Amendment ASA1-AB426

AB426-ASA1,160,7 295.75 Effect of other laws. (1) Except as provided in sub. (2), if there is a conflict between a provision in this subchapter and a provision in ch. 23, 29, 30, 160, 169, 281, 283, 285, 289, or 291 or in a rule promulgated under one of those chapters, the provision in this subchapter controls.

AB426-ASA1,160,9 (2) (a) If there is a conflict between a provision in this subchapter and a provision in s. 281.343, the provision in s. 281.343 controls.

AB426-ASA1,160,11 (b) If there is a conflict between a provision in this subchapter and a provision in s. 281.346, the provision in s. 281.346 controls, except as provided in s. 295.57 (9).

AB426-ASA1,160,14 295.77 Review. (1) Notwithstanding s. 227.42, no person is entitled to a contested case hearing on a decision by the department under this subchapter or on a decision by the department relating to the issuance of an approval.

AB426-ASA1,160,19 (2) Judicial review of a decision described in sub. (1) is the exclusive method for challenging the decision. The court shall base review of a decision described in sub. (1) on the administrative record before the department. The scope of the review is that specified in s. 227.57. No judicial review is available before the department issues the final decision on an approval.

AB426-ASA1,160,23 295.78 Mining and reclamation; orders. (1) (a) If the department finds a violation of law or any unapproved deviation from the mining plan, reclamation plan, or mining waste site feasibility study and plan of operation at a mining site under a mining permit, the department shall do one of the following:

AB426-ASA1,161,3 1. Issue an order requiring the operator to comply with the law, mining plan, reclamation plan, or mining waste site feasibility study and plan of operation within a specified time.

AB426-ASA1,161,5 2. Require the alleged violator to appear before the department for a hearing and answer the department's charges.

AB426-ASA1,161,6 3. Request the department of justice to initiate action under s. 295.79.

AB426-ASA1,161,10 (b) Any order issued under par. (a) 1. following a hearing takes effect immediately. Any other order takes effect 10 days after the date the order is served, unless the person named in the order requests in writing a hearing before the department within the 10-day period.

AB426-ASA1,161,14 (c) If no hearing on an order issued under par. (a) 1. was held and if the department receives a request for a hearing within 10 days after the date the order is served, the department shall provide due notice and hold a hearing. If after the hearing the department finds that no violation has occurred, it shall rescind its order.

AB426-ASA1,161,19 (d) If an operator fails to comply with an order issued under par. (a) 1. within the time for compliance specified in the order, the department shall suspend the mining permit until the operator fully complies with the order, except that if the operator seeks review of the order under s. 295.77, mining may continue until the final disposition of the action, except as provided under sub. (4).

AB426-ASA1,161,22 (e) The department shall inform the department of justice of a suspension under par. (d) within 14 days. After receiving notice of a suspension, the department of justice may commence an action under s. 295.79.

AB426-ASA1,162,7 (2) If reclamation of a mining site is not proceeding in accordance with the reclamation plan and the operator has not begun to rectify deficiencies within the time specified in an order, or if the reclamation is not properly completed in conformance with the reclamation plan within one year after completion or abandonment of mining on any portion of the mining site, unless because of acts of God, such as adverse weather affecting grading, planting, and growing conditions, the department, with the staff, equipment, and material under its control, or by contract with others, shall take the actions that are necessary for the reclamation of mined areas. The operator is liable for the cost to the state of reclamation conducted under this subsection.

AB426-ASA1,162,13 (3) The department shall cancel all other mining permits held by an operator who refuses to reclaim a mining site in compliance with the reclamation plan after the completion of mining or after the cancellation of a mining permit. The department may not issue any mining permit for that mining site or any other mining site in this state to an operator who refused to reclaim the mining site in compliance with the reclamation plan.

AB426-ASA1,162,19 (4) At any time that the department determines that the continuance of mining constitutes an immediate and substantial threat to public health and safety or the environment, the department may request the department of justice to institute an action in circuit court of the county in which the mine is located for a restraining order or injunction or other appropriate remedy to stop mining until the immediate and substantial threat is eliminated.

AB426-ASA1,162,21 (5) Section 281.346 (7m) does not apply to a water withdrawal associated with a mining operation for which a mining permit has been issued.

AB426-ASA1,162,25 295.79 Enforcement; penalties. (1) The department of justice shall enforce this subchapter and any order issued under this subchapter. The circuit court of the county where the violation occurred has jurisdiction to enforce this subchapter or any orders issued under this subchapter, by injunction or other appropriate relief.

AB426-ASA1,163,4 (2) (a) Any person who authorizes or engages in mining without a mining permit and written authorization to mine under s. 295.59 (3) shall forfeit all profits obtained from those illegal activities and not more than $5,000 for each day during which the mine was in operation.

AB426-ASA1,163,6 (b) A person to whom par. (a) applies is also liable to the department for the full cost of reclaiming the affected area of land and any damages caused by the mining.

AB426-ASA1,163,10 (c) If the violator of par. (a) is a corporation, limited liability company, partnership, or association, any officer, director, member, manager, or partner who knowingly authorizes, supervises, or contracts for mining is also subject to the penalties in this subsection.

AB426-ASA1,163,18 (3) Any person who makes or causes to be made in an application or report required by this subchapter a statement known to the person to be false or misleading in any material respect or who refuses to submit information required by a mining permit or by this subchapter may be fined not less than $1,000 nor more than $5,000. If the false or misleading statement is material to the issuance of the mining permit and the mining permit would not have been issued had the false or misleading statement not been made, the court may revoke the mining permit. If any violation under this subsection is repeated the court may revoke the mining permit.

AB426-ASA1,163,24 (4) (a) Any person who commits a violation of this subchapter or any permit or order issued under this subchapter, except for the violations enumerated in subs. (2) or (3), shall forfeit not less than $10 nor more than $5,000 for each violation. Each day of continued violation is a separate offense, except that no forfeiture may be imposed during the time that continued mining is authorized under s. 295.63 (3). While an order is suspended, stayed, or enjoined, this penalty does not accrue.

AB426-ASA1,164,6 (b) In addition to the penalties provided under par. (a), the court may award the department of justice the reasonable and necessary expenses of the investigation and prosecution of the violation, including attorney fees. The department of justice shall deposit in the state treasury for deposit into the general fund all moneys that the court awards to the department or the state under this paragraph. These moneys shall be credited to the appropriation account under s. 20.455 (1) (gh).

AB426-ASA1,164,8 (5) Any person having an interest that is or may be adversely affected may intervene as a matter of right, in any enforcement action brought under this section.

AB426-ASA1, s. 66 Section 66. 299.85 (7) (a) 2. and 4. of the statutes are amended to read:

AB426-ASA1,164,23 299.85 (7) (a) 2. Notwithstanding minimum or maximum forfeitures specified in ss. 29.314 (7), 29.334 (2), 29.604 (5) (a), 29.611 (11), 29.889 (10) (c) 2., 29.969, 29.971 (1) (a), (1m) (a), (3), (3m), (11g) (b), (11m) (b), and (11r) (b), 30.298 (1), (2), and (3), 30.49 (1) (a) and (c), 31.23 (2), 281.75 (19), 281.98 (1), 281.99 (2) (a) 1., 283.91 (2), 285.41 (7), 285.57 (5), 285.59 (8), 285.87 (1), 287.95 (1), (2) (b), and (3) (b), 287.97, 289.96 (2) and (3) (a), 291.97 (1), 292.99 (1) and (1m), 293.81, 293.87 (3) and (4) (a), 295.19 (3) (a) and (b) 1., 295.37 (2), 295.79 (2), (3), and (4), 299.15 (4), 299.51 (5), 299.53 (4) (c) 1., 299.62 (3) (a) and (c), and 299.97 (1), if a regulated entity that qualifies under sub. (2) for participation in the Environmental Compliance Audit Program corrects violations that it discloses in a report that meets the requirements of sub. (3) within 90 days after the department receives the report that meets the requirements of sub. (3), the regulated entity may not be required to forfeit more than $500 for each violation, regardless of the number of days during which the violation continues.

AB426-ASA1,165,10 4. Notwithstanding minimum or maximum forfeitures specified in ss. 29.314 (7), 29.334 (2), 29.604 (5) (a), 29.611 (11), 29.889 (10) (c) 2., 29.969, 29.971 (1) (a), (1m) (a), (3), (3m), (11g) (b), (11m) (b), and (11r) (b), 30.298 (1), (2), and (3), 30.49 (1) (a) and (c), 31.23 (2), 281.75 (19), 281.98 (1), 281.99 (2) (a) 1., 283.91 (2), 285.41 (7), 285.57 (5), 285.59 (8), 285.87 (1), 287.95 (1), (2) (b), and (3) (b), 287.97, 289.96 (2) and (3) (a), 291.97 (1), 292.99 (1) and (1m), 293.81, 293.87 (3) and (4) (a), 295.19 (3) (a) and (b) 1., 295.37 (2), 295.79 (2), (3), and (4), 299.15 (4), 299.51 (5), 299.53 (4) (c) 1., 299.62 (3) (a) and (c), and 299.97 (1), if the department approves a compliance schedule under sub. (6) and the regulated entity corrects the violations according to the compliance schedule, the regulated entity may not be required to forfeit more than $500 for each violation, regardless of the number of days during which the violation continues.

AB426-ASA1, s. 67 Section 67. 299.95 of the statutes is amended to read:

AB426-ASA1,166,3 299.95 Enforcement; duty of department of justice; expenses. The attorney general shall enforce chs. 281 to 285 and 289 to 295 and this chapter, except ss. 285.57, 285.59, and 299.64, and all rules, special orders, licenses, plan approvals, permits, and water quality certifications of the department, except those promulgated or issued under ss. 285.57, 285.59, and 299.64 and except as provided in ss. 285.86 and 299.85 (7) (am). The Except as provided in s. 295.79 (1), the circuit court for Dane county or for any other county where a violation occurred in whole or in part has jurisdiction to enforce chs. 281 to 285 and 289 to 295 or this chapter or the rule, special order, license, plan approval, permit, or certification by injunctional and other relief appropriate for enforcement. For purposes of this proceeding where chs. 281 to 285 and 289 to 295 or this chapter or the rule, special order, license, plan approval, permit or certification prohibits in whole or in part any pollution, a violation is considered a public nuisance. The department of natural resources may enter into agreements with the department of justice to assist with the administration of chs. 281 to 285 and 289 to 295 and this chapter. Any funds paid to the department of justice under these agreements shall be credited to the appropriation account under s. 20.455 (1) (k).

AB426-ASA1, s. 68 Section 68. 323.60 (1) (gm) of the statutes is created to read:

AB426-ASA1,166,6 323.60 (1) (gm) "Minerals" mean unbeneficiated metallic ore but does not include mineral aggregates such as stone, sand, and gravel.

AB426-ASA1, s. 69 Section 69. 323.60 (5) (d) 3. of the statutes is amended to read:

AB426-ASA1,166,17 323.60 (5) (d) 3. All facilities with 10 or more employees in major group classifications 10 to 13 in the standard industrial classification manual, 1987 edition, published by the U.S. office of management and budget, at which a toxic chemical is used at or above an applicable threshold quantity, except that compliance with the toxic chemical release form requirements under this subdivision is not required for the placement of a toxic chemical in a storage or disposal site or facility that is located at a facility with a permit under ch. 293 or a mining permit under subch. III of ch. 295 if the toxic chemical consists of or is contained in merchantable by-products, as defined in s. 293.01 (7) or 295.41 (25), minerals as defined in s. 293.01 (8), or refuse, as defined in s. 293.01 (25) or 295.41 (41).

AB426-ASA1, s. 70 Section 70. 710.02 (2) (d) of the statutes is amended to read:

AB426-ASA1,166,20 710.02 (2) (d) An exploration mining lease as defined in s. 107.001 (1) and land used for mining and associated activities under chs. 293 and 295.

AB426-ASA1, s. 71 Section 71. Nonstatutory provisions.

AB426-ASA1,166,22 (1) Rules.

AB426-ASA1,167,7 (a) The department of natural resources shall submit in proposed form rules revising chapters NR 130, 131, 132, and 182, Wisconsin Administrative Code, that are in effect on the effective date of this paragraph and revising any other rules promulgated under section 293.13 (1) (a) of the statutes that are in effect on the effective date of this paragraph to the legislative council staff under section 227.15 (1) of the statutes no later than the first day of the 5th month beginning after the effective date of this paragraph. The proposed revised rules shall clarify that chapters NR 130, 131, 132, and 182, Wisconsin Administrative Code, and any other rules promulgated under section 293.13 (1) (a) of the statutes do not apply to ferrous metallic mining.

AB426-ASA1,167,18 (b) The department of natural resources shall submit in proposed form rules revising chapters NR 500 to 555 and 600 to 679, Wisconsin Administrative Code, that are in effect on the effective date of this paragraph and revising any other rules promulgated under sections 289.05 and 289.06 (1) of the statutes that are in effect on the effective date of this paragraph to the legislative council staff under section 227.15 (1) of the statutes no later than the first day of the 5th month beginning after the effective date of this paragraph. The department shall revise the rules in chapters NR 500 to 555 and 600 to 679, Wisconsin Administrative Code, and any other rules promulgated under sections 289.05 and 289.06 (1) of the statutes so that they are consistent with subchapter III of chapter 295, of the statutes, as created by this act.

AB426-ASA1,167,25 (c) The department of natural resources shall submit, to the legislative council staff under section 227.15 (1) of the statutes, no later than the first day of the 5th month beginning after the effective date of this paragraph, in proposed form rules revising any rules of the department that are in effect on the effective date of this paragraph, in addition to the rules under paragraphs (a ) and (b), that provide exemptions for nonferrous mining or associated activities to provide the same exemptions for ferrous mining and associated activities.

AB426-ASA1,168,3 (d) Notwithstanding section 227.137 (2) of the statutes, the department of natural resources is not required to prepare an economic impact report for the revised rules required under paragraphs (a ) to (c).

AB426-ASA1,168,4 (End)