LRBs0330/1
RCT:kmg&wlj:jf
2001 - 2002 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO 2001 ASSEMBLY BILL 547
February 18, 2002 - Offered by Representative McCormick.
AB547-ASA1,1,4
1An Act to amend 289.05 (2), 291.01 (7), 293.15 (9), 293.15 (11) and 293.93; and
2to create 291.05 (2m), 293.17 and 293.38 of the statutes;
relating to:
3environmental regulation of mining and notice to transferees of interests in
4mining sites.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB547-ASA1,2,96
289.05
(2) With the advice and comment of the metallic mining council, the
7department shall promulgate rules for the identification and regulation of metallic
8mining wastes. The rules promulgated to identify metallic mining wastes and to
9regulate the location, design, construction, operation
, and maintenance of facilities
10for the disposal of metallic mining wastes shall be in accordance with
any or all of 11the provisions under this chapter and chs. 30 and 283. The rules shall take into
1consideration
the special requirements of metallic mining operations in the location,
2design, construction, operation and maintenance of facilities for the disposal of
3metallic mining wastes as well as any special environmental concerns that will arise
4as a result of the disposal of metallic mining wastes. In promulgating the rules, the
5department shall give consideration to research, studies, data
, and
6recommendations of the U.S. environmental protection agency on the subject of
7metallic mining wastes arising from the agency's efforts to implement the resource
8conservation and recovery act.
The department may not promulgate rules under this
9subsection that are less stringent than the rules promulgated under subs. (1) and (3).
AB547-ASA1,2,1211
291.01
(7) "Hazardous waste" or "waste" means any solid waste identified by
12the department as hazardous under s. 291.05 (1), (2)
, (2m), or (4).
AB547-ASA1,2,1814
291.05
(2m) Notwithstanding subs. (1) and (2) and any exemption under
42
15USC 6921 (b), the department shall identify a solid waste as a hazardous waste if the
16solid waste is from the extraction, beneficiation, or processing of ores and minerals,
17and the solid waste otherwise satisfies the criteria under
42 USC 6921 (a) or has the
18characteristics, or is listed, under
42 USC 6921 (b).
AB547-ASA1,3,220
293.15
(9) Promulgate rules by which the department may grant an exemption,
21modification
, or variance, either making a requirement more or less restrictive, from
22any rule promulgated under
chs. 289 to 292 and this chapter, if the exemption,
23modification
, or variance does not result in the violation of any federal
24environmental statute or regulation or state environmental
law statute or rule, other
1than the rule from which the exemption, modification, or variance is granted, or
2endanger public health, safety
, or welfare or the environment.
AB547-ASA1,3,124
293.15
(11) Notwithstanding chs. 289 and 291, promulgate rules establishing
5groundwater quality standards or groundwater quantity standards, or both, for any
6prospecting or mining activity, including standards for any mining waste site.
If the
7department establishes groundwater quality standards under this subsection, the
8department shall require the use of a 3-dimensional design management zone for
9purposes of facility design, the review of facility performance, and enforcement that
10extends no further than 150 feet from the outer waste boundary or the edge of a
11facility other than a waste facility or no further than the boundary of the property
12owned or leased by the applicant, whichever distance is less.
AB547-ASA1,3,17
14293.17 Limitation on department power. The department may not grant,
15for the storage or disposal of solid waste from mining or prospecting, an exemption,
16modification, or variance that makes less restrictive a requirement in a rule
17promulgated under ch. 289 or 291.
AB547-ASA1,3,23
19293.38 Notice to transferee. Before a person who holds an ownership
20interest in a mining site for which an application under s. 293.37 is pending with the
21department transfers an ownership interest in that mining site, the person shall
22notify the transferee in writing of the provisions of ss. 289.05 (2), 291.05 (2m), 293.13
23(2), 293.17, and 293.93 and of rules promulgated under those provisions.
AB547-ASA1,4,8
1293.93 Effect of other statutes. If there is a standard under other state or
2federal statutes
, regulations, or rules which specifically regulates in whole an
3activity also regulated under this chapter the other state or federal statutes
,
4regulations, or rules shall be the controlling standard
, unless that standard is less
5stringent than a standard under this chapter. If
the other another state or federal
6statute
, regulation, or rule only specifically regulates the activity in part, it shall
only 7be controlling as to that part
, unless that standard is less stringent than a standard
8under this chapter.
AB547-ASA1,4,1110
(1) This act first applies to mining operations for which the department of
11natural resources issues a permit on the effective date of this subsection.