For the purpose of ascertaining compliance with the provisions of this chapter, any authorized officer, agent, employee or representative of Grant County may inspect any nonmetallic mining site subject to this chapter as provided in § 295.17(1), Wis. Stats., and § NR 135.42, Wis. Adm. Code. The Grant County Zoning Administrator is charged with the duty of administering this chapter and making the determinations (except appeals) under this chapter. The Grant County Zoning Administrator is authorized to obtain recommendations from any firm or corporation with whom Grant County has contracted to obtain recommendations in administering this chapter and making decisions. Personnel at any corporation with whom the County of Grant has contracted to obtain recommendations in administering this chapter are hereby also authorized to assist the Zoning Administrator in inspecting any nonmetallic mining site subject to this chapter and can enter upon mining sites subject to this chapter to make an inspection.
A. 
Enforcement orders. The Grant County Zoning Administrator may issue orders as set forth in § 295.19, Wis. Stats., and § NR 135.43, Wis. Adm. Code. A violation of any of the provisions of this chapter, a violation of any provisions of an order or permit issued pursuant to this chapter, or if the operator fails to reclaim a site in accordance with a reclamation plan shall be considered a violation of this chapter.
B. 
Special orders. The Grant County Zoning Administrator may issue a special order as set forth in § 295.19, Wis. Stats. This special order can suspend or revoke a nonmetallic mining reclamation permit pursuant to § 180-24 or direct an operator to immediately cease an activity regulated under Ch. 295 Wis. Stats., until the necessary plan approval is obtained. If the Grant County Zoning Administrator finds upon inspection that a site has not been properly reclaimed in accordance with a reclamation plan and the operator has ceased mining operations or if the permit under this chapter is revoked and any appeals filed have been completed and have affirmed the revocation of the permit, the financial assurance filed by the operator shall be forfeited to Grant County.
C. 
Review of orders. An order issued under Subsection A or B, may be reviewed as provided in § NR 135.43(2), Wis. Adm. Code.
D. 
Citations. The Grant County Zoning Administrator may issue a citation under § 66.0113, Wis. Stats., to any violator who violates any provisions of this chapter, the provisions or conditions of a permit issued pursuant to this chapter, the provisions of a reclamation plan, or an order issued pursuant to this chapter. The citation shall set forth the information required by § 66.0113, Wis. Stats. The issuance of a citation under this subsection shall not preclude the filing of a lawsuit against the violator for violation of another ordinance or law. A circuit court judge hearing a citation action or lawsuit pursuant to this chapter is authorized to require the violator to pay a forfeiture, court costs, statutory assessments, and attorney fees as set forth in this chapter and to require the violator to correct the violation.
E. 
Enforcement. The Grant County Corporation Counsel is hereby authorized to prosecute any citation action filed for violation of this chapter. The Grant County Corporation Counsel is hereby also authorized to file any lawsuit to prosecute any violations of this chapter.
A. 
A violator who violates the provisions of this chapter or an order issued hereunder shall forfeit not less than $25 nor more than $1,000 for each violation. Each day of continued violation is a separate offense. Any person who violates any reclamation plan approved pursuant to Ch. NR 135, Wis. Adm. Code, shall forfeit not less than $10 nor more than $5,000 for each violation. Each day of continued violation is a separate offense.
B. 
The cash deposit for a violation of this chapter or an order issued hereunder by the Zoning Administrator shall be a forfeiture of $1,000 plus statutory court costs, penalty assessments, jail surcharge assessments, crime lab drug assessments, court support fees, and justice information fees pursuant to the current schedule of court fees issued by the State of Wisconsin. The cash deposit for a violation of a reclamation plan is a forfeiture of $5,000 plus the above statutory court costs, assessments, and fees. Cash deposits, forfeitures, costs, assessments, and fees shall be paid to the Grant County Clerk of Circuit Court in Lancaster, Wisconsin. The Clerk of Circuit Court shall issue receipts for cash deposits, forfeitures, costs, assessments, and fees.
The operator of a nonmetallic mining site shall notify the Grant County Zoning Administrator, by certified mail, of the commencement of voluntary or involuntary proceedings under the United States Bankruptcy Code[1] naming the operator as debtor within 10 days of commencement of the proceedings.
[1]
Editor's Note: See 11 U.S.C. § 101 et seq.