LRB-1166/1
RCT:kmg:aj
1995 - 1996 LEGISLATURE
April 28, 1995 - Introduced by Representatives Black, Reynolds, Notestein,
Baldwin, Dueholm, Boyle, R. Potter, Bock, Hanson, Travis, R. Young,
Springer, Plombon, Carpenter, Wilder
and Vander Loop, cosponsored by
Senators Clausing, C. Potter, Decker, Burke and Chvala, by request of Wolf
River Territory Business Association; Arrowhead High School Save the Earth
Club; Muskies Inc.; American Association of Retired Persons; Wisconsin
Wildlife Federation; Menominee Indian Tribe of Wisconsin; The Servite
Center for Life; Oneida Environmental Resources Board; Wisconsin Trout
Unlimited; The River Alliance of Wisconsin; Izaak Walton League of
Wisconsin; Northeast Wisconsin Environmental Network; Rolling Stone Lake
Protection and Rehabilitation District; Mining Impact Coalition of Wisconsin,
Inc.; Post Lake Protection and Rehabilitation District; Greenpeace; UW Eau
Claire Student Environmental Action Coalition; John Muir Chapter Sierra
Club; Anishinaabe Niijii; Watershed Alliance for Environmental
Responsibility; UW Stevens Point Environmental Council; Pikeral Crane
Lake Protection and Rehabilitation District; Environmentally Concerned
Citizens of the Lakeland Area (ECCOLA); Shoreline Park Preservation, Inc.;
Mining Impact Coalition of Dane County; Honor Our Neighbors and
Resources (HONOR); Wisconsin's Environmental Decade; Citizens for
Responsible Government; Grey Panthers of Wisconsin; Mining Impact
Coalition of Southeast Wisconsin; Citizens for a Better Environment;
Northwoods Conservation Association; Wisconsin Greens; Outdoor and
Environmental Club of Beloit College; Wisconsin Resources Protection
Council; Center for Alternative Mining Development Policy; Four Lakes
Group Sierra Club; St. Croix Valley Greens; Superior Wilderness Action
Network; University of Wisconsin Greens; Wolf River Trout Unlimited;
Progressive Student Network; Wolf River Lakes and Stream Association;
Wisconsin Environmental Law Society; Milwaukee Area Greens Mining Task
Force; Midwest Office Sierra Club; Wolf River Watershed Allliance; Clean
Water Action Council of Northeast Wisconsin; Rusk County Citizen Action
Group, Inc.; Wolf River Conservation Club; Midwest Headwaters Earth First!;
Public and Environmental Affairs Council; Forest County Potawatomi Tribe;
UW Whitewater Environmental Federation; Wisconsin Public Interest
Research Group (WISPIRG); Izaak Walton League -- Milwaukee Chapter;
Lake Michigan Federation; Kids for Clean Water; UW Stevens Point Chapter
of the Wildlife Society; Aldo Leopold Chapter - Society For Conservation
Biology; Audubon Council of Wisconsin; Madison Audubon; Environmental
Affairs UWGB; Round River Alliance; Northeast Wisconsin Audubon; and
Northern Thunder. Referred to Committee on Environment and Utilities.
AB338,2,3
1An Act to repeal 144.83 (4) (j); to amend 144.83 (title); and to create 144.83 (7)
2of the statutes; relating to: exemptions from rules regulating mining and
3regulating the storage and disposal of mining waste.
Analysis by the Legislative Reference Bureau
Under current law, the department of natural resources (DNR) regulates
prospecting for and mining of metallic minerals. DNR promulgates rules to regulate
prospecting and mining, including rules to ensure that prospecting and mining are
conducted in a way that protects the environment and rules requiring the
reclamation of prospecting and mining sites. DNR also promulgates rules regulating
the storage and disposal of solid waste. Current law authorizes DNR to promulgate
rules under which DNR may grant exceptions to its rules regulating prospecting and
mining and its rules regulating the storage and disposal of solid waste as they relate
to solid waste that is mining waste, as long as the exceptions do not result in the
violation of a state or federal environmental law or endanger public health, safety
or welfare or the environment.
This bill prohibits DNR from granting exceptions to its rules regulating
prospecting and mining. The bill also prohibits DNR from granting exceptions to its
rules regulating the storage and disposal of solid waste as they relate to solid waste
that is mining waste.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB338, s. 1 4Section 1. 144.83 (title) of the statutes is amended to read:
AB338,2,5 5144.83 (title) Department powers and duties ; limitations.
AB338, s. 2 6Section 2. 144.83 (4) (j) of the statutes is repealed.
AB338, s. 3 7Section 3. 144.83 (7) of the statutes is created to read:
AB338,2,108 144.83 (7) (a) The department may not grant an exemption, modification or
9variance that makes less restrictive a requirement in a rule promulgated under this
10subchapter.
AB338,3,211 (b) The department may not grant an exemption, modification or variance that
12makes less restrictive a requirement in a rule promulgated under subch. IV as the

1requirement relates to the storage or disposal of solid waste from mining or
2prospecting.
AB338,3,33 (End)
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