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AB426-ASA1,17,208 281.65 (2) (a) "Best management practices" means practices, techniques or
9measures, except for dredging, identified in areawide water quality management
10plans, which are determined to be effective means of preventing or reducing
11pollutants generated from nonpoint sources, or from the sediments of inland lakes
12polluted by nonpoint sources, to a level compatible with water quality objectives
13established under this section and which do not have an adverse impact on fish and
14wildlife habitat. The practices, techniques or measures include land acquisition,
15storm sewer rerouting and the removal of structures necessary to install structural
16urban best management practices, facilities for the handling and treatment of
17milkhouse wastewater, repair of fences built using grants under this section and
18measures to prevent or reduce pollutants generated from mine tailings disposal sites
19for which the department has not approved a plan of operation under s. 289.30 or s.
20295.51
.
AB426-ASA1, s. 36 21Section 36. 281.75 (17) (b) of the statutes is amended to read:
AB426-ASA1,17,2422 281.75 (17) (b) This section does not apply to contamination which is
23compensable under subch. II of ch. 107 or s. 293.65 (4) or to contamination arising
24out of mining operations governed by subch. III of ch. 295
.
AB426-ASA1, s. 37 25Section 37. 287.13 (5) (e) of the statutes is amended to read:
AB426-ASA1,18,5
1287.13 (5) (e) Solid waste produced by a commercial business or industry which
2is disposed of or held for disposal in an approved facility, as defined under s. 289.01
3(3), or a mining waste site, as defined in s. 295.41 (31), covered by a mining permit
4under s. 295.58,
owned, or leased by the generator and designed and constructed for
5the purpose of accepting that type of solid waste.
AB426-ASA1, s. 38 6Section 38. 289.35 of the statutes is amended to read:
AB426-ASA1,18,12 7289.35 Shoreland and floodplain zoning. Solid waste facilities are
8prohibited within areas under the jurisdiction of shoreland and floodplain zoning
9regulations adopted under ss. 59.692, 61.351, 62.231 and , 87.30, and 281.31, except
10that the department may issue permits authorizing facilities in such areas. If the
11department issues a permit under this section, the permit shall specify the location,
12height, or size of the solid waste facility authorized under the permit.
AB426-ASA1, s. 39 13Section 39. 289.62 (2) (g) 2. and 6. of the statutes are amended to read:
AB426-ASA1,18,1514 289.62 (2) (g) 2. For nonhazardous tailing solids or for nonacid producing
15taconite tailing solids
, 0.2 cent per ton.
AB426-ASA1,18,1716 6. For nonhazardous waste rock or for nonacid producing taconite waste rock,
170.1 cent per ton.
AB426-ASA1, s. 40 18Section 40. 292.01 (1m) of the statutes is amended to read:
AB426-ASA1,18,2019 292.01 (1m) "Approved mining facility" has the meaning given in s. 289.01 (4)
20and includes a mining waste site as defined in s. 295.41 (31).
AB426-ASA1, s. 41 21Section 41. Chapter 293 (title) of the statutes is amended to read:
AB426-ASA1,18,2222 CHAPTER 293
AB426-ASA1,18,23 23nonferrous METALLIC MINING
AB426-ASA1, s. 42 24Section 42. 293.01 (5) of the statutes is amended to read:
AB426-ASA1,19,7
1293.01 (5) "Mineral exploration" or "exploration", unless the context requires
2otherwise, means the on-site geologic examination from the surface of an area by
3core, rotary, percussion or other drilling, where the diameter of the hole does not
4exceed 18 inches, for the purpose of searching for nonferrous metallic minerals or
5establishing the nature of a known nonferrous metallic mineral deposit, and includes
6associated activities such as clearing and preparing sites or constructing roads for
7drilling.
AB426-ASA1, s. 43 8Section 43. 293.01 (7) of the statutes is amended to read:
AB426-ASA1,19,189 293.01 (7) "Merchantable by-product" means all waste soil, rock, mineral,
10liquid, vegetation and other material directly resulting from or displaced by the
11mining, cleaning or preparation of nonferrous metallic minerals during mining
12operations which are determined by the department to be marketable upon a
13showing of marketability made by the operator, accompanied by a verified statement
14by the operator of his or her intent to sell such material within 3 years from the time
15it results from or is displaced by mining. If after 3 years from the time merchantable
16by-product results from or is displaced by mining such material has not been
17transported off the mining site, it shall be considered and regulated as refuse unless
18removal is continuing at a rate of more than 12,000 cubic yards per year.
AB426-ASA1, s. 44 19Section 44. 293.01 (8) of the statutes is repealed.
AB426-ASA1, s. 45 20Section 45. 293.01 (9) of the statutes is amended to read:
AB426-ASA1,19,2421 293.01 (9) "Mining" or "mining operation" means all or part of the process
22involved in the mining of nonferrous metallic minerals, other than for exploration or
23prospecting, including commercial extraction, agglomeration, beneficiation,
24construction of roads, removal of overburden and the production of refuse.
AB426-ASA1, s. 46 25Section 46. 293.01 (12) of the statutes is amended to read:
AB426-ASA1,20,6
1293.01 (12) "Mining site" means the surface area disturbed by a mining
2operation, including the surface area from which the nonferrous metallic minerals
3or refuse or both have been removed, the surface area covered by refuse, all lands
4disturbed by the construction or improvement of haulageways, and any surface areas
5in which structures, equipment, materials and any other things used in the mining
6operation are situated.
AB426-ASA1, s. 47 7Section 47. 293.01 (12m) of the statutes is created to read:
AB426-ASA1,20,108 293.01 (12m) "Nonferrous metallic mineral" means an ore or other earthen
9material to be excavated from the natural deposits on or in the earth for its metallic
10content but not primarily for its iron oxide content.
AB426-ASA1, s. 48 11Section 48. 293.01 (18) of the statutes is amended to read:
AB426-ASA1,20,2412 293.01 (18) "Prospecting" means engaging in the examination of an area for the
13purpose of determining the quality and quantity of nonferrous metallic minerals,
14other than for exploration but including the obtaining of an ore a nonferrous metallic
15mineral
sample, by such physical means as excavating, trenching, construction of
16shafts, ramps and tunnels and other means, other than for exploration, which the
17department, by rule, identifies, and the production of prospecting refuse and other
18associated activities. "Prospecting" shall not include such activities when the
19activities are, by themselves, intended for and capable of commercial exploitation of
20the underlying nonferrous ore body. However, the fact that prospecting activities and
21construction may have use ultimately in mining, if approved, shall not mean that
22prospecting activities and construction constitute mining within the meaning of sub.
23(9), provided such activities and construction are reasonably related to prospecting
24requirements.
AB426-ASA1, s. 49 25Section 49. 293.01 (25) of the statutes is amended to read:
AB426-ASA1,21,6
1293.01 (25) "Refuse" means all waste soil, rock, mineral, liquid, vegetation and
2other material, except merchantable by-products, directly resulting from or
3displaced by the prospecting or mining and from the cleaning or preparation of
4nonferrous metallic minerals during prospecting or mining operations, and shall
5include all waste materials deposited on or in the prospecting or mining site from
6other sources.
AB426-ASA1, s. 50 7Section 50. 293.21 (1) (a) of the statutes is amended to read:
AB426-ASA1,21,98 293.21 (1) (a) "Driller" means a person who performs core, rotary, percussion
9or other drilling involved in exploration for nonferrous metallic minerals.
AB426-ASA1, s. 51 10Section 51. 293.25 (2) (a) of the statutes is amended to read:
AB426-ASA1,21,1811 293.25 (2) (a) Applicability. Except as provided under par. (b), ss. 293.21 and
12293.81 and rules promulgated under those sections apply to radioactive waste site
13exploration, to activities related to radioactive waste site exploration and to persons
14engaging in or intending to engage in radioactive waste site exploration or related
15activities in the same manner as those sections and rules are applicable to
16nonferrous metallic mineral exploration, to activities related to nonferrous metallic
17mineral exploration and to persons engaging in or intending to engage in nonferrous
18metallic
mineral exploration or related activities.
AB426-ASA1, s. 52 19Section 52. 293.25 (4) of the statutes is amended to read:
AB426-ASA1,22,320 293.25 (4) Regulation of exploration and related provisions. Sections
21293.13, 293.15 (1) to (12), 293.85, 293.87 and 293.89 and rules promulgated under
22those sections apply to radioactive waste site exploration, to activities related to
23radioactive waste site exploration and to persons engaging in or intending to engage
24in radioactive waste site exploration or related activities in the same manner as
25those sections and rules are applicable to nonferrous metallic mineral exploration,

1to activities related to nonferrous metallic mineral exploration and to persons
2engaging in or intending to engage in nonferrous metallic mineral exploration or
3related activities.
AB426-ASA1, s. 53 4Section 53. 293.37 (4) (b) of the statutes is amended to read:
AB426-ASA1,22,155 293.37 (4) (b) If the department finds that the anticipated life and total area
6of a nonferrous metallic mineral deposit are of sufficient magnitude that reclamation
7of the mining site consistent with this chapter requires a comprehensive plan for the
8entire affected area, it shall require an operator to submit with the application for
9a mining permit, amended mining site or change in mining or reclamation plan, a
10comprehensive long-term plan showing, in detail satisfactory to the department, the
11manner, location and time for reclamation of the entire area of contiguous land which
12will be affected by mining and which is owned, leased or under option for purchase
13or lease by the operator at the time of application. Where a nonferrous metallic
14mineral deposit lies on or under the lands of more than one operator, the department
15shall require the operators to submit mutually consistent comprehensive plans.
AB426-ASA1, s. 54 16Section 54. 293.47 (1) (b) of the statutes is amended to read:
AB426-ASA1,22,2117 293.47 (1) (b) "Geologic information" means information concerning
18descriptions of an a nonferrous ore body, descriptions of reserves, tonnages and
19grades of nonferrous ore, descriptions of a drill core or bulk sample including
20analysis, descriptions of drill hole depths, distances and similar information related
21to the nonferrous ore body.
AB426-ASA1, s. 55 22Section 55. 293.50 (1) (b) of the statutes is amended to read:
AB426-ASA1,22,2423 293.50 (1) (b) "Sulfide ore body" means a mineral deposit in which nonferrous
24metals are mixed with sulfide minerals.
AB426-ASA1, s. 56 25Section 56. 293.50 (2) (intro.) of the statutes is amended to read:
AB426-ASA1,23,3
1293.50 (2) (intro.) Beginning on May 7, 1998, the department may not issue a
2permit under s. 293.49 for the purpose of the mining of a sulfide ore body until all of
3the following conditions are satisfied:
AB426-ASA1, s. 57 4Section 57. 293.50 (2) (a) of the statutes is amended to read:
AB426-ASA1,23,105 293.50 (2) (a) The department determines, based on information provided by
6an applicant for a permit under s. 293.49 and verified by the department, that a
7mining operation has operated in a sulfide ore body which, together with the host
8nonferrous rock, has a net acid generating potential in the United States or Canada
9for at least 10 years without the pollution of groundwater or surface water from acid
10drainage at the tailings site or at the mine site or from the release of heavy metals.
AB426-ASA1, s. 58 11Section 58. 293.50 (2) (b) of the statutes is amended to read:
AB426-ASA1,23,1812 293.50 (2) (b) The department determines, based on information provided by
13an applicant for a permit under s. 293.49 and verified by the department, that a
14mining operation that operated in a sulfide ore body which, together with the host
15nonferrous rock, has a net acid generating potential in the United States or Canada
16has been closed for at least 10 years without the pollution of groundwater or surface
17water from acid drainage at the tailings site or at the mine site or from the release
18of heavy metals.
AB426-ASA1, s. 59 19Section 59. 293.51 (1) of the statutes is amended to read:
AB426-ASA1,24,1020 293.51 (1) Upon notification that an application for a prospecting or mining
21permit has been approved by the department but prior to commencing prospecting
22or mining, the operator shall file with the department a bond conditioned on faithful
23performance of all of the requirements of this chapter and all rules adopted by the
24department under this chapter. The bond shall be furnished by a surety company
25licensed to do business in this state. In lieu of a bond, the operator may deposit cash,

1certificates of deposit or government securities with the department. Interest
2received on certificates of deposit and government securities shall be paid to the
3operator. The amount of the bond or other security required shall be equal to the
4estimated cost to the state of fulfilling the reclamation plan, in relation to that
5portion of the site that will be disturbed by the end of the following year. The
6estimated cost of reclamation of each prospecting or mining site shall be determined
7by the department on the basis of relevant factors including, but not limited to,
8expected changes in the price index, topography of the site, methods being employed,
9depth and composition of overburden and depth of nonferrous metallic mineral
10deposit being mined.
AB426-ASA1, s. 60 11Section 60. 293.65 (3) (a) of the statutes is amended to read:
AB426-ASA1,24,1612 293.65 (3) (a) An approval under s. 281.34 is required to withdraw groundwater
13for prospecting or mining or to dewater mines if the capacity and rate of withdrawal
14of all wells involved in the withdrawal of groundwater or the dewatering of mines
15exceeds 100,000 gallons each day. A permit under s. 283.31 is required to discharge
16pollutants resulting from the dewatering of mines.
AB426-ASA1, s. 61 17Section 61. 293.65 (3) (b) of the statutes is amended to read:
AB426-ASA1,24,2418 293.65 (3) (b) The department may not issue an approval under s. 281.34 if the
19withdrawal of groundwater for prospecting or mining purposes or the dewatering of
20mines will result in the unreasonable detriment of public or private water supplies
21or the unreasonable detriment of public rights in the waters of the state. No
22withdrawal of groundwater for prospecting or mining purposes or the dewatering of
23mines may be made to the unreasonable detriment of public or private water supplies
24or the unreasonable detriment of public rights in the waters of the state.
AB426-ASA1, s. 62 25Section 62. 293.86 of the statutes is amended to read:
AB426-ASA1,25,12
1293.86 Visitorial powers of department. Any duly authorized officer,
2employee or representative of the department may enter and inspect any property,
3premises or place on or at which any prospecting or metallic mining operation or
4facility is located or is being constructed or installed at any reasonable time for the
5purpose of ascertaining the state of compliance with this chapter and chs. 281, 285,
6289 to 292, 295 and 299, subchs. I and II of ch. 295, and rules adopted pursuant
7thereto. No person may refuse entry or access to any such authorized representative
8of the department who requests entry for purposes of inspection, and who presents
9appropriate credentials, nor may any person obstruct, hamper or interfere with any
10such inspection. The department shall furnish to the prospector or operator, as
11indicated in the prospecting or mining permit, a written report setting forth all
12observations, relevant information and data which relate to compliance status.
AB426-ASA1, s. 63 13Section 63. Chapter 295 (title) of the statutes is amended to read:
AB426-ASA1,25,1414 Chapter 295
AB426-ASA1,25,1715 NONMETALLIC MINING RECLAMATION;
16 OIL AND GAS;
17 ferrous metallic mining
AB426-ASA1, s. 64 18Section 64. 295.16 (4) (f) of the statutes is amended to read:
AB426-ASA1,25,2019 295.16 (4) (f) Any mining operation, the reclamation of which is required in a
20permit obtained under ch. 293 or subch. III of ch. 295.
AB426-ASA1, s. 65 21Section 65. Subchapter III of chapter 295 [precedes 295.40] of the statutes is
22created to read:
AB426-ASA1,25,2323 Chapter 295
AB426-ASA1,25,2524 Subchapter III
25 ferrous metallic mining
AB426-ASA1,26,1
1295.40 Legislative findings. The legislature finds all of the following:
AB426-ASA1,26,3 2(1) That attracting and aiding new mining enterprises and expanding the
3mining industry in Wisconsin is part of Wisconsin public policy.
AB426-ASA1,26,6 4(2) That mining for nonferrous metallic minerals is different from mining for
5ferrous minerals because in mining for nonferrous metallic minerals, sulfite
6minerals react, when exposed to air and water, to form acid drainage.
AB426-ASA1,26,10 7(3) That if the mineral products and waste materials associated with
8nonferrous metallic sulfide mining operations are not properly managed and
9controlled, they can cause significant damage to the environment, affect human
10health, and degrade the quality of life of the affected community.
AB426-ASA1,26,13 11(4) That the special concerns surrounding nonferrous metallic mining warrant
12more stringent regulatory measures than those warranted for ferrous mining
13operations.
AB426-ASA1,26,16 14(5) That the provisions in ch. 293, 2009 stats., are a deterrent to ferrous mining
15in this state and are not necessary to ensure that ferrous mining will be conducted
16in an environmentally sound manner.
AB426-ASA1,26,20 17(6) That simplifying and shortening the permitting process for ferrous metallic
18mineral mining when compared to nonferrous metallic mineral mining, as
19Minnesota and Michigan have done, will encourage ferrous metallic mineral mining
20in Wisconsin and create jobs and generate resources for the state.
AB426-ASA1,27,2 21(7) That because of the fixed location of ferrous mineral deposits in the state,
22it is probable that mining those deposits will result in adverse impacts to areas of
23special natural resource interest and to wetlands, including wetlands located within
24areas of special natural resource interest and that, therefore, the use of wetlands for
25bulk sampling and mining activities, including the disposal or storage of mining

1wastes or materials, or the use of other lands for mining activities that would have
2a significant adverse impact on wetlands, is presumed to be necessary.
AB426-ASA1,27,3 3295.41 Definitions. In this subchapter:
AB426-ASA1,27,6 4(1) "Air pollution" means the presence in the atmosphere of one or more air
5contaminants in such quantities and of such duration as is injurious to human health
6or welfare, animal or plant life, or property.
AB426-ASA1,27,8 7(2) "Applicant" means a person who applies for, or is preparing to apply for, an
8exploration license or a mining permit or who files a bulk sampling plan.
AB426-ASA1,27,13 9(3) "Approval" means any permit, license, certification, contract, or other
10authorization that the department issues, or any other action by the department,
11that is required for exploration, to engage in bulk sampling at a bulk sampling site,
12or to construct or operate a mining site, including any action required for any of the
13following:
AB426-ASA1,27,1614 (a) The withdrawal of land entered as county forest land under s. 28.11 and any
15modification of, or amendment to, a county forest land use plan necessitated by the
16withdrawal of the land.
AB426-ASA1,27,1717 (b) The withdrawal of land entered as forest cropland under s. 77.10.
AB426-ASA1,27,2018 (c) The withdrawal of land designated as managed forest land under subch. VI
19of ch. 77 and any modification of, or amendment to, a managed forest land
20management plan necessitated by the withdrawal of the land.
AB426-ASA1,27,23 21(4) "Background water quality" means the concentration of a substance in
22groundwater as determined by monitoring at locations that will not be affected by
23a mining site.
AB426-ASA1,28,3
1(5) "Baseline water quality" means the concentration of a substance in
2groundwater or surface water as determined by monitoring before mining operations
3begin.
AB426-ASA1,28,5 4(6) "Borrow materials" means soil or rock used in construction or reclamation
5activities.
AB426-ASA1,28,10 6(7) "Bulk sampling" means excavating in a potential mining site by removing
7less than 10,000 tons of material for the purposes of obtaining site-specific data to
8assess the quality and quantity of the ferrous mineral deposits and of collecting data
9from and analyzing the excavated materials in order to prepare the application for
10a mining permit or for any other approval.
AB426-ASA1,28,12 11(8) "Closing" means the time at which a mining waste site ceases to accept
12mining wastes.
AB426-ASA1,28,14 13(9) "Closure" means the actions taken by an operator to prepare a mining waste
14site for long-term care and to make it suitable for other uses.
AB426-ASA1,28,16 15(10) "Construct" means to engage in a program of on-site construction,
16including site clearing, grading, dredging, or filling of land.
AB426-ASA1,28,17 17(11) "Department" means the department of natural resources.
AB426-ASA1,28,19 18(12) "Disposal" means the discharge, deposit, injection, dumping, or placing of
19a substance into or on any land or water.
AB426-ASA1,28,22 20(14) "Environmental impact report" means a document submitted by a person
21seeking a mining permit that discloses environmental impacts of the proposed
22mining.
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