AB100-engrossed,1830,11
10295.20 (title)
Preservation of certain marketable nonmetallic mineral
11deposits.
AB100-engrossed, s. 3777
12Section
3777. 295.20 (1) of the statutes is renumbered 295.20 (1) (a) (intro.)
13and amended to read:
AB100-engrossed,1830,1714
295.20
(1) (a) (intro.) Beginning on
June 1,
1994 the effective date of this
15paragraph .... [revisor inserts date], a landowner may register land owned by that
16person
with each county in which the land is located if the under this section if all
17of the following apply:
AB100-engrossed,1830,21
181. The land has
an economically viable a marketable nonmetallic mineral
19deposit
, as evidenced by the certification of a professional geologist registered under
20s. 443.037 or a professional engineer registered under s. 443.04 and by any other
21information required under sub. (4).
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22(c) The registration shall delineate the nonmetallic mineral deposit and
the
23necessary buffer areas under the nonmetallic mining reclamation ordinance. The
24landowner, as a condition of registration, shall submit evidence that a notation of the
1registration has been is valid only if recorded in the office of the register of deeds in
2each county in which the nonmetallic mineral deposit
or buffer area is located.
A
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3(d) Except as provided under sub. (4) (d), a registration under this subsection
4may not be rescinded by the county or the landowner or his or her successors or
5assigns lasts for 10 years and may be renewed as provided in the rules under sub.
6(4) (e).
AB100-engrossed,1831,118
295.20
(1) (a) 2. The landowner notifies each county, city, village and town that
9has authority to zone the land of his or her intent to register the marketable
10nonmetallic mineral deposit. The notification shall include the evidence required
11under subd. 1.
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3. Nonmetallic mining is a permitted or conditional use for the land that is
13proposed to be registered under any zoning that is in effect on the day on which the
14landowner makes the notification under subd. 2.
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295.20
(1) (b) A governmental unit that receives notification under par. (a) 2.
17may contest registration under this subsection, in the circuit court for a county in
18which the land is located, on the grounds that there is not a marketable nonmetallic
19mineral deposit on the land or that par. (a) 3. is not satisfied. The governmental unit
20has the burden of proving, by a preponderance of the evidence, that one of those
21grounds exists.
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295.20
(1m) Previously registered deposits. Land registered under sub. (1)
24before the effective date of this subsection .... [revisor inserts date], shall remain
1registered for 10 years after the initial date of registration. The registration may be
2renewed as provided under sub. (4) (f).
AB100-engrossed,1832,115
295.20
(2) (a) A county, city, village or town may not by zoning, rezoning,
6granting a variance, or other official action or inaction, permit the erection of
7permanent structures upon, or otherwise permit the use of, any
registered
8nonmetallic mineral deposit or registered buffer area land, while a registration
9under this section is in effect for that land, in a manner that would permanently
10interfere with the present or future extraction of the nonmetallic mineral deposit
or 11maintenance of the buffer area that is located on the land.
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295.20
(2) (b) 1. A county, city, village or town may enact an ordinance changing
14the zoning of land that is registered under this section if mining has not begun on
15any portion of the registered land and the ordinance is necessary to implement a
16master plan, comprehensive plan or land use plan that was adopted at least one year
17before the rezoning.
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2. A zoning change authorized by subd. 1. does not apply to the registered land
19during the registration period in effect when the zoning ordinance takes effect or
20during the 10-year renewal period under sub. (4) (e) or (f) if the land is eligible for
21that renewal.
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3. A zoning change authorized by subd. 1. prevents the registration of the land
23after the period under subd. 2.
AB100-engrossed,1833,2
1295.20
(3) (a) A use of land permissible under a zoning ordinance
in effect on
2the day before a mineral deposit
or buffer area is registered under sub. (1).
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(b) Acquisition of a registered nonmetallic mineral deposit or registered buffer
4area by a county, city, village or town or other governmental unit for a public purpose
5if the use of the land does not permanently interfere with the extraction of
6nonmetallic minerals or maintenance of the buffer area.
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295.20
(4) Rules. The department shall promulgate rules that contain all of
9the following:
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(a) A definition of "marketable nonmetallic mineral deposit".
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(b) Procedures and requirements for registering land containing a marketable
12nonmetallic mineral deposit under sub. (1).
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(c) Procedures and criteria for objecting to the proposed registration of land
14containing a nonmetallic mineral deposit.
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(d) Procedures for terminating the registration of land under this section when
16there is no longer a marketable nonmetallic mineral deposit on the land.
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(e) Procedures and criteria for renewing the registration of land under sub. (1).
18The rules shall allow renewal for one 10-year period without review of the
19marketability of the deposit or the zoning of the land, except that, if mining has
20begun on any portion of the registered land, the rules shall allow the person to renew
21the registration for an unlimited number of 10-year periods as long as active mining
22continues.
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(f) Procedures and criteria for renewing the registration of land under sub.
24(1m).
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1(g) Criteria under which contiguous parcels of land owned by the same person
2and containing the same marketable nonmetallic mineral deposit may be included
3in one registration.
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5299.05 Permit guarantee program. (1) The department shall promulgate
6rules under which the department refunds fees paid by an applicant for a license,
7permit or other approval that is issued under ss. 30.10 to 30.205 or 30.21 to 30.27,
8chs. 280 to 283 and 287 to 292 or subch. II of ch. 295 and that is of a type specified
9in the rule if the department fails to make a determination on the application within
10the time limit specified in the rule for that type of license, permit or other approval.
11The rules under this subsection do not apply to an applicant for a license, permit or
12other approval related to mining, as defined in s. 293.01 (9), prospecting, as defined
13in s. 293.01 (18), or nonmetallic mining, as defined in s. 295.11 (3).
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14(2) The department shall specify at least the following types of licenses,
15permits and other approvals in the rules under sub. (1):
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(a) Permits and other approvals under ss. 30.10 to 30.205 and 30.21 to 30.27.
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(b) Approvals under s. 281.17 (1).
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(c) Permits under subch. IV of ch. 283.
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(e) Licenses under subch. III of ch. 289.
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(f) Licenses issued under subch. IV of ch. 291.
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299.13
(1m) Promotion of hazardous pollution prevention. (intro.) In
24carrying out the duties under
this section and ss. 36.25 (30) and 560.19
and this
1section, the department, the department of commerce
, the council and the program
2shall promote all of the following techniques for hazardous pollution prevention:
AB100-engrossed,1835,84
299.13
(2) (b) Identify all department requirements for reporting on hazardous
5pollution prevention and, to the extent possible and practical, standardize,
6coordinate and consolidate the reporting in order to minimize duplication and
7provide useful information on hazardous pollution prevention to the
council, the 8legislature and the public.
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299.15
(3) (cm) 2. In any fiscal year
after fiscal year 1992-93, the department
13may not charge total fees under par. (am) that exceed
the total fees that it charges
14under par. (am) for fiscal year 1992-93 $7,450,000.
AB100-engrossed,1835,17
16299.80 Environmental cooperation pilot program. (1) Definitions. In
17this section:
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(a) "Approval" means a permit, license or other approval issued by the
19department under chs. 280 to 295.
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(b) "Cooperative agreement" means an agreement entered into under sub. (6).
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(c) "Environmental management system" means an organized set of
22procedures implemented by the owner or operator of a facility to evaluate the
23environmental performance of the facility and to achieve measurable or noticeable
24improvements in that environmental performance through planning and changes in
25the facility's operations.
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1(d) "Environmental performance" means the effects, whether regulated under
2chs. 280 to 295 or unregulated, of a facility on air, water, land, natural resources and
3human health.
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(e) "Facility" means all buildings, equipment and structures located on a single
5parcel or on adjacent parcels that are owned or operated by the same person.
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(f) "Interested person" means a person who is or may be affected by the
7activities at a facility that is covered or proposed to be covered by a cooperative
8agreement or a representative of such a person.
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(g) "Performance evaluation" means a systematic, documented and objective
10review, conducted by or on behalf of the owner or operator of a facility, of the
11environmental performance of the facility, including an evaluation of compliance
12with the cooperative agreement covering the facility, approvals that are not replaced
13by the cooperative agreement and the provisions of chs. 280 to 295 and rules
14promulgated under those chapters for which a variance is not granted under sub. (4).
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(h) "Pollutant" means any of the following:
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1. Any dredged spoil, solid waste, incinerator residue, sewage, garbage, refuse,
17oil, sewage sludge, munitions, chemical wastes, biological materials, radioactive
18substance, heat, wrecked or discarded equipment, rock, sand, cellar dirt or
19industrial, municipal or agricultural waste discharged into water or onto land.
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2. Any dust, fumes, mist, liquid, smoke, other particulate matter, vapor, gas,
21odorous substances or any combination of those things emitted into the air, but not
22uncombined water vapor.
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(i) "Violation" means a violation of a cooperative agreement, of an approval that
24is not replaced by the cooperative agreement or of a provision of chs. 280 to 295 and
1rules promulgated under those chapters for which a participant has not received a
2variance under sub. (4).
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3(2) Pilot program. The department shall administer a pilot program under
4which it enters into not more than 10 cooperative agreements to evaluate innovative
5environmental regulatory methods. In administering the program, the department
6shall do all of the following:
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(a) Provide at least the same level of protection of public health and the
8environment as provided by the environmental regulatory methods under chs. 280
9to 295.
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(b) Encourage facility owners and operators to systematically assess the
11pollution that they cause, directly and indirectly, to the air, water and land.
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(c) Encourage facility owners and operators to implement efficient and cost-
13effective pollution reduction strategies for their facilities, while complying with
14verifiable and enforceable pollution limits.
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(d) Encourage facility owners and operators to achieve superior environmental
16performance, both with respect to the effects of a facility that are regulated under
17chs. 280 to 295 and those effects that are unregulated, to reduce usage of natural
18resources, to minimize transfers of waste discharges among air, water and land and
19to reduce waste generation, while achieving a balance among the economic, social
20and environmental impacts of these efforts that is acceptable to the community in
21which the facility is located.
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(e) Recognize and reward facility owners and operators who have
23demonstrated excellence and leadership in environmental stewardship or pollution
24prevention and who can achieve reductions in emissions and waste generation
25through implementation of innovative measures.
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1(f) Encourage the transfer of information about methods for improving
2environmental performance and the adoption of these methods by others.
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(g) Consolidate into a cooperative agreement environmental requirements
4relating to a facility owned or operated by a participant that are otherwise included
5in separate approvals to the extent that consolidation is practical and efficient.
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(h) Grant the owners and operators of facilities greater flexibility than would
7otherwise be allowed under chs. 280 to 295 and rules promulgated under those
8chapters.
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(i) Seek to reduce the time and money spent by government and owners and
10operators of facilities on paperwork and other administrative tasks that do not result
11in benefits to the environment.
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(j) Encourage public participation, and consensus among interested persons,
13in the development of innovative environmental regulatory methods and in
14monitoring the environmental performance of projects under this section.
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(k) Seek to improve the provision of useful information to the public about the
16environmental and human health impacts of facilities on communities.
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(L) Provide public access to information about performance evaluations
18conducted by participants in the program under this section.
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(m) Encourage facility owners and operators and communities to work together
20to reduce pollution to levels below the levels required under chs. 280 to 295.
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(n) Seek to increase trust among government, facility owners and operators
22and the public through open communication and support of early and credible
23resolution of conflicts over issues concerning the environment and environmental
24regulation.
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1(3) Content of cooperative agreements. A cooperative agreement shall do all
2of the following:
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(a) Identify the facility or facilities, the activities and the pollutants that are
4covered by the cooperative agreement.
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(b) Specify any approvals and provisions of approvals that are replaced by the
6cooperative agreement.
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(c) Commit the participant to implement an environmental management
8system that is based on the standards for environmental management systems
9issued by the International Organization for Standardization, or an alternative
10environmental management system that is acceptable to the department, at the
11covered facilities and commit the participant to documenting the environmental
12management system.
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(d) Commit the participant to superior environmental performance, to
14achieving measurable or noticeable improvements in environmental performance,
15to reducing natural resource usage and to reducing waste generation, while
16achieving a balance among the economic, social and environmental impacts of these
17efforts that is acceptable to the community in which the facility is located.
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(e) Specify waste reduction goals in measurable and verifiable terms.
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(f) Identify changes in raw materials, in the design, methods of production,
20distribution or uses of products or in the reuse, recycling or disposal of materials that
21the participant will implement to achieve process efficiencies, to reduce the pollution
22of the air, water and land and to reduce water use, energy use or indoor chemical
23exposure.
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1(g) Contain pollution limits that are verifiable, enforceable and at least as
2stringent as the pollution limits under chs. 280 to 295 and rules promulgated under
3those chapters.
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(h) Describe the operational flexibility granted to the participant and any
5variances granted under sub. (4).
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(i) Contain the requirements that would be included in any approvals that are
7replaced by the cooperative agreement, as modified under pars. (g) and (h).
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(j) Require the participant to submit a baseline performance evaluation within
9180 days of the date that the cooperative agreement is entered into and to update the
10performance evaluation periodically.
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(k) Require the participant to report any violations discovered during a
12performance evaluation as required in sub. (12).
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(L) Ensure that members of the interested persons group, established as
14required under sub. (5) (b), have the opportunity to comment on the participant's
15environmental management system and are involved in reviewing the participant's
16performance under the cooperative agreement and require a process that seeks
17consensus between the participant and interested persons over issues concerning
18that performance.