SB1-SSA1,15,2510 (b) Except as provided in this paragraph, for all department issued approvals,
11licenses and permits relating to prospecting or mining including solid waste
12feasibility report approvals and permits related to air and water, to be issued after
13April 30, 1980
, the notice, hearing and comment provisions, if any, and the time for
14issuance of decisions, shall be controlled by this section and ss. 293.44, 293.45, and
15293.49. If an applicant fails to make application for an approval, license or permit
16for an activity incidental to prospecting or mining in time for notice under this section
17to be provided, the notice and comment requirements, if any, shall be controlled by
18the specific statutory provisions with respect to that application. If notice under
19those specific statutory notice requirements can be given for consideration of the
20approval, license or permit at the hearing under this section, the application shall
21be considered at that hearing; otherwise, the specific statutory hearing provisions,
22if any, with respect to that application shall control. The substantive requirements
23for the issuance of any approval, permit or license incidental to prospecting or mining
24are not affected by the fact that a hearing on the approval, permit or license is
25conducted as part of a hearing under this section.
SB1-SSA1,28
1Section 28. 293.43 (2) of the statutes is amended to read:
SB1-SSA1,16,42 293.43 (2) Location. The hearing under sub. (1m) shall be held in the county
3where the prospecting or mining site, or the largest portion of the prospecting or
4mining site, is located, but may subsequently be adjourned to other locations.
SB1-SSA1,29 5Section 29. 293.43 (2m) of the statutes is created to read:
SB1-SSA1,16,116 293.43 (2m) Meeting on preliminary environmental impact statement. Before
7issuing a final environmental impact statement for a mining permit or for a
8prospecting permit, if the department determines that an environmental impact
9statement is required under s. 1.11 for the prospecting permit, the department shall
10hold at least one informational meeting regarding its preliminary environmental
11impact statement.
SB1-SSA1,30 12Section 30. 293.43 (3) (a) of the statutes is repealed.
SB1-SSA1,31 13Section 31. 293.43 (3) (b) (intro.) of the statutes is repealed and recreated to
14read:
SB1-SSA1,16,1815 293.43 (3) (b) (intro.) The department shall hold the hearing under sub. (1m)
16after it issues the final environmental impact statement, if an environmental impact
17statement is required. The department shall provide notice of the hearing under sub.
18(1m) by doing all of the following:
SB1-SSA1,32 19Section 32. 293.43 (3) (c) of the statutes is amended to read:
SB1-SSA1,16,2420 293.43 (3) (c) Written comments may be submitted by any governmental
21agency within 80 days of the date of or any individual after the issuance of the
22environmental impact statement under par. (b). Individual persons may submit
23written comments within 120 days of the date of issuance of the statement.
The last
24day for receipt of comments shall be specified by the department in all notices.
SB1-SSA1,33 25Section 33. 293.43 (4) of the statutes is amended to read:
SB1-SSA1,17,7
1293.43 (4) Participation by local governments. Any county, town, village or
2city receiving notice of the filing of an application in the manner provided under sub.
3(3) (a) or (b) shall refer the application and reclamation plan to a committee
4established under s. 293.33 (1) or (2), if any, for review and comment. Such counties,
5towns, villages or cities may participate as a party in the hearing under sub. (1m) on
6the application and may make recommendations on the reclamation plan and future
7use of the project site.
SB1-SSA1,34 8Section 34. 293.43 (5) of the statutes is repealed.
SB1-SSA1,35 9Section 35. 293.44 of the statutes is created to read:
SB1-SSA1,17,17 10293.44 Contested case hearing. (1) Requirement; scope. A contested case
11hearing shall be held on the application for a mining permit or a prospecting permit,
12other than a prospecting permit to which s. 293.42 applies, if a person files a notice
13of intent to participate under sub. (4) within 30 days after the department provides
14notice under sub. (3). The application for any other approval, license, or permit that
15was covered by the informational hearing under s. 293.43 (1m) and any
16environmental impact statement prepared under s. 1.11 shall be considered at the
17contested case hearing.
SB1-SSA1,17,20 18(2) Location. The contested case hearing shall be held in the county where the
19prospecting site or mining site, or the largest portion of the prospecting site or mining
20site, is located.
SB1-SSA1,17,22 21(3) Notice. (a) The department shall provide notice of the contested case
22hearing by doing all of the following:
SB1-SSA1,18,523 1. Mailing a copy of the notice to all known departments and agencies required
24to grant any permit necessary for the proposed operation; to any regional planning
25commission within which the affected area lies; to the governing bodies of all towns,

1villages, cities, and counties within which any part of the proposed prospecting site
2or mining site lies; to the governing bodies of any towns, villages, or cities contiguous
3to any town, village, or city within which any part of the proposed prospecting site
4or mining site lies; and to any interested persons who have requested such
5notification.
SB1-SSA1,18,126 2. Publishing a class 2 notice, under ch. 985, utilizing a display advertising
7format, in the weekly newspaper published in the closest geographic proximity to the
8proposed prospecting site or mining site; in the newspaper having the largest
9circulation in a county within which all or a portion of the proposed site lies; and in
10those newspapers published in counties contiguous to the counties within which all
11or a portion of the proposed site lies that have a substantial circulation in the area
12of, or adjacent to, the proposed site.
SB1-SSA1,18,1813 3. Mailing a copy of the notice to the federal environmental protection agency,
14the U.S. army corps of engineers, and other states potentially affected by the
15proposed discharge if a water discharge permit under ch. 283 is to be considered at
16the hearing under this section and to the federal environmental protection agency
17and appropriate agencies in other states that may be affected if an air pollution
18control permit under ch. 285 is to be considered at the hearing under this section.
SB1-SSA1,18,2319 (b) 1. The department shall provide the notice under this subsection after
20holding the informational hearing under s. 293.43 and no later than the 520th day
21after the day on which the department determines that the application for the
22mining permit or prospecting permit is complete, except as provided in subds. 2. to
234.
SB1-SSA1,18,2524 2. The department may extend the deadline under subd. 1. upon notice to the
25applicant, for a total of not more than 180 days, if any of the following applies:
SB1-SSA1,19,3
1a. The department needs additional time to ensure collaboration with any
2federal regulatory agency with responsibilities related to the mining or prospecting
3operation.
SB1-SSA1,19,64 b. The department needs additional time to evaluate information related to the
5mining or prospecting operation that becomes available after the applicant files the
6application for the mining permit or prospecting permit.
SB1-SSA1,19,87 c. The applicant makes changes to its proposal for the mining or prospecting
8operation.
SB1-SSA1,19,119 3. The applicant may, by providing notice to the department, extend the
10deadline under subd. 1. as often as and for any length of time that the applicant
11determines to be necessary.
SB1-SSA1,19,1612 4. The department and an applicant may negotiate an agreement specifying a
13timeline for processing the application for a mining permit or prospecting permit and
14for other approvals, licenses, or permits issued by the department and that timeline
15may include a deadline for the department to provide notice of the contested case
16hearing that is different from the deadline under subd. 1.
SB1-SSA1,19,21 17(4) Participation. Any person, including a county, city, village, or town that
18receives notice under sub. (3) (a) 1., who wishes to participate as a party shall file a
19written notice with the hearing examiner setting forth the person's interest within
2030 days after the department provides notice under sub. (3), unless good cause is
21shown.
SB1-SSA1,20,2 22(6) Record. Views given under s. 293.43 on the proposed mining or prospecting
23operation and all written comments submitted from any source are not part of the
24record for the contested case under this section, but shall be placed in the file of the

1proceeding and shall be given appropriate probative value by the hearing examiner
2or decisionmaker.
SB1-SSA1,20,4 3(7) Continuation. Hearings conducted under this section may be continued for
4just cause, subject to the deadline under sub. (8).
SB1-SSA1,20,10 5(8) Deadlines. The hearing examiner shall conclude the hearing under this
6section and complete the record of the hearing no later than the 680th day after the
7day on which the department determines that the application for the mining permit
8or prospecting permit is complete, except that if the deadline under sub. (3) (b) 1. is
9extended under sub. (3) (b) 2. to 4., the deadline under this subsection is extended
10by the same number of days.
SB1-SSA1,20,12 11(9) Applicability of other law. Chapter 227 applies to a hearing under this
12section to the extent it is not inconsistent with this section.
SB1-SSA1,36 13Section 36. 293.45 (1) and (2) of the statutes are amended to read:
SB1-SSA1,20,2414 293.45 (1) The department shall issue a prospecting permit under this section
15to an applicant within 60 days following the date of the completion of the hearing
16record if, on the basis of the application, the department's investigation and hearing
17and any written comments,
if it finds that the site is not unsuitable for prospecting
18or, absent a certification under s. 293.35 (1), surface mining, the department has
19approved the prospecting plan and the reclamation plan complies with ss. 293.13 (2)
20and 293.35 (2) and (3) and rules promulgated under ss. 293.13 (2) and 293.35 (2) and
21(3). The department may modify any part of the application or reclamation plan and
22approve it as modified. Except as otherwise provided in this chapter, prospecting
23permits shall be valid for the life of the project, unless canceled under s. 293.83 (1)
24or (3) or 293.85 or revoked under s. 293.87 (2) or (3).
SB1-SSA1,21,21
1(2) The department shall deny a prospecting permit within 60 days following
2the date of the completion of the hearing record
if it finds that the site is unsuitable
3for prospecting or, absent certification under s. 293.35 (1), surface mining, or the
4reclamation plan, including the bond, does not comply with ss. 293.13 (2) and 293.35
5(2) and (3) and rules promulgated under ss. 293.13 (2) and 293.35 (2) and (3) or that
6the applicant is in violation of this chapter or any rules adopted under this chapter.
7If the applicant has previously failed and continues to fail to comply with this
8chapter, or if the applicant has within the previous 20 years forfeited any bond posted
9in accordance with prospecting or mining activities in this state, unless by mutual
10agreement with the state, the department may not issue a prospecting permit. The
11department may not issue a prospecting permit if it finds that any officer, director
12or manager of the applicant has, while employed by the applicant, the applicant's
13parent corporation, any of the applicant's principal shareholders or members, or any
14of the applicant's subsidiaries or affiliates, in which the applicant owns more than
15a 40% interest, within the previous 20 years forfeited any bond posted in accordance
16with prospecting or mining activities in this state unless by mutual agreement with
17the state. In this subsection, "forfeited any bond" means the forfeiture of any
18performance security occasioned by noncompliance with any prospecting or mining
19laws or implementing rules. If an application for a prospecting permit is denied, the
20department, within 30 days from the date of application denial, shall furnish to the
21applicant in writing the reasons for the denial.
SB1-SSA1,37 22Section 37. 293.45 (2m) of the statutes is created to read:
SB1-SSA1,22,523 293.45 (2m) The department shall approve or deny the application for a
24prospecting permit, other than a prospecting permit to which s. 293.42 applies, and
25for any other approval, license, or permit that was covered by the informational

1hearing under s. 293.43 (1m), after any contested case hearing under s. 293.44 and
2no later than the 730th day after the day on which the department determines that
3the application for the prospecting permit is complete, except that if the deadline
4under s. 293.44 (3) (b) 1. is extended under s. 293.44 (3) (b) 2. to 4., the deadline under
5this subsection is extended by the same number of days.
SB1-SSA1,38 6Section 38. 293.49 (1) (a) (intro.) of the statutes is amended to read:
SB1-SSA1,22,97 293.49 (1) (a) (intro.) Except as provided in sub. (2) and s. 293.50 and except
8with respect to property specified in s. 41.41 (11), within 90 days of the completion
9of the public hearing record,
the department shall issue the mining permit if it finds:
SB1-SSA1,39 10Section 39. 293.49 (1) (a) 3. of the statutes is amended to read:
SB1-SSA1,22,1811 293.49 (1) (a) 3. In the case of a surface mine, the site is not unsuitable for
12mining. The preliminary determination that a site was not unsuitable for mining
13under s. 293.45 may not be conclusive in the determination of the site's suitability
14for mining under this section. However, at the hearing held under this section and
15s. 293.43
s. 293.44, testimony and evidence submitted at the any prospecting permit
16proceeding relevant to the issue of suitability of the proposed mining site for surface
17mining may be adopted, subject to the opportunity for cross-examination and
18rebuttal, if not unduly repetitious.
SB1-SSA1,40 19Section 40. 293.49 (2) (intro.) of the statutes is amended to read:
SB1-SSA1,22,2120 293.49 (2) (intro.) Within 90 days of the completion of the public hearing record,
21the
The department shall deny the mining permit if it finds any of the following:
SB1-SSA1,41 22Section 41. 293.49 (4g) of the statutes is created to read:
SB1-SSA1,23,423 293.49 (4g) The department shall approve or deny the application for a mining
24permit, and for any other approval, license, or permit that was covered by the
25informational hearing under s. 293.43 (1m), after any contested case hearing under

1s. 293.44 and no later than the 730th day after the day on which the department
2determines that the application for the mining permit is complete, except that if the
3deadline under s. 293.44 (3) (b) 1. is extended under s. 293.44 (3) (b) 2. to 4., the
4deadline under this subsection is extended by the same number of days.
SB1-SSA1,42 5Section 42. 293.51 (2m) of the statutes is created to read:
SB1-SSA1,23,156 293.51 (2m) Upon notification that an application for a mining permit has been
7approved by the department but prior to commencing mining, the operator shall
8establish an irrevocable trust, in accordance with the proposed agreement under s.
9293.37 (2) (gm), in an amount equal to 20 percent of the amount of the bond or other
10security required under sub. (1) plus 20 percent of the amount of the proof of financial
11responsibility provided under s. 289.41 (3) for the mining waste site or, if the
12applicant provides proof of financial responsibility using the net worth method under
13s. 289.41 (4), of the amount of the proof of financial responsibility that would be
14required to be provided under s. 289.41 (3) for the mining waste site if the applicant
15did not use the net worth method.
SB1-SSA1,43 16Section 43. 293.51 (3) of the statutes is amended to read:
SB1-SSA1,23,2117 293.51 (3) Upon approval of the operator's bond, mining application and
18certificate of insurance and receipt of evidence of the establishment of the trust
19under sub. (2m)
, the department shall issue written authorization to commence
20mining at the permitted mining site in accordance with the approved mining and
21reclamation plans.
SB1-SSA1,44 22Section 44. 293.64 of the statutes is created to read:
SB1-SSA1,24,4 23293.64 Groundwater quality. (1) In the feasibility report under s. 289.24
24for a prospecting or mining waste facility, an applicant shall submit information
25based on predictive modeling to demonstrate whether there is a reasonable certainty

1that the facility will result in a violation of groundwater quality standards beyond
2the design management zone, determined under s. 160.21 (2) (d), within a period
3equal to the period in which the mining waste facility is proposed to operate plus 250
4years after the closure of the mining waste facility.
SB1-SSA1,24,12 5(2) For the purposes of s. NR 182.075 (1s) and (1u), Wis. Adm. Code, the
6horizontal distance to the mandatory intervention boundary for a prospecting or
7mining waste site is 150 feet from the outer waste boundary or a longer distance, up
8to 600 feet, agreed to by the applicant and the department, notwithstanding s. NR
9182.075 (1) (c), Wis. Adm. Code, except that the horizontal distance to the mandatory
10intervention boundary may not exceed 50 percent of the horizontal distance from the
11outer waste boundary to the boundary of the design management zone, determined
12under s. 160.21 (2) (d), for the prospecting or mining waste site.
SB1-SSA1,45 13Section 45. Nonstatutory provisions.
SB1-SSA1,24,1914 (1) Report concerning groundwater standards. The department of natural
15resources shall study whether, in connection with metallic mining, groundwater
16standards under chapter NR 140, Wisconsin Administrative Code, should apply in
17an aquifer containing saline water and shall report its conclusions to the legislature,
18in the manner under section 13.172 (2) of the statutes, no later than the first day of
19the 12th month beginning after the effective date of this subsection.
SB1-SSA1,24,2020 (2) Waste characterization rules.
SB1-SSA1,24,2421 (a) The department of natural resources shall submit in proposed form the
22rules required under section 289.05 (2) of the statutes, as affected by this act, to the
23legislative council staff under section 227.15 (1) of the statutes no later than the first
24day of the 9th month beginning after the effective date of this paragraph.
SB1-SSA1,25,7
1(b) Notwithstanding section 227.135 (2) of the statutes, the department of
2natural resources is not required to present the statement of the scope of the rules
3required under section 289.05 (2) of the statutes, as affected by this act, to the
4governor for approval. Notwithstanding section 227.185 of the statutes, the
5department of natural resources is not required to present the rules required under
6section 289.05 (2) of the statutes, as affected by this act, in final draft form to the
7governor for approval.
SB1-SSA1,25,158 (c) Notwithstanding section 227.137 (2) of the statutes, the department of
9natural resources is not required to prepare an economic impact report for the rules
10required under section 289.05 (2) of the statutes, as affected by this act.
11Notwithstanding sections 227.14 (2g) and 227.19 (3) (e) of the statutes, the
12department of natural resources is not required to submit the proposed rules
13required under section 289.05 (2) of the statutes, as affected by this act, to the small
14business regulatory review board and is not required to prepare a final regulatory
15flexibility analysis for those rules.
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