AB426-SSA2,37,24 22(33) "Operator" means any person who is engaged in mining, or who holds a
23mining permit, whether individually, jointly, or through subsidiaries, agents,
24employees, or contractors.
AB426-SSA2,37,25 25(34) "Overburden" means any unconsolidated material that overlies bedrock.
AB426-SSA2,38,3
1(35) "Person" means an individual, corporation, limited liability company,
2partnership, association, local governmental agency, interstate agency, state agency,
3or federal agency.
AB426-SSA2,38,5 4(36) "Piping" means the progressive erosion of materials from an embankment
5or foundation caused by the seepage of water.
AB426-SSA2,38,7 6(37) "Principal shareholder" means any person who owns at least 10 percent
7of the beneficial ownership of an applicant or operator.
AB426-SSA2,38,10 8(38) "Reagent" means a substance or compound that is added to a system in
9order to bring about a chemical reaction or is added to see if a reaction occurs to
10confirm the presence of another substance.
AB426-SSA2,38,13 11(39) "Reclamation" means the process by which an area physically or
12environmentally affected by exploration or mining is rehabilitated to either its
13original state or to a state that provides long-term environmental stability.
AB426-SSA2,38,15 14(40) "Reclamation plan" means the proposal for the reclamation of an
15exploration site under s. 295.44 (2) (b) or a mining site under s. 295.49.
AB426-SSA2,38,17 16(41) "Refuse" means all mining waste and all waste materials deposited on or
17in the mining site from other sources, except merchantable by-products.
AB426-SSA2,38,20 18(42) "Related person" means any person that owns or operates a mining site
19in the United States and that is one of the following when an application for a mining
20permit is submitted to the department:
AB426-SSA2,38,2121 (a) The parent corporation of the applicant.
AB426-SSA2,38,2322 (b) A person that holds more than a 30 percent ownership interest in the
23applicant.
AB426-SSA2,38,2524 (c) A subsidiary or affiliate of the applicant in which the applicant holds more
25than a 30 percent ownership interest.
AB426-SSA2,39,5
1(44) "Subsidence" means lateral or vertical ground movement caused by a
2failure, initiated at the mine, of a man-made underground mine, that directly
3damages residences or commercial buildings, except that "subsidence" does not
4include lateral or vertical ground movement caused by earthquake, landslide, soil
5conditions, soil erosion, soil freezing and thawing, or roots of trees and shrubs.
AB426-SSA2,39,8 6(45) "Tailings" means waste material resulting from beneficiation of crushed
7ferrous minerals at a concentrator or from washing, concentration, or treatment of
8crushed ferrous minerals.
AB426-SSA2,39,11 9(46) "Unsuitable" means that the land proposed for mining is not suitable for
10mining because the mining activity will more probably than not destroy or
11irreparably damage any of the following:
AB426-SSA2,39,1412 (a) Habitat required for survival of species of vegetation or wildlife designated
13as endangered through prior inclusion in rules adopted by the department, if the
14endangered species cannot be reestablished elsewhere.
AB426-SSA2,39,1815 (b) Unique features of the land, as determined by state or federal designation
16and incorporated in rules adopted by the department, as any of the following, which
17cannot have their unique characteristic preserved by relocation or replacement
18elsewhere:
AB426-SSA2,39,1919 1. Wilderness areas.
AB426-SSA2,39,2020 2. Wild and scenic rivers.
AB426-SSA2,39,2121 3. National or state parks.
AB426-SSA2,39,2222 4. Wildlife refuges and areas.
AB426-SSA2,39,2323 5. Listed properties, as defined in s. 44.31 (4).
AB426-SSA2,40,3 24(46m) "Wastewater and sludge storage or treatment lagoon" means a
25man-made containment structure that is constructed primarily of earthen

1materials, that is for the treatment or storage of wastewater, storm water, or sludge,
2and that is not a land disposal system, as defined in s. NR 140.05 (11), Wis. Adm.
3Code.
AB426-SSA2,40,4 4(47) "Waters of the state" has the meaning given in s. 281.01 (18).
AB426-SSA2,40,6 5(48) "Water supply" means the sources and their surroundings from which
6water is supplied for drinking or domestic purposes.
AB426-SSA2,40,7 7(49) "Wetland" has the meaning given in s. 23.32 (1).
AB426-SSA2,40,18 8295.43 Responsibilities related to mining. The department shall serve as
9the central unit of state government to ensure that the impact from mining and
10reclamation on the air, lands, waters, plants, fish, and wildlife in this state will be
11minimized and mitigated to the extent practicable. The administration of
12occupational health and safety laws and rules that apply to mining remain
13exclusively the responsibility of the department of safety and professional services.
14The powers and duties of the geological and natural history survey under s. 36.25 (6)
15remain exclusively the responsibility of the geological and natural history survey.
16Nothing in this section prevents the department of safety and professional services
17and the geological and natural history survey from cooperating with the department
18in the exercise of their respective powers and duties.
AB426-SSA2,40,19 19295.44 Exploration. (1) Definitions. In this section:
AB426-SSA2,40,2020 (a) "Abandonment" means the filling or sealing of a drillhole.
AB426-SSA2,40,2321 (b) "Clay slurry" means a fluid mixture of native clay formation or commercial
22clay or clay mineral products and water prepared with only the amount of water
23necessary to produce fluidity.
AB426-SSA2,40,2524 (c) "Concrete grout" means a mixture consisting of type A portland cement and
25an equal or lesser volume of dry sand combined with water.
AB426-SSA2,41,2
1(d) "Driller" means a person who performs core, rotary, percussion, or other
2drilling involved in exploration for ferrous minerals.
AB426-SSA2,41,43 (e) "Drilling site" means the area disturbed by exploration, including the
4drillhole.
AB426-SSA2,41,65 (f) "Dump bailer" means a cylindrical container with a valve that empties the
6contents of the container at the bottom of a drillhole.
AB426-SSA2,41,87 (g) "Explorer" means any person who engages in exploration or who contracts
8for the services of drillers for the purpose of exploration.
AB426-SSA2,41,169 (h) "Exploration" means the on-site geologic examination from the surface of
10an area by core, rotary, percussion, or other drilling, where the diameter of the hole
11does not exceed 18 inches, for the purpose of searching for ferrous minerals or
12establishing the nature of a known ferrous mineral deposit, including associated
13activities such as clearing and preparing sites or constructing roads for drilling.
14"Exploration" does not include drilling for the purpose of collecting soil samples or
15for determining radioactivity by means of placement of devices that are sensitive to
16radiation.
AB426-SSA2,41,1817 (i) "License year" means the period beginning on July 1 of any year and ending
18on the following June 30.
AB426-SSA2,41,2019 (j) "Neat cement grout" means a mixture consisting of type A portland cement
20and water.
AB426-SSA2,41,2221 (k) "Termination" means the filling of drillholes and the reclamation of a
22drilling site.
AB426-SSA2,42,3 23(2) License. No person may engage in exploration, or contract for the services
24of drillers for purposes of exploration, without an annual license from the
25department. The department shall provide copies of the application for an

1exploration license to the state geologist upon issuance of the exploration license. A
2person seeking an exploration license shall file an application that includes all of the
3following:
AB426-SSA2,42,44 (a) An exploration plan that includes all of the following:
AB426-SSA2,42,65 1. A description of the site where the exploration will take place and a map of
6that area showing the locations of the exploration.
AB426-SSA2,42,77 2. A description of the means and method that will be used for the exploration.
AB426-SSA2,42,98 3. A description of the grading and stabilization of the excavation, sides, and
9benches that will be conducted.
AB426-SSA2,42,1110 4. A description of how the grading and stabilization of any deposits of refuse
11will be conducted.
AB426-SSA2,42,1312 5. A description of how any diversion and drainage of water from the
13exploration site will be conducted.
AB426-SSA2,42,1414 6. A description of how any backfilling will be conducted.
AB426-SSA2,42,1615 7. A description of how any pollutant-bearing minerals or materials will be
16covered.
AB426-SSA2,42,1817 8. A description of how the topsoils will be removed and stockpiled or how other
18measures will be taken to protect topsoils before exploration.
AB426-SSA2,42,1919 9. A description of how vegetative cover will be provided.
AB426-SSA2,42,2020 10. A description of how any water impoundment will be accomplished.
AB426-SSA2,42,2221 11. Identification of the means and method that will be used to prevent
22significant environmental pollution to the extent practicable.
AB426-SSA2,42,2423 (b) A reclamation plan, designed to minimize adverse effects to the
24environment to the extent practicable, that includes all of the following:
AB426-SSA2,43,3
11. A description of how all toxic and hazardous wastes and other solid waste
2will be disposed of in solid or hazardous waste disposal facilities licensed under ch.
3289 or 291 or otherwise in an environmentally sound manner.
AB426-SSA2,43,54 2. A description of how topsoil will be preserved for purposes of future use in
5reclamation.
AB426-SSA2,43,76 3. A description of how revegetation will be conducted to stabilize disturbed
7soils and prevent air and water pollution to the extent practicable.
AB426-SSA2,43,98 4. A description of how disturbance to wetlands will be minimized to the extent
9practicable.
AB426-SSA2,43,1010 5. A statement that all drillholes will be abandoned in compliance with sub. (5).
AB426-SSA2,43,1111 (c) An exploration license fee of $300.
AB426-SSA2,43,1212 (d) A bond, as provided in sub. (3) (a).
AB426-SSA2,43,1813 (e) A certificate of insurance showing that the applicant has in force a liability
14insurance policy issued by an insurance company licensed to do business in this state
15covering all exploration conducted or contracted for by the explorer in this state and
16affording personal injury and property damage protection in a total amount
17determined to be adequate by the department, but not more than $1,000,000 and not
18less than $50,000.
AB426-SSA2,43,2219 (f) A copy of the applicant's most recent annual report to the federal securities
20and exchange commission on form 10-K, or, if this is not available, a report of the
21applicant's current assets and liabilities or other data necessary to establish that the
22applicant is competent to conduct exploration in this state.
AB426-SSA2,44,4 23(2m) Confidentiality. The department shall protect as confidential any
24information, other than effluent data, contained in an application for an exploration
25license, upon a showing that the information is entitled to protection as a trade

1secret, as defined in s. 134.90 (1) (c), and any information relating to the location,
2quality, or quantity of a ferrous mineral deposit, to production or sales figures, or to
3processes or production unique to the applicant or that would tend to adversely affect
4the competitive position of the applicant if made public.
AB426-SSA2,44,10 5(3) Bond. (a) An applicant shall submit, as part of the application for an
6exploration license, a bond in the amount of $5,000 that is conditioned on faithful
7performance of the requirements of this section, that is issued by a surety company
8licensed to do business in this state, and that provides that the bond may not be
9canceled by the surety, except after not less than 90 days' notice to the department
10in writing by registered or certified mail.
AB426-SSA2,44,1511 (b) If the surety for a bond submitted under par. (a) issues a cancellation notice,
12the explorer shall deliver a replacement bond at least 30 days before the expiration
13of the 90 day notice period. If the explorer fails to submit a replacement bond, the
14explorer may not engage in exploration until the explorer submits a replacement
15bond.
AB426-SSA2,44,2016 (c) If the license of the surety company for a bond submitted under par. (a) is
17revoked or suspended, the explorer, within 30 days after receiving written notice
18from the department, shall deliver a replacement bond. If the explorer fails to submit
19a replacement bond, the explorer may not engage in exploration until the explorer
20submits a replacement bond.
AB426-SSA2,44,2421 (d) The department may require that the amount of the bond submitted under
22this subsection be increased at any time, if the department determines that the level
23of activity by the explorer makes it likely that the bond would be inadequate to fund
24the termination of all drillholes for which the explorer is responsible.
AB426-SSA2,45,4
1(e) The department shall release a bond submitted under this subsection one
2year after the issuance of the last certificate of completion of exploration under sub.
3(9) (c) 3. if the explorer no longer holds an exploration license and the department
4determines that the explorer has complied with this section.
AB426-SSA2,45,13 5(4) Issuance or denial of exploration license. (a) Except as provided in par.
6(c), within 10 business days of receiving an administratively complete application for
7an exploration license, the department shall issue the exploration license or provide
8the notice required under par. (f) of intent not to issue the exploration license, unless
9the application is for an upcoming license year. If an application is for an upcoming
10license year, the department shall issue the exploration license or provide the notice
11required under par. (f) of intent not to issue the exploration license within 10
12business days of receiving an administratively complete application or on the next
13July 1, whichever is later.
AB426-SSA2,46,214 (b) An application for an exploration license is considered to be
15administratively complete on the day that it is submitted, unless, before the 10th
16business day after receiving the application, the department provides the applicant
17with written notification that the application is not administratively complete. The
18department may determine that an application is not administratively complete only
19if the application does not include an exploration plan; a reclamation plan; an
20exploration license fee; a bond; a certificate of insurance; or a copy of the applicant's
21most recent annual report to the federal securities and exchange commission on form
2210-K, or, if this is not available, a report of the applicant's current assets and
23liabilities or other data necessary to establish that the applicant is competent to
24conduct exploration in this state. The department may not consider the quality of

1the information provided. In a notice provided under this paragraph, the
2department shall identify what is missing from the application.
AB426-SSA2,46,103 (c) If the department provides notification, in compliance with par. (b), that an
4application is not administratively complete, the department shall issue the
5exploration license or provide the notice required under par. (f) of intent not to issue
6the license within 7 business days of receipt of the missing item, unless the
7application is for an upcoming license year. If the application is for an upcoming
8license year, the department shall issue the exploration license or provide the notice
9required under par. (f) of intent not to issue the exploration license within 7 business
10days of receipt of the missing item or on the next July 1, whichever is later.
AB426-SSA2,46,1511 (d) If the department does not comply with par. (a) or (c), the application is
12automatically approved and the department shall issue an exploration license that
13includes the requirements in sub. (5). The explorer may engage in exploration based
14on the automatic approval, notwithstanding any delay by the department in issuing
15the license.
AB426-SSA2,46,2016 (e) Subject to par. (f), the department shall deny an application for an
17exploration license if the department finds that, after the activities in the exploration
18plan and the reclamation plan have been completed, the exploration will have a
19substantial and irreparable adverse impact on the environment or present a
20substantial risk of injury to public health and welfare.
AB426-SSA2,47,1021 (f) Before denying an application, the department shall provide the applicant
22with written notification of its intent not to issue the exploration license, setting
23forth all of the reasons for its intent not to issue the exploration license, including
24reference to competent evidence supporting its position. The department shall
25provide the person with an opportunity to correct any deficiencies in the exploration

1plan or reclamation plan within 10 business days. If the person amends the
2exploration plan or reclamation plan and corrects the deficiencies, the department
3shall issue the exploration license within 10 business days of receipt of the amended
4exploration plan or reclamation plan, unless the application is for an upcoming
5license year. If an application is for an upcoming license year, the department shall
6issue the exploration license within 10 business days of receipt of the amended
7exploration plan or reclamation plan or on the next July 1, whichever is later. If the
8department determines that the deficiencies have not been corrected, it shall deny
9the application, in writing, setting forth all of the reasons for its determination,
10including reference to competent evidence supporting the determination.
AB426-SSA2,47,12 11(5) Requirements in exploration license. The department shall include all of
12the following in an exploration license:
AB426-SSA2,47,1613 (a) A requirement that if the explorer wishes to temporarily abandon a drillhole
14so that the explorer may use the drillhole for future exploration, the explorer leave
15the well casing in place and seal the upper end of the casing with a watertight
16threaded or welded cap.
AB426-SSA2,47,1917 (b) A requirement to permanently abandon a drillhole 4 inches in diameter or
18smaller by filling the drillhole from the bottom upward to the surface of the ground
19with concrete grout or neat cement grout.
AB426-SSA2,47,2220 (c) A requirement to abandon a drillhole larger than 4 inches in diameter by
21filling the drillhole from the bottom upward to the surface of the ground with
22concrete grout or neat cement grout or in one of the following ways:
AB426-SSA2,48,523 1. If the drillhole is constructed in limestone, dolomite, shale, or Precambrian
24formations, such as granite, gabbro, gneiss, schist, slate, greenstone, or quartzite, by
25filling the drillhole with gravel or crushed rock or, if it is physically impracticable to

1use gravel or crushed rock and if the department approves, with clay slurry, from the
2bottom upward to a point 20 feet below the top of the first rock formation encountered
3below the surface of the ground or to at least 40 feet below the surface of the ground,
4whichever is the greater depth, and filling the remainder of the drillhole with
5concrete grout or neat cement grout.
AB426-SSA2,48,126 2. If the drillhole is constructed in sandstone formation, by filling the drillhole
7with disinfected sand or pea gravel or, if it is physically impracticable to use sand or
8pea gravel and if the department approves, with clay slurry, from the bottom upward
9to a point 20 feet below the top of the first rock formation encountered below the
10surface of the ground or to at least 40 feet below the surface of the ground, whichever
11is the greater depth, and filling the remainder of the drillhole with concrete grout or
12neat cement grout.
AB426-SSA2,48,1613 3. If the drillhole is constructed in glacial drift or other unconsolidated
14formation, by filling the hole with clean clay slurry to a point 20 feet below the surface
15of the ground and filling the remainder of the drillhole with concrete grout or neat
16cement grout.
AB426-SSA2,48,2017 4. If the drillhole is constructed in mixed rock types, by filling the drillhole as
18provided in subds. 1., 2., and 3., and providing a concrete grout or neat cement grout
19plug that extends at least 20 feet above and below the point of surface contact
20between each recognized geologic rock type.
AB426-SSA2,48,2221 (d) 1. A requirement to use a conductor pipe or, when practical, a dump bailer
22when filling a drillhole.
AB426-SSA2,48,2523 2. A requirement to keep the bottom end of the conductor pipe submerged in
24concrete grout or neat cement grout at all times when concrete grout or neat cement
25grout is placed under water using a conductor pipe.
AB426-SSA2,49,4
13. A requirement to fill the drillhole at the same time that all or part of the
2drillhole casing is removed from an unconsolidated formation, such as sand or gravel,
3that will not remain open upon abandonment of a drillhole and to keep the end of the
4casing below the surface of the fill material throughout the operation.
AB426-SSA2,49,85 (e) A requirement to obtain approval from the department of the method of
6containing the flow from, and the method of eventual abandonment of, a drillhole
7that penetrates an aquifer under artesian pressure so that the groundwater flows at
8the surface of the ground.
AB426-SSA2,49,10 9(6) Renewals. (a) An explorer wishing to renew an exploration license shall
10file with the department a renewal application that includes all of the following:
AB426-SSA2,49,1111 1. A renewal fee of $150.
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