AB697: Bill Text

AB697, s. 1 Section 1. 20.370 (2) (gi) of the statutes is repealed.

AB697, s. 2 Section 2. 66.038 (7) of the statutes is amended to read:

AB697,2,4 66.038 (7) Applicability. This section does not apply after December 31, 1996 June 30, 1997.

AB697, s. 3 Section 3. 91.75 (9) (a) 1. of the statutes is amended to read:

AB697,3,3 91.75 (9) (a) 1. A reclamation plan, submitted as required by a nonmetallic mining reclamation ordinance adopted under s. 66.038 or 144.9407 (3) (4), that fulfills reclamation standards established by the ordinance.

AB697, s. 4 Section 4. 144.9407 (1) (b) of the statutes is amended to read:

AB697,3,11 144.9407 (1) (b) "Nonmetallic mining reclamation" means the rehabilitation of a nonmetallic mining site, including removal or reuse of nonmetallic mining refuse, grading of the nonmetallic mining site, replacement of topsoil, stabilization of soil conditions, establishment 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 restoration of the nonmetallic mining site to a valuable use.

AB697, s. 5 Section 5. 144.9407 (2) (a) 1. of the statutes is amended to read:

AB697,3,14 144.9407 (2) (a) 1. Uniform statewide standards Standards for nonmetallic mining reclamation for inclusion in the model ordinance under subd. 3.

AB697, s. 6 Section 6. 144.9407 (2) (a) 2. and 2m. of the statutes are repealed.

AB697, s. 7 Section 7. 144.9407 (2) (a) 3. of the statutes is amended to read:

AB697,3,18 144.9407 (2) (a) 3. The text of a model nonmetallic mining reclamation ordinance that conforms with this section.

AB697, s. 8 Section 8. 144.9407 (2) (am) 3. of the statutes is amended to read:

AB697,4,3 144.9407 (2) (am) 3. Standards for those portions of a nonmetallic mining site that are mined on or after the effective date of the ordinance shall include 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 restoration of the nonmetallic mining site to a valuable use.

AB697, s. 9 Section 9. 144.9407 (2) (b) (intro.) of the statutes is amended to read:

AB697,4,6 144.9407 (2) (b) Text of ordinance. (intro.) The text of the model nonmetallic mining reclamation ordinance under par. (a) 3. shall include all of the following:

AB697, s. 10 Section 10. 144.9407 (2) (b) 4. of the statutes is amended to read:

AB697,5,2 144.9407 (2) (b) 4. A requirement for the operator to obtain a nonmetallic mining 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 for the issuance, renewal, modification, suspension or revocation of the permit; a requirement for public notice and an opportunity for a public hearing before issuance, renewal, modification, suspension or revocation of the 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; a right for any person who meets the requirements of s. 227.42 (1) to obtain a contested case hearing under ch. 68 on the issuance, renewal, modification, suspension or revocation of a permit; a requirement for cooperative issuance of a single 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 permit be taken within 90 days after receipt of the mining operation and mining reclamation plans or, if a public hearing is held, within 60 days after the close of the public hearing.

AB697, s. 11 Section 11. 144.9407 (2) (b) 5. (intro.) of the statutes is amended to read:

AB697,5,7 144.9407 (2) (b) 5. (intro.) A provision imposing annual fees as determined by the department for the administration of sub. (7) and imposing annual fees as determined by the county, city, village or town that shall, as closely as possible, equal the cost of all of the following:

AB697, s. 12 Section 12. 144.9407 (2) (b) 10. of the statutes is repealed.

AB697, s. 13 Section 13. 144.9407 (2) (b) 12. of the statutes is created to read:

AB697,5,16 144.9407 (2) (b) 12. Provisions to encourage the resumption of nonmetallic mining at sites where nonmetallic mining operations have ceased before the effective date of the ordinance, including the waiver of fees under subd. 5. and financial assurance under subd. 6. associated with those sites and the application of the nonmetallic mining reclamation standards under par. (am) 2. for portions of a nonmetallic mining site mined before the effective date of the ordinance to the entire area of those sites.

AB697, s. 14 Section 14. 144.9407 (3) (title), (a) and (b) of the statutes are repealed.

AB697, s. 15 Section 15. 144.9407 (3) (c) of the statutes is renumbered 144.9407 (4) (c) and amended to read:

AB697,5,23 144.9407 (4) (c) Applicability of county ordinance. The An ordinance adopted by a county under par. (a) or (b) applies to the entire area of the county, except for cities, villages and towns that enact and administer a nonmetallic mining reclamation ordinance under sub. (4) par. (a).

AB697, s. 16 Section 16. 144.9407 (4) (a) of the statutes is amended to read:

AB697,6,7 144.9407 (4) (a) Authority to enact and administer ordinance. A county, city, village or town may enact and administer a nonmetallic mining reclamation ordinance, the text of which is in strict conformity which need not conform with the text of the model ordinance under sub. (2) (a) 3. Except as provided in par. (b), 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 under sub. (2) (a) 3.

AB697, s. 17 Section 17. 144.9407 (4) (b) of the statutes is repealed.

AB697, s. 18 Section 18. 144.9407 (4m) of the statutes is repealed.

AB697, s. 19 Section 19. 144.9407 (5) (a) and (b) of the statutes are amended to read:

AB697,6,15 144.9407 (5) (a) Existing nonmetallic mining. A nonmetallic mining reclamation ordinance and the standards established under sub. (2) (a) 1. may apply to all portions of a nonmetallic mining site, including unreclaimed portions of a nonmetallic mining site that relate to nonmetallic mining that occurred before the effective date of the ordinance.

AB697,6,20 (b) Nonmetallic mining in or near navigable waterways. A nonmetallic mining reclamation ordinance and the standards established under sub. (2) (a) 1. do does 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.

AB697, s. 20 Section 20. 144.9407 (5) (d) of the statutes is amended to read:

AB697,7,3 144.9407 (5) (d) Public nonmetallic mining. 1. The standards established under sub. (2) (a) 1. and, except Except as provided in subd. 2., a nonmetallic mining reclamation ordinance shall apply to nonmetallic mining conducted by or on behalf of the state or a municipality. Notwithstanding s. 13.48 (13), nonmetallic mining operated for the benefit or use of the state or any state agency, board, commission or department shall comply with the permit requirements and nonmetallic mining reclamation standards of any applicable nonmetallic mining reclamation ordinance.

AB697,7,6 2. The Any financial assurance requirements of a nonmetallic mining reclamation ordinance do not apply to nonmetallic mining conducted by the state or a municipality.

AB697, s. 21 Section 21. 144.9407 (5) (e) (intro.) of the statutes is amended to read:

AB697,7,10 144.9407 (5) (e) Exempt activities. (intro.) A nonmetallic mining reclamation ordinance and the standards established under sub. (2) (a) 1. do does not apply to the following activities:

AB697, s. 22 Section 22. 144.9407 (7) of the statutes is repealed.

AB697, s. 23 Section 23. 144.9407 (8) of the statutes is repealed.

AB697, s. 24 Section 24. 144.9407 (8m) of the statutes is created to read:

AB697,7,15 144.9407 (8m) Applicability. (a) Rules promulgated under sub. (2) may not take effect before January 1, 1997.

AB697,7,16 (b) Subsections (4) to (6) do not apply before January 1, 1997.

AB697, s. 25 Section 25. 144.9407 (9) of the statutes is repealed.

AB697,7,18 (End)