Amendment ASA1-AB100

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.

AB100-ASA1, s. 2747 Section 2747. 295.16 (2) of the statutes is amended to read:

AB100-ASA1,1592,13 295.16 (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.

AB100-ASA1, s. 2748 Section 2748. 295.16 (4) (b) of the statutes is amended to read:

AB100-ASA1,1592,19 295.16 (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.

AB100-ASA1, s. 2749 Section 2749. 295.16 (4) (g) of the statutes is amended to read:

AB100-ASA1,1593,5 295.16 (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.

AB100-ASA1, s. 2750 Section 2750. 295.16 (4) (h) of the statutes is repealed.

AB100-ASA1, s. 2751 Section 2751. 295.17 (1) of the statutes is amended to read:

AB100-ASA1,1593,17 295.17 (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.

AB100-ASA1, s. 2752 Section 2752. 295.18 (1) (intro.) of the statutes is amended to read:

AB100-ASA1,1593,23 295.18 (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:

AB100-ASA1, s. 2753 Section 2753. 295.18 (1) (c) of the statutes is amended to read:

AB100-ASA1,1594,3 295.18 (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.

AB100-ASA1, s. 2754 Section 2754. 295.18 (2) of the statutes is amended to read:

AB100-ASA1,1594,14 295.18 (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 determines that a county, city, village or town has not come into compliance after notification, the department shall consult with the nonmetallic mining council. 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.

AB100-ASA1, s. 2755 Section 2755. 295.18 (4) of the statutes is amended to read:

AB100-ASA1,1595,8 295.18 (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.

AB100-ASA1, s. 2756 Section 2756. 295.19 (1) (intro.), (a), (b) and (c) of the statutes are amended to read:

AB100-ASA1,1595,14 295.19 (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:

AB100-ASA1,1595,19 (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.

AB100-ASA1,1595,22 (b) Modify, suspend or revoke Issue an order suspending or revoking a nonmetallic mining reclamation permit as authorized in the nonmetallic mining reclamation ordinance.

AB100-ASA1,1596,3 (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.

AB100-ASA1, s. 2757 Section 2757. 295.19 (2) of the statutes is amended to read:

AB100-ASA1,1596,8 295.19 (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).

AB100-ASA1, s. 2758 Section 2758. 295.19 (3) (b) 1. of the statutes is amended to read:

AB100-ASA1,1596,14 295.19 (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.

AB100-ASA1, s. 2759 Section 2759. 295.20 (title) of the statutes is amended to read:

AB100-ASA1,1596,17 295.20 (title) Preservation of certain marketable nonmetallic mineral deposits.

AB100-ASA1, s. 2760 Section 2760. 295.20 (1) of the statutes is renumbered 295.20 (1) (a) (intro.) and amended to read:

AB100-ASA1,1596,23 295.20 (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:

AB100-ASA1,1597,2 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).

AB100-ASA1,1597,7 (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

AB100-ASA1,1597,11 (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).

AB100-ASA1, s. 2761 Section 2761. 295.20 (1) (a) 2. and 3. of the statutes are created to read:

AB100-ASA1,1597,16 295.20 (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.

AB100-ASA1,1597,19 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.

AB100-ASA1, s. 2762 Section 2762. 295.20 (1) (b) of the statutes is created to read:

AB100-ASA1,1598,2 295.20 (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.

AB100-ASA1, s. 2763 Section 2763. 295.20 (1m) of the statutes is created to read:

AB100-ASA1,1598,7 295.20 (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).

AB100-ASA1, s. 2764 Section 2764. 295.20 (2) of the statutes is renumbered 295.20 (2) (a) and amended to read:

AB100-ASA1,1598,16 295.20 (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.

AB100-ASA1, s. 2765 Section 2765. 295.20 (2) (b) of the statutes is created to read:

AB100-ASA1,1598,22 295.20 (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.

AB100-ASA1,1599,2 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.

AB100-ASA1,1599,4 3. A zoning change authorized by subd. 1. prevents the registration of the land after the period under subd. 2.

AB100-ASA1, s. 2766 Section 2766. 295.20 (3) (a) and (b) of the statutes are amended to read:

AB100-ASA1,1599,7 295.20 (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).

AB100-ASA1,1599,11 (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.

AB100-ASA1, s. 2767 Section 2767. 295.20 (4) of the statutes is created to read:

AB100-ASA1,1599,14 295.20 (4) Rules. The department shall promulgate rules that contain all of the following:

AB100-ASA1,1599,15 (a) A definition of "marketable nonmetallic mineral deposit".

AB100-ASA1,1599,17 (b) Procedures and requirements for registering land containing a marketable nonmetallic mineral deposit under sub. (1).

AB100-ASA1,1599,19 (c) Procedures and criteria for objecting to the proposed registration of land containing a nonmetallic mineral deposit.

AB100-ASA1,1599,21 (d) Procedures for terminating the registration of land under this section when there is no longer a marketable nonmetallic mineral deposit on the land.

AB100-ASA1,1600,2 (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.

AB100-ASA1,1600,4 (f) Procedures and criteria for renewing the registration of land under sub. (1m).

AB100-ASA1,1600,7 (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.

AB100-ASA1, s. 3787e Section 3787e. 299.15 (3) (cm) 1. of the statutes is repealed.

AB100-ASA1, s. 3787g Section 3787g. 299.15 (3) (cm) 2. of the statutes is amended to read:

AB100-ASA1,1600,12 299.15 (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.

AB100-ASA1, s. 2768 Section 2768. 299.80 of the statutes is created to read:

AB100-ASA1,1600,15 299.80 Environmental cooperation pilot program. (1) Definitions. In this section:

AB100-ASA1,1600,17 (a) "Approval" means a permit, license or other approval issued by the department under chs. 280 to 295.

AB100-ASA1,1600,18 (b) "Cooperative agreement" means an agreement entered into under sub. (6).

AB100-ASA1,1600,23 (c) "Environmental management system" means an organized set of procedures implemented by the owner or operator of a facility to evaluate the environmental performance of the facility and to achieve measurable or noticeable improvements in that environmental performance through planning and changes in the facility's operations.

AB100-ASA1,1601,3 (d) "Environmental performance" means the effects, whether regulated under chs. 280 to 295 or unregulated, of a facility on air, water, land, natural resources and human health.

AB100-ASA1,1601,5 (e) "Facility" means all buildings, equipment and structures located on a single parcel or on adjacent parcels that are owned or operated by the same person.

AB100-ASA1,1601,8 (f) "Interested person" means a person who is or may be affected by the activities at a facility that is covered or proposed to be covered by a cooperative agreement or a representative of such a person.

AB100-ASA1,1601,14 (g) "Performance evaluation" means a systematic, documented and objective review, conducted by or on behalf of the owner or operator of a facility, of the environmental performance of the facility, including an evaluation of compliance with the cooperative agreement covering the facility, approvals that are not replaced by the cooperative agreement and the provisions of chs. 280 to 295 and rules promulgated under those chapters for which a variance is not granted under sub. (4).

AB100-ASA1,1601,15 (h) "Pollutant" means any of the following:

AB100-ASA1,1601,19 1. Any dredged spoil, solid waste, incinerator residue, sewage, garbage, refuse, oil, sewage sludge, munitions, chemical wastes, biological materials, radioactive substance, heat, wrecked or discarded equipment, rock, sand, cellar dirt or industrial, municipal or agricultural waste discharged into water or onto land.

AB100-ASA1,1601,22 2. Any dust, fumes, mist, liquid, smoke, other particulate matter, vapor, gas, odorous substances or any combination of those things emitted into the air, but not uncombined water vapor.

AB100-ASA1,1602,2 (i) "Violation" means a violation of a cooperative agreement, of an approval that is not replaced by the cooperative agreement or of a provision of chs. 280 to 295 and rules promulgated under those chapters for which a participant has not received a variance under sub. (4).