Section 135.32. Regulatory authorities for administration of a nonmetallic mining reclamation program.

 

(1)   Counties required to administer nonmetallic mining reclamation programs. Each county shall enact and administer a nonmetallic reclamation ordinance that complies with this chapter, except as provided in subs. (2) , (3) and (4) . Counties shall administer them in conformance with this chapter. Within 6 months of the effective date of revisions to this chapter, counties shall amend their ordinances to ensure compliance with this chapter.

(2)   Municipalities permitted to administer a nonmetallic mining reclamation program. A municipality may administer and enforce a nonmetallic mining reclamation program pursuant to this subchapter if it has adopted and administers a reclamation ordinance that complies with this chapter. Municipalities shall administer these ordinances in conformance with this chapter. Nonmetallic mining subject to municipal administration and enforcement is not subject to county or department administration and enforcement pursuant to this subchapter. Within 6 months of the effective date of revisions to this chapter, municipalities that continue to administer nonmetallic mining reclamation programs shall amend their ordinances to ensure compliance with this chapter.

(3)   Department to administer a nonmetallic mining reclamation program under certain conditions. The department shall administer and enforce a nonmetallic mining reclamation program pursuant to this subchapter only under either of the following conditions:

(a) The county in which a nonmetallic mining site is located has not enacted an applicable reclamation ordinance, and no applicable reclamation ordinance has been adopted by the municipality in which the site is located.

(b) The department finds, after a hearing pursuant to subch. V , that a county or municipality's nonmetallic mining reclamation program does not comply with this chapter, except as follows:

1. If the department finds a municipality's program does not comply with this chapter, the county in which the site is located shall administer and enforce a nonmetallic mining reclamation program if it enacts an applicable reclamation ordinance.

2. If the department finds a county's program does not comply with this chapter, any municipality that has enacted an applicable reclamation ordinance by the time of this finding may continue to administer and enforce its nonmetallic mining reclamation program.

(4)  If all cities, villages and towns that contain nonmetallic mines in a county with a population of 700,000 or more administer and enforce a nonmetallic mining reclamation program pursuant to this chapter by the first day of the fourth month following December 1, 2000, that county may elect not to adopt an applicable nonmetallic mining reclamation ordinance and not to administer and enforce a nonmetallic mining reclamation program.

History: Cr. Register, September, 2000, No. 537 , eff. 12-1-00; CR 06-024 : am. (1) and (2) Register November 2006 No. 611 , eff. 12-1-06.