided. The department shall make its
13determinations within 90 days of an application.
SB488-SSA2,166,23
14(2) (a) An operator may apply to the department for termination of its
15obligation to maintain proof of financial responsibility for long-term care of the
16mining waste site under s. 295.59 (2m) at any time after the mining waste site has
17been closed for 20 years by submitting an application that demonstrates that
18continuation of the obligation to maintain proof of financial responsibility for
19long-term care is not necessary for adequate protection of public health or the
20environment. The burden is on the operator to prove by a preponderance of the
21evidence that continuation of the obligation to maintain proof of financial
22responsibility for long-term care is not necessary for adequate protection of public
23health or the environment.
SB488-SSA2,167,724
(b) Within 30 days of receiving an application under par. (a), the department
25shall provide notice to the public of the application for termination of the obligation
1to maintain proof of financial responsibility for long-term care. In the notice, the
2department shall invite the submission of written comments by any person on the
3application within 30 days of the day on which the notice is published. The
4department shall provide the notice by publishing a class 1 notice under ch. 985 in
5the official newspaper designated under s. 985.04 or 985.05 or, if none exists, in a
6newspaper likely to give notice in the area of the mining waste site. The department
7shall also send the notice to the operator.
SB488-SSA2,167,158
(c) Within 120 days of the day on which the department publishes the notice
9under par. (b), the department shall determine either that proof of financial
10responsibility for long-term care of the mining waste site is no longer required, in
11which case the applicant is relieved of the responsibility of providing proof of
12financial responsibility for long-term care, or that proof of financial responsibility
13for long-term care of the mining waste site is still required, in which case the
14applicant may not submit another application under par. (a) until at least 5 years
15have elapsed since the previous application.
SB488-SSA2,167,25
16295.695 Inspections by the department.
(1) Any duly authorized officer,
17employee, or representative of the department who has received the safety training
18under
30 CFR 48.31 may enter and inspect any property, premises, or place on or at
19which any mining operation or facility is located or is being constructed or installed
20at any reasonable time for the purpose of ascertaining the state of compliance with
21this subchapter and the provisions of chs. 281, 283, 285, 289, 291, 292, and 299 and
22rules promulgated under those chapters that are applicable to the mining operation.
23No person may refuse entry or access to any authorized representative of the
24department who requests entry for purposes of inspection, and who presents
25appropriate credentials.
SB488-SSA2,168,2
1(2) No person may obstruct, hamper, or interfere with any inspection
2authorized in sub. (1).
SB488-SSA2,168,5
3(3) The department shall furnish to the operator a written report on any
4inspection setting forth all observations, relevant information, and data that relate
5to compliance status.
SB488-SSA2,168,9
6295.73 Fees. (1) (a) Except as provided in par. (b), an applicant for a mining
7permit is not required to pay any application or filing fee for any approval other than
8a mining permit, notwithstanding any fee required under ch. 23, 29, 30, 169, 281,
9283, 285, 289, or 291, or rules promulgated under those chapters.
SB488-SSA2,168,1110
(b) An applicant for a mining permit shall pay any fee required under s. 281.343
11(3) (c) 1.
SB488-SSA2,168,16
12(3) (a) The department shall assess an applicant a fee equal to its costs, other
13than costs of a contract under par. (d), for evaluating the mining project, including
14the costs for consultants retained by the department to evaluate the application for
15the mining permit and the application for any other approval, or $2,000,000,
16whichever is less.
SB488-SSA2,168,1717
(b) The applicant shall pay the fees under par. (a) as follows:
SB488-SSA2,168,2018
1. One hundred thousand dollars shall be paid at the time that the bulk
19sampling plan is filed under s. 295.45 or at the time that the notice of the intention
20to file a mining permit application is filed, whichever is first.
SB488-SSA2,168,2321
2. Two hundred fifty thousand dollars when the department provides cost
22information demonstrating that the payment under subd. 1. has been fully allocated
23against actual costs.
SB488-SSA2,169,3
13. Two hundred fifty thousand dollars when the department provides cost
2information demonstrating that the payment under subd. 2. has been fully allocated
3against actual costs.
SB488-SSA2,169,64
4. Two hundred fifty thousand dollars when the department provides cost
5information demonstrating that the payment under subd. 3. has been fully allocated
6against actual costs.
SB488-SSA2,169,97
5. Two hundred fifty thousand dollars when the department provides cost
8information demonstrating that the payment under subd. 4. has been fully allocated
9against actual costs.
SB488-SSA2,169,1210
6. Two hundred fifty thousand dollars when the department provides cost
11information demonstrating that the payment under subd. 5. has been fully allocated
12against actual costs.
SB488-SSA2,169,1513
7. Two hundred fifty thousand dollars when the department provides cost
14information demonstrating that the payment under subd. 6. has been fully allocated
15against actual costs.
SB488-SSA2,169,1816
8. Two hundred fifty thousand dollars when the department provides cost
17information demonstrating that the payment under subd. 7. has been fully allocated
18against actual costs.
SB488-SSA2,169,2119
9. One hundred fifty thousand dollars when the department provides cost
20information demonstrating that the payment under subd. 8. has been fully allocated
21against actual costs.
SB488-SSA2,170,222
(c) After the department approves or denies the application for a mining permit
23or, if the applicant withdraws the application for a mining permit, after the applicant
24withdraws the application, the department shall refund to the applicant any amount
1paid by the applicant under par. (a) but not fully allocated against the department's
2actual costs.
SB488-SSA2,170,63
(d) In addition to the fees under par. (a), if the department contracts under s.
4295.53 (1) with a consultant to assist in preparation of an environmental impact
5statement and awards the contract on the basis of competitive bids, the applicant
6shall pay the full costs as provided in the contract.
SB488-SSA2,170,9
7(4) Subchapter VI of ch. 289 does not apply to mining waste disposed of in a
8mining waste site covered by a mining permit, except that an operator shall pay the
9fees specified in ss. 289.63 (4), 289.64 (3), and 289.67 (1) (d).
SB488-SSA2,170,13
10295.75 Effect of other laws. (1) Except as provided in sub. (2), if there is a
11conflict between a provision in this subchapter and a provision in ch. 23, 29, 30, 160,
12169, 281, 283, 285, 289, or 291 or in a rule promulgated under one of those chapters,
13the provision in this subchapter controls.
SB488-SSA2,170,15
14(2) (a) If there is a conflict between a provision in this subchapter and a
15provision in s. 281.343, the provision in s. 281.343 controls.
SB488-SSA2,170,1716
(b) If there is a conflict between a provision in this subchapter and a provision
17in s. 281.346, the provision in s. 281.346 controls, except as provided in s. 295.57 (9).
SB488-SSA2,170,21
18295.77 Review. (1) A person is entitled to a contested case hearing on a
19decision by the department under this subchapter or on a decision by the department
20relating to the issuance of an approval only if the person is entitled to a contested case
21hearing under s. 227.42 and the person is aggrieved by one of the following:
SB488-SSA2,170,2322
(a) A decision under s. 295.58 to grant or deny a mining permit or a decision
23to grant or deny a related approval.
SB488-SSA2,170,2524
(b) A final decision on the environmental impact statement for a proposed
25mine.
SB488-SSA2,171,6
1(2) A person is only entitled to a contested case hearing under sub. (1) if the
2person requests the hearing within 30 days after the department issues the decision
3to grant or deny the mining permit, except that if the request concerns an approval
4on which the department issues a decision, as authorized under s. 295.57 (8) (b) or
5(c), after the deadline under s. 295.57 (8) (a), a person may request a contested case
6hearing on that decision within 30 days after the department issues that decision.
SB488-SSA2,171,13
7(3) (a) The hearing examiner presiding over a contested case hearing under this
8section shall issue a final decision on the case no more than 150 days after the
9department issues the decision to grant or deny the mining permit, except that if the
10contested case concerns an approval on which the department issues a decision, as
11authorized under s. 295.57 (8) (b) or (c), after the deadline under s. 295.57 (8) (a), the
12hearing examiner shall issue a final decision on the case no more than 150 days after
13the department issues the decision on that approval.
SB488-SSA2,171,1614
(b) If the hearing examiner does not issue a final decision by the deadline under
15par. (a), the decision of the department being reviewed by the hearing examiner is
16affirmed.
SB488-SSA2,171,1917
(c) The hearing examiner may not issue an order prohibiting activity
18authorized under a decision of the department being reviewed in the contested case
19hearing.
SB488-SSA2,171,22
20(4) (a) A person seeking judicial review of the decision in a contested case
21hearing under this section shall comply with the requirements for service and filing
22in s. 227.53 (1) (a).
SB488-SSA2,171,2423
(b) A person seeking judicial review of a decision under this subchapter shall
24commence the action no more than 30 days after the decision is filed.
SB488-SSA2,172,4
1295.78 Mining and reclamation; orders. (1) (a) If the department finds a
2violation of law or any unapproved deviation from the mining plan, reclamation plan,
3or mining waste site feasibility study and plan of operation at a mining site under
4a mining permit, the department shall do one of the following:
SB488-SSA2,172,75
1. Issue an order requiring the operator to comply with the law, mining plan,
6reclamation plan, or mining waste site feasibility study and plan of operation within
7a specified time.
SB488-SSA2,172,98
2. Require the alleged violator to appear before the department for a hearing
9and answer the department's charges.
SB488-SSA2,172,1010
3. Request the department of justice to initiate action under s. 295.79.
SB488-SSA2,172,1411
(b) Any order issued under par. (a) 1. following a hearing takes effect
12immediately. Any other order takes effect 10 days after the date the order is served,
13unless the person named in the order requests in writing a hearing before the
14department within the 10-day period.
SB488-SSA2,172,1815
(c) If no hearing on an order issued under par. (a) 1. was held and if the
16department receives a request for a hearing within 10 days after the date the order
17is served, the department shall provide due notice and hold a hearing. If after the
18hearing the department finds that no violation has occurred, it shall rescind its order.
SB488-SSA2,172,2319
(d) If an operator fails to comply with an order issued under par. (a) 1. within
20the time for compliance specified in the order, the department shall suspend the
21mining permit until the operator fully complies with the order, except that if the
22operator seeks review of the order under s. 295.77, mining may continue until the
23final disposition of the action, except as provided under sub. (4).
SB488-SSA2,173,3
1(e) The department shall inform the department of justice of a suspension
2under par. (d) within 14 days. After receiving notice of a suspension, the department
3of justice may commence an action under s. 295.79.
SB488-SSA2,173,13
4(2) If reclamation of a mining site is not proceeding in accordance with the
5reclamation plan and the operator has not begun to rectify deficiencies within the
6time specified in an order, or if the reclamation is not properly completed in
7conformance with the reclamation plan within one year after completion or
8abandonment of mining on any portion of the mining site, unless because of acts of
9God, such as adverse weather affecting grading, planting, and growing conditions,
10the department, with the staff, equipment, and material under its control, or by
11contract with others, shall take the actions that are necessary for the reclamation of
12mined areas. The operator is liable for the cost to the state of reclamation conducted
13under this subsection.
SB488-SSA2,173,19
14(3) The department shall cancel all other mining permits held by an operator
15who refuses to reclaim a mining site in compliance with the reclamation plan after
16the completion of mining or after the cancellation of a mining permit. The
17department may not issue any mining permit for that mining site or any other
18mining site in this state to an operator who refused to reclaim the mining site in
19compliance with the reclamation plan.
SB488-SSA2,173,25
20(4) At any time that the department determines that the continuance of mining
21constitutes an immediate and substantial threat to public health and safety or the
22environment, the department may request the department of justice to institute an
23action in circuit court of the county in which the mine is located for a restraining
24order or injunction or other appropriate remedy to stop mining until the immediate
25and substantial threat is eliminated.
SB488-SSA2,174,2
1(5) Section 281.346 (7m) does not apply to a water withdrawal associated with
2a mining operation for which a mining permit has been issued.
SB488-SSA2,174,6
3295.79 Enforcement; penalties. (1) The department of justice shall enforce
4this subchapter and any order issued under this subchapter. The circuit court of the
5county where the violation occurred has jurisdiction to enforce this subchapter or any
6orders issued under this subchapter, by injunction or other appropriate relief.
SB488-SSA2,174,10
7(2) (a) Any person who authorizes or engages in mining without a mining
8permit and written authorization to mine under s. 295.59 (3) shall forfeit all profits
9obtained from those illegal activities and not more than $5,000 for each day during
10which the mine was in operation.
SB488-SSA2,174,1211
(b) A person to whom par. (a) applies is also liable to the department for the full
12cost of reclaiming the affected area of land and any damages caused by the mining.
SB488-SSA2,174,1613
(c) If the violator of par. (a) is a corporation, limited liability company,
14partnership, or association, any officer, director, member, manager, or partner who
15knowingly authorizes, supervises, or contracts for mining is also subject to the
16penalties in this subsection.
SB488-SSA2,174,24
17(3) Any person who makes or causes to be made in an application or report
18required by this subchapter a statement known to the person to be false or
19misleading in any material respect or who refuses to submit information required by
20a mining permit or by this subchapter may be fined not less than $1,000 nor more
21than $5,000. If the false or misleading statement is material to the issuance of the
22mining permit and the mining permit would not have been issued had the false or
23misleading statement not been made, the court may revoke the mining permit. If any
24violation under this subsection is repeated the court may revoke the mining permit.
SB488-SSA2,175,6
1(4) (a) Any person who commits a violation of this subchapter or any permit or
2order issued under this subchapter, except for the violations enumerated in subs. (2)
3or (3), shall forfeit not less than $10 nor more than $5,000 for each violation. Each
4day of continued violation is a separate offense, except that no forfeiture may be
5imposed during the time that continued mining is authorized under s. 295.63 (3).
6While an order is suspended, stayed, or enjoined, this penalty does not accrue.
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(b) In addition to the penalties provided under par. (a), the court may award
8the department of justice the reasonable and necessary expenses of the investigation
9and prosecution of the violation, including attorney fees. The department of justice
10shall deposit in the state treasury for deposit into the general fund all moneys that
11the court awards to the department or the state under this paragraph. These moneys
12shall be credited to the appropriation account under s. 20.455 (1) (gh).
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13(5) Any person having an interest that is or may be adversely affected may
14intervene as a matter of right, in any enforcement action brought under this section.