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.
SB488-SSA2,175,127
(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).
SB488-SSA2,175,14
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.
SB488-SSA2, s. 102
15Section
102. 299.85 (7) (a) 2. and 4. of the statutes are amended to read:
SB488-SSA2,176,416
299.85
(7) (a) 2. Notwithstanding minimum or maximum forfeitures specified
17in ss. 29.314 (7), 29.334 (2), 29.604 (5) (a), 29.611 (11), 29.889 (10) (c) 2., 29.969,
1829.971 (1) (a), (1m) (a), (3), (3m), (11g) (b), (11m) (b), and (11r) (b), 30.298 (1), (2), and
19(3), 30.49 (1) (a) and (c), 31.23 (2), 281.75 (19), 281.98 (1), 281.99 (2) (a) 1., 283.91 (2),
20285.41 (7), 285.57 (5), 285.59 (8), 285.87 (1), 287.95 (1), (2) (b), and (3) (b), 287.97,
21289.96 (2) and (3) (a), 291.97 (1), 292.99 (1) and (1m), 293.81, 293.87 (3) and (4) (a),
22295.19 (3) (a) and (b) 1., 295.37 (2),
295.79 (2), (3), and (4), 299.15 (4), 299.51 (5),
23299.53 (4) (c) 1., 299.62 (3) (a) and (c), and 299.97 (1), if a regulated entity that
24qualifies under sub. (2) for participation in the Environmental Compliance Audit
25Program corrects violations that it discloses in a report that meets the requirements
1of sub. (3) within 90 days after the department receives the report that meets the
2requirements of sub. (3), the regulated entity may not be required to forfeit more than
3$500 for each violation, regardless of the number of days during which the violation
4continues.
SB488-SSA2,176,165
4. Notwithstanding minimum or maximum forfeitures specified in ss. 29.314
6(7), 29.334 (2), 29.604 (5) (a), 29.611 (11), 29.889 (10) (c) 2., 29.969, 29.971 (1) (a), (1m)
7(a), (3), (3m), (11g) (b), (11m) (b), and (11r) (b), 30.298 (1), (2), and (3), 30.49 (1) (a) and
8(c), 31.23 (2), 281.75 (19), 281.98 (1), 281.99 (2) (a) 1., 283.91 (2), 285.41 (7), 285.57
9(5), 285.59 (8), 285.87 (1), 287.95 (1), (2) (b), and (3) (b), 287.97, 289.96 (2) and (3) (a),
10291.97 (1), 292.99 (1) and (1m), 293.81, 293.87 (3) and (4) (a), 295.19 (3) (a) and (b)
111., 295.37 (2),
295.79 (2), (3), and (4), 299.15 (4), 299.51 (5), 299.53 (4) (c) 1., 299.62
12(3) (a) and (c), and 299.97 (1), if the department approves a compliance schedule
13under sub. (6) and the regulated entity corrects the violations according to the
14compliance schedule, the regulated entity may not be required to forfeit more than
15$500 for each violation, regardless of the number of days during which the violation
16continues.
SB488-SSA2,177,9
18299.95 Enforcement; duty of department of justice; expenses. The
19attorney general shall enforce chs. 281 to 285 and 289 to 295 and this chapter, except
20ss. 285.57, 285.59, and 299.64, and all rules, special orders, licenses, plan approvals,
21permits, and water quality certifications of the department, except those
22promulgated or issued under ss. 285.57, 285.59, and 299.64 and except as provided
23in ss. 285.86 and 299.85 (7) (am).
The Except as provided in s. 295.79 (1), the circuit
24court for Dane county or for any other county where a violation occurred in whole or
25in part has jurisdiction to enforce chs. 281 to 285 and 289 to 295 or this chapter or
1the rule, special order, license, plan approval, permit, or certification by injunctional
2and other relief appropriate for enforcement. For purposes of this proceeding where
3chs. 281 to 285 and 289 to 295 or this chapter or the rule, special order, license, plan
4approval, permit or certification prohibits in whole or in part any pollution, a
5violation is considered a public nuisance. The department of natural resources may
6enter into agreements with the department of justice to assist with the
7administration of chs. 281 to 285 and 289 to 295 and this chapter. Any funds paid
8to the department of justice under these agreements shall be credited to the
9appropriation account under s. 20.455 (1) (k).
SB488-SSA2,177,1211
323.60
(1) (gm) "Minerals" mean unbeneficiated metallic ore but does not
12include mineral aggregates such as stone, sand, and gravel.
SB488-SSA2,177,2314
323.60
(5) (d) 3. All facilities with 10 or more employees in major group
15classifications 10 to 13 in the standard industrial classification manual, 1987
16edition, published by the U.S. office of management and budget, at which a toxic
17chemical is used at or above an applicable threshold quantity, except that compliance
18with the toxic chemical release form requirements under this subdivision is not
19required for the placement of a toxic chemical in a storage or disposal site or facility
20that is located at a facility with a permit under ch. 293
or a mining permit under
21subch. III of ch. 295 if the toxic chemical consists of or is contained in merchantable
22by-products
, as defined in s. 293.01 (7)
or 295.41 (25), minerals
as defined in s. 293.01
23(8), or refuse
, as defined in s. 293.01 (25)
or 295.41 (41).
SB488-SSA2,178,2
1710.02
(2) (d) An exploration mining lease as defined in s. 107.001 (1) and land
2used for mining and associated activities
under chs. 293 and 295.
SB488-SSA2,178,145
(a) The department of natural resources shall submit in proposed form rules
6revising chapters NR 130, 131, 132, and 182, Wisconsin Administrative Code, that
7are in effect on the effective date of this paragraph and revising any other rules
8promulgated under section 293.13 (1) (a) of the statutes that are in effect on the
9effective date of this paragraph to the legislative council staff under section 227.15
10(1) of the statutes no later than the first day of the 5th month beginning after the
11effective date of this paragraph. The proposed revised rules shall clarify that
12chapters NR 130, 131, 132, and 182, Wisconsin Administrative Code, and any other
13rules promulgated under section 293.13 (1) (a) of the statutes do not apply to ferrous
14metallic mining.
SB488-SSA2,178,2515
(b) The department of natural resources shall submit in proposed form rules
16revising chapters NR 500 to 555 and 600 to 679, Wisconsin Administrative Code, that
17are in effect on the effective date of this paragraph and revising any other rules
18promulgated under sections 289.05 and 289.06 (1) of the statutes that are in effect
19on the effective date of this paragraph to the legislative council staff under section
20227.15 (1) of the statutes no later than the first day of the 5th month beginning after
21the effective date of this paragraph. The department shall revise the rules in
22chapters NR 500 to 555 and 600 to 679, Wisconsin Administrative Code, and any
23other rules promulgated under sections 289.05 and 289.06 (1) of the statutes so that
24they are consistent with subchapter III of chapter 295, of the statutes, as created by
25this act.
SB488-SSA2,179,7
1(c) The department of natural resources shall submit, to the legislative council
2staff under section 227.15 (1) of the statutes, no later than the first day of the 5th
3month beginning after the effective date of this paragraph, in proposed form rules
4revising any rules of the department that are in effect on the effective date of this
5paragraph, in addition to the rules under paragraphs (a
) and (b), that provide
6exemptions for nonferrous mining or associated activities to provide the same
7exemptions for ferrous mining and associated activities.
SB488-SSA2,179,108
(d) Notwithstanding section 227.137 (2) of the statutes, the department of
9natural resources is not required to prepare an economic impact report for the
10revised rules required under paragraphs (a
) to (c).