SB1-SSA2,141,6 3(5) Permit conditions. (a) The department may impose reasonable conditions
4in a water withdrawal permit that, except as provided in par. (b), may not interfere
5with the mining operation or bulk sampling or limit the amount of water needed for
6the mining operation or bulk sampling and that relate to any of the following:
SB1-SSA2,141,77 1. The location of the withdrawal or use.
SB1-SSA2,141,88 2. The authorized base level of water loss from the withdrawal or use.
SB1-SSA2,141,109 3. The dates on which or seasons during which withdrawal or use of the water
10may occur.
SB1-SSA2,141,1111 4. The purposes for the withdrawal or use of the water.
SB1-SSA2,141,1312 5. The amount and quality of return flow required and the place of the
13discharge.
SB1-SSA2,141,1514 6. The requirements for reporting volumes and rates of withdrawal and any
15other data specified by the department.
SB1-SSA2,141,1816 7. Any other conditions that the department determines are necessary to
17protect the environment and the public health, safety, and welfare and to ensure the
18conservation and proper management of the waters of the state.
SB1-SSA2,141,2319 (b) If the department determines that a high capacity well that would be
20covered by a water withdrawal permit may impair a privately owned high capacity
21well, the department shall include in the water withdrawal permit conditions that
22will ensure that the privately owned high capacity well will not be impaired, unless
23the private high capacity well owner agrees to the impairment.
SB1-SSA2,141,25 24(6) Permit modifications. (a) 1. An operator to whom a permit has been issued
25under this section may request a modification of any condition in the permit.
SB1-SSA2,142,5
12. If the request for a modification under subd. 1. does not result in an increase
2in an existing withdrawal resulting in a water loss averaging more than 2,000,000
3gallons per day in any 30-day period above the operator's authorized base level of
4water loss, within 30 days of receiving the request the department shall approve the
5request and amend the permit to incorporate the modification.
SB1-SSA2,142,176 3. a. If the request for a modification under subd. 1. results in an increase in
7an existing withdrawal resulting in a water loss averaging more than 2,000,000
8gallons per day in any 30-day period above the operator's authorized base level of
9water loss, the department shall determine, using the environmental review process
10under s. 1.11, whether it is required to prepare an environmental assessment or
11environmental impact statement and, if so, shall prepare an environmental
12assessment or an environmental impact statement. If the department determines,
13using the environmental review process under s. 1.11, that the operator must
14prepare an environmental impact report, the department may only request
15information in the environmental impact report that relates to decisions that the
16department makes under this section related to the permit and the department shall
17limit its analysis to an evaluation of the request for the modification.
SB1-SSA2,143,718 b. The department shall publish a class 1 notice, under ch. 985, and shall
19publish notice on the department's Internet site, of the availability of information
20about a request to which this subdivision applies, its proposed decision on the
21request, the opportunity to comment within 30 days after the date of the publication
22of the notice, and the opportunity to request a public informational hearing. The
23department shall also provide the notice to the applicant, the persons specified in s.
2430.18 (4) (a), and if the modification involves a structure through which water
25transferred from the Great Lakes basin would be returned to the source watershed

1through a stream tributary to one of the Great Lakes, the governing body of each city,
2village, and town through which the stream flows or that is adjacent to the stream
3downstream from the point at which the water would enter the stream. The
4department's notice to interested persons under this subd. 3. b. may be given through
5an electronic notification system established by the department. The date on which
6the department first publishes notice on its Internet site shall be considered the date
7of the publication of the notice required to be published under this subd. 3. b.
SB1-SSA2,143,108 c. Within 180 days of receiving a request to which this subdivision applies, the
9department shall approve or deny as provided in sub. (4) the request and, if it
10approves the request, shall amend the permit to incorporate the modification.
SB1-SSA2,143,2211 (b) 1. The department may propose modifications to any of the conditions in the
12water withdrawal permit that it determines to be necessary to ensure compliance
13with the standards in sub. (4). If it proposes a modification, the department shall
14determine, using the environmental review process under s. 1.11, whether it is
15required to prepare an environmental assessment or environmental impact
16statement and, if so, shall prepare an environmental assessment or an
17environmental impact statement. If the department determines, using the
18environmental review process under s. 1.11, that the operator must prepare an
19environmental impact report, the department may only request information in the
20environmental impact report that relates to decisions that the department makes
21under this section related to the permit and the department shall limit its analysis
22to an evaluation of the proposed modification.
SB1-SSA2,144,1223 2. The department shall publish a class 1 notice, under ch. 985, and shall
24publish notice on the department's Internet site, of the availability of information
25about a proposed modification under this paragraph, the opportunity to comment

1within 30 days after the date of the publication of the notice, and the opportunity to
2request a public informational hearing. The department shall also provide the notice
3to the applicant, the persons specified in s. 30.18 (4) (a), and if the modification
4involves a structure through which water transferred from the Great Lakes basin
5would be returned to the source watershed through a stream tributary to one of the
6Great Lakes, the governing body of each city, village, and town through which the
7stream flows or that is adjacent to the stream downstream from the point at which
8the water would enter the stream. The department's notice to interested persons
9under this subdivision may be given through an electronic notification system
10established by the department. The date on which the department first publishes
11notice on its Internet site shall be considered the date of the publication of the notice
12required to be published under this subdivision.
SB1-SSA2,144,1413 3. The department may not impose the modification until after the end of the
14public comment period under subd. 2.
SB1-SSA2,144,1815 4. Any modified condition under this paragraph may not interfere with the
16mining operation or limit the amount of water needed for the mining operation if the
17holder of the water withdrawal permit is implementing any conservation measures
18that are applicable under the permit.
SB1-SSA2,144,20 19(7) Relationship to other laws. None of the following apply to water
20withdrawal or use that is associated with mining operations or bulk sampling:
SB1-SSA2,144,2221 (a) Sections 30.18, 281.34, and 281.35 and any rules promulgated under those
22sections, except as specifically provided in this section.
SB1-SSA2,144,2523 (b) Any provision of ch. NR 812, Wis. Adm. Code, that conflicts with this section,
24except that s. NR 812.08, Wis. Adm. Code, does not apply to water withdrawal or use
25that is associated with mining operations or bulk sampling.
SB1-SSA2,145,2
1(8) Damage claims. (a) As used in this subsection, "person" does not include
2a city, village, or town.
SB1-SSA2,145,93 (b) A person claiming damage to the quantity or quality of the person's private
4water supply caused by bulk sampling or mining may file a complaint with the
5department and, if there is a need for an immediate alternative source of water, with
6the city, village, or town where the private water supply is located. The department
7shall conduct an investigation and if the department concludes that there is reason
8to believe that the bulk sampling or mining is interrelated to the condition giving rise
9to the complaint, it shall schedule a hearing.
SB1-SSA2,145,1510 (c) The city, village, or town in which is located the private water supply that
11is the subject of a complaint under par. (a) shall, upon request, supply necessary
12amounts of water to replace the water formerly obtained from the damaged private
13supply. Responsibility to supply water begins at the time the complaint is filed and
14ends at the time the decision of the department made at the conclusion of the hearing
15is implemented.
SB1-SSA2,146,916 (d) If the department concludes after the hearing that bulk sampling or mining
17is the principal cause of the damage to the private water supply, it shall issue an order
18to the operator requiring the provision of water to the person found to be damaged
19in a like quantity and quality to that previously obtained by the person and for a
20period of time that the water supply, if undamaged, would be expected to provide a
21beneficial use, requiring reimbursement to the city, village, or town for the cost of
22supplying water under par. (c), if any, and requiring the payment of compensation
23for any damages unreasonably inflicted on the person as a result of damage to the
24person's water supply. The department shall order the payment of full compensatory
25damages up to $75,000 per claimant. The department shall issue its written findings

1and order within 60 days after the close of the hearing. Any judgment awarded in
2a subsequent action for damages to a private water supply caused by bulk sampling
3or mining shall be reduced by any award of compensatory damages previously made
4under this subsection for the same injury and paid by the operator. The department
5shall change the dollar amount under this paragraph annually, beginning with 1978,
6according to the method under s. 70.375 (6). Pending the final decision on any appeal
7from an order issued under this paragraph, the operator shall provide water as
8ordered by the department. The existence of the relief under this section is not a bar
9to any other statutory or common law remedy for damages.
SB1-SSA2,146,1310 (e) If the department concludes after the hearing that bulk sampling or mining
11is not the cause of any damage, reimbursement to the city, village, or town for the
12costs of supplying water under par. (c), if any, is the responsibility of the person who
13filed the complaint.
SB1-SSA2,146,1614 (f) Failure of an operator to comply with an order under par. (d) is grounds for
15suspension or revocation of a mining permit or any approval required for bulk
16sampling.
SB1-SSA2,146,22 17(9) Costs reimbursed. (a) Costs incurred by a city, village, or town in
18monitoring the effects of bulk sampling or mining on surface water and groundwater
19resources, in providing water to persons claiming damage to private water supplies
20under sub. (8) (c), or in retaining legal counsel or technical consultants to represent
21and assist the city, village, or town appearing at the hearing under sub. (8) (b) are
22reimbursable through the investment and local impact fund under s. 15.435.
SB1-SSA2,147,223 (b) Any costs paid to a city, village, or town through the investment and local
24impact fund under par. (a) shall be reimbursed to the fund by the city, village, or town

1if the city, village, or town receives funds from any other source for the costs incurred
2under par. (a).
SB1-SSA2,147,73 (c) If an order under sub. (8) (d) requiring the operator to provide water or to
4reimburse the city, village, or town for the cost of supplying water is appealed and
5is not upheld, the court shall order the cost incurred by the operator in providing
6water or in reimbursing the city, village, or town pending the final decision to be
7reimbursed from the investment and local impact fund under s. 15.435.
SB1-SSA2,147,10 8295.62 Mining waste site construction and completion reports. (1) An
9operator shall construct a mining waste site substantially in accordance with the
10approved mining waste site feasibility study and plan of operation.
SB1-SSA2,147,20 11(2) The operator shall inspect the mining waste site before it is used and ensure
12that all associated structures are in substantial compliance with the mining waste
13site feasibility study and plan of operation. The operator shall have a professional
14engineer, registered as such under ch. 443, document mining waste site construction
15and render an opinion as to whether the mining waste site has been constructed in
16substantial conformance with the mining waste site feasibility study and plan of
17operation. The engineer may use aerial or ground photographs to document the
18inspection, but photographs do not in themselves constitute compliance with this
19subsection. The operator shall maintain a complete file describing the items
20inspected and their condition.
SB1-SSA2,147,23 21(3) An operator shall notify the department in writing when the mining waste
22site has been constructed in substantial compliance with the mining waste site
23feasibility study and plan of operation.
SB1-SSA2,148,11 24(4) (a) Within 5 business days of receipt of written notice from an operator that
25the mining waste site has been constructed in substantial compliance with the

1mining waste site feasibility study and plan of operation, the department shall either
2review and inspect the mining waste site to ensure that it was constructed according
3to the approved mining waste site feasibility study and plan of operation or notify the
4operator that the department will not conduct a review and inspection before
5disposal of mining waste in the mining waste site. Within 3 business days of any
6review and inspection, the department shall notify the operator that the mining
7waste site may be used for the disposal of mining waste or identify all steps that must
8be completed to bring the mining waste site into substantial compliance with the
9mining waste site feasibility study and plan of operation. After the operator
10completes the steps, the operator shall notify the department that the steps have
11been completed.
SB1-SSA2,148,1312 (b) An operator may dispose of mining waste in a mining waste site after one
13of the following occurs:
SB1-SSA2,148,1614 1. The operator receives notice from the department under par. (a) that the
15department will not conduct a review and inspection before disposal of mining waste
16in the mining waste site.
SB1-SSA2,148,1817 2. The operator receives notice from the department under par. (a) that the
18mining waste site may be used for the disposal of mining waste.
SB1-SSA2,148,2019 3. The operator provides notice to the department under par. (a) that any steps
20required by the department to be completed under par. (a) have been completed.
SB1-SSA2,149,5 21295.63 Modifications; reporting. (1) (a) An operator at any time may
22request a change to a mining permit, the mining plan, the reclamation plan, or the
23mining waste site feasibility study and plan of operation for any mining site that the
24operator owns or leases, or request cancellation of the mining permit for any or all
25of the unmined part of a mining site. The operator shall submit an application for

1the change or cancellation in the form of a letter giving notice to the department of
2the proposed change or cancellation and shall identify in the letter the tract of land
3to be affected by a change in the mining plan, reclamation plan, or mining waste site
4feasibility study and plan of operation or to be removed from the permitted mining
5site.
SB1-SSA2,149,116 (b) The department shall grant a request under par. (a) unless it determines
7that the requested change makes it impossible for the permit holder to substantially
8comply with the approved mining plan, reclamation plan, or mining waste site
9feasibility study and plan of operation. If the department determines that the
10requested change would make substantial compliance impossible, it shall follow the
11procedure in sub. (3).
SB1-SSA2,149,2012 (c) If the request under par. (a) is to cancel any or all of the unmined part of a
13mining site, the department shall ascertain, by inspection, if mining has occurred on
14the land. If the department finds that no mining has occurred, the department shall
15order release of the bond or other security posted for the land being removed from
16the permitted mining site and cancel or amend the operator's written authorization
17to conduct mining on the mining site. The department may not approve the removal
18of land where mining has occurred from a permitted mining site, or release that land
19from the bond or other security under this subsection, unless the operator has
20completed reclamation to the satisfaction of the department.
SB1-SSA2,150,4 21(2) The operator shall furnish the department with a report for each mining
22site within 30 days after the end of every 12-month period after issuance of the
23mining permit, within 30 days after completion of all mining at the mining site, and
24within 30 days after completion of the mining plan and of the reclamation plan,
25describing any reclamation work accomplished, or experimental reclamation work

1performed, during the preceding year. The operator shall include in the reports an
2annual plan map, color-coded and with a legend, showing all of the following, as of
3December 31 of the previous year, or as near to December 31 of the previous year as
4mining operations permit:
SB1-SSA2,150,55 (a) Location and boundary of the mining area.
SB1-SSA2,150,66 (b) Any mine mill.
SB1-SSA2,150,77 (c) Any open pit.
SB1-SSA2,150,88 (d) Stockpiles of overburden.
SB1-SSA2,150,99 (e) Stockpiles of waste rock.
SB1-SSA2,150,1010 (f) Ferrous ore stockpiles.
SB1-SSA2,150,1111 (g) Streams, lakes, and reservoirs.
SB1-SSA2,150,1212 (h) Tailings basins.
SB1-SSA2,150,1313 (i) Roads.
SB1-SSA2,150,1614 (j) Sequential numbers or letters or other method, as approved by the
15department, permanently assigned to portions of the mining site that have been
16abandoned before abandonment of the entire mining operation.
SB1-SSA2,150,1817 (k) Changes in the surface area disturbed by mining during the preceding year,
18indicated by vertical crosshatching or other method approved by the department.
SB1-SSA2,150,2119 (L) Anticipated changes in the surface area disturbed by mining during the
20current year, indicated by horizontal crosshatching or other method approved by the
21department.
SB1-SSA2,150,2222 (m) Elevations of stockpiles and tailings basins.
SB1-SSA2,150,2523 (n) Drainage on and away from the surface area disturbed by mining, showing
24directional flow of water in drainage ways, natural watercourses, and streams,
25intermittent and flowing, including discharge from the mining.
SB1-SSA2,151,2
1(o) The name of the geologist, engineer, or surveyor responsible for the
2preparation of the map.
SB1-SSA2,151,33 (p) The date the map was prepared.
SB1-SSA2,151,9 4(2m) Annually, the department shall review the bond or other security under
5s. 295.59 (1) to ascertain its adequacy. If the department after review determines
6that the amount of the bond or other security should be changed, it shall notify the
7permit holder of the necessary changes. If the permit holder does not seek a
8contested case hearing under s. 295.77 (3) within 30 days, the changes are considered
9to be accepted.
SB1-SSA2,152,2 10(3) If the department finds that a change requested under sub. (1) (a) would
11make substantial compliance with the approved mining plan, reclamation plan, or
12mining waste site feasibility study and plan of operation impossible or it finds, based
13on a review conducted no more frequently than every 5 years, that because of
14changing conditions, including changes in reclamation costs or reclamation
15technology, the reclamation plan for a mining site is no longer sufficient to
16reasonably provide for reclamation of the mining site consistent with this
17subchapter, it shall require the operator to submit an amended mining plan,
18reclamation plan, or mining waste site feasibility study and plan of operation and
19applications for amending any approval associated with the proposed amendments
20to the mining plan, reclamation plan, or mining waste site feasibility study and plan
21of operation. The public notice, public comment, and public hearing procedures in
22s. 295.57 apply to amended plans and applications under this subsection. The
23department shall approve or deny the amended mining plan, reclamation plan, or
24mining waste site feasibility study and plan of operation in accordance with s.
25295.58, within 30 days following the close of the public comment period. The

1applicant may continue to operate under the existing mining permit until the
2amended mining permit is issued or denied.
SB1-SSA2,152,4 3295.635 Required mining waste site inspections, record keeping,
4reporting, and responses.
(1) Definitions. In this section:
SB1-SSA2,152,75 (a) "Active dam" means a dam and associated settling area into which tailings
6or wastewater are being introduced or that has not been reclaimed in a manner
7approved by the department.
SB1-SSA2,152,108 (b) "Inactive dam" means a dam and associated settling area that is no longer
9being used for disposal of tailings or wastewater and that has been reclaimed in a
10manner approved by the department.
SB1-SSA2,152,12 11(2) General. The operator shall, at least monthly, visually inspect all of the
12following and record observations in a mining waste site operating log:
SB1-SSA2,152,1413 (a) The active portions of the mining waste site for possible damage or
14structural weakening.
SB1-SSA2,152,1615 (b) Mining waste handling and monitoring equipment and readings, to ensure
16normal operation and measurements.
SB1-SSA2,152,1717 (c) Fences or barriers around the mining waste site, for possible damage.
SB1-SSA2,152,1918 (d) The buffer area around the mining waste site, for possible environmental
19damage related to its operation.
SB1-SSA2,152,22 20(3) Active dams. The operator shall, at least monthly, inspect active dams and
21record the findings in the mining waste site operating log. The operator shall record
22at least all of the following findings:
SB1-SSA2,152,2323 (a) Condition of vegetation on the dam and within 50 feet from the outside base.
SB1-SSA2,152,2424 (b) Piezometric levels within the mass of the dam.
SB1-SSA2,153,2
1(c) Condition of soil surfaces on the top and slopes of the dam and within 50 feet
2from the outside base.
SB1-SSA2,153,33 (d) Condition of drainage ditches near the base of the dam.
SB1-SSA2,153,44 (e) Liquid surface level and amount of freeboard.
SB1-SSA2,153,55 (f) Condition of spillways, conduits, and water level control structures.
SB1-SSA2,153,8 6(4) Inactive dams. The operator shall inspect inactive dams quarterly and
7record the findings in the mining waste site operating log. The operator shall record
8at least all of the following findings:
SB1-SSA2,153,109 (a) Condition of soil surfaces on the top and slopes of the dam and within 50 feet
10from the outside base.
SB1-SSA2,153,1311 (b) Piezometric levels within the mass of the dam if that instrumentation has
12been determined to be necessary or is required in the long-term care provisions of
13the mining waste site feasibility study and plan of operation.
SB1-SSA2,153,1414 (c) Condition of spillways, conduits, and water level control structures.
SB1-SSA2,153,24 15(5) Defective conditions of dams posing risk of adverse impact. When a
16defective condition that poses a significant risk of adverse impact to the environment
17is found during an inspection of a dam, the operator shall ensure that it is recorded
18and corrected at the earliest practicable time. At the earliest practicable time, the
19operator shall make a written report to the department of the condition and the
20actions proposed and taken for its correction. Within 5 business days of receipt of a
21written report, the department may confirm the correction of the condition and
22specify any necessary additional corrective action. An operator shall consider any
23of the following items as indicating a condition that requires prompt investigation
24and that may require corrective action:
SB1-SSA2,154,2
1(a) Seepage on the outer face of the dam accompanied by boils, sand cones, or
2deltas.
SB1-SSA2,154,43 (b) Silt accumulations, boils, deltas, or cones in the drainage ditches at the base
4of the dam.
SB1-SSA2,154,55 (c) Cracking of soil surface on the top or either face of the dam.
SB1-SSA2,154,66 (d) Bulging of the outside face of the dam.
SB1-SSA2,154,87 (e) Seepage, damp areas, or boils in the vicinity of, or erosion around, a conduit
8through the dam.
SB1-SSA2,154,99 (f) Any shrinkage of the top or faces of the dam.
SB1-SSA2,154,13 10(6) Potential defects of dams. All of the following conditions indicate
11potential defects and the operator shall closely check them on subsequent
12inspections for an active dam and conduct an intermediate inspection if they exist
13for an inactive dam:
SB1-SSA2,154,1514 (a) Patches of overgrown vegetation on the outside face or close to the base of
15the dam.
SB1-SSA2,154,1616 (b) Surface erosion, gullying, or wave erosion on the inside of the dam.
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