295.17(1)(1) An agent of a county, city, village or town that has a valid nonmetallic mining reclamation ordinance 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. 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.
295.17(2)
(2) Any duly authorized officer, employe or representative of the department may enter and inspect any property, premises or place on or at which any nonmetallic mining operation is located or is being constructed or installed at any reasonable time for the purpose of ascertaining the state of compliance with this chapter and
chs. 281,
285,
289 to
293 and
299 and rules adopted pursuant thereto. No person may refuse entry or access to any such authorized representative of the department who requests entry for purposes of inspection, and who presents appropriate credentials, nor may any person obstruct, hamper or interfere with any such inspection. The department shall furnish to the nonmetallic mining site operator a written report setting forth all observations, relevant information and data which relate to compliance status.
295.17 History
History: 1995 a. 227 s.
808,
995.
295.18
295.18
Department review. 295.18(1)(1)
Review. The department shall 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:
295.18(1)(a)
(a) A performance audit of the nonmetallic mining reclamation program of the county, city, village or town.
295.18(1)(b)
(b) Verification, by on-site inspections, of county, city, village or town compliance with this subchapter and rules promulgated under this subchapter.
295.18(1)(c)
(c) A written determination by the department, issued every 3 years, of whether or not the county, city, village or town is in compliance with this subchapter and rules promulgated under this subchapter.
295.18(2)
(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 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.
295.18(3)
(3) Municipal noncompliance; consequences. If the department determines under
sub. (2) that a city, village or town is not in compliance with this subchapter and rules promulgated under this subchapter, the city, village or town may not administer the nonmetallic mining reclamation program. The county nonmetallic mining reclamation ordinance applies to that city, village or town and the county shall administer the nonmetallic mining reclamation program in that city, village or town. The city, village or town may apply to the department to resume its authority to administer the nonmetallic mining reclamation program, but not sooner than 3 years after the department issues a decision under
sub. (2). The department, after a hearing, may approve the city, village or town request to administer the nonmetallic mining reclamation program if the city, village or town demonstrates the capacity to comply with this subchapter and rules promulgated under this subchapter.
295.18(4)
(4) County noncompliance; consequences. If the department determines 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. 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 during the time that the department administers the nonmetallic mining reclamation program in the county in which the city, village or town is located.
295.18 History
History: 1995 a. 227 s.
809.
295.19
295.19
Enforcement; remedies; penalties. 295.19(1)
(1)
Orders; enforcement. The governing body of a county, city, village or town that has a valid nonmetallic mining reclamation ordinance, or an agent designated by that governing body, may do any of the following:
295.19(1)(a)
(a) Issue a compliance order, suspension order or termination order as authorized in the nonmetallic mining reclamation ordinance.
295.19(1)(b)
(b) Modify, suspend or revoke a nonmetallic mining permit as authorized in the nonmetallic mining reclamation ordinance.
295.19(1)(c)
(c) Issue a special order directing the immediate cessation of an activity regulated under this subchapter until the necessary plan approval is obtained or until the nonmetallic mining site complies with the nonmetallic mining reclamation ordinance.
295.19(1)(d)
(d) Submit orders to abate violations of the nonmetallic mining reclamation ordinance to the district attorney, the corporation counsel, the municipal attorney or the attorney general for enforcement. The district attorney, the corporation counsel, the municipal attorney or the attorney general may enforce those orders.
295.19(2)
(2) Department orders. The department may issue a special 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).
295.19(3)(a)(a) Any person who violates the rules promulgated under
s. 295.12 (1) (a) or an order issued under
sub. (2) may be required to forfeit not less than $25 nor more than $1,000 for each violation. Each day of continued violation is a separate offense. While an order issued under this subchapter is suspended, stayed or enjoined, this penalty does not accrue.
295.19(3)(b)1.1. 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 order is suspended, stayed or enjoined, this penalty does not accrue.
295.19(3)(b)2.
2. In addition to the penalties provided under
subd. 1., 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 subdivision. Ten percent of the money deposited in the general fund that was awarded under this subdivision for the costs of investigation and the expenses of prosecution, including attorney fees, shall be credited to the appropriation account under
s. 20.455 (1) (gh).
295.19 History
History: 1995 a. 227 s.
810,
995.
295.20
295.20
Preservation of certain nonmetallic mineral deposits. 295.20(1)(1)
Registration. Beginning on June 1, 1994, a landowner may register land owned by that person with each county in which the land is located if the land has an economically viable nonmetallic mineral deposit. 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 recorded in the office of the register of deeds in each county in which the nonmetallic mineral deposit or buffer area is located. A registration under this subsection may not be rescinded by the county or the landowner or his or her successors or assigns.
295.20(2)
(2) Limitation on zoning. 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 in a manner that would permanently interfere with the present or future extraction of the nonmetallic mineral deposit or maintenance of the buffer area.
295.20(3)
(3) Exceptions. Nothing in this section shall be construed to prohibit the following:
295.20(3)(a)
(a) A use of land permissible under a zoning ordinance on the day before a mineral deposit or buffer area is registered under
sub. (1).
295.20(3)(b)
(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.
295.20 History
History: 1995 a. 227 s.
811.
OIL AND GAS
295.31
295.31
Definitions; oil and gas. In this subchapter:
295.31(1)
(1) "Department" means the department of natural resources.
295.31(2)
(2) "Exploration" means the on-site geologic examination from the surface of an area by core, rotary, percussion or other drilling for the purpose of searching for oil or gas or establishing the nature and extent of a known oil or gas deposit and includes associated activities such as clearing and preparing sites or constructing roads for drilling. For the purposes of the definition of exploration, geologic examination does not include drill holes constructed for the purpose of collecting soil samples or for determining geologic information by seismic methods.
295.31(3)
(3) "Gas" means naturally occurring gaseous hydrocarbons.
295.31(4)
(4) "Oil" means naturally occurring liquid hydrocarbons.
295.31(6)
(6) "Principal shareholder" means any person that owns at least 10% of the beneficial interest of another person.
295.31(7)
(7) "Production" means the process involved in the extraction of oil or gas for commercial purposes, and the construction of roads, construction, testing and completion of wells and installation and operation of pipelines, tanks and other necessary equipment for that extraction.
295.31(7m)
(7m) "Other waste" includes all other substances, except industrial wastes, as defined in
s. 281.01 (5), and sewage, as defined in
s. 281.01 (13), which pollute any of the surface waters of the state. The term also includes unnecessary siltation resulting from operations such as the washing of vegetables or raw food products, gravel washing, stripping of lands for development of subdivisions, highways, quarries and gravel pits, mine drainage, cleaning of vehicles or barges or gross neglect of land erosion.
295.31(8)
(8) "Person" means an individual, owner, operator, corporation, limited liability company, partnership, association, municipality, interstate agency, state agency or federal agency.
295.31(8m)
(8m) "Related person" means any person that owns or operates an oil or gas exploration or production site in the United States and that is one of the following when an application for an oil or gas exploration or production license is submitted to the department:
295.31(8m)(b)
(b) A person that holds more than a 30% ownership interest in the applicant.
295.31(8m)(c)
(c) A subsidiary or affiliate of the applicant in which the applicant holds more than a 30% ownership interest.
295.31(9)
(9) "Waters of the state" includes those portions of Lake Michigan and Lake Superior within the boundaries of this state, and all lakes, bays, rivers, streams, springs, ponds, wells, impounding reservoirs, marshes, watercourses, drainage systems and other surface water or groundwater, natural or artificial, public or private, within this state or its jurisdiction.
295.31 History
History: 1991 a. 262;
1995 a. 227 s.
813,
995; Stats. 1995 s. 295.31.
295.33
295.33
Oil and gas exploration and production. 295.33(1)
(1) No person may engage in the exploration for oil or gas without a license from the department.
295.33(2)
(2) No person may engage in the production of oil or gas without a license from the department.
295.33(3)
(3) No person may commit waste in the exploration for or in the production of oil or gas.
295.33(4)
(4) No person may conduct drilling operations for the exploration for or production of oil or gas from beneath the beds of the Great Lakes or bays or harbors that are adjacent to the Great Lakes, unless all drilling operations originate from locations above and on the landward side of the ordinary high-water mark and are conducted according to the terms of a written lease obtained from the department under
s. 30.20 (2) (b).
295.33(5)
(5) No person holding an oil or gas exploration or production license may engage a general contractor or affiliate to operate an oil or gas exploration or production site if the general contractor or affiliate has 2 or more felony convictions for violation of a law for the protection of the natural environment arising out of the operation of an oil or gas exploration or production site in the United States within 10 years before the issuance of the person's license, unless the general contractor or affiliate receives the department's approval of a plan to prevent the occurrence in this state of events similar to the events that directly resulted in the convictions.
295.33 History
History: 1991 a. 262;
1995 a. 227 s.
814; Stats. 1995 s. 295.33.
295.35
295.35
Departmental powers and duties; oil and gas. 295.35(1)(1) The department shall establish a licensing procedure for oil and gas exploration and production in this state. The procedure shall require the applicant to do all of the following:
295.35(1)(a)
(a) Submit any information that the department considers necessary to determine whether the applicant is competent to conduct oil and gas exploration, production and site reclamation and to determine whether the requirements of
sub. (5) are satisfied.
295.35(1)(b)
(b) Submit any information necessary for the department to determine whether the proposed exploration, production and site reclamation will comply with this subchapter and rules promulgated under this subchapter.
295.35(1)(c)
(c) Pay fees to cover the costs of plan review and licensing.
295.35(1)(d)
(d) File with the department a bond conditioned on the faithful performance of all of the requirements of this subchapter and rules promulgated under this subchapter.
295.35(2)
(2) The department shall promulgate rules to protect the waters of the state, air, soil, plants, fish and wildlife from the adverse effects of oil and gas exploration and production, including rules relating to all of the following:
295.35(2)(a)
(a) Location, construction, operation and maintenance of wells and ancillary facilities to provide the greatest practicable protection to the environment.
295.35(2)(b)
(b) Disposal of waste liquids encountered or produced in oil and gas exploration and production.
295.35(2)(c)
(c) Plugging of wells and abandonment and reclamation of well sites and mud pits and all other ancillary facilities to provide long-term environmental protection.
295.35(2)(d)
(d) Reclamation of affected land when exploration and production are completed.
295.35(2)(e)
(e) Competence of an applicant to conduct oil and gas exploration, production and site reclamation.
295.35(3)
(3) The department shall promulgate rules to prevent waste in the exploration for or the production of oil and gas, including rules related to all of the following:
295.35(3)(a)
(a) Prevention of the escape of oil or gas from one stratum to another, and water or brine into oil and gas strata.
295.35(3)(b)
(b) Prevention of the premature or irregular encroachment of water that reduces the total recovery of oil and gas.
295.35(3)(c)
(c) Prevention of fires, explosions, blowouts, seepage or caving.
295.35(3)(f)
(f) Regulation of well production, including the allocation of allowable production in any field or pool.
295.35(3)(g)
(g) Operation of wells with efficient ratios of gas to oil.
295.35(5)
(5) The department may not issue a license for oil or gas exploration or production if it finds any of the following:
295.35(5)(a)
(a) That the applicant has violated and continues to fail to comply with this subchapter or any rule promulgated under this subchapter.
295.35(5)(b)
(b) That the applicant, a principal shareholder of the applicant or a related person has, within 10 years before the application is submitted, forfeited a reclamation bond for oil or gas exploration or production that was posted in accordance with a permit, license or other approval for an oil or gas exploration or production site in the United States, unless the forfeiture was by agreement with the entity for whose benefit the bond was posted and the amount of the bond was sufficient to cover all costs of reclamation.
295.35(5)(c)
(c) That the applicant, a related person or an officer or director of the applicant has, within 10 years before the application is submitted, 2 or more felony convictions for violations of laws for the protection of the natural environment arising out of the operation of an oil or gas exploration or production site in the United States, unless one of the following applies:
295.35(5)(c)1.
1. The court ordered the person convicted, as part of the sentence or as a condition of probation, to engage in activities to remedy the violation and the person has complied with that order.
295.35(5)(c)2.
2. The person convicted is a related person or an officer or director of the applicant with whom the applicant terminates its relationship.
295.35(5)(c)3.
3. The applicant included in its license application under
sub. (1) a plan to prevent the occurrence in this state of events similar to the events that directly resulted in the convictions.
295.35(5)(cm)
(cm) That the applicant, a related person or an officer or director of the applicant or a related person has, within 10 years before the application is submitted, been required to forfeit more than $10,000 for a violation of a law for the protection of the natural environment arising out of the operation of an oil and gas exploration or production site in the United States, unless one of the following applies:
295.35(5)(cm)1.
1. The court ordered the person who was required to forfeit more than $10,000 to engage in activities to remedy the violation and the person has complied with that order.
295.35(5)(cm)2.
2. The person who was required to forfeit more than $10,000 is a related person with whom the applicant has terminated its relationship.
295.35(5)(cm)3.
3. The applicant included in the license application a plan to prevent the occurrence in this state of events similar to the events that directly resulted in the forfeiture.
295.35(5)(d)
(d) That the applicant or a related person has, within 10 years before the application is submitted, declared bankruptcy or undergone dissolution that resulted in the failure to reclaim an oil or gas exploration or production site in the United States in violation of a state or federal law and that failure has not been remedied and is not being remedied.
