Amendment SSA2-AB426

AB426-SSA2, s. 66 Section 66. 196.491 (3) (a) 3. b. of the statutes is amended to read:

AB426-SSA2,22,20 196.491 (3) (a) 3. b. Within Except as provided under subd. 3. c., within 20 days after the department provides a listing specified in subd. 3. a. to a person, the person shall apply for the permits and approvals identified in the listing. The department shall determine whether an application under this subd. 3. b. is complete and, no later than 30 days after the application is filed, notify the applicant about the determination. If the department determines that the application is incomplete, the notice shall state the reason for the determination. An applicant may supplement and refile an application that the department has determined to be incomplete. There is no limit on the number of times that an applicant may refile an application under this subd. 3. b. If the department fails to determine whether an application is complete within 30 days after the application is filed, the application shall be considered to be complete. The department shall complete action on an application under this subd. 3. b. for any permit or approval that is required prior to construction of a facility within 120 days after the date on which the application is determined or considered to be complete.

AB426-SSA2, s. 67 Section 67. 196.491 (3) (a) 3. c. of the statutes is created to read:

AB426-SSA2,22,25 196.491 (3) (a) 3. c. The 20-day deadline specified in subd. 3. b. for applying for the applicable permits and approvals specified in the listing provided by the department does not apply to a person proposing to construct a utility facility for ferrous mineral mining and processing activities governed by subch. III of ch. 295.

AB426-SSA2, s. 68 Section 68. 196.491 (4) (b) 2. of the statutes is amended to read:

AB426-SSA2,23,9 196.491 (4) (b) 2. The person shows to the satisfaction of the commission that the person reasonably anticipates, at the time that construction of the equipment or facilities commences, that on each day that the equipment and facilities are in operation the person will consume no less than 70% of the aggregate kilowatt hours output from the equipment and facilities in manufacturing processes at the site where the equipment and facilities are located or in ferrous mineral mining and processing activities governed by subch. III of ch. 295 at the site where the equipment and facilities are located.

AB426-SSA2, s. 69 Section 69. 227.483 (3) (c) of the statutes is created to read:

AB426-SSA2,23,14 227.483 (3) (c) If the proceeding relates to mining for ferrous minerals, as defined in s. 295.41 (18), that the petition, claim, or defense was commenced, used, or continued primarily for the purpose of causing delay to an activity authorized under a license that is the subject of the hearing.

AB426-SSA2, s. 70 Section 70. 238.14 of the statutes is created to read:

AB426-SSA2,23,20 238.14 Business development grants and loans. When funds described in s. 25.49 (2m) are appropriated to the corporation, the corporation shall use the funds to make grants and loans to businesses in this state, and the corporation shall give preference for grants and loans to businesses located in an area affected by mining for ferrous minerals.

AB426-SSA2, s. 71 Section 71. 281.65 (2) (a) of the statutes is amended to read:

AB426-SSA2,24,9 281.65 (2) (a) "Best management practices" means practices, techniques or measures, except for dredging, identified in areawide water quality management plans, which are determined to be effective means of preventing or reducing pollutants generated from nonpoint sources, or from the sediments of inland lakes polluted by nonpoint sources, to a level compatible with water quality objectives established under this section and which do not have an adverse impact on fish and wildlife habitat. The practices, techniques or measures include land acquisition, storm sewer rerouting and the removal of structures necessary to install structural urban best management practices, facilities for the handling and treatment of milkhouse wastewater, repair of fences built using grants under this section and measures to prevent or reduce pollutants generated from mine tailings disposal sites for which the department has not approved a plan of operation under s. 289.30 or s. 295.51.

AB426-SSA2, s. 72 Section 72. 281.75 (17) (b) of the statutes is amended to read:

AB426-SSA2,24,12 281.75 (17) (b) This section does not apply to contamination which is compensable under subch. II of ch. 107 or s. 293.65 (4) or 295.61 (8).

AB426-SSA2, s. 73 Section 73. 287.13 (5) (e) of the statutes is amended to read:

AB426-SSA2,24,18 287.13 (5) (e) Solid waste produced by a commercial business or industry which is disposed of or held for disposal in an approved facility, as defined under s. 289.01 (3), or a mining waste site, as defined in s. 295.41 (31), covered by a mining permit under s. 295.58, owned, or leased by the generator and designed and constructed for the purpose of accepting that type of solid waste.

AB426-SSA2, s. 74 Section 74. 289.35 of the statutes is amended to read:

AB426-SSA2,24,25 289.35 Shoreland and floodplain zoning. Solid waste facilities are prohibited within areas under the jurisdiction of shoreland and floodplain zoning regulations adopted under ss. 59.692, 61.351, 62.231 and , 87.30, and 281.31, except that the department may issue permits authorizing facilities in such areas. If the department issues a permit under this section, the permit shall specify the location, height, or size of the solid waste facility authorized under the permit.

AB426-SSA2, s. 75 Section 75. 289.62 (2) (g) 2. and 6. of the statutes are amended to read:

AB426-SSA2,25,3 289.62 (2) (g) 2. For nonhazardous tailing solids or for nonacid producing taconite tailing solids, 0.2 cent per ton.

AB426-SSA2,25,5 6. For nonhazardous waste rock or for nonacid producing taconite waste rock, 0.1 cent per ton.

AB426-SSA2, s. 76 Section 76. 292.01 (1m) of the statutes is amended to read:

AB426-SSA2,25,8 292.01 (1m) "Approved mining facility" has the meaning given in s. 289.01 (4) and includes a mining waste site as defined in s. 295.41 (31).

AB426-SSA2, s. 77 Section 77. Chapter 293 (title) of the statutes is amended to read:

AB426-SSA2,25,10 CHAPTER 293

AB426-SSA2,25,11 nonferrous METALLIC MINING

AB426-SSA2, s. 78 Section 78. 293.01 (5) of the statutes is amended to read:

AB426-SSA2,25,19 293.01 (5) "Mineral exploration" or "exploration", unless the context requires otherwise, means the on-site geologic examination from the surface of an area by core, rotary, percussion or other drilling, where the diameter of the hole does not exceed 18 inches, for the purpose of searching for nonferrous metallic minerals or establishing the nature of a known nonferrous metallic mineral deposit, and includes associated activities such as clearing and preparing sites or constructing roads for drilling.

AB426-SSA2, s. 79 Section 79. 293.01 (7) of the statutes is amended to read:

AB426-SSA2,26,5 293.01 (7) "Merchantable by-product" means all waste soil, rock, mineral, liquid, vegetation and other material directly resulting from or displaced by the mining, cleaning or preparation of nonferrous metallic minerals during mining operations which are determined by the department to be marketable upon a showing of marketability made by the operator, accompanied by a verified statement by the operator of his or her intent to sell such material within 3 years from the time it results from or is displaced by mining. If after 3 years from the time merchantable by-product results from or is displaced by mining such material has not been transported off the mining site, it shall be considered and regulated as refuse unless removal is continuing at a rate of more than 12,000 cubic yards per year.

AB426-SSA2, s. 80 Section 80. 293.01 (8) of the statutes is repealed.

AB426-SSA2, s. 81 Section 81. 293.01 (9) of the statutes is amended to read:

AB426-SSA2,26,11 293.01 (9) "Mining" or "mining operation" means all or part of the process involved in the mining of nonferrous metallic minerals, other than for exploration or prospecting, including commercial extraction, agglomeration, beneficiation, construction of roads, removal of overburden and the production of refuse.

AB426-SSA2, s. 82 Section 82. 293.01 (12) of the statutes is amended to read:

AB426-SSA2,26,18 293.01 (12) "Mining site" means the surface area disturbed by a mining operation, including the surface area from which the nonferrous metallic minerals or refuse or both have been removed, the surface area covered by refuse, all lands disturbed by the construction or improvement of haulageways, and any surface areas in which structures, equipment, materials and any other things used in the mining operation are situated.

AB426-SSA2, s. 83 Section 83. 293.01 (12m) of the statutes is created to read:

AB426-SSA2,26,22 293.01 (12m) "Nonferrous metallic mineral" means an ore or other earthen material to be excavated from the natural deposits on or in the earth for its metallic content but not primarily for its iron oxide content.

AB426-SSA2, s. 84 Section 84. 293.01 (18) of the statutes is amended to read:

AB426-SSA2,27,11 293.01 (18) "Prospecting" means engaging in the examination of an area for the purpose of determining the quality and quantity of nonferrous metallic minerals, other than for exploration but including the obtaining of an ore a nonferrous metallic mineral sample, by such physical means as excavating, trenching, construction of shafts, ramps and tunnels and other means, other than for exploration, which the department, by rule, identifies, and the production of prospecting refuse and other associated activities. "Prospecting" shall not include such activities when the activities are, by themselves, intended for and capable of commercial exploitation of the underlying nonferrous ore body. However, the fact that prospecting activities and construction may have use ultimately in mining, if approved, shall not mean that prospecting activities and construction constitute mining within the meaning of sub. (9), provided such activities and construction are reasonably related to prospecting requirements.

AB426-SSA2, s. 85 Section 85. 293.01 (25) of the statutes is amended to read:

AB426-SSA2,27,18 293.01 (25) "Refuse" means all waste soil, rock, mineral, liquid, vegetation and other material, except merchantable by-products, directly resulting from or displaced by the prospecting or mining and from the cleaning or preparation of nonferrous metallic minerals during prospecting or mining operations, and shall include all waste materials deposited on or in the prospecting or mining site from other sources.

AB426-SSA2, s. 86 Section 86. 293.21 (1) (a) of the statutes is amended to read:

AB426-SSA2,27,21 293.21 (1) (a) "Driller" means a person who performs core, rotary, percussion or other drilling involved in exploration for nonferrous metallic minerals.

AB426-SSA2, s. 87 Section 87. 293.25 (2) (a) of the statutes is amended to read:

AB426-SSA2,28,5 293.25 (2) (a) Applicability. Except as provided under par. (b), ss. 293.21 and 293.81 and rules promulgated under those sections apply to radioactive waste site exploration, to activities related to radioactive waste site exploration and to persons engaging in or intending to engage in radioactive waste site exploration or related activities in the same manner as those sections and rules are applicable to nonferrous metallic mineral exploration, to activities related to nonferrous metallic mineral exploration and to persons engaging in or intending to engage in nonferrous metallic mineral exploration or related activities.

AB426-SSA2, s. 88 Section 88. 293.25 (4) of the statutes is amended to read:

AB426-SSA2,28,15 293.25 (4) Regulation of exploration and related provisions. Sections 293.13, 293.15 (1) to (12), 293.85, 293.87 and 293.89 and rules promulgated under those sections apply to radioactive waste site exploration, to activities related to radioactive waste site exploration and to persons engaging in or intending to engage in radioactive waste site exploration or related activities in the same manner as those sections and rules are applicable to nonferrous metallic mineral exploration, to activities related to nonferrous metallic mineral exploration and to persons engaging in or intending to engage in nonferrous metallic mineral exploration or related activities.

AB426-SSA2, s. 89 Section 89. 293.37 (4) (b) of the statutes is amended to read:

AB426-SSA2,29,2 293.37 (4) (b) If the department finds that the anticipated life and total area of a nonferrous metallic mineral deposit are of sufficient magnitude that reclamation of the mining site consistent with this chapter requires a comprehensive plan for the entire affected area, it shall require an operator to submit with the application for a mining permit, amended mining site or change in mining or reclamation plan, a comprehensive long-term plan showing, in detail satisfactory to the department, the manner, location and time for reclamation of the entire area of contiguous land which will be affected by mining and which is owned, leased or under option for purchase or lease by the operator at the time of application. Where a nonferrous metallic mineral deposit lies on or under the lands of more than one operator, the department shall require the operators to submit mutually consistent comprehensive plans.

AB426-SSA2, s. 90 Section 90. 293.47 (1) (b) of the statutes is amended to read:

AB426-SSA2,29,8 293.47 (1) (b) "Geologic information" means information concerning descriptions of an a nonferrous ore body, descriptions of reserves, tonnages and grades of nonferrous ore, descriptions of a drill core or bulk sample including analysis, descriptions of drill hole depths, distances and similar information related to the nonferrous ore body.

AB426-SSA2, s. 91 Section 91. 293.50 (1) (b) of the statutes is amended to read:

AB426-SSA2,29,11 293.50 (1) (b) "Sulfide ore body" means a mineral deposit in which nonferrous metals are mixed with sulfide minerals.

AB426-SSA2, s. 92 Section 92. 293.50 (2) (intro.) of the statutes is amended to read:

AB426-SSA2,29,15 293.50 (2) (intro.) Beginning on May 7, 1998, the department may not issue a permit under s. 293.49 for the purpose of the mining of a sulfide ore body until all of the following conditions are satisfied:

AB426-SSA2, s. 93 Section 93. 293.50 (2) (a) of the statutes is amended to read:

AB426-SSA2,29,22 293.50 (2) (a) The department determines, based on information provided by an applicant for a permit under s. 293.49 and verified by the department, that a mining operation has operated in a sulfide ore body which, together with the host nonferrous rock, has a net acid generating potential in the United States or Canada for at least 10 years without the pollution of groundwater or surface water from acid drainage at the tailings site or at the mine site or from the release of heavy metals.

AB426-SSA2, s. 94 Section 94. 293.50 (2) (b) of the statutes is amended to read:

AB426-SSA2,30,5 293.50 (2) (b) The department determines, based on information provided by an applicant for a permit under s. 293.49 and verified by the department, that a mining operation that operated in a sulfide ore body which, together with the host nonferrous rock, has a net acid generating potential in the United States or Canada has been closed for at least 10 years without the pollution of groundwater or surface water from acid drainage at the tailings site or at the mine site or from the release of heavy metals.

AB426-SSA2, s. 95 Section 95. 293.51 (1) of the statutes is amended to read:

AB426-SSA2,30,22 293.51 (1) Upon notification that an application for a prospecting or mining permit has been approved by the department but prior to commencing prospecting or mining, the operator shall file with the department a bond conditioned on faithful performance of all of the requirements of this chapter and all rules adopted by the department under this chapter. The bond shall be furnished by a surety company licensed to do business in this state. In lieu of a bond, the operator may deposit cash, certificates of deposit or government securities with the department. Interest received on certificates of deposit and government securities shall be paid to the operator. The amount of the bond or other security required shall be equal to the estimated cost to the state of fulfilling the reclamation plan, in relation to that portion of the site that will be disturbed by the end of the following year. The estimated cost of reclamation of each prospecting or mining site shall be determined by the department on the basis of relevant factors including, but not limited to, expected changes in the price index, topography of the site, methods being employed, depth and composition of overburden and depth of nonferrous metallic mineral deposit being mined.

AB426-SSA2, s. 96 Section 96. 293.65 (3) (a) of the statutes is amended to read:

AB426-SSA2,31,3 293.65 (3) (a) An approval under s. 281.34 is required to withdraw groundwater for prospecting or mining or to dewater mines if the capacity and rate of withdrawal of all wells involved in the withdrawal of groundwater or the dewatering of mines exceeds 100,000 gallons each day. A permit under s. 283.31 is required to discharge pollutants resulting from the dewatering of mines.

AB426-SSA2, s. 97 Section 97. 293.65 (3) (b) of the statutes is amended to read:

AB426-SSA2,31,11 293.65 (3) (b) The department may not issue an approval under s. 281.34 if the withdrawal of groundwater for prospecting or mining purposes or the dewatering of mines will result in the unreasonable detriment of public or private water supplies or the unreasonable detriment of public rights in the waters of the state. No withdrawal of groundwater for prospecting or mining purposes or the dewatering of mines may be made to the unreasonable detriment of public or private water supplies or the unreasonable detriment of public rights in the waters of the state.

AB426-SSA2, s. 98 Section 98. 293.86 of the statutes is amended to read:

AB426-SSA2,31,24 293.86 Visitorial powers of department. Any duly authorized officer, employee or representative of the department may enter and inspect any property, premises or place on or at which any prospecting or metallic mining operation or facility is located or is being constructed or installed at any reasonable time for the purpose of ascertaining the state of compliance with this chapter and chs. 281, 285, 289 to 292, 295 and 299, subchs. I and II of ch. 295, and rules adopted pursuant thereto. No person may refuse entry or access to any such authorized representative of the department who requests entry for purposes of inspection, and who presents appropriate credentials, nor may any person obstruct, hamper or interfere with any such inspection. The department shall furnish to the prospector or operator, as indicated in the prospecting or mining permit, a written report setting forth all observations, relevant information and data which relate to compliance status.

AB426-SSA2, s. 99 Section 99. Chapter 295 (title) of the statutes is amended to read:

AB426-SSA2,32,1 Chapter 295

AB426-SSA2,32,4 NONMETALLIC MINING RECLAMATION; OIL AND GAS; ferrous metallic mining

AB426-SSA2, s. 100 Section 100. 295.16 (4) (f) of the statutes is amended to read:

AB426-SSA2,32,7 295.16 (4) (f) Any mining operation, the reclamation of which is required in a permit obtained under ch. 293 or subch. III of ch. 295.

AB426-SSA2, s. 101 Section 101. Subchapter III of chapter 295 [precedes 295.40] of the statutes is created to read:

AB426-SSA2,32,10 Chapter 295

AB426-SSA2,32,12 Subchapter III ferrous metallic mining

AB426-SSA2,32,13 295.40 Legislative findings. The legislature finds all of the following:

AB426-SSA2,32,15 (1) That attracting and aiding new mining enterprises and expanding the mining industry in Wisconsin is part of Wisconsin public policy.

AB426-SSA2,32,18 (2) That mining for nonferrous metallic minerals is different from mining for ferrous minerals because in mining for nonferrous metallic minerals, sulfite minerals react, when exposed to air and water, to form acid drainage.

AB426-SSA2,32,22 (3) That if the mineral products and waste materials associated with nonferrous metallic sulfide mining operations are not properly managed and controlled, they can cause significant damage to the environment, affect human health, and degrade the quality of life of the affected community.

AB426-SSA2,32,25 (4) That the special concerns surrounding nonferrous metallic mining warrant more stringent regulatory measures than those warranted for ferrous mining operations.

AB426-SSA2,33,3 (5) That the provisions in ch. 293, 2009 stats., are a deterrent to ferrous mining in this state and are not necessary to ensure that ferrous mining will be conducted in an environmentally sound manner.

AB426-SSA2,33,7 (6) That simplifying and shortening the permitting process for ferrous metallic mineral mining when compared to nonferrous metallic mineral mining, as Minnesota and Michigan have done, will encourage ferrous metallic mineral mining in Wisconsin and create jobs and generate resources for the state.

AB426-SSA2,33,13 (7) That because of the fixed location of ferrous mineral deposits in the state, it is probable that mining those deposits will result in adverse impacts to wetlands and that, therefore, the use of wetlands for bulk sampling and mining activities, including the disposal or storage of mining wastes or materials, or the use of other lands for mining activities that would have a significant adverse impact on wetlands, is presumed to be necessary.

AB426-SSA2,33,14 295.41 Definitions. In this subchapter:

AB426-SSA2,33,17 (1) "Air pollution" means the presence in the atmosphere of one or more air contaminants in such quantities and of such duration as is injurious to human health or welfare, animal or plant life, or property.

AB426-SSA2,33,19 (2) "Applicant" means a person who applies for, or is preparing to apply for, an exploration license or a mining permit or who files a bulk sampling plan.

AB426-SSA2,33,24 (3) "Approval" means any permit, license, certification, contract, or other authorization that the department issues, or any other action by the department, that is required for exploration, to engage in bulk sampling at a bulk sampling site, or to construct or operate a mining site, including any action required for any of the following:

AB426-SSA2,34,3 (a) The withdrawal of land entered as county forest land under s. 28.11 and any modification of, or amendment to, a county forest land use plan necessitated by the withdrawal of the land.

AB426-SSA2,34,4 (b) The withdrawal of land entered as forest cropland under s. 77.10.