Village of Hobart, WI
Brown County
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Table of Contents
Table of Contents
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 Part 2, any authorized officer, agent, employee or representative of the Village of Hobart may inspect any nonmetallic mining site subject to this Part 2 as provided in § 295.17(1), Wis. Stats., and § NR 135.42, Wisconsin Administrative Code.
[NOTE: Under § NR 135.42(1), Wisconsin Administrative Code, persons entering nonmetallic mine sites under this right of inspection shall obtain training and provide their own safety equipment as needed to comply with applicable federal, state and local laws or regulations.]
A. 
Enforcement orders. The Village of Hobart may issue orders as set forth in § 295.19(1)(a), Wis. Stats., to enforce Subchapter I of Chapter 295, Wisconsin Statutes, Chapter NR 135, Wisconsin Administrative Code, this Part 2, a permit issued pursuant to this Part 2 or a reclamation plan required by § 194-27 and a permit issued under this Part 2. A violation of this Part 2, an order or permit issued pursuant to this Part 2 or a reclamation plan required by § 194-27 and a permit issued under this Part 2 shall be considered a violation of Subchapter I of Chapter 295, Wisconsin Statutes, and Chapter NR 135, Wisconsin Administrative Code.
B. 
Special orders. The Village of Hobart 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 § 194-38, 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 Part 2 until the necessary plan approval is obtained.
C. 
Review of orders. An order issued under § 194-46A or B may be reviewed as provided in § NR 135.43(2), Wisconsin Administrative Code.
D. 
Citations. The Village of Hobart may issue a citation under § 66.119, Wis. Stats., and Village of Hobart Code of Ordinances § 14-1 to collect forfeitures or require any action needed to enforce Subchapter I of Chapter 295, Wisconsin Statutes, Chapter NR 135, Wisconsin Administrative Code, this Part 2, a permit issued pursuant to this Part 2 or a reclamation plan required by § 194-27 and a permit issued under this Part 2. 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 Village of Hobart may submit any order issued under this § 194-46 to the District Attorney, the Corporation Counsel, the Municipal Attorney or the Attorney General for enforcement as provided in § 295.19(1)(d), Wis. Stats.
Any violation of Subchapter I of Chapter 295, Wisconsin Statutes, Chapter NR 135, Wisconsin Administrative Code, this Part 2, a permit issued pursuant to this Part 2 or a reclamation plan required by § 194-27 and a permit issued under this Part 2 may result in forfeitures as provided in § 295.19(3), Wis. Stats., and Village of Hobart Code of Ordinances § 14-1.