Section 135.49. Municipal noncompliance, consequences.

 

(1)  If, as a result of a noncompliance hearing held pursuant to s. NR 135.48 , the department issues a written decision finding a municipality is out of compliance with this chapter, the municipality's authority to administer its nonmetallic mining reclamation program shall be revoked. In this case, the applicable reclamation ordinance of the county in which the municipality is located shall apply in the municipality.

(2)  A municipality whose authority has been revoked may apply to the department to resume administration of its applicable reclamation ordinance and nonmetallic mining reclamation program after 3 years have elapsed since revocation. The department, after hearing, may approve the municipality's request to resume administering its nonmetallic mining reclamation program if it finds that the municipality demonstrates the capacity to comply with this chapter.

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