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3"
295.81 Citizen suits. (1) Except as provided in sub. (2), any citizen may
4commence a civil action on his or her own behalf:
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(a) Against any person who is alleged to be in violation of this subchapter.
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(b) Against the department where there is alleged to be a failure of the
7department to perform any act or duty under this subchapter that is not
8discretionary with the department.
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9(2) No action may be commenced:
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1. Prior to 30 days after the plaintiff has given notice of the alleged violation
12to the department and to the alleged violator; or
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12. If the department has commenced and is diligently prosecuting a civil or
2criminal action, but any citizen may intervene as a matter of right in the action.
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(b) Under sub. (1) (b) prior to 30 days after the plaintiff has given notice of the
4action to the department.
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5(3) The court, in issuing any final order in any action brought under this
6section, shall award costs of litigation including reasonable attorney and expert
7witness fees to the plaintiff if he or she prevails, and the court may do so if it
8determines that the outcome of the controversy is consistent with the relief sought
9by the plaintiff irrespective of the formal disposition of the civil action. In addition,
10the court shall award treble damages to any plaintiff proving damages caused by a
11person mining without a permit or willfully violating this subchapter or any permits
12or orders issued under this subchapter.
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13(4) Nothing in this section restricts any right which any person or class of
14persons may have under any other statute or common law.".
