1997 WISCONSIN ACT 171
An Act to amend 293.49 (1) (a) (intro.); and to create 293.50 of the statutes; relating to: issuance of metallic mining permits for the mining of sulfide ore bodies.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
171,1
Section 1
. 293.49 (1) (a) (intro.) of the statutes is amended to read:
293.49 (1) (a) (intro.) Except as provided in sub. (2) and s. 293.50 and except with respect to property specified in s. 41.41 (11), within 90 days of the completion of the public hearing record, the department shall issue the mining permit if it finds:
171,2
Section 2
. 293.50 of the statutes is created to read:
293.50 Moratorium on issuance of permits for mining of sulfide ore bodies. (1) In this section:
(a) “Pollution" means degradation that results in any violation of any environmental law as determined by an administrative proceeding, civil action, criminal action or other legal proceeding. For the purpose of this paragraph, issuance of an order or acceptance of an agreement requiring corrective action or a stipulated fine, forfeiture or other penalty is considered a determination of a violation, regardless of whether there is a finding or admission of liability.
(b) “Sulfide ore body" means a mineral deposit in which metals are mixed with sulfide minerals.
(2) Beginning on the effective date of this subsection .... [revisor inserts date], the department may not issue a permit under s. 293.49 for the mining of a sulfide ore body until all of the following conditions are satisfied:
(a) The department determines, based on information provided by an applicant for a permit under s. 293.49 and verified by the department, that a mining operation has operated in a sulfide ore body which, together with the host rock, has a net acid generating potential in the United States or Canada for at least 10 years without the pollution of groundwater or surface water from acid drainage at the tailings site or at the mine site or from the release of heavy metals.
(b) The department determines, based on information provided by an applicant for a permit under s. 293.49 and verified by the department, that a mining operation that operated in a sulfide ore body which, together with the host rock, has a net acid generating potential in the United States or Canada has been closed for at least 10 years without the pollution of groundwater or surface water from acid drainage at the tailings site or at the mine site or from the release of heavy metals.
(2m) (a) The department may not base its determination under sub. (2) (a) or (b) on any mining operation that has been listed on the national priorities list under 42 USC 9605 (a) (8) (B) or any mining operation for which the operator is no longer in business and has no successor that may be liable for any contamination from the mining operation and for which there are no other persons that may be liable for any contamination from the mining operation.
(b) The department may not base its determination under sub. (2) (a) or (b) on a mining operation unless the department determines, based on relevant data from groundwater or surface water monitoring, that the mining operation has not caused significant environmental pollution, as defined in s. 293.01 (4), from acid drainage at the tailings site or at the mine site or from the release of heavy metals.
(3) This section applies without regard to the date of submission of the permit application.
