Amendment ASA1-AB100

AB100-ASA1,1578,5 292.81 (3) Any expenditures made by the department under s. 292.11 or 292.31 (1), (3) or (7) or, subject to s. 292.41 (6) (d), under s. 292.41 (4) shall constitute a lien upon the property for which expenses are incurred if the department files the lien with the register of deeds in the county in which the property is located. A lien under this section shall be superior to all other liens that are or have been filed against the property, except that if the property is residential property, as defined in s. 895.52 (1) (i), the lien may not affect any valid prior lien on that residential property.

AB100-ASA1, s. 3727g Section 3727g. 292.85 of the statutes is created to read:

AB100-ASA1,1578,8 292.85 Certified remediation professionals. (1) Definitions. In this section:

AB100-ASA1,1578,10 (a) "Certificate" means a remediation professional certificate issued under this section.

AB100-ASA1,1578,19 (b) "Covered activity" means corrective action under s. 94.73, petroleum storage tank remedial action under s. 101.143 or 101.144, hazardous waste facility closure under s. 291.29, corrective action under s. 291.37, a response to a discharge of a hazardous substance under s. 292.11, remedial action under s. 292.15 (2), an environmental assessment under s. 292.21 (1) (c) 2., environmental repair under s. 292.31 (3), an abandoned container response under s. 292.41 or any other environmental remedial action specified by the department by rule, except that "covered activity" does not include an emergency response under s. 292.11, 292.31 (3) or 292.41.

AB100-ASA1,1578,24 (c) "Report" means a report of a site investigation, a report of interim actions prior to remedial action, a report of the design of a proposed remedial action plan, a report of a site closure or any other report designated by the department of natural resources, the department of commerce or the department of agriculture, trade and consumer protection by rule.

AB100-ASA1,1579,12 (2) Rules. The department shall promulgate rules necessary to implement this section. The department shall develop the rules in consultation with all state agencies that have oversight responsibility for programs related to environmental remediation and with other interested persons. The rules shall include requirements for education, continuing education, training, experience and standards of professional conduct for certified remediation professionals. The requirements and standards shall be sufficiently stringent so that covered activities conducted by or under the direction or supervision of a certified remediation professional and all reports related to covered activities that are prepared by or under the direction or supervision of certified remediation professionals are rendered in a manner that protects public health, safety, welfare and the environment and that is consistent with applicable statutes and rules.

AB100-ASA1,1579,18 (3) Certificate required for certain activities. (a) Beginning on the effective date of this paragraph .... [revisor inserts date], a person may not submit a report to the department of natural resources, the department of commerce or the department of agriculture, trade and consumer protection with respect to a covered activity unless the report is prepared by, or under the direction or supervision of, a certified remediation professional, except as provided in sub. (6).

AB100-ASA1,1579,22 (b) Beginning on the effective date of this paragraph .... [revisor inserts date], a person may not conduct a covered activity unless the person is, or is under the direction or supervision of, a certified remediation professional, except as provided in sub. (6).

AB100-ASA1,1580,2 (4) Department may certify. (a) An individual may apply for a remediation professional certificate. Each application for an initial or renewal certificate shall be accompanied by a fee in an amount established by the department by rule that is sufficient to cover all costs of administering and enforcing this section.

AB100-ASA1,1580,4 (b) The department may issue a certificate under this section only to an individual. A certificate issued under this section may not be transferred.

AB100-ASA1,1580,11 (c) The department shall periodically publish notice of each application for a certificate, approval or denial of a certificate, revocation of a certificate and termination of a certificate. The department may not approve an application for an initial certificate or a renewal certificate until at least 30 days after the notice of application for the initial certificate or renewal certificate has been published. The department shall promulgate rules for the periodic publication of notice under this paragraph.

AB100-ASA1,1580,22 (d) The department of natural resources may grant an initial certificate or renew a certificate only if the department of natural resources determines that the applicant or the holder of the certificate is in compliance with all requirements under this section and under rules promulgated by the department of natural resources, the department of commerce and the department of agriculture, trade and consumer protection. The department of natural resources shall suspend or revoke a certificate if it determines, or the department of commerce or the department of agriculture, trade or consumer protection determines, that the individual holding the certificate fails to comply with all requirements under this section and under rules promulgated by the department of natural resources, the department of commerce and the department of agriculture, trade and consumer protection.

AB100-ASA1,1581,2 (e) The department may bar an individual whose application for an initial certificate or a renewal certificate is denied, or whose certificate is revoked, from applying for a certificate for the period determined by the department. If the department revokes a certificate, it may permanently bar the individual from applying for a certificate.

AB100-ASA1,1581,7 (f) A certified remediation professional shall obtain and maintain insurance against loss, expense and liability, including loss, expense and liability caused by pollution, resulting from errors, omissions or neglect in the performance of any professional service in an amount of at least $1,000,000 per claim and $1,000,000 in annual aggregate claims, with a deductible of no more than $100,000 per claim.

AB100-ASA1,1581,10 (5) Prohibition. No person may advertise or otherwise hold himself or herself out to be a certified remediation professional unless that person possesses a valid certificate issued by the department.

AB100-ASA1,1581,13 (6) Exemption. Subsection (3) does not apply to a report prepared, or an activity performed, by an employe of this state acting within the scope of his or her employment.

AB100-ASA1,1581,19 (7) Departments may investigate. (a) Employes or agents of the department of natural resources, the department of commerce or the department of agriculture, trade and consumer protection may at any reasonable time enter any site or building for the purpose of investigating, sampling or inspecting any condition, equipment, practice or property relating to a covered activity conducted, supervised or directed by a certified remediation professional.

AB100-ASA1,1581,24 (b) Employes or agents of the department of natural resources, the department of commerce or the department of agriculture, trade and consumer protection may seek a special inspection warrant under s. 66.122 authorizing entry to a site or building under par. (a) if permission to enter is denied or if one of those departments determines that entry without prior notice is necessary to enforce this section.

AB100-ASA1,1582,9 (c) A certified remediation professional shall provide any information requested by the department of natural resources, the department of commerce or the department of agriculture, trade and consumer protection relating to his or her activities as a certified remediation professional. If one of those departments has reason to suspect that a violation of any statute or rule related to a covered activity has occurred or may occur, it may issue to a certified remediation professional an order requiring the production or analysis of samples, requiring the production of records or requiring any action by the certified remediation professional that may be necessary to prevent or eliminate the violation.

AB100-ASA1,1582,15 (8) Memorandum of understanding. The department of natural resources, the department of commerce and the department of agriculture, trade and consumer protection shall enter a memorandum of understanding with respect to common areas of responsibility that relate to this section. A memorandum of understanding under this subsection does not take effect until it is approved by the secretary of administration.

AB100-ASA1,1582,17 (9) Appeals. Any person aggrieved by a determination or order of the department under this section may request a contested case hearing under ch. 227.

AB100-ASA1, s. 2714 Section 2714. 295.11 (4) of the statutes is amended to read:

AB100-ASA1,1583,2 295.11 (4) "Nonmetallic mining reclamation" means the rehabilitation of a nonmetallic mining site to achieve a land use specified in an approved nonmetallic mining reclamation plan, including removal or reuse of nonmetallic mining refuse, grading of the nonmetallic mining site, removal, storage and replacement of topsoil, stabilization of soil conditions, establishment reestablishment of vegetative cover, control of surface water and groundwater, prevention of environmental pollution, construction of fences where necessary and, if practical, restoration of plant, fish and wildlife habitat.

AB100-ASA1, s. 2715 Section 2715. 295.11 (5) of the statutes is amended to read:

AB100-ASA1,1583,7 295.11 (5) "Nonmetallic mining refuse" means waste soil, rock, mineral, liquid and vegetation and other waste natural material resulting from nonmetallic mining. This term does not include merchantable marketable by-products resulting directly from or displaced by the nonmetallic mining.

AB100-ASA1, s. 2716 Section 2716. 295.11 (6) (intro.), (a), (b), (c) and (d) of the statutes are renumbered 295.11 (6) (a) (intro.), 1., 2., 3. and 4., and 295.11 (6) (a) (intro.), 1. and 2., as renumbered, are amended to read:

AB100-ASA1,1583,12 295.11 (6) (a) (intro.) "Nonmetallic mining site" means all of the following, except as provided in par. (b):

AB100-ASA1,1583,14 1. The location where nonmetallic mining is proposed or conducted , including all surface areas from which materials have been or will be removed.

AB100-ASA1,1583,16 2. Storage and processing areas related to the that are in or contiguous to areas excavated for nonmetallic mining.

AB100-ASA1, s. 2717 Section 2717. 295.11 (6) (a) 5. of the statutes is created to read:

AB100-ASA1,1583,20 295.11 (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.

AB100-ASA1, s. 2718 Section 2718. 295.11 (6) (b) of the statutes is created to read:

AB100-ASA1,1583,25 295.11 (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].

AB100-ASA1, s. 2719 Section 2719. 295.11 (6) (e) of the statutes is repealed.

AB100-ASA1, s. 2720 Section 2720. 295.11 (9) of the statutes is amended to read:

AB100-ASA1,1584,8 295.11 (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.

AB100-ASA1, s. 2721 Section 2721. 295.12 (1) (c) of the statutes is amended to read:

AB100-ASA1,1584,12 295.12 (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.

AB100-ASA1, s. 2722 Section 2722. 295.12 (1) (d) of the statutes is repealed.

AB100-ASA1, s. 2723 Section 2723. 295.12 (2) (a) of the statutes is amended to read:

AB100-ASA1,1584,18 295.12 (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.

AB100-ASA1, s. 2724 Section 2724. 295.12 (2) (b) and (c) of the statutes are repealed.

AB100-ASA1, s. 2725 Section 2725. 295.12 (2) (d) of the statutes is amended to read:

AB100-ASA1,1585,7 295.12 (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.

AB100-ASA1, s. 2726 Section 2726. 295.12 (2) (e) of the statutes is repealed.

AB100-ASA1, s. 2727 Section 2727. 295.12 (3) (intro.) of the statutes is amended to read:

AB100-ASA1,1585,12 295.12 (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:

AB100-ASA1, s. 2728 Section 2728. 295.12 (3) (a) and (b) of the statutes are repealed.

AB100-ASA1, s. 2729 Section 2729. 295.12 (3) (c) of the statutes is amended to read:

AB100-ASA1,1586,2 295.12 (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.

AB100-ASA1, s. 2730 Section 2730. 295.12 (3) (d) of the statutes is amended to read:

AB100-ASA1,1587,4 295.12 (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 or modification 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; for a nonmetallic mine that is not in operation before the date specified under par. (dm); notwithstanding ss. 68.001, 68.03 (8) and (9), 68.06 and 68.10 (1) (b), a right for any person who meets the requirements of s. 227.42 (1) to obtain a contested case hearing under ch. 68 s. 68.11 on the issuance, renewal, modification, suspension or revocation or denial of a reclamation permit and for a person holding a reclamation permit to a contested case hearing under s. 68.11 to contest an order issued under s. 295.19 (1); 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.

AB100-ASA1, s. 2731 Section 2731. 295.12 (3) (de) of the statutes is created to read:

AB100-ASA1,1587,8 295.12 (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.

AB100-ASA1, s. 2732 Section 2732. 295.12 (3) (dm) of the statutes is created to read:

AB100-ASA1,1587,16 295.12 (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.

AB100-ASA1, s. 2733 Section 2733. 295.12 (3) (ds) of the statutes is created to read:

AB100-ASA1,1587,20 295.12 (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.

AB100-ASA1, s. 2734 Section 2734. 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:

AB100-ASA1,1587,24 295.12 (3) (e) 1. a. The examination and approval of operation plans and nonmetallic mining reclamation plans.

AB100-ASA1,1587,25 b. The inspection of nonmetallic mining and nonmetallic mining reclamation.

AB100-ASA1, s. 2735 Section 2735. 295.12 (3) (e) 2. of the statutes is created to read:

AB100-ASA1,1588,3 295.12 (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.

AB100-ASA1, s. 2736 Section 2736. 295.12 (3) (g) of the statutes is amended to read:

AB100-ASA1,1588,12 295.12 (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.

AB100-ASA1, s. 2737 Section 2737. 295.12 (3) (h) of the statutes is amended to read:

AB100-ASA1,1588,22 295.12 (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.

AB100-ASA1, s. 2738 Section 2738. 295.12 (3) (i) of the statutes is amended to read:

AB100-ASA1,1589,2 295.12 (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).

AB100-ASA1, s. 2739 Section 2739. 295.12 (3) (j) of the statutes is repealed.

AB100-ASA1, s. 2740 Section 2740. 295.12 (3) (k) of the statutes is amended to read:

AB100-ASA1,1589,5 295.12 (3) (k) A provision for orders and penalties consistent with s. 295.19 (3).

AB100-ASA1, s. 2741 Section 2741. 295.12 (3) (L) of the statutes is amended to read:

AB100-ASA1,1589,9 295.12 (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).

AB100-ASA1, s. 2742 Section 2742. 295.13 of the statutes is amended to read:

AB100-ASA1,1589,18 295.13 (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.

AB100-ASA1,1590,7 (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).

AB100-ASA1,1590,10 (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.

AB100-ASA1, s. 2743 Section 2743. 295.13 (2m) of the statutes is created to read:

AB100-ASA1,1590,16 295.13 (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.

AB100-ASA1, s. 2744 Section 2744. 295.14 of the statutes is amended to read:

AB100-ASA1,1590,25 295.14 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).

AB100-ASA1,1591,15 (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).

AB100-ASA1, s. 2745 Section 2745. 295.16 (title) of the statutes is amended to read:

AB100-ASA1,1591,18 295.16 (title) Applicability of ordinance and standards nonmetallic mining reclamation requirements.

AB100-ASA1, s. 2746 Section 2746. 295.16 (1) of the statutes is repealed and recreated to read:

AB100-ASA1,1591,23 295.16 (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).

AB100-ASA1,1592,4 (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.