1997 Wisconsin Act 27

27,3758 Section 3758 . 295.12 (3) (L) of the statutes is amended to read:

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).

27,3759 Section 3759 . 295.13 of the statutes is amended to read:

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.

(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).

(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.

27,3760 Section 3760 . 295.13 (2m) of the statutes is created to read:

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.

27,3761 Section 3761 . 295.14 of the statutes is amended to read:

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).

(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).

27,3762 Section 3762 . 295.16 (title) of the statutes is amended to read:

295.16 (title) Applicability of ordinance and standards nonmetallic mining reclamation requirements.

27,3763 Section 3763 . 295.16 (1) of the statutes is repealed and recreated to read:

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).

(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.

27,3764 Section 3764 . 295.16 (2) of the statutes is amended to read:

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.

27,3765 Section 3765 . 295.16 (4) (b) of the statutes is amended to read:

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.

27,3766 Section 3766 . 295.16 (4) (g) of the statutes is amended to read:

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.

27,3767 Section 3767 . 295.16 (4) (h) of the statutes is repealed.

27,3768 Section 3768 . 295.17 (1) of the statutes is amended to read:

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.

27,3769 Section 3769 . 295.18 (1) (intro.) of the statutes is amended to read:

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:

27,3770 Section 3770 . 295.18 (1) (c) of the statutes is amended to read:

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.

27,3771 Section 3771 . 295.18 (2) of the statutes is amended to read:

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 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.

27,3772 Section 3772 . 295.18 (4) of the statutes is amended to read:

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.

27,3773 Section 3773 . 295.19 (1) (intro.), (a), (b) and (c) of the statutes are amended to read:

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:

(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.

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

(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.

27,3774 Section 3774 . 295.19 (2) of the statutes is amended to read:

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).

27,3775 Section 3775 . 295.19 (3) (b) 1. of the statutes is amended to read:

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.

27,3776 Section 3776 . 295.20 (title) of the statutes is amended to read:

295.20 (title) Preservation of certain marketable nonmetallic mineral deposits.

27,3777 Section 3777 . 295.20 (1) of the statutes is renumbered 295.20 (1) (a) (intro.) and amended to read:

295.20 (1) (a) (intro.) Beginning on June 1, 1994 the effective date of this paragraph .... [revisor inserts date], a landowner may register land owned by that person with each county in which the land is located if the under this section if all of the following apply:

1. The land has an economically viable a marketable nonmetallic mineral deposit, as evidenced by the certification of a professional geologist registered under s. 443.037 or a professional engineer registered under s. 443.04 and by any other information required under sub. (4).

(c) The registration shall delineate the nonmetallic mineral deposit and the necessary buffer areas under the nonmetallic mining reclamation ordinance. The landowner, as a condition of registration, shall submit evidence that a notation of the registration has been is valid only if recorded in the office of the register of deeds in each county in which the nonmetallic mineral deposit or buffer area is located. A

(d) Except as provided under sub. (4) (d), a registration under this subsection may not be rescinded by the county or the landowner or his or her successors or assigns lasts for 10 years and may be renewed as provided in the rules under sub. (4) (e).

27,3778 Section 3778 . 295.20 (1) (a) 2. and 3. of the statutes are created to read:

295.20 (1) (a) 2. The landowner notifies each county, city, village and town that has authority to zone the land of his or her intent to register the marketable nonmetallic mineral deposit. The notification shall include the evidence required under subd. 1.

3. Nonmetallic mining is a permitted or conditional use for the land that is proposed to be registered under any zoning that is in effect on the day on which the landowner makes the notification under subd. 2.

27,3779 Section 3779 . 295.20 (1) (b) of the statutes is created to read:

295.20 (1) (b) A governmental unit that receives notification under par. (a) 2. may contest registration under this subsection, in the circuit court for a county in which the land is located, on the grounds that there is not a marketable nonmetallic mineral deposit on the land or that par. (a) 3. is not satisfied. The governmental unit has the burden of proving, by a preponderance of the evidence, that one of those grounds exists.

27,3780 Section 3780 . 295.20 (1m) of the statutes is created to read:

295.20 (1m) Previously registered deposits. Land registered under sub. (1) before the effective date of this subsection .... [revisor inserts date], shall remain registered for 10 years after the initial date of registration. The registration may be renewed as provided under sub. (4) (f).

27,3781 Section 3781 . 295.20 (2) of the statutes is renumbered 295.20 (2) (a) and amended to read:

295.20 (2) (a) A county, city, village or town may not by zoning, rezoning, granting a variance, or other official action or inaction, permit the erection of permanent structures upon, or otherwise permit the use of, any registered nonmetallic mineral deposit or registered buffer area land, while a registration under this section is in effect for that land, in a manner that would permanently interfere with the present or future extraction of the nonmetallic mineral deposit or maintenance of the buffer area that is located on the land.

27,3782 Section 3782 . 295.20 (2) (b) of the statutes is created to read:

295.20 (2) (b) 1. A county, city, village or town may enact an ordinance changing the zoning of land that is registered under this section if mining has not begun on any portion of the registered land and the ordinance is necessary to implement a master plan, comprehensive plan or land use plan that was adopted at least one year before the rezoning.

2. A zoning change authorized by subd. 1. does not apply to the registered land during the registration period in effect when the zoning ordinance takes effect or during the 10-year renewal period under sub. (4) (e) or (f) if the land is eligible for that renewal.

3. A zoning change authorized by subd. 1. prevents the registration of the land after the period under subd. 2.

27,3783 Section 3783 . 295.20 (3) (a) and (b) of the statutes are amended to read:

295.20 (3) (a) A use of land permissible under a zoning ordinance in effect on the day before a mineral deposit or buffer area is registered under sub. (1).

(b) Acquisition of a registered nonmetallic mineral deposit or registered buffer area by a county, city, village or town or other governmental unit for a public purpose if the use of the land does not permanently interfere with the extraction of nonmetallic minerals or maintenance of the buffer area.

27,3784 Section 3784 . 295.20 (4) of the statutes is created to read:

295.20 (4) Rules. The department shall promulgate rules that contain all of the following:

(a) A definition of “marketable nonmetallic mineral deposit".

(b) Procedures and requirements for registering land containing a marketable nonmetallic mineral deposit under sub. (1).

(c) Procedures and criteria for objecting to the proposed registration of land containing a nonmetallic mineral deposit.

(d) Procedures for terminating the registration of land under this section when there is no longer a marketable nonmetallic mineral deposit on the land.

(e) Procedures and criteria for renewing the registration of land under sub. (1). The rules shall allow renewal for one 10-year period without review of the marketability of the deposit or the zoning of the land, except that, if mining has begun on any portion of the registered land, the rules shall allow the person to renew the registration for an unlimited number of 10-year periods as long as active mining continues.

(f) Procedures and criteria for renewing the registration of land under sub. (1m).

(g) Criteria under which contiguous parcels of land owned by the same person and containing the same marketable nonmetallic mineral deposit may be included in one registration.

27,3785 Section 3785. 299.05 of the statutes is created to read:

299.05 Permit guarantee program. (1) The department shall promulgate rules under which the department refunds fees paid by an applicant for a license or approval that is of a type specified in sub. (2) if the department fails to make a determination on the application within the time limit specified in the rule for that type of license or approval. The rules under this subsection do not apply to an applicant for a license or other approval related to mining, as defined in s. 293.01 (9), prospecting, as defined in s. 293.01 (18), or nonmetallic mining, as defined in s. 295.11 (3).

(2) The department shall specify time limits for the following types of licenses and approvals in the rules under sub. (1):

(b) Approvals under s. 281.17 (1).

(e) Licenses under subch. III of ch. 289.

(f) Licenses issued under subch. IV of ch. 291.

27,3786f Section 3786f. 299.13 (1) (bm) of the statutes is repealed.

27,3786h Section 3786h. 299.13 (1m) (intro.) of the statutes is amended to read:

299.13 (1m) Promotion of hazardous pollution prevention. (intro.) In carrying out the duties under this section and ss. 36.25 (30) and 560.19 and this section, the department, the department of commerce, the council and the program shall promote all of the following techniques for hazardous pollution prevention:

27,3786j Section 3786j. 299.13 (2) (b) of the statutes is amended to read:

299.13 (2) (b) Identify all department requirements for reporting on hazardous pollution prevention and, to the extent possible and practical, standardize, coordinate and consolidate the reporting in order to minimize duplication and provide useful information on hazardous pollution prevention to the council, the legislature and the public.

27,3786L Section 3786L. 299.13 (2) (e) of the statutes is repealed.

27,3787e Section 3787e. 299.15 (3) (cm) 1. of the statutes is repealed.

27,3787g Section 3787g. 299.15 (3) (cm) 2. of the statutes is amended to read:

299.15 (3) (cm) 2. In any fiscal year after fiscal year 1992-93, the department may not charge total fees under par. (am) that exceed the total fees that it charges under par. (am) for fiscal year 1992-93 $7,450,000.