Section 135.43. Enforcement, orders, penalties.

 

(1)   Local orders and enforcement. The regulatory authority that administers a nonmetallic mining reclamation ordinance, or an agent designated by that governing body, may do any of the following:

(a) Issue an order, requiring an operator to either comply with provisions of or cease violations of ch. 295 , subch. I, Stats. , this chapter, an applicable reclamation ordinance, a nonmetallic mining reclamation permit, permit conditions or an approved mining reclamation plan.

(b) Issue a special order suspending or revoking a nonmetallic mining reclamation permit under s. NR 135.25 , or directing an operator to immediately cease an activity regulated under this chapter or under an applicable reclamation ordinance until the necessary plan approval is obtained.

(c) Submit an order to abate violations of the nonmetallic mining reclamation ordinance to a district attorney, corporation counsel, municipal attorney or the attorney general for enforcement. The district attorney, corporation counsel, municipal attorney or the attorney general may enforce those orders.

(2)   Right of review. A person holding a reclamation permit who is subject to an order pursuant to sub. (1) shall have the right to review the order in a contested case hearing under s. 68.11 , Stats., notwithstanding the provisions of ss. 68.001 , 68.03 (8) and (9) , 68.06 and 68.10 (1) (b) , Stats.

(3)   Department orders.

(a) If the department is the regulatory authority, it may issue an order as provided in sub. (1) .

(b) In addition to orders issued under sub. (1) , the department may issue a special order directing the immediate cessation of an activity regulated under this section until the nonmetallic mining site complies with the nonmetallic mining reclamation standards established under subch. II .

(c) A person holding a reclamation permit who is subject to an order issued under this subsection shall have the right to review the order in a contested case under s. 227.42 , Stats.

(4)   Penalties.

(a) Any person who violates this chapter or an order issued under sub. (1) or (3) may be required by the regulatory authority 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 section is suspended, stayed or enjoined, this penalty does not accrue. The cost of enforcement incurred by the regulatory authority shall be considered in establishing these forfeitures.

(b) Except for the violations referred to in par. (a) , any person who violates ch. 295 , subch. I, Stats. , this chapter, any reclamation plan approved pursuant to this chapter or an order issued under sub. (1) or (3) shall forfeit not less than $10 nor more than $5,000 for each violation. Each day of violation is a separate offense. While an order issued under this section is suspended, stayed or enjoined, this penalty does not accrue.

History: Cr. Register, September, 2000, No. 537 , eff. 12-1-00.