SB1,131,3
111. Any person upon request. The department's notice under this subdivision
2may be given through an electronic notification system established by the
3department.
SB1,131,44 12. The applicant.
SB1,131,75 13. Any other person to whom the department is required to give notice of any
6proposed determination, application, or hearing concerning an approval under the
7laws relating to the issuance of any approval or under s. 1.11.
SB1,131,138 (c) The department shall coordinate the public comment period for the mining
9permit with the public comment period for any other approval for the mining
10operation, except that if an application for an approval is filed too late to allow public
11comment within the public comment period for the mining permit, the department
12shall issue separate notice, as described in par. (b), for the approval after the
13application is filed.
SB1,132,3 14(5) Informational hearing. The department shall hold a public informational
15hearing before it approves or denies an application for a mining permit and not less
16than 30 days after the date of the publication of the notice under sub. (4) (b). The
17department shall hold the public informational hearing in the county where the
18majority of the proposed mining site is located. The department shall hold a single
19public informational hearing covering the mining permit, all other approvals, and
20the environmental impact statement, except that if an application for an approval
21is filed too late to allow the application to be considered at the public informational
22hearing for the mining permit, the department shall hold a separate public
23informational hearing on the approval in the county where the majority of the
24proposed mining site is located not less than 30 days after the date of the publication
25of the notice under sub. (4) (b) for the approval. The public informational hearing

1under this subsection is not a contested case hearing under ch. 227. At the hearing,
2the department shall take testimony on all of the following with regard to any
3proposed withdrawal of groundwater or surface water:
SB1,132,54 (a) The public rights in any body of water and the related environment that may
5be injured by the proposed withdrawal of groundwater or surface water.
SB1,132,76 (b) The public benefits provided by increased employment, economic activity,
7and tax revenues from the proposed mining operation.
SB1,132,98 (c) The direct and indirect social and economic costs and benefits of the
9proposed mining operation.
SB1,132,1110 (d) Whether the proposed withdrawal of groundwater or surface water will
11consume nonsurplus water.
SB1,132,1212 (e) The rights of competing users of the groundwater or surface water.
SB1,132,1413 (f) Any other water withdrawal issues identified by the department as relevant
14to the decision of whether to issue or deny a permit.
SB1,132,18 15(6) Summary. After considering the comments received under subs. (4) and (5)
16and before acting on the application for the mining permit, the department shall
17prepare a summary of the comments and the department's response to the
18comments.
SB1,133,2 19(7) Deadline for acting on mining permit application. (a) No more than 420
20days after the day on which the application for a mining permit is administratively
21complete under sub. (2), the department shall approve the application, and issue a
22mining permit, or deny the application, in accordance with s. 295.58, unless the
23department and the applicant agree to extend the deadline. The department and the
24applicant may agree to not more than one extension and that extension may not

1exceed 60 days. The department and the applicant may enter into an extension only
2if one of the following applies:
SB1,133,43 1. An extension is necessary to enable the department and the U.S. Army Corps
4of Engineers to jointly prepare their environmental impact statements.
SB1,133,65 2. New information or a change to the mining proposal necessitates additional
6time to review the application.
SB1,133,97 (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) and (d) that were paid by the applicant.
SB1,133,1610 (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).
SB1,133,22 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), the department shall approve the
21application, and issue the approval, or deny the application no later than the
22deadline under sub. (7) (a), including any extension agreed to by the applicant.
SB1,134,423 (b) Except as provided in par. (c) if an applicant files an application for an
24approval other than a mining permit more than 60 days after the day on which the
25application for the mining permit is administratively complete under sub. (2), the

1deadline for acting on the application is extended beyond the deadline under sub. (7)
2(a), including any extension agreed to by the applicant, by the number of days beyond
3the 60th day after the day on which the application for the mining permit is
4administratively complete that the applicant files the application for the approval.
SB1,134,75 (c) The deadlines in pars. (a) and (b) do not apply to the application for an air
6pollution control permit under s. 285.62 for which the department receives an
7objection from the federal environmental protection agency under s. 285.62 (6).
SB1,134,118 (d) The department shall incorporate an approval other than a mining permit
9into a single document with the mining permit, unless the application for the
10approval was filed more than 60 days after the day on which the application for the
11mining permit is administratively complete under sub. (2).
SB1,134,17 12(8m) Submission of technical review to Great Lakes regional body. If an
13applicant files an application under s. 281.346 for an approval for a withdrawal of
14surface water or groundwater that is subject to regional review or council approval,
15the department shall provide its technical review, as defined in s. 281.346 (1) (u), to
16the regional body, as defined in s. 281.346 (1) (q), no later than 90 days after the
17applicant files the application for the approval.
SB1,135,2 18(9) Applicable procedure. The provisions of this section and ss. 295.58 (5) and
19(6) and 295.77 concerning public notice, comment, and hearing; issuance of
20department decisions; effective date of department decisions; and review of
21department decisions; and the duration of approvals apply to any approval,
22notwithstanding any provisions related to those matters in s. 44.40 or 169.25, subch.
23I or VI of ch. 77, ch. 23, 29, 30, 31, 169, 281, 283, 285, 289, or 291, or rules promulgated
24under those provisions, except as provided in s. 281.343 (7r) and except that if a
25withdrawal of surface water or groundwater is subject to regional review or council

1approval under s. 281.346, the applicable provisions related to regional review or
2council approval apply.
SB1,135,6 3295.58 Mining; department grant or denial of permit. (1) Criteria for
4approval.
(a) Except as provided in sub. (2) and except with respect to property
5specified in s. 41.41 (11), the department shall issue a mining permit if it finds all of
6the following:
SB1,135,87 1. That the mining plan and reclamation plan are reasonably certain to result
8in reclamation of the mining site consistent with this subchapter.
SB1,135,109 2. That the waste site feasibility study and plan of operation complies with s.
10295.51.
SB1,135,1211 3. That the applicant has committed to conducting the proposed mining in
12compliance with the mining permit and any other approvals issued for the mining.
SB1,135,1613 3m. That the proposed mining is likely to meet or exceed the regulations that
14apply to municipal floodplain zoning ordinances contained in the uniform rules
15promulgated by the department for preparation and implementation of municipal
16floodplain zoning ordinances.
SB1,135,1817 4. That the proposed mining is not likely to result in substantial adverse
18impacts to public health, safety, or welfare.
SB1,135,2019 5. That the proposed mining will result in a net positive economic impact in the
20area reasonably expected to be most impacted by the mining.
SB1,135,2221 6. That the applicant has applied for all necessary zoning approvals applicable
22to the proposed mining.
SB1,136,723 (b) The department shall approve or deny an application for a mining permit
24in writing and shall include the reasons for its decision with clarity and in detail.
25The department may modify the applicant's proposed mining plan, reclamation plan,

1or mining waste site feasibility study and plan of operation in order to meet the
2requirements of this subchapter, and, as modified, approve the application. The
3approval of the application for a mining permit constitutes the approval of the
4mining plan, reclamation plan, and waste site feasibility study and plan of operation.
5In its decision on the application for a mining permit, the department shall include
6a final decision on compliance with s. 1.11 and the requirements of s. 295.53,
7discussing all of the following:
SB1,136,98 1. Whether the department has considered the environmental impact
9statement and comments received on it.
SB1,136,1010 2. Whether the department has complied with ss. 1.11 and 295.53.
SB1,136,1311 3. Whether, consistent with social, economic, and other essential
12considerations, the department has adopted all practicable means within its
13authority to avoid or minimize any harm to the environment and, if not, why not.
SB1,136,15 14(2) Criteria for denial. The department shall deny the mining permit if it
15finds any of the following:
SB1,136,1616 (a) That the site is unsuitable for mining.
SB1,136,1817 (b) That the proposed mining may reasonably be expected to create any of the
18following situations:
SB1,136,2219 1. Hazards resulting in irreparable, substantial physical damage to any of the
20following that cannot be prevented under the requirements of this subchapter,
21avoided to the extent practicable by removal from the area of hazard, or offset by
22purchase or by obtaining the consent of the owner:
SB1,136,2323 a. A dwelling house.
SB1,136,2424 b. A public building.
SB1,136,2525 c. A school.
SB1,137,1
1d. A church.
SB1,137,22 e. A cemetery.
SB1,137,33 f. A commercial or institutional building.
SB1,137,44 g. A public road.
SB1,137,95 2. Irreparable substantial environmental damage to lake or stream bodies
6despite adherence to the requirements of this subchapter. This subdivision does not
7apply to an activity that the department has authorized under statute, except that
8the destruction or filling in of a lake bed may not be authorized unless it is authorized
9under s. 295.60, 295.605, or 295.61.
SB1,137,1210 3. Landslides or substantial deposition from the proposed mining operation in
11stream or lake beds which cannot feasibly be prevented and which have not been
12authorized under s. 295.60 or 295.605.
SB1,137,1413 (c) That the applicant has violated, and continues to fail to comply with, this
14subchapter.
SB1,137,2015 (d) Subject to sub. (3), that the applicant, principal shareholder of the
16applicant, or a related person has within 10 years before the application is submitted
17forfeited a mining reclamation bond that was posted in accordance with a permit or
18other authorization for a mining operation in the United States, unless the forfeiture
19was by agreement with the entity for whose benefit the bond was posted and the
20amount of the bond was sufficient to cover all costs of reclamation.
SB1,137,2521 (e) Subject to sub. (3), that the applicant, a related person, or an officer or
22director of the applicant has, within 10 years before the application is submitted,
23been convicted of more than one felony for violations of laws for the protection of the
24natural environment arising out of the operation of a mining site in the United
25States, unless one of the following applies:
SB1,138,1
11. The person convicted has been pardoned for all of the felonies.
SB1,138,32 2. The person convicted is a related person or an officer or director of the
3applicant with whom the applicant terminates its relationship.
SB1,138,64 3. The applicant included in its permit application under s. 295.47 a plan to
5prevent the occurrence in this state of events similar to the events that directly
6resulted in the convictions.
SB1,138,117 (f) Subject to sub. (3), that the applicant or a related person has, within 10 years
8before the application is submitted, declared bankruptcy or undergone dissolution
9that resulted in the failure to reclaim a mining site in the United States in violation
10of a state or federal law and that failure has not been remedied and is not being
11remedied.
SB1,138,1612 (g) Subject to sub. (3), that, within 10 years before the application is submitted,
13a mining permit or other authorization for mining issued to the applicant or a related
14person was permanently revoked because of a failure to reclaim a mining site in the
15United States in violation of state or federal law and that failure has not been and
16is not being remedied.
SB1,138,24 17(3) Exception from denial criteria. The department may not deny a mining
18permit under sub. (2) (d) to (g) if the person subject to the convictions, forfeiture,
19permanent revocation, bankruptcy, or dissolution is a related person but the
20applicant shows that the person was not the parent corporation of the applicant, a
21person that holds more than a 30 percent ownership in the applicant, or a subsidiary
22or affiliate of the applicant in which the applicant holds more than a 30 percent
23interest at the time of the convictions, forfeiture, permanent revocation, bankruptcy,
24or dissolution.
SB1,139,3
1(4) Statement. The department shall send a statement as to whether the
2applicant has satisfied the requirements of this subchapter to the applicant and to
3the other persons specified in s. 295.57 (4) (b) 1. to 9.
SB1,139,5 4(5) Duration of approvals. (a) A mining permit is valid for the life of the
5mining project, subject to the enforcement provisions under s. 295.79.
SB1,139,76 (b) An approval under s. 295.60 or 295.61 remains valid for the life of the mining
7project, subject to the enforcement provisions under s. 295.79.
SB1,139,118 (c) An approval issued for a mining project under ch. 23, 29, 30, 31, 169, 281,
9283, 285, 289, or 291, except for a permit under ch. 283 or 285 that is subject to a
10federal requirement limiting its duration, remains valid for the life of the mining
11project, subject to the enforcement provisions applicable to the approval.
SB1,139,13 12(6) Effective date of approvals. A mining permit and any other approval is
13issued upon mailing and is final and effective upon issuance.
SB1,139,18 14(7) Merchantable by-products. In a mining permit, the department shall
15require the operator to treat merchantable by-products as refuse if after 3 years from
16the time the merchantable by-products result from or are displaced by mining the
17material has not been transported off the mining site, unless removal is continuing
18at a rate of more than 12,000 cubic yards per year.
SB1,140,2 19(8) General contractor or affiliate. No operator may engage a general
20contractor or affiliate to operate a mining site if the general contractor or affiliate has
21been convicted of more than one felony for violation of a law for the protection of the
22natural environment arising out of the operation of a mining site in the United States
23within 10 years before the issuance of the operator's mining permit, unless the
24general contractor or affiliate receives the department's approval of a plan to prevent

1the occurrence in this state of events similar to the events that directly resulted in
2the convictions.
SB1,140,6 3295.59 Bonds and other security. (1) Security for reclamation. (a) Upon
4notification that an application for a mining permit has been approved by the
5department but before beginning mining, the operator shall furnish one of the
6following to the department:
SB1,140,97 1. A bond, furnished by a surety company licensed to do business in this state,
8conditioned on faithful performance of all of the requirements of this subchapter and
9all rules adopted by the department under this subchapter.
SB1,140,1010 2. Cash.
SB1,140,1111 3. Certificates of deposit.
SB1,140,1212 4. Government securities.
SB1,140,1413 (b) The department shall pay to the operator interest received on certificates
14of deposit or government securities furnished under par. (a).
SB1,140,2315 (c) The operator shall furnish the security required under par. (a) in the amount
16equal to the estimated cost to the state of fulfilling the reclamation plan, other than
17the cost of long-term care of the mining waste site, in relation to the portion of the
18mining site that will be disturbed by the end of the following year. The department
19shall determine the estimated cost of reclamation of each mining site on the basis of
20relevant factors, including the character and nature of the lands to be reclaimed, the
21future suitable use of the land involved, the topography of the mining site, the
22methods of reclamation being employed, the depth and composition of overburden,
23and the depth of the ferrous mineral deposit being mined.
SB1,141,6 24(2) Certificate of insurance. The operator shall submit a certificate of
25insurance certifying that the applicant has in force a liability insurance policy issued

1by an insurer authorized to do business in this state or, in lieu of a certificate of
2insurance, evidence that the applicant has satisfied state or federal self-insurance
3requirements, covering all mining operations of the operator in this state and
4affording personal injury and property damage protection in a total amount
5determined to be adequate by the department but not more than $1,000,000 and not
6less than $50,000.
SB1,141,12 7(2m) Proof of financial responsibility for long-term care of mining waste
8site.
An operator shall maintain proof of financial responsibility ensuring the
9availability of funds for compliance with the long-term care requirements specified
10in the waste site feasibility study and plan of operation for a period of 40 years after
11closing of the mining waste site. The operator shall furnish the proof of financial
12responsibility to the department in one of the following forms:
SB1,141,1313 (a) A bond.
SB1,141,1414 (b) Cash.
SB1,141,1515 (c) Certificates of deposit.
SB1,141,1616 (d) Government securities.
SB1,141,1717 (e) Insurance.
SB1,141,22 18(3) Written authorization to mine. Upon approval of the operator's bonds or
19other security under subs. (1) and (2m), mining application, and certificate of
20insurance, the department shall issue written authorization to begin mining at the
21permitted mining site in accordance with the approved mining plan, reclamation
22plan, and mining waste site feasibility study and plan of operation.
SB1,142,7 23(4) Reclamation bond for more than one mining site. Any operator who
24obtains mining permits from the department for 2 or more mining sites may elect,
25at the time that the mining permit for the 2nd or any subsequent mining site is

1approved, to post a single bond under sub. (1) in lieu of separate bonds for each
2mining site. An operator who chooses to post a single bond under this subsection
3shall post a bond in an amount equal to the estimated cost to the state determined
4under sub. (1) of reclaiming all mining sites the operator has under mining permits.
5When an operator elects to post a single bond in lieu of separate bonds previously
6posted on individual mining sites, the department may not release the separate
7bonds until the department accepts the new bond.
SB1,142,12 8(5) Review of amounts. If an operator disagrees with the amount of the bonds
9or other security that the department requires under this section, the operator may
10seek review under s. 295.77 (3) of the amount required. The operator may post a bond
11or other security in the amount required by the department and begin mining
12without forfeiting its right to seek review.
SB1,142,13 13295.60 Impacts to wetlands. (1) Definitions. In this section:
SB1,142,1614 (a) "Artificial wetland" means a landscape feature where hydrophytic
15vegetation may be present as a result of human modifications to the landscape or
16hydrology and for which there is no prior wetland or stream history.
SB1,142,1917 (b) "Ceded territory" means the territory in Wisconsin ceded by the Chippewa
18Indians to the United States in the treaty of 1837, 7 Stat. 536, and the treaty of 1842,
197 Stat. 591.
SB1,142,2120 (c) "Federal wetland" means a wetland that is subject to federal jurisdiction
21under 33 USC 1344.
SB1,142,2322 (d) "Fill material" has the meaning given in 33 CFR 323.2 (e), as the meaning
23exists on July 1, 2012.
SB1,142,2524 (e) "Mitigation" means the restoration, enhancement, creation, or preservation
25of wetlands to compensate for adverse impacts to other wetlands.
SB1,143,4
1(f) "Mitigation bank" means a system of accounting for wetland loss and
2compensation that includes one or more sites where wetlands are restored,
3enhanced, created, or preserved to provide credits to be subsequently applied or
4purchased in order to compensate for adverse impacts to other wetlands.
SB1,143,65 (g) "On-site location" means a location that is on a mining site or within
6one-half mile of an outer boundary of a mining site.
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