SB1-SSA2,170,19 5295.69 Termination of proof of financial responsibility for long-term
6care of mining waste site.
(1) One year after closure, and annually thereafter
7until the department terminates the obligation to maintain proof of financial
8responsibility for long-term care of a mining waste site under sub. (2) (c), an operator
9who has carried out all necessary long-term care during the preceding year, may
10apply to the department for a reduction in the amount of the proof of financial
11responsibility provided under s. 295.59 (2m) equal to the costs of long-term care for
12that year. The operator shall provide an itemized list of costs incurred. If the
13department determines that the costs incurred are in accordance with the long-term
14care requirements in the approved waste site feasibility study and plan of operation
15and that adequate funds exist to complete required long-term care for the remainder
16of the 40-year period on which the amount of the proof of financial responsibility was
17originally determined, the department shall authorize in writing a reduction in the
18amount of proof of financial responsibility provided. The department shall make its
19determinations within 90 days of an application.
SB1-SSA2,171,4 20(2) (a) An operator may apply to the department for termination of its
21obligation to maintain proof of financial responsibility for long-term care of the
22mining waste site under s. 295.59 (2m) at any time after the mining waste site has
23been closed for 20 years by submitting an application that demonstrates that
24continuation of the obligation to maintain proof of financial responsibility for
25long-term care is not necessary for adequate protection of public health or the

1environment. The burden is on the operator to prove by a preponderance of the
2evidence that continuation of the obligation to maintain proof of financial
3responsibility for long-term care is not necessary for adequate protection of public
4health or the environment.
SB1-SSA2,171,165 (b) Within 30 days of receiving an application under par. (a), the department
6shall provide notice to the public of the application for termination of the obligation
7to maintain proof of financial responsibility for long-term care. In the notice, the
8department shall invite the submission of written comments by any person on the
9application within 30 days of the date of the publication of the notice. The
10department shall provide the notice by publishing a class 1 notice under ch. 985 in
11the official newspaper designated under s. 985.04 or 985.05 or, if none exists, in a
12newspaper likely to give notice in the area of the mining waste site, and shall publish
13notice on the department's Internet site. The date on which the department first
14publishes the notice on its Internet site shall be considered the date of the publication
15of the notice required to be published under this paragraph. The department shall
16also send the notice to the operator.
SB1-SSA2,171,2417 (c) Within 120 days of the date of the publication of the notice under par. (b),
18the department shall determine either that proof of financial responsibility for
19long-term care of the mining waste site is no longer required, in which case the
20applicant is relieved of the responsibility of providing proof of financial responsibility
21for long-term care, or that proof of financial responsibility for long-term care of the
22mining waste site is still required, in which case the applicant may not submit
23another application under par. (a) until at least 5 years have elapsed since the
24previous application.
SB1-SSA2,172,10
1295.695 Inspections by the department. (1) Any duly authorized officer,
2employee, or representative of the department who has received the safety training
3under 30 CFR 48.31 may enter and inspect any property, premises, or place on or at
4which any mining operation or facility is located or is being constructed or installed
5at any reasonable time for the purpose of ascertaining the state of compliance with
6this subchapter and the provisions of chs. 281, 283, 285, 289, 291, 292, and 299 and
7rules promulgated under those chapters that are applicable to the mining operation.
8No person may refuse entry or access to any authorized representative of the
9department who requests entry for purposes of inspection, and who presents
10appropriate credentials.
SB1-SSA2,172,12 11(2) No person may obstruct, hamper, or interfere with any inspection
12authorized in sub. (1).
SB1-SSA2,172,15 13(3) The department shall furnish to the operator a written report on any
14inspection setting forth all observations, relevant information, and data that relate
15to compliance status.
SB1-SSA2,172,19 16295.73 Fees. (1) (a) Except as provided in par. (b), an applicant for a mining
17permit is not required to pay any application or filing fee for any approval other than
18a mining permit, notwithstanding any fee required under ch. 23, 29, 30, 31, 169, 281,
19283, 285, 289, or 291, or rules promulgated under those chapters.
SB1-SSA2,172,2120 (b) An applicant for a mining permit shall pay any fee required under s. 281.343
21(3) (c) 1.
SB1-SSA2,173,2 22(3) (a) The department shall assess an applicant a fee equal to its costs, other
23than costs of a contract under par. (d), for evaluating the mining project, including
24the costs for consultants retained by the department to evaluate the application for

1the mining permit and the application for any other approval, or $2,000,000,
2whichever is less.
SB1-SSA2,173,33 (b) The applicant shall pay the fees under par. (a) as follows:
SB1-SSA2,173,64 1. One hundred thousand dollars shall be paid at the time that the bulk
5sampling plan is filed under s. 295.45 or at the time that the notice of the intention
6to file a mining permit application is filed, whichever is first.
SB1-SSA2,173,97 2. Two hundred fifty thousand dollars when the department provides cost
8information demonstrating that the payment under subd. 1. has been fully allocated
9against actual costs.
SB1-SSA2,173,1210 3. Two hundred fifty thousand dollars when the department provides cost
11information demonstrating that the payment under subd. 2. has been fully allocated
12against actual costs.
SB1-SSA2,173,1513 4. Two hundred fifty thousand dollars when the department provides cost
14information demonstrating that the payment under subd. 3. has been fully allocated
15against actual costs.
SB1-SSA2,173,1816 5. Two hundred fifty thousand dollars when the department provides cost
17information demonstrating that the payment under subd. 4. has been fully allocated
18against actual costs.
SB1-SSA2,173,2119 6. Two hundred fifty thousand dollars when the department provides cost
20information demonstrating that the payment under subd. 5. has been fully allocated
21against actual costs.
SB1-SSA2,173,2422 7. Two hundred fifty thousand dollars when the department provides cost
23information demonstrating that the payment under subd. 6. has been fully allocated
24against actual costs.
SB1-SSA2,174,3
18. Two hundred fifty thousand dollars when the department provides cost
2information demonstrating that the payment under subd. 7. has been fully allocated
3against actual costs.
SB1-SSA2,174,64 9. One hundred fifty thousand dollars when the department provides cost
5information demonstrating that the payment under subd. 8. has been fully allocated
6against actual costs.
SB1-SSA2,174,117 (c) After the department approves or denies the application for a mining permit
8or, if the applicant withdraws the application for a mining permit, after the applicant
9withdraws the application, the department shall refund to the applicant any amount
10paid by the applicant under par. (a) but not fully allocated against the department's
11actual costs.
SB1-SSA2,174,1512 (d) In addition to the fees under par. (a), if the department contracts under s.
13295.53 (1) with a consultant to assist in preparation of an environmental impact
14statement and awards the contract on the basis of competitive bids, the applicant
15shall pay the full costs as provided in the contract.
SB1-SSA2,174,1816 (e) In addition to the fees under par. (a), the department may assess an
17applicant a fee equal to the department's costs in providing wetland determinations
18and wetland boundary delineations under s. 295.60 (2).
SB1-SSA2,174,21 19(4) Subchapter VI of ch. 289 does not apply to mining waste disposed of in a
20mining waste site covered by a mining permit, except that an operator shall pay the
21fees specified in ss. 289.63 (4), 289.64 (3), and 289.67 (1) (d).
SB1-SSA2,174,25 22295.75 Effect of other laws. (1) Except as provided in sub. (2), if there is a
23conflict between a provision in this subchapter and a provision in ch. 23, 29, 30, 31,
24160, 169, 281, 283, 285, 289, or 291 or in a rule promulgated under one of those
25chapters, the provision in this subchapter controls.
SB1-SSA2,175,2
1(2) (a) If there is a conflict between a provision in this subchapter and a
2provision in s. 281.343, the provision in s. 281.343 controls.
SB1-SSA2,175,53 (b) If there is a conflict between a provision in this subchapter and a provision
4in s. 281.346, the provision in s. 281.346 controls, except as provided in s. 295.57 (9)
5(a).
SB1-SSA2,175,10 6295.77 Review. (1) Limits on contested case hearings. No person is entitled
7to a contested case hearing on a decision by the department on an exploration license
8or an approval that is required before bulk sampling may be implemented. No person
9is entitled to a contested case hearing on a decision by the department on a mining
10permit application or any other approval, except as provided in subs. (2) and (3).
SB1-SSA2,175,20 11(2) Contested case hearings; after initial mining permit decision or decision
12on amended plan.
(a) Entitlement. 1. A person is entitled to a contested case hearing
13on a decision by the department related to a mining permit for a proposed mining
14operation, including a decision related to the environmental impact statement for
15the proposed mining operation, or on any decision that is related to an approval
16associated with the proposed mining operation and that is issued no later than the
17day on which the department issues its decision on the application for the mining
18permit, only if the person is entitled to a contested case hearing on the decision under
19s. 227.42 and the person requests the hearing within 30 days after the department
20issues the decision to approve or deny the application for the mining permit.
SB1-SSA2,176,421 2. A person is entitled to a contested case hearing on a decision by the
22department related to an amended mining plan, reclamation plan, or mining waste
23site feasibility study and plan of operation required under s. 295.63 (3) or to any
24amendment to an approval associated with the amended mining plan, reclamation
25plan, or mining waste site feasibility study and plan of operation only if the person

1is entitled to a contested case hearing on the decision under s. 227.42 and the person
2requests the hearing within 30 days after the department issues the decision to
3approve or deny the amended mining plan, reclamation plan, or mining waste site
4feasibility study and plan of operation.
SB1-SSA2,176,75 3. All issues raised by all persons requesting a contested case hearing in
6accordance with subd. 1. or 2. in connection with the same mining operation shall be
7considered in one contested case hearing.
SB1-SSA2,176,128 (b) Deadline for decision. 1. The hearing examiner presiding over a contested
9case hearing under this subsection shall issue a final decision on the case no more
10than 150 days after the department issues the decision to grant or deny the mining
11permit or to approve or deny the amended mining plan, reclamation plan, or mining
12waste site feasibility study and plan of operation.
SB1-SSA2,176,1513 2. If the hearing examiner does not issue a final decision by the deadline under
14subd. 1., the decision of the department being reviewed by the hearing examiner is
15affirmed.
SB1-SSA2,176,1916 (c) Restriction on orders. The hearing examiner presiding over a contested case
17hearing under this subsection may not issue an order prohibiting activity authorized
18under a decision of the department that is being reviewed in the contested case
19hearing.
SB1-SSA2,176,2420 (d) Judicial review. A person seeking judicial review of the decision in a
21contested case hearing under this subsection shall comply with the requirements for
22service and filing in s. 227.53 (1) (a) and shall commence the action no more than 30
23days after service of the decision or, if the hearing examiner does not issue a final
24decision by the deadline under par. (b) 1., no more than 30 days after that deadline.
SB1-SSA2,177,6
1(3) Contested case hearings on other decisions. A person is entitled to a
2contested case hearing on a decision by the department related to a mining operation
3that is issued after the department issues the decision to approve the application for
4the mining permit for the mining operation, other than a decision described in sub.
5(2) (a) 2., if the person is entitled to a contested case hearing under s. 227.42 and
6complies with the requirements for service and filing in s. 227.53 (1) (a).
SB1-SSA2,177,11 7(4) Notwithstanding s. 227.53 (1) (a) 3., any person seeking judicial review of
8the decision on a contested case under sub. (2) or (3) or of any decision of the
9department under this subchapter shall bring the action in the circuit court for the
10county in which the majority of the bulk sampling site or mining site is located or in
11which the majority of the exploration will occur.
SB1-SSA2,177,15 12295.78 Mining and reclamation; orders. (1) (a) If the department finds a
13violation of law or any unapproved deviation from the mining plan, reclamation plan,
14or mining waste site feasibility study and plan of operation at a mining site under
15a mining permit, the department shall do one of the following:
SB1-SSA2,177,1816 1. Issue an order requiring the operator to comply with the law, mining plan,
17reclamation plan, or mining waste site feasibility study and plan of operation within
18a specified time.
SB1-SSA2,177,2019 2. Require the alleged violator to appear before the department for a hearing
20and answer the department's charges.
SB1-SSA2,177,2121 3. Request the department of justice to initiate action under s. 295.79.
SB1-SSA2,177,2522 (b) Any order issued under par. (a) 1. following a hearing takes effect
23immediately. Any other order takes effect 10 days after the date the order is served,
24unless the person named in the order requests in writing a hearing before the
25department within the 10-day period.
SB1-SSA2,178,4
1(c) If no hearing on an order issued under par. (a) 1. was held and if the
2department receives a request for a hearing within 10 days after the date the order
3is served, the department shall provide due notice and hold a hearing. If after the
4hearing the department finds that no violation has occurred, it shall rescind its order.
SB1-SSA2,178,95 (d) If an operator fails to comply with an order issued under par. (a) 1. within
6the time for compliance specified in the order, the department shall suspend the
7mining permit until the operator fully complies with the order, except that if the
8operator seeks review of the order under s. 295.77 (3), mining may continue until the
9final disposition of the action, except as provided under sub. (4).
SB1-SSA2,178,1210 (e) The department shall inform the department of justice of a suspension
11under par. (d) within 14 days. After receiving notice of a suspension, the department
12of justice may commence an action under s. 295.79.
SB1-SSA2,178,22 13(2) If reclamation of a mining site is not proceeding in accordance with the
14reclamation plan and the operator has not begun to rectify deficiencies within the
15time specified in an order, or if the reclamation is not properly completed in
16conformance with the reclamation plan within one year after completion or
17abandonment of mining on any portion of the mining site, unless because of acts of
18God, such as adverse weather affecting grading, planting, and growing conditions,
19the department, with the staff, equipment, and material under its control, or by
20contract with others, shall take the actions that are necessary for the reclamation of
21mined areas. The operator is liable for the cost to the state of reclamation conducted
22under this subsection.
SB1-SSA2,179,3 23(3) The department shall cancel all other mining permits held by an operator
24who refuses to reclaim a mining site in compliance with the reclamation plan after
25the completion of mining or after the cancellation of a mining permit. The

1department may not issue any mining permit for that mining site or any other
2mining site in this state to an operator who refused to reclaim the mining site in
3compliance with the reclamation plan.
SB1-SSA2,179,9 4(4) At any time that the department determines that the continuance of mining
5constitutes an immediate and substantial threat to public health and safety or the
6environment, the department may request the department of justice to institute an
7action in circuit court of the county in which the mine is located for a restraining
8order or injunction or other appropriate remedy to stop mining until the immediate
9and substantial threat is eliminated.
SB1-SSA2,179,11 10(5) Section 281.346 (7m) does not apply to a water withdrawal associated with
11a mining operation for which a mining permit has been issued.
SB1-SSA2,179,15 12295.79 Enforcement; penalties. (1) The department of justice shall enforce
13this subchapter and any order issued under this subchapter. The circuit court of the
14county where the violation occurred has jurisdiction to enforce this subchapter or any
15orders issued under this subchapter, by injunction or other appropriate relief.
SB1-SSA2,179,19 16(2) (a) Any person who authorizes or engages in mining without a mining
17permit and written authorization to mine under s. 295.59 (3) shall forfeit all profits
18obtained from those illegal activities and not more than $5,000 for each day during
19which the mine was in operation.
SB1-SSA2,179,2120 (b) A person to whom par. (a) applies is also liable to the department for the full
21cost of reclaiming the affected area of land and any damages caused by the mining.
SB1-SSA2,179,2522 (c) If the violator of par. (a) is a corporation, limited liability company,
23partnership, or association, any officer, director, member, manager, or partner who
24knowingly authorizes, supervises, or contracts for mining is also subject to the
25penalties in this subsection.
SB1-SSA2,180,8
1(3) Any person who makes or causes to be made in an application or report
2required by this subchapter a statement known to the person to be false or
3misleading in any material respect or who refuses to submit information required by
4a mining permit or by this subchapter may be fined not less than $1,000 nor more
5than $5,000. If the false or misleading statement is material to the issuance of the
6mining permit and the mining permit would not have been issued had the false or
7misleading statement not been made, the court may revoke the mining permit. If any
8violation under this subsection is repeated the court may revoke the mining permit.
SB1-SSA2,180,14 9(4) (a) Any person who commits a violation of this subchapter or any permit or
10order issued under this subchapter, except for the violations enumerated in subs. (2)
11and (3), shall forfeit not less than $10 nor more than $5,000 for each violation. Each
12day of continued violation is a separate offense, except that no forfeiture may be
13imposed during the time that continued mining is authorized under s. 295.63 (3).
14While an order is suspended, stayed, or enjoined, this penalty does not accrue.
SB1-SSA2,180,2015 (b) In addition to the penalties provided under par. (a), the court may award
16the department of justice the reasonable and necessary expenses of the investigation
17and prosecution of the violation, including attorney fees. The department of justice
18shall deposit in the state treasury for deposit into the general fund all moneys that
19the court awards to the department or the state under this paragraph. These moneys
20shall be credited to the appropriation account under s. 20.455 (1) (gh).
SB1-SSA2,180,22 21(5) Any person having an interest that is or may be adversely affected may
22intervene as a matter of right, in any enforcement action brought under this section.
SB1-SSA2,97 23Section 97. 299.85 (7) (a) 2. and 4. of the statutes are amended to read:
SB1-SSA2,181,1224 299.85 (7) (a) 2. Notwithstanding minimum or maximum forfeitures specified
25in ss. 29.314 (7), 29.334 (2), 29.604 (5) (a), 29.611 (11), 29.889 (10) (c) 2., 29.969,

129.971 (1) (a), (1m) (a), (3), (3m), (11g) (b), (11m) (b), and (11r) (b), 30.298 (1), (2), and
2(3), 30.49 (1) (a) and (c), 31.23 (2), 281.75 (19), 281.98 (1), 281.99 (2) (a) 1., 283.91 (2),
3285.41 (7), 285.57 (5), 285.59 (8), 285.87 (1), 287.95 (1), (2) (b), and (3) (b), 287.97,
4289.96 (2) and (3) (a), 291.97 (1), 292.99 (1) and (1m), 293.81, 293.87 (3) and (4) (a),
5295.19 (3) (a) and (b) 1., 295.37 (2), 295.79 (2) and (4), 299.15 (4), 299.51 (5), 299.53
6(4) (c) 1., 299.62 (3) (a) and (c), and 299.97 (1), if a regulated entity that qualifies
7under sub. (2) for participation in the Environmental Compliance Audit Program
8corrects violations that it discloses in a report that meets the requirements of sub.
9(3) within 90 days after the department receives the report that meets the
10requirements of sub. (3), the regulated entity may not be required to forfeit more than
11$500 for each violation, regardless of the number of days during which the violation
12continues.
SB1-SSA2,181,2313 4. Notwithstanding minimum or maximum forfeitures specified in ss. 29.314
14(7), 29.334 (2), 29.604 (5) (a), 29.611 (11), 29.889 (10) (c) 2., 29.969, 29.971 (1) (a), (1m)
15(a), (3), (3m), (11g) (b), (11m) (b), and (11r) (b), 30.298 (1), (2), and (3), 30.49 (1) (a) and
16(c), 31.23 (2), 281.75 (19), 281.98 (1), 281.99 (2) (a) 1., 283.91 (2), 285.41 (7), 285.57
17(5), 285.59 (8), 285.87 (1), 287.95 (1), (2) (b), and (3) (b), 287.97, 289.96 (2) and (3) (a),
18291.97 (1), 292.99 (1) and (1m), 293.81, 293.87 (3) and (4) (a), 295.19 (3) (a) and (b)
191., 295.37 (2), 295.79 (2) and (4), 299.15 (4), 299.51 (5), 299.53 (4) (c) 1., 299.62 (3) (a)
20and (c), and 299.97 (1), if the department approves a compliance schedule under sub.
21(6) and the regulated entity corrects the violations according to the compliance
22schedule, the regulated entity may not be required to forfeit more than $500 for each
23violation, regardless of the number of days during which the violation continues.
SB1-SSA2,98 24Section 98. 299.95 of the statutes is amended to read:
SB1-SSA2,182,17
1299.95 Enforcement; duty of department of justice; expenses. The
2attorney general shall enforce chs. 281 to 285 and 289 to 295 and this chapter, except
3ss. 285.57, 285.59, and 299.64, and all rules, special orders, licenses, plan approvals,
4permits, and water quality certifications of the department, except those
5promulgated or issued under ss. 285.57, 285.59, and 299.64 and except as provided
6in ss. 285.86 and 299.85 (7) (am). The Except as provided in s. 295.79 (1), the circuit
7court for Dane county or for any other county where a violation occurred in whole or
8in part has jurisdiction to enforce chs. 281 to 285 and 289 to 295 or this chapter or
9the rule, special order, license, plan approval, permit, or certification by injunctional
10and other relief appropriate for enforcement. For purposes of this proceeding where
11chs. 281 to 285 and 289 to 295 or this chapter or the rule, special order, license, plan
12approval, permit or certification prohibits in whole or in part any pollution, a
13violation is considered a public nuisance. The department of natural resources may
14enter into agreements with the department of justice to assist with the
15administration of chs. 281 to 285 and 289 to 295 and this chapter. Any funds paid
16to the department of justice under these agreements shall be credited to the
17appropriation account under s. 20.455 (1) (k).
SB1-SSA2,99 18Section 99. 323.60 (1) (gm) of the statutes is created to read:
SB1-SSA2,182,2019 323.60 (1) (gm) "Minerals" mean unbeneficiated metallic ore but does not
20include mineral aggregates such as stone, sand, and gravel.
SB1-SSA2,100 21Section 100. 323.60 (5) (d) 3. of the statutes is amended to read:
SB1-SSA2,183,622 323.60 (5) (d) 3. All facilities with 10 or more employees in major group
23classifications 10 to 13 in the standard industrial classification manual, 1987
24edition, published by the U.S. office of management and budget, at which a toxic
25chemical is used at or above an applicable threshold quantity, except that compliance

1with the toxic chemical release form requirements under this subdivision is not
2required for the placement of a toxic chemical in a storage or disposal site or facility
3that is located at a facility with a permit under ch. 293 or a mining permit under
4subch. III of ch. 295
if the toxic chemical consists of or is contained in merchantable
5by-products, as defined in s. 293.01 (7) or 295.41 (25), minerals as defined in s. 293.01
6(8)
, or refuse, as defined in s. 293.01 (25) or 295.41 (41).
SB1-SSA2,101 7Section 101. 706.01 (9) of the statutes is amended to read:
SB1-SSA2,183,108 706.01 (9) "Mining company" means any person or agent of a person who has
9a prospecting permit under s. 293.45 or a mining permit under s. 293.45 or 293.49
10or 295.58
.
SB1-SSA2,102 11Section 102. 710.02 (2) (d) of the statutes is amended to read:
SB1-SSA2,183,1312 710.02 (2) (d) An exploration mining lease as defined in s. 107.001 (1) and land
13used for mining and associated activities under chs. 293 and 295.
SB1-SSA2,103 14Section 103. Nonstatutory provisions.
SB1-SSA2,183,1515 (1) Rules.
SB1-SSA2,183,2216 (a) The department of natural resources shall promulgate rules revising
17chapters NR 130, 131, 132, and 182, Wisconsin Administrative Code, that are in
18effect on the effective date of this paragraph and revising any other rules
19promulgated under section 293.13 (1) (a) of the statutes that are in effect on the
20effective date of this paragraph to clarify that chapters NR 130, 131, 132, and 182,
21Wisconsin Administrative Code, and any other rules promulgated under section
22293.13 (1) (a) of the statutes do not apply to ferrous metallic mining.
SB1-SSA2,184,323 (b) The department of natural resources shall promulgate rules revising
24chapters NR 500 to 555 and 660 to 679, Wisconsin Administrative Code, that are in
25effect on the effective date of this paragraph and revising any other rules

1promulgated under sections 289.05 and 289.06 (1) of the statutes that are in effect
2on the effective date of this paragraph so that the rules are consistent with
3subchapter III of chapter 295, of the statutes, as created by this act.
SB1-SSA2,184,84 (c) The department of natural resources shall promulgate rules revising any
5rules of the department that are in effect on the effective date of this paragraph, in
6addition to the rules under paragraphs (a ) and (b), that provide exemptions for
7nonferrous mining or associated activities to provide the same exemptions for
8ferrous mining and associated activities.
SB1-SSA2,184,159 (d) The department of natural resources shall present the statement of scope
10of the rules required under paragraphs (a ) to (c) to the governor for approval under
11section 227.135 (2) of the statutes no later than the 30th day after the effective date
12of this paragraph. The department of natural resources shall submit in proposed
13form the rules required under paragraphs (a ) to (c) to the legislative council staff
14under section 227.15 (1) of the statutes no later than the first day of the 5th month
15beginning after the governor approves the statement of scope of the rules.
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