SB3: Bill Text

LRB-1789/1

RCT:kmg:jlb

1997 - 1998 LEGISLATURE

1997 Senate BILL 3

January 15, 1997 - Introduced by Senators Shibilski, Burke, Clausing, Decker, Grobschmidt, Jauch, Plache, C. Potter, Risser, Wineke, Wirch and Moore, cosponsored by Representatives Black, Baldwin, Baumgart, Bock, Carpenter, Krug, Notestein, R. Potter, Riley, Springer, Turner, R. Young, Vander Loop, La Fave, Robson, Meyer, Hanson, Ryba, Murat, Travis, Cullen, Plouff, Reynolds, Hebl and Lorge. Referred to Committee on Agriculture and Environmental Resources.

SB3,1,3 An Act to amend 293.49 (1) (a) (intro.); and to create 293.50 of the statutes; relating to: issuance of metallic mining permits for the mining of sulfide ore bodies.

Analysis by the Legislative Reference Bureau

Current law prohibits mining for metallic minerals without a mining permit issued by the department of natural resources (DNR). This bill prohibits DNR from issuing a metallic mining permit for the mining of a sulfide ore body until DNR determines that a mine has operated in a similar sulfide ore body in the United States or Canada for at least 10 years without polluting groundwater or surface water and that a mine that operated in a similar sulfide ore body in the United States or Canada has been closed for at least 10 years without polluting groundwater or surface water.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB3, s. 1 Section 1. 293.49 (1) (a) (intro.) of the statutes is amended to read:

SB3,2,3 293.49 (1) (a) (intro.) Except as provided in sub. (2) and s. 293.50 and except with respect to property specified in s. 41.41 (11), within 90 days of the completion of the public hearing record, the department shall issue the mining permit if it finds:

SB3, s. 2 Section 2. 293.50 of the statutes is created to read:

SB3,2,7 293.50 Moratorium on issuance of permits for mining of sulfide ore bodies. (1) In this section, "sulfide ore body" means a mineral deposit in which metals are mixed with sulfide minerals.

SB3,2,10 (2) Beginning on the effective date of this subsection .... [revisor inserts date], the department may not issue a permit under s. 293.49 for the mining of a sulfide ore body until all of the following conditions are satisfied:

SB3,2,15 (a) The department determines, based on information provided by an applicant for a permit under s. 293.49, that a mining operation has operated in a sulfide ore body of similar geological characteristics in the United States or Canada for at least 10 years without the pollution of groundwater or surface water from acid drainage at the tailings site or at the mine site or from the release of heavy metals.

SB3,2,21 (b) The department determines, based on information provided by an applicant for a permit under s. 293.49, that a mining operation that operated in a sulfide ore body of similar geological characteristics in the United States or Canada has been closed for at least 10 years without the pollution of groundwater or surface water from acid drainage at the tailings site or at the mine site or from the release of heavy metals.

SB3,2,23 (3) This section applies without regard to the date of submission of the permit application.

SB3,2,24 (End)