SB622, s. 799 Section 799. 144.94 of the statutes is renumbered 293.95 and amended to read:

SB622,319,15 293.95 Review. Any person aggrieved by any decision of the department under ss. 144.80 to 144.937 this chapter may obtain its review under ch. 227.

SB622, s. 800 Section 800. 144.9407 (title) of the statutes is repealed.

SB622, s. 801 Section 801. 144.9407 (1) (intro.), (a), (b), (c), (d), (e) and (f) of the statutes are renumbered 295.11 (intro.), (3), (4), (5), (6), (7) and (9), and 295.11 (intro.), as renumbered, is amended to read:

SB622,319,20 295.11 Definitions. (intro.) In this section subchapter:

SB622, s. 802 Section 802. 144.9407 (2) of the statutes is renumbered 295.12, and 295.12 (1) (b) and (d), (2) (a) and (e) and (3) (intro.), (a), (b), (e) (intro.), (f) and (k), as renumbered, are amended to read:

SB622,319,25 295.12 (1) (b) Provisions for the administration of this section subchapter by the department.

SB622,320,2 (d) The text of a nonmetallic mining reclamation ordinance that conforms with this section subchapter.

SB622,320,5 (2) (a) The department shall establish nonmetallic mining reclamation standards under par. (a) 1. sub. (1) (a) that are applicable both during nonmetallic mining and after the termination of nonmetallic mining.

SB622,320,12 (e) Standards for those portions of a nonmetallic site that are mined before the effective date of the ordinance shall only include those minimal requirements necessary for the stabilization of soil conditions, establishment of vegetative cover and the prevention of environmental pollution. If additional nonmetallic mining takes place on a portion of a site that was mined before the effective date of the ordinance, that portion of the site shall be subject to the standards under subd. 3. par. (d) and the remainder of the site shall be subject to this subdivision paragraph.

SB622,320,14 (3) Text of ordinance. (intro.) The text of the nonmetallic mining reclamation ordinance under par. (a) 3. sub. (1) (d) shall include all of the following:

SB622,320,16 (a) Nonmetallic mining reclamation standards that are identical to the standards established under par. (a) 1. sub. (1) (a).

SB622,321,3 (b) A requirement for the operator to submit a nonmetallic mining operation plan including maps, information about the nonmetallic mining site, a description of the proposed nonmetallic mining including methods and procedures to be used and a proposed timetable for completion of various stages of the nonmetallic mining. The operation plan shall be designed to assure successful nonmetallic mining reclamation consistent with the standards in par. (am) 3. and 4. sub. (2) (d) and (e), to minimize the costs of nonmetallic mining reclamation and, to the extent practicable, to minimize the area disturbed by the nonmetallic mining at any time and to provide for continuous nonmetallic mining reclamation. For those portions of a nonmetallic site mined on or after the effective date of the ordinance, the operation plan shall provide for buffer areas on the nonmetallic mining site to assure appropriate final slopes after nonmetallic mining reclamation.

SB622,321,7 (e) (intro.) A provision imposing annual fees as determined by the department for the administration of sub. (7) s. 295.18 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:

SB622,321,11 (f) A requirement for an expedited review process if the applicant pays an additional fee as determined by the county, city, village or town under subd. 5. par. (e) or if the applicant requires a permit under this section subchapter to perform services under contract with a city, village, town, county or other governmental unit.

SB622,321,12 (k) A provision for penalties consistent with sub. (8) (c) s. 295.19 (3).

SB622, s. 803 Section 803. 144.9407 (3) of the statutes is renumbered 295.13 and amended to read:

SB622,321,21 295.13 Mandatory enactment and administration of ordinance. (1) Requirement to enact and administer ordinance. Within 6 months after the effective date of the rules under sub. (2) (a) s. 295.12 (1), each county shall enact a nonmetallic mining reclamation ordinance, the text of which is in strict conformity with the text of the ordinance established under sub. (2) (a) 3. s. 295.12 (1) (d), except as provided in par. (b) sub. (2). This ordinance may be enacted separately from an ordinance enacted under s. 59.97.

SB622,322,8 (2) Preexisting county ordinances. Any county with a nonmetallic mining reclamation ordinance in effect on the June 1, 1993, may maintain and administer that ordinance if the department reviews the existing ordinance and determines that it is at least as restrictive as the ordinance established under sub. (2) (a) 3. s. 295.12 (1) (d). If the department determines that any part of the existing ordinance is not as restrictive as the ordinance established under sub. (2) (a) 3. s. 295.12 (1) (d), the county may amend the ordinance and submit the amended ordinance to the department for approval. After obtaining the approval of the department under this paragraph subsection, the county may not amend the ordinance to make it more restrictive. After obtaining the approval of the department under this paragraph subsection, the county may not amend the ordinance to make it less restrictive than the ordinance established under sub. (2) (a) 3. s. 295.12 (1) (d).

SB622,322,12 (3) Applicability of county ordinance. The ordinance under par. (a) or (b) sub. (1) or (2) 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) s. 295.14.

SB622, s. 804 Section 804. 144.9407 (4) of the statutes is renumbered 295.14 and amended to read:

SB622,322,21 295.14 Authority to enact and administer ordinance. (1) Authority to enact and administer ordinance. A city, village or town may enact and administer a nonmetallic mining reclamation ordinance, the text of which is in strict conformity with the text of the ordinance under sub. (2) (a) 3. s. 295.12 (1) (d). Except as provided in par. (b) sub. (2), 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. s. 295.12 (1) (d).

SB622,323,9 (2) Preexisting municipal ordinances. A city, village or town with a nonmetallic mining reclamation ordinance in effect on June 1, 1993, may maintain and administer that ordinance if the department reviews the existing ordinance and determines that it is at least as restrictive as the ordinance established under sub. (2) (a) 3. s. 295.12 (1) (d). If the department determines that any part of the existing ordinance is not as restrictive as the ordinance established under sub. (2) (a) 3. s. 295.12 (1) (d), the city, village or town may amend the ordinance and submit the amended ordinance to the department for approval. After obtaining the approval of the department under this paragraph subsection, the city, village or town may not amend the ordinance to make it more restrictive. After obtaining the approval of the department under this paragraph subsection, the city, village or town may not amend the ordinance to make it less restrictive than the ordinance established under sub. (2) (a) 3. s. 295.12 (1) (d).

SB622, s. 805 Section 805. 144.9407 (4m) of the statutes is renumbered 295.15 and amended to read:

SB622,323,17 295.15 Fees. A county or a city, village or town with a nonmetallic mining reclamation ordinance shall collect the fee established under sub. (2) (b) 5. s. 295.12 (3) (e) and shall forward the state's portion of the fee to the department within 90 days after collecting the fee. A county or a city, village or town with a nonmetallic mining reclamation ordinance shall use the revenues from its portion of the fees only for the administration of the nonmetallic mining reclamation ordinance.

SB622, s. 806 Section 806. 144.9407 (5) of the statutes is renumbered 295.16, and 295.16 (1), (2), (3) (a) and (4) (intro.), (f) and (g), as renumbered, are amended to read:

SB622,323,24 295.16 (1) Existing nonmetallic mining. A nonmetallic mining reclamation ordinance and the standards established under sub. (2) (a) 1. s. 295.12 (1) (a) 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.

SB622,324,5 (2) Nonmetallic mining in or near navigable waterways. A nonmetallic mining reclamation ordinance and the standards established under sub. (2) (a) 1. s. 295.12 (1) (a) do 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.

SB622,324,12 (3) (a) The standards established under sub. (2) (a) 1. s. 295.12 (1) (a) and, except as provided in subd. 2. par. (b), a nonmetallic mining reclamation ordinance 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.