Wisconsin Legislature: Chapter SPS 308

Ch. SPS 308 NoteNote: Chapter Ind 3 as it existed on June 30, 1983 was renumbered as ch. ILHR 8 and revised, effective July 1, 1983; chapter ILHR 8 as it existed on September 30, 1994, was repealed and a new chapter ILHR 8 was created effective October 1, 1994. Chapter ILHR 8 was renumbered chapter Comm 8 under s. 13.93 (2m) (b) 1. and corrections made under s. 13.93 (2m) (b) 6. and 7., Stats., Register, August, 1997, No. 500. Chapter Comm 8 as it existed May 31, 2001 was repealed and a new chapter Comm 8 was created, Register, May, 2001, No. 545, effective June 1, 2001. Chapter Comm 8 was renumbered chapter SPS 308 under s. 13.92 (4) (b) 1., Stats., Register December 2011 No. 672.

subch. I of ch. SPS 308Subchapter I — Administration and Enforcement

SPS 308.01SPS 308.01 Purpose. Pursuant to s. 101.15 (2) (e), Stats., the purpose of this chapter is to establish rules to effect the safety of mines, quarries and related activities.

SPS 308.01 HistoryHistory: Cr. Register, May, 2001, No. 545, eff. 6-1-01.

SPS 308.02SPS 308.02 Scope.

SPS 308.02(1)(1) Covered. This chapter covers openings or excavations in the earth for the purpose of extracting minerals or other materials and the equipment related to processing or manufacturing of ores, aggregates, cements, lime, clay and silica sands in a mine, pit or quarry.

SPS 308.02 NoteNote: The department of natural of resources has administrative rules concerning metallic mineral exploration, metallic mineral prospecting, mineral mining and mine reclamation.

SPS 308.02(2)(2) Not covered. This chapter does not cover openings or excavations in the earth created by a person for domestic or farm use at his or her residence or farm.

SPS 308.02 HistoryHistory: Cr. Register, May, 2001, No. 545, eff. 6-1-01.

SPS 308.03SPS 308.03 Application. This chapter applies to both new and existing mines, pits and quarries, unless specifically stated otherwise.

SPS 308.03 HistoryHistory: Cr. Register, May, 2001, No. 545, eff. 6-1-01.

SPS 308.04SPS 308.04 Definitions. In this chapter:

SPS 308.04(1)(1) “Department” means the department of safety and professional services.

SPS 308.04(2)(2) “Excavation” or “workings” has the meaning given in s. 101.15 (2) (a) 1., Stats.

SPS 308.04 NoteNote: Section 101.15 (2) (a) 1., Stats., defines “excavation” or “workings” as any or all parts of a mine excavated or being excavated, including shafts, tunnels, drifts, cross cuts, raises, winzes, stopes and all other working places in a mine.

SPS 308.04(3)(3) “Mine” means a surface or underground opening or excavation in the earth for the purpose of extracting minerals or other materials.

SPS 308.04(4)(4) “Mineral” has the meaning given in s. 101.15 (2) (a) 2., Stats.

SPS 308.04 NoteNote: Section 101.15 (2) (a) 2., Stats., defines “mineral” as a product recognized by standard authorities as mineral, whether metalliferous or nonmetalliferous.

SPS 308.04(5)(5) “Operator” means the person or firm that operates or is responsible for an excavation in the earth for the purpose of extracting minerals or other materials.

SPS 308.04(6)(6) “Pit” means a surface opening or excavation in the earth for the purpose of extracting minerals or other materials.

SPS 308.04(7)(7) “Quarry” means a surface opening or excavation in the earth for the purpose of extracting nonmetallic minerals or other nonmetallic materials.

SPS 308.04(8)(8) “Shaft” has the meaning given in s. 101.15 (2) (a) 3., Stats.

SPS 308.04 NoteNote: Section 101.15 (2) (a) 3., Stats., defines “shaft” as an opening made for mining minerals, for hoisting and lowering persons or material, or for ventilating underground workings.

SPS 308.04 HistoryHistory: Cr. Register, May, 2001, No. 545, eff. 6-1-01; correction in (1) made under s. 13.92 (4) (b) 6., Stats., Register December 2011 No. 672.

SPS 308.05SPS 308.05 Petition for variance. The department shall consider and may grant a variance to a provision of this chapter in accordance with ch. SPS 303. The petition for variance shall include, where applicable, a position statement from the fire department having jurisdiction.

SPS 308.05 NoteNote: Chapter SPS 303 requires the submittal of a petition for variance form and a fee, and that an equivalency is established in the petition for variance that meets the intent of the rule being petitioned. Chapter SPS 303 also requires the department to process regular petitions within 30 business days and priority petitions within 10 business days.

SPS 308.05 NoteNote: The petition for variance form is available from the department’s Division of Industry Services at P.O. Box 7162, Madison, WI 53707-7162; by email at dsps@wisconsin.gov; by telephone at (608) 266-2112, (877) 617-1565, or 411 (Telecommunications Relay); or at the division’s website at http://dsps.wi.gov/programs/industry-services.

SPS 308.05 HistoryHistory: Cr. Register, May, 2001, No. 545, eff. 6-1-01; correction made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.

SPS 308.06SPS 308.06 Penalties. The department may impose penalties and obtain additional remedies for violations of this chapter, as provided in ss. 101.02 (12) and (13) (a) and 101.15 (2) (f) 2., Stats.

SPS 308.06 NoteNote: Section 101.02 (12), Stats., indicates that every day during which any person, persons, corporation or any officer, agent or employee thereof, fails to observe and comply with an order of the department will constitute a separate and distinct violation of such order.

SPS 308.06 NoteNote: Section 101.02 (13) (a), Stats., indicates that if any employer, employee, owner, or other person violates ss. 101.01 to 101.599, Stats., or fails or refuses to perform any duty lawfully enjoined, within the time prescribed by the department, for which no penalty has been specifically provided, or fails, neglects or refuses to obey any lawful order given or made by the department, or any judgment or decree made by any court in connection with ss. 101.01 to 101.599, Stats., for each such violation, failure or refusal, such employer, employee, owner or other person shall forfeit and pay into the state treasury a sum not less than $10 or more than $100 for each such offense.

SPS 308.06 NoteNote: Section 101.15 (2) (f) 2., Stats., indicates that the department may apply to a court of record for the closing of any underground mine, quarry, pit, zinc works or other excavation where the same is being operated in violation of any of its rules or orders, and the owners or operators have failed within a reasonable time to correct any unsafe methods of operation. The failure of any owner or operator to comply with the order or judgment of the court shall subject such party or parties to criminal contempt proceedings.

SPS 308.06 HistoryHistory: Cr. Register, May, 2001, No. 545, eff. 6-1-01.

SPS 308.07SPS 308.07 Appeals.

SPS 308.07(1)(1) Appeal of department order. Pursuant to s. 101.02 (6) (e), Stats., any employer or other person who owns or occupies a property that is affected by an order of the department may petition the department for a hearing on the reasonableness of the order.

SPS 308.07 NoteNote: Section 101.01 (4), Stats., defines “employer” as any person, firm, corporation, state, county, town, city, village, school district, sewer district, drainage district and other public or quasi-public corporations as well as any agent, manager, representative or other person having control or custody of any employment, place of employment or of any employee.

SPS 308.07(2)(2) Appeal of local order. Pursuant to s. 101.02 (7) (b), Stats., any person affected by a local order that is in conflict with an order of the department may petition the department for a hearing on the local order.