SB59-SSA1,370,15 (d) “Quarry operations” means the extraction and processing of minerals at a quarry and all related activities, including blasting, vehicle and equipment access to the quarry, and loading and hauling of material to and from the quarry.

SB59-SSA1,370,19 (3) Limitations on local regulation. (a) Permits. 1. Consistent with the requirements and limitations in this subsection, except as provided in subd. 2., a political subdivision may require a quarry operator to obtain a zoning or nonzoning permit to conduct quarry operations.

SB59-SSA1,370,25 2. A political subdivision may not require a quarry operator to obtain a zoning or nonzoning permit to conduct quarry operations unless prior to the establishment of quarry operations the political subdivision enacts an ordinance that requires the permit. A political subdivision may not require a quarry operator to obtain a nonzoning permit to conduct quarry operations if the quarry operation operates under a previously issued zoning permit.

SB59-SSA1,371,7 (b) Applicability of local limit. If a political subdivision enacts a nonzoning ordinance regulating the operation of a quarry that was not in effect when quarry operations began at a quarry, the limit does not apply to that quarry or to land that is contiguous, as defined in s. 59.69 (10) (ab) 1., to the land on which the quarry is located, is under the common ownership, leasehold, or control of the person who owns, leases, or controls the land on which the quarry is located, and is located in the same political subdivision.

SB59-SSA1,371,12 (c) Blasting. 1. In this paragraph, “affected area” means an area within a certain radius of a blasting site that may be affected by a blasting operation, as determined using a formula established by the department of safety and professional services by rule that takes into account a scaled-distance factor and the weight of explosives to be used.

SB59-SSA1,371,14 2. Except as provided under subds. 3. and 4., a political subdivision may not limit blasting at a quarry.

SB59-SSA1,371,16 3. A political subdivision may require the operator of a quarry to do any of the following:

SB59-SSA1,371,19 a. Before beginning a blasting operation at the quarry, provide notice of the blasting operation to each political subdivision in which any part of the quarry is located and to owners of dwellings or other structures within the affected area.

SB59-SSA1,371,22 b. Before beginning a blasting operation at the quarry, cause a 3rd party to conduct a building survey of any dwellings or other structures within the affected area.

SB59-SSA1,371,24 c. Before beginning a blasting operation at the quarry, cause a 3rd party to conduct a survey of and test any wells within the affected area.

SB59-SSA1,372,2 d. Provide evidence of insurance to each political subdivision in which any part of the quarry is located.

SB59-SSA1,372,4 e. Provide copies of blasting logs to each political subdivision in which any part of the quarry is located.

SB59-SSA1,372,6 f. Provide maps of the affected area to each political subdivision in which any part of the quarry is located.

SB59-SSA1,372,8 g. Provide copies of any reports submitted to the department of safety and professional services relating to blasting at the quarry.

SB59-SSA1,372,14 4. A political subdivision may suspend a permit for a violation of the requirements under s. 101.15 relating to blasting and rules promulgated by the department of safety and professional services under s. 101.15 (2) (e) relating to blasting only if the department of safety and professional services determines that a violation of the requirements or rules has occurred and only for the duration of the violation as determined by the department of safety and professional services.

SB59-SSA1,372,17 (d) Water quality or quantity. 1. Except as provided under subds. 2. to 5., a political subdivision may not do any of the following with respect to the operation of a quarry:

SB59-SSA1,372,18 a. Establish or enforce a water quality standard.

SB59-SSA1,372,20 b. Issue permits, including permits for discharges to the waters of the state, or any other form of approval related to water quality or quantity.

SB59-SSA1,372,21 c. Impose any restriction related to water quality or quantity.

SB59-SSA1,372,22 d. Impose any requirements related to monitoring of water quality or quantity.

SB59-SSA1,372,24 2. A political subdivision may take actions related to water quality that are specifically required or authorized by state law.

SB59-SSA1,373,14 3. A political subdivision may require the operator of a quarry to conduct and provide water quality and quantity baseline testing and ongoing quality testing, to occur not more frequently than annually, of all wells within 1,000 feet of the perimeter of a quarry site when a new high capacity well is added to an existing quarry site or a new quarry site is established. A testing requirement under this subdivision may not impose any standard that is more stringent than the standards for groundwater quality required by rules promulgated by the department of natural resources. The political subdivision may request a report of well testing results within 30 days of the completion of testing, and the quarry operator shall provide the results within that time. Any person offered the opportunity to have a well tested under this subdivision but who knowingly refuses testing waives any claim against a quarry operator related to the condition of the well if, within 90 days of the offer, the quarry operator records with the register of deeds for the county in which the well is located a written and sworn certification that the person refused the offer.

SB59-SSA1,373,17 4. A political subdivision that imposes a requirement to conduct any ongoing water quality or quantity testing of wells adjacent to an existing quarry prior to the effective date of this subdivision .... [LRB inserts date], may continue to do so.

SB59-SSA1,373,24 5. In addition to the ability to enforce properly adopted local regulations as allowed by this section, a political subdivision may suspend a permit authorizing the operation of a quarry for a violation of state law or rules promulgated by the department of natural resources relating to water quality or quantity only if the department of natural resources determines that a violation of state law or rules has occurred and only for the duration of the violation, as determined by the department of natural resources.

SB59-SSA1,374,3 (e) Air quality. 1. Notwithstanding s. 285.73, and except as provided under subds. 2. to 4., a political subdivision may not do any of the following with respect to the operation of a quarry:

SB59-SSA1,374,6 a. Establish or enforce an ambient air quality standard, standard of performance for new stationary sources, or other emission limitation related to air quality.

SB59-SSA1,374,7 b. Issue permits or any other form of approval related to air quality.

SB59-SSA1,374,8 c. Impose any restriction related to air quality.

SB59-SSA1,374,9 d. Impose any requirement related to monitoring air quality.