For the purpose of ascertaining compliance with the provisions of Subchapter I of Chapter 295, Wisconsin Statutes, Chapter NR 135, Wisconsin Administrative Code, or this chapter, any authorized officer, agent, employee or representative of the City of Franklin may inspect any nonmetallic mining site subject to this chapter as provided below:
A. 
No person may refuse entry or access onto a nonmetallic mining site of a duly authorized officer, employee or agent of the City of Franklin 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 Chapter 295, Wisconsin Statutes.
B. 
Any person who enters the site under this right of inspection shall obtain training and provide his or her own safety equipment needed to comply with any federal, state or local laws or regulations controlling persons on the nonmetallic mining site.
A. 
Enforcement orders. The City of Franklin may issue orders as set forth in Section 295.19(1)(a), Wisconsin Statutes, to enforce Subchapter I of Chapter 295, Wisconsin Statutes, Chapter NR 135, Wisconsin Administrative Code, this chapter, a permit issued pursuant to this chapter or a reclamation plan required by § 176-13 and a permit issued under this chapter. A violation of this chapter, an order or permit issued pursuant to this chapter or a reclamation plan required by § 176-13 and a permit issued under this chapter shall be considered a violation of Subchapter I of Chapter 295, Wisconsin Statutes, and Chapter NR 135, Wisconsin Administrative Code.
B. 
Special orders. The City of Franklin may issue a special order as set forth in Section 295.19(1)(b) and (c), Wisconsin Statutes, suspending or revoking a nonmetallic mining reclamation permit pursuant to § 176-24, or directing an operator to immediately cease an activity regulated under Subchapter I of Chapter 295, Wisconsin Statutes, Chapter NR 135, Wisconsin Administrative Code, or this chapter until the necessary plan approval is obtained.
C. 
Review of orders. A person holding a reclamation permit who is subject to an order pursuant to this section shall have the right to review the order in a contested case hearing under Section 68.11, Wisconsin Statutes, notwithstanding the provisions of Sections 68.001, 68.03(8) and (9), 68.06 and 68.10(1)(b), Wisconsin Statutes.
D. 
Citations. The City of Franklin may issue a citation under Section 66.119, Wisconsin Statutes, and general penalty provisions of the Municipal Code and City Ordinance Nos. 97-1456 and 97-1457, as applicable, to collect forfeitures to enforce Subchapter I of Chapter 295, Wisconsin Statutes, Chapter NR 135, Wisconsin Administrative Code, this chapter, a permit issued pursuant to this chapter or a reclamation plan required by § 176-13 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.
E. 
Enforcement. The City of Franklin may submit any order issued under § 176-32 to abate violations of this chapter to a district attorney, corporation counsel, municipal attorney or the attorney general for enforcement. The district attorney, corporation council, municipal attorney or the attorney general may enforce those orders.
Any violation of Subchapter I of Chapter 295, Wisconsin Statutes, Chapter NR 135, Wisconsin Administrative Code, this chapter, a permit issued pursuant to this chapter or a reclamation plan required by § 176-13 and a permit issued under this chapter may result in forfeitures as provided in Section 295.19(3), Wisconsin Statutes, as follows:
A. 
Any person who violates Chapter NR 135, Wisconsin Administrative Code, or an order issued under § 176-32 may be required 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 § 176-32 is suspended, stayed or enjoined, this penalty does not accrue.
B. 
Except for the violations referred to in Subsection A, any person who violates Subchapter I of Chapter 295, Wisconsin Statutes, Chapter NR 135, Wisconsin Administrative Code, any reclamation plan approved pursuant to this chapter or an order issued pursuant to § 176-32 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 § 176-32 is suspended, stayed or enjoined, this penalty does not accrue.