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2. Any of the following relating to an approval other than the mining permit:
AB426-SSA2,105,2020
a. The application.
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b. A draft approval.
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c. Information or summaries relating to the approval.
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3. The environmental impact statement, environmental impact report, and any
24additional supporting information used in the department's evaluation of the
25proposed mining.
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14. The department's analyses and preliminary determinations relating to any
2approval.
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(b) The department shall distribute a notice that describes the availability of
4the information under par. (a); the opportunity for written public comment, including
5an invitation for the submission of written comments by any person within 45 days
6after the notice is published; and the date, time, and location of the public
7informational hearing and that includes any additional information that a law
8concerning any approval requires to be provided. The department shall publish the
9notice as a Class I notice under ch. 985. The department shall also send the notice
10to all of the following:
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1. The clerk of any city, village, town, or county with zoning jurisdiction over
12the proposed mining site.
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2. The clerk of any city, village, town, or county within whose boundaries any
14portion of the proposed mining site is located.
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3. The clerk of any city, village, or town, contiguous to any city, village, or town
16within whose boundaries any portion of the proposed mining site is located.
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4. The main public library of each city, village, town, or county with zoning
18jurisdiction over the proposed mining site or within whose boundaries any portion
19of the proposed mining site is located.
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5. Any regional planning commission for the area within which the proposed
21mining site lies.
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6. Any state agency that the department knows is required to grant a permit
23or other authorization necessary for the construction or operation of the proposed
24mining project.
AB426-SSA2,107,4
17. The federal environmental protection agency, U.S. Army Corps of Engineers,
2and states potentially affected by the proposed discharge if a water discharge permit
3under ch. 283 or a water quality certification for a federal wetland under s. 295.60
4(4) is to be considered at the public informational hearing.
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8. The federal environmental protection agency and appropriate agencies in
6other states that may be affected if an air pollution control permit under ch. 285 is
7to be considered at the public informational hearing.
AB426-SSA2,107,108
9. If a water withdrawal permit under s. 295.61 for a withdrawal of surface
9water is to be considered at the public informational hearing, the persons specified
10in s. 30.18 (4) (a).
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10. If an individual permit under s. 30.12 for a structure through which water
12transferred from the Great Lakes basin would be returned to the source watershed
13through a stream tributary to one of the Great Lakes is to be considered at the public
14informational hearing, the governing body of each city, village, and town through
15which the stream flows or that is adjacent to the stream downstream from the point
16at which the water would enter the stream.
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11. Any person upon request.
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12. The applicant.
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13. Any other person to whom the department is required to give notice of any
20proposed determination, application, or hearing concerning an approval under the
21laws relating to the issuance of any approval or under s. 1.11.
AB426-SSA2,108,222
(c) The department shall coordinate the public comment period for the mining
23permit with the public comment period for any other approval for the mining
24operation, except that if an application for an approval is filed too late to allow public
25comment within the public comment period for the mining permit, the department
1shall issue separate notice, as described in par. (b), for the approval after the
2application is filed.
AB426-SSA2,108,16
3(5) Informational hearing. The department shall hold a public informational
4hearing before issuing or denying a mining permit and not less than 30 days after
5publishing the notice under sub. (4) (b). The department shall hold the public
6informational hearing in the county where the majority of the proposed mining site
7is located. The department shall hold a single public informational hearing covering
8the mining permit, all other approvals, and the environmental impact statement,
9except that if an application for an approval is filed too late to allow the application
10to be considered at the public informational hearing for the mining permit, the
11department shall hold a separate public informational hearing on the approval in the
12county where the proposed site is located not less than 30 days after publishing the
13notice under sub. (4) (b) for the approval. The public informational hearing under
14this subsection is not a contested case hearing under ch. 227. At the hearing, the
15department shall take testimony on all of the following with regard to any proposed
16withdrawal of groundwater or surface water:
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(a) The public rights in any body of water and the related environment that may
18be injured by the proposed withdrawal of groundwater or surface water.
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(b) The public benefits provided by increased employment, economic activity,
20and tax revenues from the proposed mining operation.
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(c) The direct and indirect social and economic costs and benefits of the
22proposed mining operation.
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(d) Whether the proposed withdrawal of groundwater or surface water will
24consume nonsurplus water.
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(e) The rights of competing users of the groundwater or surface water.
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1(f) Any other water withdrawal issues identified by the department as relevant
2to the decision of whether to issue or deny a permit.
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3(6) Summary. After considering the comments received under subs. (4) and (5)
4and before acting on the application for the mining permit, the department shall
5prepare a summary of the comments and the department's response to the
6comments.
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7(7) Deadline for acting on mining permit application. (a) No more than 420
8days after the day on which the application for a mining permit is administratively
9complete under sub. (2), the department shall approve the application, and issue a
10mining permit, or deny the application, in accordance with s. 295.58, unless the
11department and the applicant agree to extend the deadline. The department and the
12applicant may agree to not more than one extension and that extension may not
13exceed 60 days. The department and the applicant may enter into an extension only
14if one of the following applies:
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1. An extension is necessary to enable the department and the U.S. Army Corps
16of Engineers to jointly prepare their environmental impact statements.
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2. New information or a change to the mining proposal necessitates additional
18time to review the application.
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(b) If the department does not comply with the deadline under par. (a),
20including any extension agreed to by the applicant, the department shall refund the
21fees under s. 295.73 (3) (a) and (d) that were paid by the applicant.
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(c) If the department does not comply with the deadline under par. (a),
23including any extension agreed to by the applicant, the applicant may bring an action
24for mandamus to compel the department to approve or deny the application.
25Notwithstanding s. 814.04 (1), in an action under this paragraph the court shall
1award the applicant its costs, including reasonable attorney fees, if it determines
2that the department did not comply with the deadline under par. (a).
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3(8) Deadline for acting on other approvals. (a) Except as provided in par.
4(c), if an applicant files an application for an approval other than a mining permit
5no later than 60 days after the day on which the application for the mining permit
6is administratively complete under sub. (2), the department shall approve the
7application, and issue the approval or deny the application no later than the deadline
8under sub. (7) (a), including any extension agreed to by the applicant.
AB426-SSA2,110,159
(b) Except as provided in par. (c) if an applicant files an application for an
10approval other than a mining permit more than 60 days after the day on which the
11application for the mining permit is administratively complete under sub. (2), the
12deadline for acting on the application is extended beyond the deadline under sub. (7)
13(a), including any extension agreed to by the applicant, by the number of days beyond
14the 60th day after the day on which the application for the mining permit is
15administratively complete that the applicant files the application for the approval.
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(c) Paragraphs (a) and (b) do not apply to the application for an air pollution
17control permit under s. 285.62.
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(d) The department shall incorporate an approval other than a mining permit
19into a single document with the mining permit, unless the application for the
20approval was filed more than 60 days after the day on which the application for the
21mining permit is administratively complete under sub. (2).
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22(8m) Submission of technical review to Great Lakes regional body. If an
23applicant files an application under s. 281.346 for an approval for a withdrawal of
24surface water or groundwater that is subject to regional review or council approval,
25the department shall provide its technical review, as defined in s. 281.346 (1) (u), to
1the regional body, as defined in s. 281.346 (1) (q), no later than 90 days after the
2applicant files the application for the approval.
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3(9) Applicable procedure. The provisions of this section and ss. 295.58 (5) and
4(6) and 295.77 concerning public notice, comment, and hearing; issuance of
5department decisions; effective date of department decisions; and review of
6department decisions; and the duration of approvals apply to any approval,
7notwithstanding any provisions related to those matters in s. 44.40 or 169.25, subch.
8I or VI of ch. 77, ch. 23, 29, 30, 169, 281, 283, 285, 289, or 291, or rules promulgated
9under those provisions, except as provided in s. 281.343 (7r) and except that if a
10withdrawal of surface water or groundwater is subject to regional review or council
11approval under s. 281.346, the applicable provisions related to regional review or
12council approval apply.
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13295.58 Mining; department grant or denial of permit. (1) Criteria for
14approval. (a) Except as provided in sub. (2) and except with respect to property
15specified in s. 41.41 (11), the department shall issue a mining permit if it finds all of
16the following:
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1. That the mining plan and reclamation plan are reasonably certain to result
18in reclamation of the mining site consistent with this subchapter.
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2. That the waste site feasibility study and plan of operation complies with s.
20295.51.
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3. That the applicant has committed to conducting the proposed mining in
22compliance with the mining permit and any other approvals issued for the mining.
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3m. That the proposed mining is likely to meet or exceed the regulations that
24apply to municipal floodplain zoning ordinances contained in the uniform rules
1promulgated by the department for preparation and implementation of municipal
2floodplain zoning ordinances.
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4. That the proposed mining is not likely to result in substantial adverse
4impacts to public health, safety, or welfare.
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5. That the proposed mining will result in a net positive economic impact in the
6area reasonably expected to be most impacted by the mining.
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6. That the applicant has applied for all necessary zoning approvals applicable
8to the proposed mining.
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(b) The department shall approve or deny an application for a mining permit
10in writing and shall include the reasons for its decision with clarity and in detail.
11The department may modify the applicant's proposed mining plan, reclamation plan,
12or mining waste site feasibility study and plan of operation in order to meet the
13requirements of this subchapter, and, as modified, approve the application. The
14approval of the application for a mining permit constitutes the approval of the
15mining plan, reclamation plan, and waste site feasibility study and plan of operation.
16In its decision on the application for a mining permit, the department shall include
17a final decision on compliance with s. 1.11 and the requirements of s. 295.53,
18discussing all of the following:
AB426-SSA2,112,2019
1. Whether the department has considered the environmental impact
20statement and comments received on it.
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2. Whether the department has complied with ss. 1.11 and 295.53.
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3. Whether, consistent with social, economic, and other essential
23considerations, the department has adopted all practicable means within its
24authority to avoid or minimize any harm to the environment and, if not, why not.
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1(2) Criteria for denial. The department shall deny the mining permit if it
2finds any of the following:
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(a) That the site is unsuitable for mining.
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(b) That the proposed mining may reasonably be expected to create any of the
5following situations:
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1. Hazards resulting in irreparable, substantial physical damage to any of the
7following that cannot be prevented under the requirements of this subchapter,
8avoided to the extent practicable by removal from the area of hazard, or mitigated
9by purchase or by obtaining the consent of the owner:
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a. A dwelling house.
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b. A public building.
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e. A cemetery.
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f. A commercial or institutional building.
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g. A public road.
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2. Irreparable substantial environmental damage to lake or stream bodies
18despite adherence to the requirements of this subchapter. This subdivision does not
19apply to an activity that the department has authorized under statute, except that
20the destruction or filling in of a lake bed may not be authorized unless it is authorized
21under s. 295.60, 295.605, or 295.61.
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3. Landslides or substantial deposition from the proposed mining operation in
23stream or lake beds which cannot feasibly be prevented and which have not been
24authorized under s. 295.60 or 295.605.
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1(c) That the applicant has violated, and continues to fail to comply with, this
2subchapter.
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(d) Subject to sub. (3), that the applicant, principal shareholder of the
4applicant, or a related person has within 10 years before the application is submitted
5forfeited a mining reclamation bond that was posted in accordance with a permit or
6other authorization for a mining operation in the United States, unless the forfeiture
7was by agreement with the entity for whose benefit the bond was posted and the
8amount of the bond was sufficient to cover all costs of reclamation.
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(e) Subject to sub. (3), that the applicant, a related person, or an officer or
10director of the applicant has, within 10 years before the application is submitted,
11been convicted of more than one felony for violations of laws for the protection of the
12natural environment arising out of the operation of a mining site in the United
13States, unless one of the following applies:
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1. The person convicted has been pardoned for all of the felonies.
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2. The person convicted is a related person or an officer or director of the
16applicant with whom the applicant terminates its relationship.
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3. The applicant included in its permit application under s. 295.47 a plan to
18prevent the occurrence in this state of events similar to the events that directly
19resulted in the convictions.
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(f) Subject to sub. (3), that the applicant or a related person has, within 10 years
21before the application is submitted, declared bankruptcy or undergone dissolution
22that resulted in the failure to reclaim a mining site in the United States in violation
23of a state or federal law and that failure has not been remedied and is not being
24remedied.
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1(g) Subject to sub. (3), that, within 10 years before the application is submitted,
2a mining permit or other authorization for mining issued to the applicant or a related
3person was permanently revoked because of a failure to reclaim a mining site in the
4United States in violation of state or federal law and that failure has not been and
5is not being remedied.
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6(3) Exception from denial criteria. The department may not deny a mining
7permit under sub. (2) (d) to (g) if the person subject to the convictions, forfeiture,
8permanent revocation, bankruptcy, or dissolution is a related person but the
9applicant shows that the person was not the parent corporation of the applicant, a
10person that holds more than a 30 percent ownership in the applicant, or a subsidiary
11or affiliate of the applicant in which the applicant holds more than a 30 percent
12interest at the time of the convictions, forfeiture, permanent revocation, bankruptcy,
13or dissolution.
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14(4) Statement. The department shall send a statement as to whether the
15applicant has satisfied the requirements of this subchapter to the applicant and to
16the other persons specified in s. 295.57 (4) (b) 1. to 9.
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17(5) Duration of approvals. (a) A mining permit is valid for the life of the
18mining project, subject to the enforcement provisions under s. 295.79.
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(b) An approval under s. 295.60 or 295.61 remains valid for the life of the
20mining, subject to the enforcement provisions under s. 295.79.
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(c) An approval issued for a mining project under ch. 23, 29, 30, 169, 281, 283,
22285, 289, or 291, except for a permit under ch. 283 or 285 that is subject to a federal
23requirement limiting its duration, remains valid for the life of the mining project,
24subject to the enforcement provisions applicable to the approval.
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1(6) Effective date of approvals. A mining permit and any other approval is
2issued upon mailing and is final and effective upon issuance.
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3(7) Merchantable by-products. In a mining permit, the department shall
4require the operator to treat merchantable by-products as refuse if after 3 years from
5the time the merchantable by-products result from or are displaced by mining the
6material has not been transported off the mining site, unless removal is continuing
7at a rate of more than 12,000 cubic yards per year.
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8(8) General contractor or affiliate. No operator may engage a general
9contractor or affiliate to operate a mining site if the general contractor or affiliate has
10been convicted of more than one felony for violation of a law for the protection of the
11natural environment arising out of the operation of a mining site in the United States
12within 10 years before the issuance of the operator's mining permit, unless the
13general contractor or affiliate receives the department's approval of a plan to prevent
14the occurrence in this state of events similar to the events that directly resulted in
15the convictions.
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16295.59 Bonds and other security. (1) Security for reclamation. (a) Upon
17notification that an application for a mining permit has been approved by the
18department but before beginning mining, the operator shall furnish one of the
19following to the department:
AB426-SSA2,116,2220
1. A bond, furnished by a surety company licensed to do business in this state,
21conditioned on faithful performance of all of the requirements of this subchapter and
22all rules adopted by the department under this subchapter.
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3. Certificates of deposit.
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4. Government securities.
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1(b) The department shall pay to the operator interest received on certificates
2of deposit or government securities furnished under par. (a).
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(c) The operator shall furnish the security required under par. (a) in the amount
4equal to the estimated cost to the state of fulfilling the reclamation plan, other than
5the cost of long-term care of the mining waste site, in relation to the portion of the
6mining site that will be disturbed by the end of the following year. The department
7shall determine the estimated cost of reclamation of each mining site on the basis of
8relevant factors, including the character and nature of the lands to be reclaimed, the
9future suitable use of the land involved, the topography of the mining site, the
10methods of reclamation being employed, the depth and composition of overburden,
11and the depth of the ferrous mineral deposit being mined.
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12(2) Certificate of insurance. The operator shall submit a certificate of
13insurance certifying that the applicant has in force a liability insurance policy issued
14by an insurer authorized to do business in this state or, in lieu of a certificate of
15insurance, evidence that the applicant has satisfied state or federal self-insurance
16requirements, covering all mining operations of the operator in this state and
17affording personal injury and property damage protection in a total amount
18determined to be adequate by the department but not more than $1,000,000 and not
19less than $50,000.