Town of Barton, WI Article XI Enforcement

§ 357-51 Right of entry and inspection.

For the purpose of ascertaining compliance with the provisions of this chapter, any authorized officer, agent, employee or representative of Washington County or the Town of Barton 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 Washington County or Town of Barton who presents appropriate credentials to inspect the site for compliance with this chapter.

B. 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.

§ 357-52 Unlawful acts.

The following shall be considered violations of this chapter and are therefore subject to any or all of the enforcement provisions under this article:

A. Participating in nonmetallic mining activities after August 1, 2001, without having a permit on file with the county;

B. Failure to submit a satisfactory reclamation plan or financial assurance within the time frames specified under § 357-28A;

C. Participating in nonmetallic mining activities after September 1, 2001, without a reclamation permit issued by the county under § 357-28;

D. Failure to carry out any activity required under an approved reclamation plan or other condition of a permit issued under § 357-28;

E. Failure to maintain compliance with the financial assurance requirements under Article IV;

F. Failure to provide the county the annual reporting information required under § 357-40;

G. Failure to pay the county the annual fee required under § 357-44; or

H. Failure to allow an authorized representative of the county access to the nonmetallic mining site for purposes of compliance inspection under § 357-51.

§ 357-53 Enforcement orders.

The county may issue orders, including an order to immediately cease all activities regulated under this chapter until full compliance with the provisions herein or of this chapter are verified by the county.

§ 357-54 Permit suspension or revocation.

The county may issue a special order suspending or revoking a nonmetallic mining reclamation permit pursuant to § 357-38.

§ 357-55 Review of orders.

A person holding a reclamation permit who is subject to an order pursuant this article 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.

§ 357-56 Citations.

The county may issue a citation in accordance with the provisions provided in § 66.0119, Wis. Stats., and the Washington County Code to collect forfeitures to enforce this chapter. The issuance of a citation under this section 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 section.

§ 357-57 Enforcement.

Enforcement under this chapter is allowed as a result of the intergovernmental agreement entered into between Washington County and the Town of Barton.

§ 357-58 Forfeiture of financial assurance.

The county may use the financial assurance under Article IV to ensure compliance with the reclamation plan and this chapter through private contracts or force account work.

§ 357-59 Violations and penalties.

Any person who violates this chapter or an order issued under this chapter may be required to forfeit not less than $25 nor more than $5,000 for each violation, as provided in § 295.19(3), Wis. Stats. Each day of violation is a separate offense.