Note: This section repeals the "short title" of the metallic mining statutes. The
repealed provision is as follows:
"144.80 Metallic mining reclamation act. (1) Sections 144.80 to 144.94 shall be
known and may be cited as the "Metallic Mining Reclamation Act".
The use of short titles is an obsolete drafting style. A short title is entirely
nonsubstantive and, therefore, adds nothing to the metallic mining statutes. Users of
these statutes may continue to refer to them as the "metallic mining reclamation act" or
by any other name that seems appropriate.
SB622, s. 721
1Section
721. 144.81 (intro.) of the statutes is renumbered 293.01 (intro.) and
2amended to read:
SB622,290,4
3293.01 Definitions. (intro.) In
ss. 144.80 to 144.94 this chapter, unless the
4context requires otherwise:
SB622, s. 722
5Section
722. 144.81 (1m) of the statutes is renumbered 293.01 (2).
SB622, s. 723
6Section
723. 144.81 (2) of the statutes is renumbered 293.01 (5).
SB622, s. 724
7Section
724. 144.81 (2m) of the statutes is renumbered 293.01 (6) and
8amended to read:
SB622,290,109
293.01
(6) "Exploration license" means the license required under s.
144.832 10293.21 (2) as a condition of engaging in exploration.
SB622, s. 725
11Section
725. 144.81 (3) of the statutes is renumbered 293.01 (7).
SB622, s. 726
12Section
726. 144.81 (4) of the statutes is renumbered 293.01 (8).
SB622, s. 727
13Section
727. 144.81 (5) of the statutes is renumbered 293.01 (9).
SB622, s. 728
14Section
728. 144.81 (6) of the statutes is renumbered 293.01 (10) and amended
15to read:
SB622,290,1816
293.01
(10) "Mining plan" means the proposal for the mining of the mining site
17which shall be approved by the department under s. 144.85 prior to the issuance of
18the mining permit.
Note: The requirement for the DNR to approve the mining plan before issuing the
mining permit is moved to the requirements for approval of the mining permit in s. 144.85
(5) (a) 1. a., renumbered as s. 293.49 (1) (a) 1.
SB622, s. 729
19Section
729. 144.81 (7) of the statutes is renumbered 293.01 (11).
SB622, s. 730
20Section
730. 144.81 (8) of the statutes is renumbered 293.01 (12).
SB622, s. 731
1Section
731. 144.81 (9) of the statutes is renumbered 293.01 (13).
SB622, s. 732
2Section
732. 144.81 (10) of the statutes is renumbered 293.01 (17).
SB622, s. 733
3Section
733. 144.81 (12) of the statutes is renumbered 293.01 (18) and
4amended to read:
SB622,291,165
293.01
(18) "Prospecting" means engaging in the examination of an area for the
6purpose of determining the quality and quantity of minerals, other than for
7exploration but including the obtaining of an ore sample, by such physical means as
8excavating, trenching, construction of shafts, ramps and tunnels and other means,
9other than for exploration, which the department, by rule, identifies, and the
10production of prospecting refuse and other associated activities. "Prospecting" shall
11not include such activities when the activities are, by themselves, intended for and
12capable of commercial exploitation of the underlying ore body. However, the fact that
13prospecting activities and construction may have use ultimately in mining, if
14approved, shall not mean that prospecting activities and construction constitute
15mining within the meaning of sub.
(5) (9), provided such activities and construction
16are reasonably related to prospecting requirements.
SB622, s. 734
17Section
734. 144.81 (13) of the statutes is renumbered 293.01 (19).
SB622, s. 735
18Section
735. 144.81 (13m) of the statutes is renumbered 293.01 (20) and
19amended to read:
SB622,291,2220
293.01
(20) "Prospecting plan" means the proposal for prospecting of the
21prospecting site
, which shall be approved by the department under s. 144.84 prior
22to the issuance of the prospecting permit.
Note: The requirement for the DNR to approve the prospecting plan before issuing
the prospecting permit is moved to the requirements for issuance of the prospecting
permit in s. 144.84 (2), renumbered as s. 293.45 (1).
SB622, s. 736
23Section
736. 144.81 (13n) of the statutes is renumbered 293.01 (21).
SB622, s. 737
1Section
737. 144.81 (14) of the statutes is renumbered 293.01 (22).
SB622, s. 738
2Section
738. 144.81 (15) of the statutes is renumbered 293.01 (23) and
3amended to read:
SB622,292,104
293.01
(23) "Reclamation" means the process by which an area physically or
5environmentally affected by prospecting or mining is rehabilitated to either its
6original state or, if this is shown to be physically or economically impracticable or
7environmentally or socially undesirable, to a state that provides long-term
8environmental stability. Reclamation shall provide the greatest feasible protection
9to the environment and shall include, but is not limited to, the criteria for
10reclamation set forth in s.
144.83 293.13 (2) (c).
SB622, s. 739
11Section
739. 144.81 (16) of the statutes is renumbered 293.01 (24) and
12amended to read:
SB622,292,1613
293.01
(24) "Reclamation plan" means the proposal for the reclamation of the
14prospecting or mining site which must be approved by the department under s.
15144.84 293.45 or
144.85 293.49 prior to the issuance of the prospecting or mining
16permit.
SB622, s. 740
17Section
740. 144.81 (17) of the statutes is renumbered 293.01 (25).
SB622, s. 741
18Section
741. 144.81 (17m) of the statutes is renumbered 293.01 (26).
SB622, s. 742
19Section
742. 144.81 (18) of the statutes is renumbered 293.01 (28).
SB622, s. 743
20Section
743. 144.815 of the statutes is renumbered 293.61, and 293.61 (2) (b),
21as renumbered, is amended to read:
SB622,293,222
293.61
(2) (b) If the cessation of mining does not continue beyond the time
23period specified by the department. The time limit specified by the department may
24not exceed 5 years for a mining operation for which a permit is issued under s.
144.85 25293.49 on or after May 19, 1984. The time limit specified by the department may not
1exceed 10 years for a mining operation for which a permit is issued under s.
144.85 2293.49 before May 19, 1984;
SB622, s. 745
5Section
745. 144.83 (title) of the statutes is repealed.
SB622, s. 746
6Section
746. 144.83 (1) of the statutes is renumbered 293.13 (1), and 293.13
7(1) (a) and (b), as renumbered, are amended to read:
SB622,293,98
293.13
(1) (a) Adopt rules, including rules for prehearing discovery,
9implementing and consistent with
ss. 144.80 to 144.94
this chapter.
SB622,293,1710
(b) Establish by rule after consulting with the metallic mining council
11minimum qualifications for applicants for prospecting and mining permits. Such
12minimum qualifications shall ensure that each operator in the state is competent to
13conduct mining and reclamation and each prospector in the state is competent to
14conduct prospecting in a fashion consistent with the purposes of
ss. 144.80 to 144.94 15this chapter. The department shall also consider such other relevant factors bearing
16upon minimum qualifications, including but not limited to, any past forfeitures of
17bonds posted pursuant to mining activities in any state.
SB622, s. 747
18Section
747. 144.83 (2) of the statutes is renumbered 293.13 (2), and 293.13
19(2) (a), (b) 11. and 12., (c) (intro.) and 1. and (d) 3. (intro.) and 4., as renumbered, are
20amended to read:
SB622,294,221
293.13
(2) (a) The department by rule after consulting with the metallic mining
22council shall adopt minimum standards for exploration, prospecting, mining and
23reclamation to ensure that such activities in this state will be conducted in a manner
24consistent with the purposes and intent of
ss. 144.80 to 144.94 this chapter. The
1minimum standards may classify exploration, prospecting and mining activities
2according to type of minerals involved and stage of progression in the operation.
SB622,294,43
(b) 11. Identification and prevention of pollution as defined in s.
144.01 (10) 4281.01 (10) resulting from leaching of waste materials.
SB622,294,65
12. Identification and prevention of significant environmental pollution
as
6defined in s. 144.01 (3).
SB622,294,97
(c) (intro.) Minimum standards for reclamation of exploration sites, where
8appropriate, and for prospecting and mining sites shall conform to s.
144.81 (15) 9293.01 (23) and include provision for the following:
SB622,294,1210
1. Disposal of all toxic and hazardous wastes, refuse, tailings and other solid
11waste in solid or hazardous waste disposal facilities licensed under
this chapter ch.
12289 or 291 or otherwise in an environmentally sound manner.
SB622,294,1613
(d) 3. (intro.) Hazards resulting in irreparable damage to any of the following,
14which cannot be prevented under the requirements of
ss. 144.80 to 144.94 this
15chapter, avoided to the extent applicable by removal from the area of hazard or
16mitigated by purchase or by obtaining the consent of the owner:
SB622,294,2117
4. Irreparable environmental damage to lake or stream bodies despite
18adherence to the requirements of
ss. 144.80 to 144.94
this chapter. This subdivision
19does not apply to an activity which the department has authorized pursuant to
20statute, except that the destruction or filling in of a lake bed shall not be authorized
21notwithstanding any other provision of law.
SB622, s. 748
22Section
748. 144.83 (4) of the statutes is renumbered 293.15, and 293.15 (1),
23(3), (4), (8), (9) and (11), as renumbered, are amended to read:
SB622,295,3
1293.15
(1) Hold hearings relating to any aspect of the administration of
ss.
2144.80 to 144.94 this chapter and, in connection therewith, compel the attendance
3of witnesses and production of evidence.
SB622,295,5
4(3) Issue orders directing particular prospectors or operators to comply with
5the provisions and purposes of
ss. 144.80 to 144.94
this chapter.
SB622,295,7
6(4) Supervise and provide for such educational programs as appear necessary
7to carry out the purposes of
ss. 144.80 to 144.94
this chapter.
SB622,295,15
8(8) Promulgate rules regulating the production, storage and disposal of
9radioactive waste from exploration, prospecting or mining after seeking comments
10from the department of health and family services. At a minimum, rules
11promulgated under this
paragraph subsection shall achieve the margin of safety
12provided in applicable federal statutes and regulations. If the department
13promulgates rules under this
paragraph subsection, the department shall
14investigate the need for standards more restrictive than the applicable federal
15statutes and regulations.
SB622,295,21
16(9) Promulgate rules by which the department may grant an exemption,
17modification or variance, either making a requirement more or less restrictive, from
18any rule promulgated under
subch. IV chs. 289 to 292 and this
subchapter chapter,
19if the exemption, modification or variance does not result in the violation of any
20federal or state environmental law or endanger public health, safety or welfare or the
21environment.
SB622,295,25
22(11) Notwithstanding
ss. 144.43 to 144.47 and 144.60 to 144.74 chs. 289 and
23291, promulgate rules establishing groundwater quality standards or groundwater
24quantity standards, or both, for any prospecting or mining activity, including
25standards for any mining waste site.
Note: Some portions of new ch. 292, remedial action, are taken from current ss.
144.43 to 144.47 and 144.60 to 144.74. However, ch. 292 is not included in the
cross-reference in new s. 293.15 (11) because the remedial action statutes are not the
source of statutory authority for groundwater quality and quantity standards, and
because new ch. 292 includes additional material that is not taken from current ss. 144.43
to 144.47 and 144.60 to 144.74.
SB622, s. 749
1Section
749. 144.83 (5) of the statutes is renumbered 293.15 (12) and amended
2to read:
SB622,296,53
293.15
(12) The department may require
Require all persons under its
4jurisdiction to submit such informational reports as the department deems
5necessary for performing its duties under
ss. 144.80 to 144.94 this chapter.
SB622, s. 750
6Section
750. 144.83 (6) of the statutes is renumbered 293.85, and 293.85 (1)
7and (2), as renumbered, are amended to read:
SB622,296,98
293.85
(1) The prospecting permit for a prospecting site that is the site of a
9violation of
ss. 144.80 to 144.94 this chapter.
SB622,296,11
10(2) The mining permit for a mining site that is the site of a violation of
ss. 144.80
11to 144.94 this chapter.
SB622, s. 751
12Section
751. 144.831 (title) of the statutes is renumbered 293.31 (title) and
13amended to read:
SB622,296,14
14293.31 (title)
Data collection; monitoring.
SB622, s. 752
15Section
752. 144.831 (1) to (6) of the statutes are renumbered 293.31 (1) to (6),
16and 293.31 (2), as renumbered, is amended to read:
SB622,296,1917
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.
144.836 19293.43 (3) (b).
SB622, s. 753
20Section
753. 144.831 (7) of the statutes is renumbered 293.45 (3) and amended
21to read:
SB622,297,5
1293.45
(3) The department, in granting a permit under
s. 144.84 or 144.85 this
2section, shall require the permit holder to perform adequate monitoring of
3environmental changes during the course of the permitted activity and for such
4additional period of time as is necessary to satisfactorily complete reclamation and
5completely release the permit holder from any bonds required.
Note: Current s. 144.831 (7), which applies to both prospecting and mining
permits, is renumbered and amended to apply only to prospecting permits. An identical
provision is created in s. 293.49 (7) for mining permits.
SB622, s. 754
6Section
754. 144.831 (8) of the statutes is renumbered 293.15 (13) and
7amended to read:
SB622,297,128
293.15
(13) The department may monitor
Monitor environmental changes
9concurrently with the permit holder under
sub. (7)
s. 293.45 (3) or 293.49 (7), and for
10such additional period of time after the full bond is released under s.
144.90 293.63 11(3) as is necessary for the site to return to a state of environmental stability. The
12department may conduct independent studies to monitor environmental changes.
SB622, s. 755
13Section
755. 144.832 of the statutes is renumbered 293.21.
SB622, s. 756
14Section
756. 144.833 of the statutes, as affected by
1995 Wisconsin Act 27, is
15renumbered 293.25, and 293.25 (1) (intro.), (2) (a) and (b), (3), (4) and (5), as
16renumbered, are amended to read:
SB622,297,1917
293.25
(1) Definitions. (intro.)
As used in In this section and for the purposes
18of determining the applicability of ss.
144.83, 144.832, 144.88 and 144.93 to 144.94 19293.13, 293.15 (1) to (12), 293.21, 293.81, 293.87, 293.89, 293.93 and 293.95:
SB622,298,3
20(2) (a)
Applicability. Except as provided under par. (b), ss.
144.832 293.21 and
21144.88 293.81 and rules promulgated under those sections apply to radioactive waste
22site exploration, to activities related to radioactive waste site exploration and to
23persons engaging in or intending to engage in radioactive waste site exploration or
1related activities in the same manner as those sections and rules are applicable to
2mineral exploration, to activities related to mineral exploration and to persons
3engaging in or intending to engage in mineral exploration or related activities.
SB622,298,134
(b)
Exception. Notwithstanding par. (a) and s.
144.832 293.21 (3), the
5department may waive the bond requirement for a person who is authorized to
6engage in radioactive waste site exploration by a federal agency if the federal agency
7provides sufficient guarantees that the person or the federal agency will comply with
8the requirements of the department relating to termination. Notwithstanding par.
9(a) and s.
144.832 293.21 (3), the department may require a bond in an amount in
10excess of the amount specified under s.
144.832 293.21 (3) (a) to ensure that sufficient
11funds are available to comply with termination requirements or to abate or remedy
12any environmental pollution or danger to public health, safety or welfare resulting
13from radioactive waste site exploration.
SB622,298,22
14(3) Approval required prior to drilling. No person may engage in radioactive
15waste site exploration by drilling on a parcel unless notice is provided as required
16under sub. (2) and s.
144.832 293.21 (4) (a) and unless the department issues a
17written approval authorizing drilling on that parcel. If the person seeking this
18approval is the federal department of energy or an agent or employe of the federal
19department of energy, the department may not issue the approval unless the public
20service commission certifies that the federal department of energy and its agents or
21employes have complied with any requirement imposed by the public service
22commission under s. 196.497 or any agreement entered into under that section.
SB622,299,5
23(4) Regulation of exploration and related provisions. Sections
144.83,
24144.93 and 144.935 293.13, 293.15 (1) to (12), 293.85, 293.87 and 293.89 and rules
25promulgated under those sections apply to radioactive waste site exploration, to
1activities related to radioactive waste site exploration and to persons engaging in or
2intending to engage in radioactive waste site exploration or related activities in the
3same manner as those sections and rules are applicable to mineral exploration, to
4activities related to mineral exploration and to persons engaging in or intending to
5engage in mineral exploration or related activities.
SB622,299,10
6(5) Groundwater regulations. A person engaging in radioactive waste site
7exploration shall comply with any restrictions or prohibitions concerning the
8pollution or contamination of groundwater under
ss. 144.025 or 144.80 to 144.94 this
9chapter, subch. II of ch. 281 or ch.
147 283 or any rule or order promulgated under
10those
sections chapters or that
chapter subchapter.
SB622, s. 757
11Section
757. 144.834 (title) of the statutes is repealed.
SB622, s. 758
12Section
758. 144.834 (1) and (2) of the statutes are renumbered 293.35 (2) and
13(3) and amended to read:
SB622,299,1814
293.35
(2) A reclamation plan shall accompany all applications for prospecting
15or mining permits. If it is physically or economically impracticable or
16environmentally or socially undesirable for the reclamation process to return the
17affected area to its original state, the plan shall set forth the reasons therefor and
18shall discuss alternative conditions and uses to which the affected area can be put.
SB622,299,21
19(3) The
reclamation plan shall specify how the applicant intends to accomplish,
20to the fullest extent possible, compliance with the minimum standards under s.
21144.83 293.13 (2) (c).
Note: Current s. 144.834 (1) and (2), which apply to both prospecting and mining
permits, are renumbered and amended to apply only to prospecting permits. An identical
provision is created in s. 293.37 (3) for mining permits.
SB622, s. 759
22Section
759. 144.836 (title) of the statutes is renumbered 293.43 (title).
SB622, s. 760
1Section
760. 144.836 (intro.), (1), (2), (3) and (4) of the statutes are
2renumbered 293.43 (1), (1m), (2), (3) and (5), and 293.43 (1m) (b), (3) (a) and (b)
3(intro.) and 3. and (5) (e), as renumbered, are amended to read:
SB622,300,194
293.43
(1m) (b) Except as provided in this paragraph, for all department issued
5approvals, licenses and permits relating to prospecting or mining including solid
6waste feasibility report approvals and permits related to air and water, to be issued
7after April 30, 1980, the notice, hearing and comment provisions, if any, and the time
8for issuance of decisions, shall be controlled by this section and ss.
144.84 293.45 and
9144.85 293.49. If an applicant fails to make application for an approval, license or
10permit for an activity incidental to prospecting or mining in time for notice under this
11section to be provided, the notice and comment requirements, if any, shall be
12controlled by the specific statutory provisions with respect to that application. If
13notice under those specific statutory notice requirements can be given for
14consideration of the approval, license or permit at the hearing under this section, the
15application shall be considered at that hearing; otherwise, the specific statutory
16hearing provisions, if any, with respect to that application shall control. The
17substantive requirements for the issuance of any approval, permit or license
18incidental to prospecting or mining are not affected by the fact that a hearing on the
19approval, permit or license is conducted as part of a hearing under this section.
SB622,301,5
20(3) (a) If it is determined that a statement under s. 1.11 is not required, the
21hearing shall be scheduled for a date not less than 60 days nor more than 90 days
22after the announcement of that determination, and the scheduling and providing of
23notice shall be completed not later than 10 days following the announcement. Notice
24of the hearing shall be given by mailing a copy of the notice to any known state agency
25required to issue a permit for the proposed operation, to the regional planning
1commission for the affected area, to the county, city, village and town within which
2any part of the affected area lies, to all persons who have requested this notification
3and, if applicable, to all persons specified under par. (b) 3. and s.
144.026 281.35 (5)
4(b) and (6) (f). Written comments may be submitted to the department within 30 days
5of the date of notice.
SB622,301,176
(b) (intro.) If it is determined that a statement under s. 1.11 is required, or if
7an environmental impact statement is required under s.
144.852 293.39, the
8department shall hold at least one informational meeting regarding the preliminary
9environmental report within 60 days of its issuance. The meeting shall be held not
10sooner than 30 days nor later than 60 days after the issuance of the report. The
11scheduling and providing of notice of the meeting shall be completed not later than
1210 days following the issuance of the preliminary environmental report. A hearing
13referred to under sub.
(1) (1m) shall be scheduled for a date not less than 120 days
14nor more than 180 days after the issuance of the environmental impact statement.
15The scheduling and providing of notice of the hearing shall be completed within 30
16days from the date of issuance of the environmental impact statement. The
17providing of notice shall be accomplished by: