AB499,16,11 7(12) Notwithstanding any inconsistent period in ch. 23, 29, 30, 31, 169, 281,
8283, 285, 289, or 291 or in a rule promulgated under those chapters that is applicable
9to an approval identified under sub. (4), the department shall approve or deny an
10application within 30 days after the day on which the application is considered to be
11complete under sub. (8) if any of the following applies:
AB499,16,1412 (a) The application is for a waiver, exemption, or exception to an approval for
13a bulk sampling activity or for a determination that the proposed bulk sampling
14activity is below the threshold that requires an approval.
AB499,16,1615 (b) The application is for a determination of eligibility for coverage or
16authorization to proceed under a general permit or a registration permit.
AB499,16,24 17(13) (a) Notwithstanding any inconsistent period in ch. 23, 29, 30, 31, 169, 281,
18283, 285, 289, or 291 or in a rule promulgated under those chapters that is applicable
19to an approval identified under sub. (4), the department shall approve or deny any
20application for an approval identified under sub. (4) to which sub. (12) does not apply
21within 60 days after the date on which the application is considered to be complete
22under sub. (8), unless the application is for an individual permit for which federal law
23requires the opportunity for public comment or the ability to request a public hearing
24prior to issuance of the approval.
AB499,17,10
1(b) The department shall publish a class 1 notice, under ch. 985, and shall
2publish notice on the department's Internet site, that describes the availability of
3information concerning the activity for which an approval described in par. (a) is
4required, its proposed decision, its draft approval, information or summaries related
5to the approval, the department's analyses and preliminary determinations relating
6to the approval, any additional information that a law concerning the approval
7requires to be made available, and the opportunity to submit written comments
8within 30 days after the date of the publication of the notice. The date on which the
9department first publishes the notice on its Internet site shall be considered the date
10of the publication of the notice required to be published under this paragraph.
AB499,17,1811 (c) In the notice under par. (b), the department shall also specify the date, time,
12and location of the public informational hearing under par. (e). The department shall
13send the notice to any person to whom the department is required to give notice of
14any proposed determination, application, or hearing concerning an approval
15described in par. (a) under the laws relating to the issuance of the approval and to
16any person who has requested notice. The department's notice to interested persons
17under this paragraph may be given through an electronic notification system
18established by the department.
AB499,17,2519 (d) If there is more than one approval described in par. (a), the department shall
20issue one notice and coordinate the public comment period for all of the approvals.
21If possible, the department shall coordinate the notice and the public comment
22period for an approval that is an individual permit for which federal law requires the
23opportunity for public comment or the ability to request a public hearing prior to
24issuance of the approval with notice and the public comment period for the approvals
25described in par. (a).
AB499,18,11
1(e) The department shall hold a public informational hearing within 30 days
2after the date of the publication of the notice under par. (b). The department shall
3hold the public informational hearing in the county where the majority of the
4proposed bulk sampling site is located. If there is more than one approval described
5in par. (a), the department shall hold a single public informational hearing covering
6all of the approvals. If possible, the department shall include consideration of an
7approval that is an individual permit for which federal law requires the opportunity
8for public comment or the ability to request a public hearing prior to issuance of the
9approval in the public informational hearing under this paragraph. The public
10informational hearing under this paragraph is not a contested case hearing under
11ch. 227.
AB499,18,18 12(14) (a) If it is not possible to coordinate the public comment period and public
13informational hearing for an approval that is an individual permit for which federal
14law requires the opportunity for public comment or the ability to request a public
15hearing prior to issuance of the approval with the public comment period and public
16informational hearing under sub. (13), the department shall issue a separate public
17notice and hold a separate public informational hearing for the approval in
18accordance with the law governing the approval.
AB499,18,2319 (b) The department shall approve or deny the application for an approval that
20is an individual permit for which federal law requires the opportunity for public
21comment or the ability to request a public hearing prior to issuance of the approval
22within 180 days after the date on which the application is considered to be complete
23under sub. (8).
AB499,18,25 24(15) An approval identified under sub. (4) is issued upon mailing and is final
25and effective upon issuance.
AB499,19,3
1(16) The department is not required to prepare an environmental impact
2statement or an environmental assessment for an approval required for bulk
3sampling.
AB499,17 4Section 17 . 293.31 (title) of the statutes is amended to read:
AB499,19,5 5293.31 (title) Data Preapplication notification; data collection.
AB499,18 6Section 18 . 293.31 (1) of the statutes is amended to read:
AB499,20,157 293.31 (1) Any At least 12 months before filing an application for a prospecting
8permit under s. 293.35 or a mining permit under s. 293.37, a person proposing to
9engage in a prospecting or mining project shall notify the department in writing of
10the intention to apply for a prospecting or mining permit. A person who intends to
11give notice of intent to apply for a prospecting or mining permit may, prior to
12obtaining, collecting, or generating environmental data intended to be used to
13support the permit application, submit to the department the methodology that the
14person intends to use in obtaining, collecting, or generating the data. The
15department shall review the proposed methodology and shall either inform the
16person that the proposed methodology will be accepted by the department or provide
17the person with the methodology that the department requires to be used. The
18department may assess the person submitting the proposed methodology a fee equal
19to the department's costs for reviewing the proposed methodology. If a
person
20intending to submit an application for a prospecting or mining permit shall notify the
21department prior to the collection of
obtains, collects, or generates data or
22information intended to be used to support the a prospecting or mining permit
23application. Specific environmental data which would be pertinent to a specific
24prospecting or mining application, but which was obtained or collected or generated
25prior to the notice of intent to apply for a prospecting or mining permit, shall be

1submitted in writing to the department together with any substantiating
2background information which would assist the department in establishing the
3validity of the data. The department shall review the data and, if it concludes that
4the benefits of permitting the admission of the data outweigh the policy reasons for
5excluding it, and if the data is otherwise admissible, inform the person giving the
6notice of intent to prospect or mine that the data will be accepted by the department.
7Such exclusion shall not relate to
without obtaining department approval of the
8person's methodology under sub. (4), the department may not exclude any of the data
9or information that consists of
general environmental information such as soil
10characteristics, hydrologic conditions, and air and water data contained in
11publications, maps, documents, studies, reports, and similar sources, whether public
12or private, not prepared by or for the applicant. Such exclusion shall likewise not
13relate to data which is otherwise admissible that is collected prior to notification
14under this subsection for purposes of evaluating another site or sites and which is
15not collected with intent to evade the provisions of this section.
AB499,19 16Section 19 . 293.31 (2) of the statutes is amended to read:
AB499,20,1917 293.31 (2) Upon receipt of notification under sub. (1), the department shall give
18public notice of the notification in the same manner as provided under s. 293.43 (3)
19(2m) (b).
AB499,20 20Section 20 . 293.31 (3) of the statutes is amended to read:
AB499,21,321 293.31 (3) The department shall also receive and consider any comments from
22interested persons received within 45 days after public notice is given under sub. (2)
23as to the information which they believe should be requested from the person giving
24notice of intent to apply for a prospecting or mining permit and the information
25which they believe the department should seek through independent studies. If the

1department holds a public informational hearing to receive comments from
2interested persons under this section, the hearing shall be completed within 45 days
3after public notice is given under sub. (2).
AB499,21 4Section 21 . 293.31 (4) of the statutes is amended to read:
AB499,21,215 293.31 (4) After No later than 90 days after the receipt period for receiving and
6consideration of considering comments from interested persons under sub. (3), the
7department shall inform the person giving notice of intent to apply for a prospecting
8or mining permit of the type and quantity of information that it then believes to be
9needed to support an application, and, where applicable, the methodology to be used
10in gathering information. The department shall specifically inform the person giving
11notice of intent to apply for a prospecting or mining permit of the type and quantity
12of information on the characteristics of groundwater resources in the area in which
13prospecting or mining is anticipated to occur which the department believes is
14needed to support an application, including the information that the department
15believes should be included in the applicant's environmental impact report and the
16information that the department will need to prepare an environmental impact
17statement
. The department shall also begin informing inform the person giving
18notice of intent to apply for a prospecting or mining permit as to of the timely
19application date and other filing requirements for all other approvals, licenses, and
20permits, so as to facilitate the consideration of all other matters at the hearing on the
21prospecting or mining permit
relating to the proposed prospecting or mining project.
AB499,22 22Section 22 . 293.31 (4m) of the statutes is created to read:
AB499,22,923 293.31 (4m) Before providing the information required under sub. (4), the
24department shall seek to enter into a memorandum of understanding with the
25applicant, the U.S. army corps of engineers, and any other federal regulatory agency

1with responsibilities related to the potential prospecting or mining operation to
2address sampling methodology and any other issue of mutual concern related to
3processing an application for a prospecting or mining permit. The memorandum
4may include an agreement between the department and the applicant relating to
5timelines, including timelines for the parties to conduct environmental studies and
6for granting or denying the prospecting or mining permit. The U.S. army corps of
7engineers, and any other federal agency that is a party to the memorandum, is not
8required to be a party to any agreement relating to timelines between the
9department and the applicant.
AB499,23 10Section 23 . 293.32 (4) of the statutes is created to read:
AB499,22,1311 293.32 (4) Subchapter VI of ch. 289 does not apply to mining waste disposed
12of in a mining waste site covered by a mining permit, except that an operator shall
13pay the fees specified in ss. 289.63 (4), 289.64 (3), and 289.67 (1) (d).
AB499,24 14Section 24 . 293.37 (5) of the statutes is created to read:
AB499,22,2015 293.37 (5) If the department requires an applicant for a mining permit to
16conduct engineering and hydrologic modeling to assess a mining waste site's
17performance relative to compliance with applicable groundwater quality standards
18and surface water quality standards, the department may not require the applicant
19to examine a period longer than the period in which the mining waste site is proposed
20to operate plus 250 years after closure of the mining waste site.
AB499,25 21Section 25 . 293.40 of the statutes is created to read:
AB499,23,3 22293.40 Timeline for review. (1) Subject to subs. (4) and (5), within 180 days
23after an applicant submits an application for a prospecting or mining permit, an
24environmental impact report, if required, and any applications for other approvals,
25licenses, or permits relating to the prospecting or mining operation the department

1shall review the information submitted and, if necessary, provide comments to the
2applicant and request additional information from the applicant relating to the
3proposed prospecting or mining project.
AB499,23,9 4(2) Subject to subs. (4) and (5), if the department requests additional
5information from an applicant under sub. (1), within 90 days after the applicant
6provides additional information the department shall review the information
7submitted and, if necessary, provide comments to the applicant and request
8additional information from the applicant relating to the proposed prospecting or
9mining project.
AB499,23,20 10(3) Subject to sub. (5), if the department requests additional information from
11an applicant under sub. (2), within 180 days after the applicant provides additional
12information the department shall prepare a draft environmental impact statement,
13a draft prospecting or mining permit, and draft approvals, licenses, or permits
14relating to the prospecting or mining operation. If the department requests
15additional information from an applicant under sub. (1) but not under sub. (2), the
16department shall prepare these draft documents within 180 days after the expiration
17of the 90-day period under sub. (2). If the department does not request additional
18information from an applicant under sub. (1) or sub. (2), the department shall
19prepare these draft documents within 180 days after the expiration of the 180-day
20period under sub. (1).
AB499,24,6 21(4) Subject to sub. (5), if before the expiration of the 90-day period under sub.
22(2) the secretary of the department determines that the applicant has made a
23substantial modification to the mining or prospecting plan that significantly changes
24the information necessary to prepare an environmental impact statement or
25adequately review an application, the department shall notify the applicant of the

1secretary's determination and request additional information from the applicant.
2Upon the applicant's submission of additional information, the timeline under this
3section shall begin again, starting with the period described in sub. (1). A
4determination by the secretary under this subsection is not subject to administrative
5or judicial review and may be made only once during an applicant's permitting
6process.
AB499,24,8 7(5) The department and the applicant may agree to modify all or part of the
8timeline under this section.
AB499,24,14 9(6) The department may request additional information needed to process a
10prospecting or mining permit application or any other application for an approval,
11license, or permit related to the prospecting or mining operation after making
12requests for additional information under this section, but the department may not
13delay the application and review process based on another request for additional
14information.
AB499,26 15Section 26 . 293.43 (1) of the statutes is amended to read:
AB499,24,1716 293.43 (1) Applicability. This section, and ch. 227 where it is not inconsistent,
17shall govern all hearings on applications for prospecting or mining permits.
AB499,27 18Section 27 . 293.43 (1m) (b) of the statutes is amended to read:
AB499,25,1019 293.43 (1m) (b) Except as provided in this paragraph section, for all
20department issued approvals, licenses, and permits relating to prospecting or
21mining, including solid waste feasibility report approvals and permits related to air
22and water, to be issued after April 30, 1980, the notice, hearing , and comment
23provisions, if any, process and the time for issuance of decisions, shall be controlled
24by this section and ss. 293.45 and 293.49. If an applicant fails to make application
25for an approval, license or permit for an activity incidental to prospecting or mining

1in time for notice under this section to be provided, the notice and comment

2requirements, if any, shall be controlled by the specific statutory provisions with
3respect to that application. If notice under those specific statutory notice
4requirements can be given for consideration of the approval, license or permit at the
5hearing under this section, the application shall be considered at that hearing;
6otherwise, the specific statutory hearing provisions, if any, with respect to that
7application shall control.
The substantive requirements for the issuance of any
8approval, permit, or license incidental to prospecting or mining are not affected by
9the fact that a hearing on the approval, permit, or license is conducted as part of a
10hearing under this section.
AB499,28 11Section 28 . 293.43 (2) of the statutes is repealed.
AB499,29 12Section 29 . 293.43 (2m) of the statutes is created to read:
AB499,25,1613 293.43 (2m) Public information and notice. (a) The department shall make
14available for review in the city, village, or town in which the proposed prospecting or
15mining site is located, information concerning the proposed prospecting or mining
16site, including all of the following:
AB499,25,1817 1. The application for the prospecting or mining permit, including the mining
18plan, reclamation plan, and mining waste site feasibility study and plan of operation.
AB499,25,2019 2. All of the following relating to an approval other than the prospecting or
20mining permit:
AB499,25,2121 a. The application.
AB499,25,2222 b. A draft approval.
AB499,25,2323 c. Information or summaries relating to the draft approval.
AB499,26,3
13. The draft environmental impact statement, the environmental impact
2report, and any additional supporting information used in the department's
3evaluation of the proposed prospecting or mining.
AB499,26,44 4. The draft prospecting or mining permit.
AB499,26,65 5. The department's analyses and preliminary determinations relating to any
6approval.
AB499,26,187 (b) Within 30 days after the expiration of the applicable time period under s.
8293.40 (3), the department shall distribute a notice that describes the availability of
9the information under par. (a); the opportunity for written public comment, including
10an invitation for the submission of written comments by any person within 45 days
11after the date of the publication of the notice; and the date, time, and location of the
12public informational hearing and that includes any additional information that a law
13concerning any approval requires to be provided. The department shall publish the
14notice as a class 1 notice under ch. 985 and shall publish notice on the department's
15Internet site. The date on which the department first publishes the notice on its
16Internet site shall be considered the date of the publication of the notice required to
17be published under this paragraph. The department shall also send the notice to all
18of the following:
AB499,26,2019 1. The clerk of any city, village, town, or county with zoning jurisdiction over
20the proposed prospecting or mining site.
AB499,26,2221 2. The clerk of any city, village, town, or county within whose boundaries any
22portion of the proposed prospecting or mining site is located.
AB499,26,2523 3. The clerk of any city, village, or town, contiguous to any city, village, or town
24within whose boundaries any portion of the proposed prospecting or mining site is
25located.
AB499,27,3
14. The main public library of each city, village, town, or county with zoning
2jurisdiction over the proposed mining site or within whose boundaries any portion
3of the proposed prospecting or mining site is located.
AB499,27,54 5. Any regional planning commission for the area within which the proposed
5prospecting or mining site lies.
AB499,27,86 6. Any state agency that the department knows is required to grant a permit
7or other authorization necessary for the construction or operation of the proposed
8prospecting or mining project.
AB499,27,129 7. The federal environmental protection agency, U.S. army corps of engineers,
10and states potentially affected by the proposed discharge if a water discharge permit
11under ch. 283 or a wetland permit that constitutes a water quality certification as
12required by 33 USC 1341 (a) is to be considered at the public informational hearing.
AB499,27,1513 8. The federal environmental protection agency and appropriate agencies in
14other states that may be affected if an air pollution control permit under ch. 285 is
15to be considered at the public informational hearing.
AB499,27,1816 9. If a water withdrawal permit under s. 293.65 for a withdrawal of surface
17water is to be considered at the public informational hearing, the persons specified
18in s. 30.18 (4) (a).
AB499,27,2419 10. If an individual permit under s. 30.12 for a structure through which water
20transferred from the Great Lakes basin would be returned to the source watershed
21through a stream tributary to one of the Great Lakes is to be considered at the public
22informational hearing, the governing body of each city, village, and town through
23which the stream flows or that is adjacent to the stream downstream from the point
24at which the water would enter the stream.
AB499,28,3
111. Any person upon request. The department's notice under this subdivision
2may be given through an electronic notification system established by the
3department.
AB499,28,44 12. The applicant.
AB499,28,75 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.
AB499,28,138 (c) The department shall coordinate the public comment period for the
9prospecting or mining permit with the public comment period for any other approval
10for the prospecting or mining operation, except that if an application for an approval
11is filed too late to allow public comment within the public comment period for the
12prospecting or mining permit, the department shall issue separate notice, as
13described in par. (b), for the approval after the application is filed.
AB499,30 14Section 30 . 293.43 (3) of the statutes is repealed.
AB499,31 15Section 31 . 293.43 (3m) of the statutes is created to read:
AB499,29,1016 293.43 (3m) Informational hearing. The department shall hold a public
17informational hearing before it approves or denies an application for a prospecting
18or mining permit and not less than 30 days after the date of the publication of the
19notice under sub. (2m) (b). The department shall hold the public informational
20hearing in the county where the majority of the proposed prospecting or mining site
21is located. The department shall hold a single public informational hearing covering
22the draft prospecting or mining permit, all other draft approvals, and the draft
23environmental impact statement, except that if an application for an approval is filed
24too late to allow the application to be considered at the public informational hearing
25for the prospecting or mining permit, the department shall hold a separate public

1informational hearing on the draft approval in the county where the majority of the
2proposed prospecting or mining site is located not less than 30 days after the date of
3the publication of a separate notice under sub. (2m) (b) for the approval. The
4department shall publish the separate notice for the approval on its Internet site not
5more than 10 days after the application is considered to be complete, which is the
630th day after the department receives the application unless, before that day, the
7department requests additional information, in which case the application is
8considered to be complete when the applicant provides the information. A public
9informational hearing under this subsection is not a contested case hearing under
10ch. 227.
AB499,32 11Section 32 . 293.43 (4) of the statutes is repealed.
AB499,33 12Section 33 . 293.43 (4m) of the statutes is created to read:
AB499,29,1613 293.43 (4m) Summary. After considering the comments received under subs.
14(2m) and (3m) and before acting on the application for the mining permit, the
15department shall prepare a summary of the comments and the department's
16response to the comments.
AB499,34 17Section 34 . 293.43 (5) of the statutes is repealed.
AB499,35 18Section 35 . 293.49 (1) (a) (intro.) of the statutes is amended to read:
AB499,29,2119 293.49 (1) (a) (intro.) Except as provided in sub. (2) and s. 293.50 and except
20with respect to property specified in s. 41.41 (11), within 90 days of the completion
21of the public hearing record, the department shall issue the mining permit if it finds:
AB499,36 22Section 36 . 293.495 of the statutes is created to read:
AB499,30,3 23293.495 Subsequently filed applications for other approvals. (1) (a) 1.
24For purposes of this subsection, an application for an approval other than a mining
25or prospecting permit is considered to be complete on the 30th day after the

1department receives the application unless, before that day, the department
2requests additional information, in which case the application is considered to be
3complete when the applicant provides the information.
AB499,30,84 2. For purposes of this subsection, an application for a mining or prospecting
5permit is considered to be complete on the 30th day after the department receives the
6application unless the department requests additional information under s. 293.40
7(2) or (3), in which case the application is considered to be complete when the
8applicant provides the information.
AB499,30,169 (b) Except as provided in par. (d), if an applicant files an application for an
10approval other than a mining or prospecting permit no later than 60 days after the
11day on which the application for the mining or prospecting permit is complete under
12par. (a) 2., or more than 60 days after that day but in time to allow the application
13to be considered at the public informational hearing for the mining or prospecting
14permit under s. 293.43 (3m), the department shall approve the application and issue
15the approval, or deny the application, no later than the deadline under s. 293.45 (1)
16or (2) or 293.49 (1) or (2).
AB499,30,2517 (c) 1. Except as provided in subd. 2., if an applicant files an application for an
18approval other than a mining or prospecting permit too late to allow the application
19to be considered at the public informational hearing for the mining or prospecting
20permit under s. 293.43 (3m) but before the department issues the decision to grant
21or deny the application for the mining or prospecting permit, the department shall
22approve the application and issue the approval, or deny the application, after the
23separate public informational hearing for the approval required under s. 293.43 (3m)
24and no later than 75 days after the application for the approval is complete under par.
25(a) 1.
AB499,31,6
12. Except as provided in par. (d), the department shall approve or deny the
2application for an approval described in subd. 1. that is an individual permit for
3which federal law requires the opportunity for public comment or the ability to
4request a public hearing prior to issuance of the approval after the separate public
5informational hearing required for the approval under s. 293.43 (3m) and no later
6than 180 days after the application is complete under par. (a) 1.
AB499,31,97 (d) The deadlines in pars. (b) and (c) do not apply to an application for an air
8pollution control permit under s. 285.62 for which the department receives an
9objection from the federal environmental protection agency under s. 285.62 (6).
AB499,31,1410 (e) The department shall incorporate any approval other than a mining or
11prospecting permit into a single document with the mining or prospecting permit,
12unless the application for the approval was filed more than 60 days after the day on
13which the application for the mining or prospecting permit is complete under par. (a)
142.
AB499,31,25 15(2) The provisions of this chapter concerning public notice, comment, and
16hearing; issuance of department decisions; effective date of department decisions;
17review of department decisions; and the duration of approvals apply to any approval,
18regardless of whether the application is filed before or after the department issues
19the decision to grant or deny the application for the mining or prospecting permit,
20notwithstanding any provisions related to those matters in s. 44.40 or 169.25, subch.
21I or VI of ch. 77, ch. 23, 29, 30, 31, 169, 281, 283, 285, 289, or 291, or rules promulgated
22under those provisions, except as provided in s. 281.343 (7r) and except that if a
23withdrawal of surface water or groundwater is subject to regional review or council
24approval under s. 281.346, the applicable provisions related to regional review or
25council approval apply.
AB499,37
1Section 37. 293.50 of the statutes is repealed.
AB499,38 2Section 38 . 293.51 (title) of the statutes is amended to read:
AB499,32,3 3293.51 (title) Bonds and other security.
AB499,39 4Section 39 . 293.51 (2m) of the statutes is created to read:
AB499,32,105 293.51 (2m) An operator shall maintain proof of financial responsibility
6ensuring the availability of funds for compliance with the long-term care
7requirements specified in the waste site feasibility study and plan of operation
8consistent with the requirements under s. 289.41 except that, notwithstanding s.
9289.41 (3), the operator shall furnish the proof of financial responsibility in the form
10of a bond, cash, certificates of deposit, government securities, or insurance.
AB499,40 11Section 40 . 293.51 (3) of the statutes is amended to read:
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