Section 135.50. County 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 county is out of compliance with this chapter, the department shall, as soon as practicable after the hearing, assume responsibility for the administration of the nonmetallic mining reclamation ordinance and program in that county, including collection of fees and review and approval of reclamation plans and permit applications.

(2)  Municipalities that are approved to administer an applicable reclamation ordinance and program may continue to do so after the department begins to administer a nonmetallic mining program pursuant to this section. However, no municipality may enact for the first time an applicable reclamation ordinance during the time that the department administers the program in the county in which the municipality is located.

(3)  The county found to be in noncompliance may apply to the department, at any time to resume administration of the nonmetallic mining reclamation program. The department, after hearing, may approve the county's request to resume administering its nonmetallic mining reclamation program if it finds that the county demonstrates the capacity to comply with this chapter.

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