SB1-SSA2,106,3
113. Any other person to whom the department is required to give notice of any
2proposed determination, application, or hearing concerning an approval under the
3laws relating to the issuance of any approval or under s. 1.11.
SB1-SSA2,106,94 (c) The department shall coordinate the public comment period for the mining
5permit with the public comment period for any other approval for the mining
6operation, except that if an application for an approval is filed too late to allow public
7comment within the public comment period for the mining permit, the department
8shall issue separate notice, as described in par. (b), for the approval after the
9application is filed.
SB1-SSA2,107,2 10(5) Informational hearing. The department shall hold a public informational
11hearing before it approves or denies an application for a mining permit and not less
12than 30 days after the date of the publication of the notice under sub. (4) (b). The
13department shall hold the public informational hearing in the county where the
14majority of the proposed mining site is located. The department shall hold a single
15public informational hearing covering the mining permit, all other approvals, and
16the environmental impact statement, except that if an application for an approval
17is filed too late to allow the application to be considered at the public informational
18hearing for the mining permit, the department shall hold a separate public
19informational hearing on the approval in the county where the majority of the
20proposed mining site is located not less than 30 days after the date of the publication
21of the notice under sub. (4) (b) for the approval. The department shall publish the
22notice on its Internet site not more than 10 days after the application is considered
23to be complete under sub. (8) (b) 1. The public informational hearing under this
24subsection is not a contested case hearing under ch. 227. At the hearing, the

1department shall take testimony on all of the following with regard to any proposed
2withdrawal of groundwater or surface water:
SB1-SSA2,107,43 (a) The public rights in any body of water and the related environment that may
4be injured by the proposed withdrawal of groundwater or surface water.
SB1-SSA2,107,65 (b) The public benefits provided by increased employment, economic activity,
6and tax revenues from the proposed mining operation.
SB1-SSA2,107,87 (c) The direct and indirect social and economic costs and benefits of the
8proposed mining operation.
SB1-SSA2,107,109 (d) Whether the proposed withdrawal of groundwater or surface water will
10consume nonsurplus water.
SB1-SSA2,107,1111 (e) The rights of competing users of the groundwater or surface water.
SB1-SSA2,107,1312 (f) Any other water withdrawal issues identified by the department as relevant
13to the decision of whether to issue or deny a permit.
SB1-SSA2,107,17 14(6) Summary. After considering the comments received under subs. (4) and (5)
15and before acting on the application for the mining permit, the department shall
16prepare a summary of the comments and the department's response to the
17comments.
SB1-SSA2,108,2 18(7) Deadline for acting on mining permit application. (a) No later than the
19deadline specified by the applicant under s. 295.47 (1) (am) or, if the applicant does
20not specify a deadline under s. 295.47 (1) (am), no more than 420 days after the day
21on which the application for a mining permit is administratively complete under sub.
22(2), the department shall approve the application, and issue a mining permit, or deny
23the application, in accordance with s. 295.58, unless the department and the
24applicant agree to extend the deadline. The department and the applicant may agree
25to not more than one extension and that extension may not exceed 60 days. The

1department and the applicant may enter into an extension only if one of the following
2applies:
SB1-SSA2,108,43 1. An extension is necessary to enable the department and the U.S. Army Corps
4of Engineers to jointly prepare their environmental impact statements.
SB1-SSA2,108,65 2. New information or a change to the mining proposal necessitates additional
6time to review the application.
SB1-SSA2,108,97 (b) If the department does not comply with the deadline under par. (a),
8including any extension agreed to by the applicant, the department shall refund the
9fees under s. 295.73 (3) (a), (d), and (e) that were paid by the applicant.
SB1-SSA2,108,1610 (c) If the department does not comply with the deadline under par. (a),
11including any extension agreed to by the applicant, the applicant may bring an action
12for mandamus in the circuit court for the county in which the majority of the proposed
13mining site is located to compel the department to approve or deny the application.
14Notwithstanding s. 814.04 (1), in an action under this paragraph the court shall
15award the applicant its costs, including reasonable attorney fees, if it determines
16that the department did not comply with the deadline under par. (a).
SB1-SSA2,108,24 17(8) Deadline for acting on other approvals. (a) Except as provided in par.
18(c), if an applicant files an application for an approval other than a mining permit
19no later than 60 days after the day on which the application for the mining permit
20is administratively complete under sub. (2) or more than 60 days after that day but
21in time to allow the application to be considered at the public informational hearing
22for the mining permit under sub. (5), the department shall approve the application,
23and issue the approval, or deny the application no later than the deadline under sub.
24(7) (a), including any extension agreed to by the applicant.
SB1-SSA2,109,12
1(b) 1. If an applicant files an application for an approval other than a mining
2permit too late to allow the application to be considered at the public informational
3hearing for the mining permit under sub. (5) but before the department issues the
4decision to grant or deny the application for the mining permit, the application for
5the approval is considered to be complete on the 30th day after the department
6receives the application, unless, before that day, the department provides the
7applicant with written notification that the application is not complete, stating the
8reason for the determination and describing the specific information necessary to
9make the application complete. If the department provides such a notice, the
10applicant shall supplement the application by providing the specified information.
11The application is considered to be complete when the applicant provides the
12information.
SB1-SSA2,109,1713 2. Except as provided in subd. 3., the department shall approve the application
14for an approval described in subd. 1., and issue the approval, or deny the application
15after the separate public informational hearing for the approval required under sub.
16(5) and no later than 75 days after the application for the approval is considered to
17be complete under subd. 1.
SB1-SSA2,109,2318 3. Except as provided in par. (c), the department shall approve or deny the
19application for an approval described in subd. 1. that is an individual permit for
20which federal law requires the opportunity for public comment or the ability to
21request a public hearing prior to issuance of the approval after the separate public
22informational hearing required for the approval under sub. (5) and no later than 180
23days after the application is considered to be complete under subd. 1.
SB1-SSA2,110,3
1(c) The deadlines in pars. (a) and (b) do not apply to the application for an air
2pollution control permit under s. 285.62 for which the department receives an
3objection from the federal environmental protection agency under s. 285.62 (6).
SB1-SSA2,110,74 (d) The department shall incorporate an approval other than a mining permit
5into a single document with the mining permit, unless the application for the
6approval was filed more than 60 days after the day on which the application for the
7mining permit is administratively complete under sub. (2).
SB1-SSA2,110,13 8(8m) Submission of technical review to Great Lakes regional body. If an
9applicant files an application under s. 281.346 for an approval for a withdrawal of
10surface water or groundwater that is subject to regional review or council approval,
11the department shall provide its technical review, as defined in s. 281.346 (1) (u), to
12the regional body, as defined in s. 281.346 (1) (q), no later than 90 days after the
13applicant files the application for the approval.
SB1-SSA2,110,24 14(9) Applicable procedure. (a) The provisions of this section and ss. 295.58 (5)
15and (6) and 295.77 concerning public notice, comment, and hearing; issuance of
16department decisions; effective date of department decisions; and review of
17department decisions; and the duration of approvals apply to any approval for which
18the application is filed before the department issues the decision to grant or deny the
19application for the mining permit, notwithstanding any provisions related to those
20matters in s. 44.40 or 169.25, subch. I or VI of ch. 77, ch. 23, 29, 30, 31, 169, 281, 283,
21285, 289, or 291, or rules promulgated under those provisions, except as provided in
22s. 281.343 (7r) and except that if a withdrawal of surface water or groundwater is
23subject to regional review or council approval under s. 281.346, the applicable
24provisions related to regional review or council approval apply.
SB1-SSA2,111,6
1(b) The provisions of ss. 295.58 (5) and (6) and 295.77 concerning review of
2department decisions and the duration of department decisions apply to any
3approval for which the application is filed after the department issues the mining
4permit, notwithstanding any provisions related to those matters in s. 44.40 or
5169.25, subch. I or VI of ch. 77, ch. 23, 29, 30, 31, 169, 281, 283, 285, 289, or 291, or
6rules promulgated under those provisions, except as provided in s. 281.343 (7r).
SB1-SSA2,111,10 7295.58 Mining; department grant or denial of permit. (1) Criteria for
8approval.
(a) Except as provided in sub. (2) and except with respect to property
9specified in s. 41.41 (11), the department shall issue a mining permit if it finds all of
10the following:
SB1-SSA2,111,1211 1. That the mining plan and reclamation plan are reasonably certain to result
12in reclamation of the mining site consistent with this subchapter.
SB1-SSA2,111,1413 2. That the waste site feasibility study and plan of operation complies with s.
14295.51.
SB1-SSA2,111,1615 3. That the applicant has committed to conducting the proposed mining in
16compliance with the mining permit and any other approvals issued for the mining.
SB1-SSA2,111,2017 3m. That the proposed mining is likely to meet or exceed the requirements of
18any municipal floodplain zoning ordinance applicable to the proposed mining under
19s. 295.607 (3) to the extent that the ordinance has not been made inapplicable to the
20proposed mining by a local agreement under s. 295.443 (1m).
SB1-SSA2,111,2221 4. That the proposed mining is reasonably certain not to result in substantial
22adverse impacts to public health, safety, or welfare.
SB1-SSA2,111,2423 5. That the proposed mining will result in a net positive economic impact in the
24area reasonably expected to be most impacted by the mining.
SB1-SSA2,112,2
16. That the applicant has applied for all necessary zoning approvals applicable
2to the proposed mining.
SB1-SSA2,112,123 (b) The department shall approve or deny an application for a mining permit
4in writing and shall include the reasons for its decision with clarity and in detail.
5The department may modify the applicant's proposed mining plan, reclamation plan,
6or mining waste site feasibility study and plan of operation in order to meet the
7requirements of this subchapter, and, as modified, approve the application. The
8approval of the application for a mining permit constitutes the approval of the
9mining plan, reclamation plan, and waste site feasibility study and plan of operation.
10In its decision on the application for a mining permit, the department shall include
11a final decision on compliance with s. 1.11 and the requirements of s. 295.53,
12discussing all of the following:
SB1-SSA2,112,1413 1. Whether the department has considered the environmental impact
14statement and comments received on it.
SB1-SSA2,112,1515 2. Whether the department has complied with ss. 1.11 and 295.53.
SB1-SSA2,112,1816 3. Whether, consistent with social, economic, and other essential
17considerations, the department has adopted all practicable means within its
18authority to avoid or minimize any harm to the environment and, if not, why not.
SB1-SSA2,112,20 19(2) Criteria for denial. The department shall deny the mining permit if it
20finds any of the following:
SB1-SSA2,112,2121 (a) That the site is unsuitable for mining.
SB1-SSA2,112,2322 (b) That the proposed mining may reasonably be expected to create any of the
23following situations:
SB1-SSA2,113,224 1. Hazards resulting in irreparable, substantial physical damage to any of the
25following that cannot be prevented under the requirements of this subchapter,

1avoided to the extent practicable by removal from the area of hazard, or offset by
2purchase or by obtaining the consent of the owner:
SB1-SSA2,113,33 a. A dwelling house.
SB1-SSA2,113,44 b. A public building.
SB1-SSA2,113,55 c. A school.
SB1-SSA2,113,66 d. A church.
SB1-SSA2,113,77 e. A cemetery.
SB1-SSA2,113,88 f. A commercial or institutional building.
SB1-SSA2,113,99 g. A public road.
SB1-SSA2,113,1410 2. Irreparable substantial environmental damage to lake or stream bodies
11despite adherence to the requirements of this subchapter. This subdivision does not
12apply to an activity that the department has authorized under statute, except that
13the destruction or filling in of a lake bed may not be authorized unless it is authorized
14under s. 295.60, 295.605, or 295.61.
SB1-SSA2,113,1715 3. Landslides or substantial deposition from the proposed mining operation in
16stream or lake beds which cannot feasibly be prevented and which have not been
17authorized under s. 295.60 or 295.605.
SB1-SSA2,113,1918 (c) That the applicant has violated, and continues to fail to comply with, this
19subchapter.
SB1-SSA2,113,2520 (d) Subject to sub. (3), that the applicant, principal shareholder of the
21applicant, or a related person has within 10 years before the application is submitted
22forfeited a mining reclamation bond that was posted in accordance with a permit or
23other authorization for a mining operation in the United States, unless the forfeiture
24was by agreement with the entity for whose benefit the bond was posted and the
25amount of the bond was sufficient to cover all costs of reclamation.
SB1-SSA2,114,5
1(e) Subject to sub. (3), that the applicant, a related person, or an officer or
2director of the applicant has, within 10 years before the application is submitted,
3been convicted of more than one felony for violations of laws for the protection of the
4natural environment arising out of the operation of a mining site in the United
5States, unless one of the following applies:
SB1-SSA2,114,66 1. The person convicted has been pardoned for all of the felonies.
SB1-SSA2,114,87 2. The person convicted is a related person or an officer or director of the
8applicant with whom the applicant terminates its relationship.
SB1-SSA2,114,119 3. The applicant included in its permit application under s. 295.47 a plan to
10prevent the occurrence in this state of events similar to the events that directly
11resulted in the convictions.
SB1-SSA2,114,1612 (f) Subject to sub. (3), that the applicant or a related person has, within 10 years
13before the application is submitted, declared bankruptcy or undergone dissolution
14that resulted in the failure to reclaim a mining site in the United States in violation
15of a state or federal law and that failure has not been remedied and is not being
16remedied.
SB1-SSA2,114,2117 (g) Subject to sub. (3), that, within 10 years before the application is submitted,
18a mining permit or other authorization for mining issued to the applicant or a related
19person was permanently revoked because of a failure to reclaim a mining site in the
20United States in violation of state or federal law and that failure has not been and
21is not being remedied.
SB1-SSA2,115,4 22(3) Exception from denial criteria. The department may not deny a mining
23permit under sub. (2) (d) to (g) if the person subject to the convictions, forfeiture,
24permanent revocation, bankruptcy, or dissolution is a related person but the
25applicant shows that the person was not the parent corporation of the applicant, a

1person that holds more than a 30 percent ownership in the applicant, or a subsidiary
2or affiliate of the applicant in which the applicant holds more than a 30 percent
3interest at the time of the convictions, forfeiture, permanent revocation, bankruptcy,
4or dissolution.
SB1-SSA2,115,7 5(4) Statement. The department shall send a statement as to whether the
6applicant has satisfied the requirements of this subchapter to the applicant and to
7the other persons specified in s. 295.57 (4) (b) 1. to 9.
SB1-SSA2,115,9 8(5) Duration of approvals. (a) A mining permit is valid for the life of the
9mining project, subject to the enforcement provisions under s. 295.79.
SB1-SSA2,115,1110 (b) An approval under s. 295.60 or 295.61 remains valid for the life of the mining
11project, subject to the enforcement provisions under s. 295.79.
SB1-SSA2,115,1512 (c) An approval issued for a mining project under ch. 23, 29, 30, 31, 169, 281,
13283, 285, 289, or 291, except for a permit under ch. 283 or 285 that is subject to a
14federal requirement limiting its duration, remains valid for the life of the mining
15project, subject to the enforcement provisions applicable to the approval.
SB1-SSA2,115,17 16(6) Effective date of approvals. A mining permit and any other approval is
17issued upon mailing and is final and effective upon issuance.
SB1-SSA2,115,22 18(7) Merchantable by-products. In a mining permit, the department shall
19require the operator to treat merchantable by-products as refuse if after 3 years from
20the time the merchantable by-products result from or are displaced by mining the
21material has not been transported off the mining site, unless removal is continuing
22at a rate of more than 12,000 cubic yards per year.
SB1-SSA2,116,5 23(8) General contractor or affiliate. No operator may engage a general
24contractor or affiliate to operate a mining site if the general contractor or affiliate has
25been convicted of more than one felony for violation of a law for the protection of the

1natural environment arising out of the operation of a mining site in the United States
2within 10 years before the issuance of the operator's mining permit, unless the
3general contractor or affiliate receives the department's approval of a plan to prevent
4the occurrence in this state of events similar to the events that directly resulted in
5the convictions.
SB1-SSA2,116,9 6295.59 Bonds and other security. (1) Security for reclamation. (a) Upon
7notification that an application for a mining permit has been approved by the
8department but before beginning mining, the operator shall furnish one of the
9following to the department:
SB1-SSA2,116,1210 1. A bond, furnished by a surety company licensed to do business in this state,
11conditioned on faithful performance of all of the requirements of this subchapter and
12all rules adopted by the department under this subchapter.
SB1-SSA2,116,1313 2. Cash.
SB1-SSA2,116,1414 3. Certificates of deposit.
SB1-SSA2,116,1515 4. Government securities.
SB1-SSA2,116,1716 (b) The department shall pay to the operator interest received on certificates
17of deposit or government securities furnished under par. (a).
SB1-SSA2,117,218 (c) The operator shall furnish the security required under par. (a) in the amount
19equal to the estimated cost to the state of fulfilling the reclamation plan, other than
20the cost of long-term care of the mining waste site, in relation to the portion of the
21mining site that will be disturbed by the end of the following year. The department
22shall determine the estimated cost of reclamation of each mining site on the basis of
23relevant factors, including the character and nature of the lands to be reclaimed, the
24future suitable use of the land involved, the topography of the mining site, the

1methods of reclamation being employed, the depth and composition of overburden,
2and the depth of the ferrous mineral deposit being mined.
SB1-SSA2,117,10 3(2) Certificate of insurance. The operator shall submit a certificate of
4insurance certifying that the applicant has in force a liability insurance policy issued
5by an insurer authorized to do business in this state or, in lieu of a certificate of
6insurance, evidence that the applicant has satisfied state or federal self-insurance
7requirements, covering all mining operations of the operator in this state and
8affording personal injury and property damage protection in a total amount
9determined to be adequate by the department but not more than $1,000,000 and not
10less than $50,000.
SB1-SSA2,117,16 11(2m) Proof of financial responsibility for long-term care of mining waste
12site.
An operator shall maintain proof of financial responsibility ensuring the
13availability of funds for compliance with the long-term care requirements specified
14in the waste site feasibility study and plan of operation for a period of 40 years after
15closing of the mining waste site. The operator shall furnish the proof of financial
16responsibility to the department in one of the following forms:
SB1-SSA2,117,1717 (a) A bond.
SB1-SSA2,117,1818 (b) Cash.
SB1-SSA2,117,1919 (c) Certificates of deposit.
SB1-SSA2,117,2020 (d) Government securities.
SB1-SSA2,117,2121 (e) Insurance.
SB1-SSA2,118,2 22(3) Written authorization to mine. Upon approval of the operator's bonds or
23other security under subs. (1) and (2m), mining application, and certificate of
24insurance, the department shall issue written authorization to begin mining at the

1permitted mining site in accordance with the approved mining plan, reclamation
2plan, and mining waste site feasibility study and plan of operation.
SB1-SSA2,118,12 3(4) Reclamation bond for more than one mining site. Any operator who
4obtains mining permits from the department for 2 or more mining sites may elect,
5at the time that the mining permit for the 2nd or any subsequent mining site is
6approved, to post a single bond under sub. (1) in lieu of separate bonds for each
7mining site. An operator who chooses to post a single bond under this subsection
8shall post a bond in an amount equal to the estimated cost to the state determined
9under sub. (1) of reclaiming all mining sites the operator has under mining permits.
10When an operator elects to post a single bond in lieu of separate bonds previously
11posted on individual mining sites, the department may not release the separate
12bonds until the department accepts the new bond.
SB1-SSA2,118,17 13(5) Review of amounts. If an operator disagrees with the amount of the bonds
14or other security that the department requires under this section, the operator may
15seek review under s. 295.77 (3) of the amount required. The operator may post a bond
16or other security in the amount required by the department and begin mining
17without forfeiting its right to seek review.
SB1-SSA2,118,18 18295.60 Impacts to wetlands. (1) Definitions. In this section:
SB1-SSA2,118,2119 (a) "Artificial wetland" means a landscape feature where hydrophytic
20vegetation may be present as a result of human modifications to the landscape or
21hydrology and for which there is no prior wetland or stream history.
SB1-SSA2,118,2422 (b) "Ceded territory" means the territory in Wisconsin ceded by the Chippewa
23Indians to the United States in the treaty of 1837, 7 Stat. 536, and the treaty of 1842,
247 Stat. 591.
SB1-SSA2,119,2
1(c) "Federal wetland" means a wetland that is subject to federal jurisdiction
2under 33 USC 1344.
SB1-SSA2,119,43 (d) "Fill material" has the meaning given in 33 CFR 323.2 (e), as the meaning
4exists on July 1, 2012.
SB1-SSA2,119,65 (e) "Mitigation" means the restoration, enhancement, creation, or preservation
6of wetlands to compensate for adverse impacts to other wetlands.
SB1-SSA2,119,107 (f) "Mitigation bank" means a system of accounting for wetland loss and
8compensation that includes one or more sites where wetlands are restored,
9enhanced, created, or preserved to provide credits to be subsequently applied or
10purchased in order to compensate for adverse impacts to other wetlands.
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