Price County, WI Enforcement

§ 514-39 Right of entry and inspection.

For the purpose of ascertaining compliance with the provisions of Subchapter I of Ch. 295, Wis. Stats., Chapter NR 135, Wisconsin Administrative Code, or this chapter, any authorized officer, agent, employee or representative of Price County may inspect any nonmetallic mining site subject to this chapter as provided below:

No person may refuse entry or access onto a nonmetallic mining site of a duly authorized officer, employee or agent of Price County or the Wisconsin Department of Natural Resources who presents appropriate credentials to inspect the site for compliance with the nonmetallic mining reclamation permit, this chapter, Chapter NR 135, Wisconsin Administrative Code, or Subchapter I of Ch. 295, Wis. Stats.

Any person who enters the site under this right of inspection shall obtain training and provide their own safety equipment needed to comply with any federal, state or local laws or regulations controlling persons on the nonmetallic mining site.

§ 514-40 Orders and citations.

Enforcement orders. Price County may issue orders as set forth in § 295.19(1)(a), Wis. Stats., to enforce Subchapter I of Ch. 295, Wis. Stats., Chapter NR 135, Wisconsin Administrative Code, this chapter, a permit issued pursuant to this chapter or a reclamation plan required by § 514-21 and a permit issued under this chapter. A violation of this chapter, an order or a permit issued pursuant to this chapter or a reclamation plan required by § 514-21 and a permit issued under this chapter shall be considered a violation of Subchapter I of Ch. 295, Wis. Stats., and Chapter NR 135, Wisconsin Administrative Code.

Special orders. Price County may issue a special order as set forth in § 295.19(1)(b) and (c), Wis. Stats., suspending or revoking a nonmetallic mining reclamation permit pursuant to § 514-32 or directing an operator to immediately cease an activity regulated under Subchapter I of Ch. 295, Wis. Stats., Chapter NR 135, Wisconsin Administrative Code, or this chapter until the necessary plan approval is obtained.

Review of orders. A person holding a reclamation permit who is subject to an order pursuant this section shall have the right to review the order in a contested case hearing under § 68.11, Wis. Stats., notwithstanding the provisions of §§ 68.001, 68.03(8) and (9), 68.06 and 68.10(1)(b), Wis. Stats.

Citations. Price County may issue a citation under § 66.0113, Wis. Stats., and Chapter 290, Article III, of the County Code to collect forfeitures to enforce Subchapter I of Ch. 295, Wis. Stats., Chapter NR 135, Wisconsin Administrative Code, this chapter, a permit issued pursuant to this chapter or a reclamation plan required by § 514-21 and a permit issued under this chapter. The issuance of a citation under this subsection shall not preclude proceeding under any other ordinance or law relating to the same or any other matter. Proceeding under any other ordinance or law relating to the same or any other matter shall not preclude the issuance of a citation under this subsection.

Enforcement. Price County may submit any order issued under this section to abate violations of this chapter to a district attorney, corporation counsel, municipal attorney or the Attorney General for enforcement. The district attorney, corporation counsel, municipal attorney or Attorney General may enforce those orders.

§ 514-41 Violations and penalties.

Any violation of Subchapter I of Ch. 295, Wis. Stats., Chapter NR 135, Wisconsin Administrative Code, this chapter, a permit issued pursuant to this chapter or a reclamation plan required by § 514-21 and a permit issued under this chapter may result in forfeitures as provided in § 295.19(3), Wis. Stats., as follows:

Any person who violates Chapter NR 135, Wisconsin Administrative Code, or an order issued under § 514-40 may be subject to a forfeiture as provided in Chapter 290 of the County Code for each violation. Each day of continued violation is a separate offense. While an order issued under § 514-40 is suspended, stayed or enjoined, this penalty does not accrue.

Except for the violations referred to in Subsection A, any person who violates Subchapter I of Ch. 295, Wis. Stats., Chapter NR 135, Wisconsin Administrative Code, any reclamation plan approved pursuant to this chapter or an order issued pursuant to § 514-40 shall forfeit an amount as provided in Chapter 290 of the County Code for each violation. Each day of violation is a separate offense. While an order issued under § 514-40 is suspended, stayed or enjoined, this penalty does not accrue.