AB426-SSA2,26,521
293.01
(7) "Merchantable by-product" means all waste soil, rock, mineral,
22liquid, vegetation and other material directly resulting from or displaced by the
23mining, cleaning or preparation of
nonferrous metallic minerals during mining
24operations which are determined by the department to be marketable upon a
25showing of marketability made by the operator, accompanied by a verified statement
1by the operator of his or her intent to sell such material within 3 years from the time
2it results from or is displaced by mining. If after 3 years from the time merchantable
3by-product results from or is displaced by mining such material has not been
4transported off the mining site, it shall be considered and regulated as refuse unless
5removal is continuing at a rate of more than 12,000 cubic yards per year.
AB426-SSA2,26,118
293.01
(9) "Mining" or "mining operation" means all or part of the process
9involved in the mining of
nonferrous metallic minerals, other than for exploration or
10prospecting, including commercial extraction, agglomeration, beneficiation,
11construction of roads, removal of overburden and the production of refuse.
AB426-SSA2,26,1813
293.01
(12) "Mining site" means the surface area disturbed by a mining
14operation, including the surface area from which the
nonferrous metallic minerals
15or refuse or both have been removed, the surface area covered by refuse, all lands
16disturbed by the construction or improvement of haulageways, and any surface areas
17in which structures, equipment, materials and any other things used in the mining
18operation are situated.
AB426-SSA2,26,2220
293.01
(12m) "Nonferrous metallic mineral" means an ore or other earthen
21material to be excavated from the natural deposits on or in the earth for its metallic
22content but not primarily for its iron oxide content.
AB426-SSA2,27,1124
293.01
(18) "Prospecting" means engaging in the examination of an area for the
25purpose of determining the quality and quantity of
nonferrous metallic minerals,
1other than for exploration but including the obtaining of
an ore a nonferrous metallic
2mineral sample, by such physical means as excavating, trenching, construction of
3shafts, ramps and tunnels and other means, other than for exploration, which the
4department, by rule, identifies, and the production of prospecting refuse and other
5associated activities. "Prospecting" shall not include such activities when the
6activities are, by themselves, intended for and capable of commercial exploitation of
7the underlying
nonferrous ore body. However, the fact that prospecting activities and
8construction may have use ultimately in mining, if approved, shall not mean that
9prospecting activities and construction constitute mining within the meaning of sub.
10(9), provided such activities and construction are reasonably related to prospecting
11requirements.
AB426-SSA2,27,1813
293.01
(25) "Refuse" means all waste soil, rock, mineral, liquid, vegetation and
14other material, except merchantable by-products, directly resulting from or
15displaced by the prospecting or mining and from the cleaning or preparation of
16nonferrous metallic minerals during prospecting or mining operations, and shall
17include all waste materials deposited on or in the prospecting or mining site from
18other sources.
AB426-SSA2,27,2120
293.21
(1) (a) "Driller" means a person who performs core, rotary, percussion
21or other drilling involved in exploration for
nonferrous metallic minerals.
AB426-SSA2,28,523
293.25
(2) (a)
Applicability. Except as provided under par. (b), ss. 293.21 and
24293.81 and rules promulgated under those sections apply to radioactive waste site
25exploration, to activities related to radioactive waste site exploration and to persons
1engaging in or intending to engage in radioactive waste site exploration or related
2activities in the same manner as those sections and rules are applicable to
3nonferrous metallic mineral exploration, to activities related to
nonferrous metallic 4mineral exploration and to persons engaging in or intending to engage in
nonferrous
5metallic mineral exploration or related activities.
AB426-SSA2,28,157
293.25
(4) Regulation of exploration and related provisions. Sections
8293.13, 293.15 (1) to (12), 293.85, 293.87 and 293.89 and rules promulgated under
9those sections apply to radioactive waste site exploration, to activities related to
10radioactive waste site exploration and to persons engaging in or intending to engage
11in radioactive waste site exploration or related activities in the same manner as
12those sections and rules are applicable to
nonferrous metallic mineral exploration,
13to activities related to
nonferrous metallic mineral exploration and to persons
14engaging in or intending to engage in
nonferrous metallic mineral exploration or
15related activities.
AB426-SSA2,29,217
293.37
(4) (b) If the department finds that the anticipated life and total area
18of a
nonferrous metallic mineral deposit are of sufficient magnitude that reclamation
19of the mining site consistent with this chapter requires a comprehensive plan for the
20entire affected area, it shall require an operator to submit with the application for
21a mining permit, amended mining site or change in mining or reclamation plan, a
22comprehensive long-term plan showing, in detail satisfactory to the department, the
23manner, location and time for reclamation of the entire area of contiguous land which
24will be affected by mining and which is owned, leased or under option for purchase
25or lease by the operator at the time of application. Where a
nonferrous metallic
1mineral deposit lies on or under the lands of more than one operator, the department
2shall require the operators to submit mutually consistent comprehensive plans.
AB426-SSA2,29,84
293.47
(1) (b) "Geologic information" means information concerning
5descriptions of
an a nonferrous ore body, descriptions of reserves, tonnages and
6grades of
nonferrous ore, descriptions of a drill core or bulk sample including
7analysis, descriptions of drill hole depths, distances and similar information related
8to the
nonferrous ore body.
AB426-SSA2,29,1110
293.50
(1) (b) "Sulfide ore body" means a mineral deposit in which
nonferrous 11metals are mixed with sulfide minerals.
AB426-SSA2, s. 92
12Section
92. 293.50 (2) (intro.) of the statutes is amended to read:
AB426-SSA2,29,1513
293.50
(2) (intro.) Beginning on May 7, 1998, the department may not issue a
14permit under s. 293.49 for
the purpose of the mining of a sulfide ore body until all of
15the following conditions are satisfied:
AB426-SSA2,29,2217
293.50
(2) (a) The department determines, based on information provided by
18an applicant for a permit under s. 293.49 and verified by the department, that a
19mining operation has operated in a sulfide ore body which, together with the host
20nonferrous rock, has a net acid generating potential in the United States or Canada
21for at least 10 years without the pollution of groundwater or surface water from acid
22drainage at the tailings site or at the mine site or from the release of heavy metals.
AB426-SSA2,30,524
293.50
(2) (b) The department determines, based on information provided by
25an applicant for a permit under s. 293.49 and verified by the department, that a
1mining operation that operated in a sulfide ore body which, together with the host
2nonferrous rock, has a net acid generating potential in the United States or Canada
3has been closed for at least 10 years without the pollution of groundwater or surface
4water from acid drainage at the tailings site or at the mine site or from the release
5of heavy metals.
AB426-SSA2,30,227
293.51
(1) Upon notification that an application for a prospecting or mining
8permit has been approved by the department but prior to commencing prospecting
9or mining, the operator shall file with the department a bond conditioned on faithful
10performance of all of the requirements of this chapter and all rules adopted by the
11department under this chapter. The bond shall be furnished by a surety company
12licensed to do business in this state. In lieu of a bond, the operator may deposit cash,
13certificates of deposit or government securities with the department. Interest
14received on certificates of deposit and government securities shall be paid to the
15operator. The amount of the bond or other security required shall be equal to the
16estimated cost to the state of fulfilling the reclamation plan, in relation to that
17portion of the site that will be disturbed by the end of the following year. The
18estimated cost of reclamation of each prospecting or mining site shall be determined
19by the department on the basis of relevant factors including, but not limited to,
20expected changes in the price index, topography of the site, methods being employed,
21depth and composition of overburden and depth of
nonferrous metallic mineral
22deposit being mined.
AB426-SSA2,31,324
293.65
(3) (a) An approval under s. 281.34 is required to withdraw groundwater
25for prospecting or mining or to dewater mines if the capacity and rate of withdrawal
1of all wells involved in the withdrawal of groundwater or the dewatering of mines
2exceeds 100,000 gallons each day. A permit under s. 283.31 is required to discharge
3pollutants resulting from the dewatering of mines.
AB426-SSA2,31,115
293.65
(3) (b) The department may not issue an approval under s. 281.34 if the
6withdrawal of groundwater for prospecting or mining purposes or the dewatering of
7mines will result in the unreasonable detriment of public or private water supplies
8or the unreasonable detriment of public rights in the waters of the state. No
9withdrawal of groundwater
for prospecting or mining purposes or
the dewatering of
10mines may be made to the unreasonable detriment of public or private water supplies
11or the unreasonable detriment of public rights in the waters of the state.
AB426-SSA2,31,24
13293.86 Visitorial powers of department. Any duly authorized officer,
14employee or representative of the department may enter and inspect any property,
15premises or place on or at which any prospecting or
metallic mining operation or
16facility is located or is being constructed or installed at any reasonable time for the
17purpose of ascertaining the state of compliance with this chapter and chs. 281, 285,
18289 to 292,
295 and 299
, subchs. I and II of ch. 295, and rules adopted pursuant
19thereto. No person may refuse entry or access to any such authorized representative
20of the department who requests entry for purposes of inspection, and who presents
21appropriate credentials, nor may any person obstruct, hamper or interfere with any
22such inspection. The department shall furnish to the prospector or operator, as
23indicated in the prospecting or mining permit, a written report setting forth all
24observations, relevant information and data which relate to compliance status.
AB426-SSA2, s. 99
25Section
99. Chapter 295 (title) of the statutes is amended to read:
AB426-SSA2,32,42
NONMETALLIC MINING RECLAMATION;
3
OIL AND GAS
;
4
ferrous metallic mining
AB426-SSA2,32,76
295.16
(4) (f) Any mining operation, the reclamation of which is required in a
7permit obtained under ch. 293
or subch. III of ch. 295.
AB426-SSA2, s. 101
8Section
101. Subchapter III of chapter 295 [precedes 295.40] of the statutes
9is created to read:
AB426-SSA2,32,1211
Subchapter III
12
ferrous metallic mining
AB426-SSA2,32,13
13295.40 Legislative findings. The legislature finds all of the following:
AB426-SSA2,32,15
14(1) That attracting and aiding new mining enterprises and expanding the
15mining industry in Wisconsin is part of Wisconsin public policy.
AB426-SSA2,32,18
16(2) That mining for nonferrous metallic minerals is different from mining for
17ferrous minerals because in mining for nonferrous metallic minerals, sulfite
18minerals react, when exposed to air and water, to form acid drainage.
AB426-SSA2,32,22
19(3) That if the mineral products and waste materials associated with
20nonferrous metallic sulfide mining operations are not properly managed and
21controlled, they can cause significant damage to the environment, affect human
22health, and degrade the quality of life of the affected community.
AB426-SSA2,32,25
23(4) That the special concerns surrounding nonferrous metallic mining warrant
24more stringent regulatory measures than those warranted for ferrous mining
25operations.
AB426-SSA2,33,3
1(5) That the provisions in ch. 293, 2009 stats., are a deterrent to ferrous mining
2in this state and are not necessary to ensure that ferrous mining will be conducted
3in an environmentally sound manner.
AB426-SSA2,33,7
4(6) That simplifying and shortening the permitting process for ferrous metallic
5mineral mining when compared to nonferrous metallic mineral mining, as
6Minnesota and Michigan have done, will encourage ferrous metallic mineral mining
7in Wisconsin and create jobs and generate resources for the state.
AB426-SSA2,33,13
8(7) That because of the fixed location of ferrous mineral deposits in the state,
9it is probable that mining those deposits will result in adverse impacts to wetlands
10and that, therefore, the use of wetlands for bulk sampling and mining activities,
11including the disposal or storage of mining wastes or materials, or the use of other
12lands for mining activities that would have a significant adverse impact on wetlands,
13is presumed to be necessary.
AB426-SSA2,33,14
14295.41 Definitions. In this subchapter:
AB426-SSA2,33,17
15(1) "Air pollution" means the presence in the atmosphere of one or more air
16contaminants in such quantities and of such duration as is injurious to human health
17or welfare, animal or plant life, or property.
AB426-SSA2,33,19
18(2) "Applicant" means a person who applies for, or is preparing to apply for, an
19exploration license or a mining permit or who files a bulk sampling plan.
AB426-SSA2,33,24
20(3) "Approval" means any permit, license, certification, contract, or other
21authorization that the department issues, or any other action by the department,
22that is required for exploration, to engage in bulk sampling at a bulk sampling site,
23or to construct or operate a mining site, including any action required for any of the
24following:
AB426-SSA2,34,3
1(a) The withdrawal of land entered as county forest land under s. 28.11 and any
2modification of, or amendment to, a county forest land use plan necessitated by the
3withdrawal of the land.
AB426-SSA2,34,44
(b) The withdrawal of land entered as forest cropland under s. 77.10.
AB426-SSA2,34,75
(c) The withdrawal of land designated as managed forest land under subch. VI
6of ch. 77 and any modification of, or amendment to, a managed forest land
7management plan necessitated by the withdrawal of the land.
AB426-SSA2,34,10
8(4) "Background water quality" means the concentration of a substance in
9groundwater as determined by monitoring at locations that will not be affected by
10a mining site.
AB426-SSA2,34,13
11(5) "Baseline water quality" means the concentration of a substance in
12groundwater or surface water as determined by monitoring before mining operations
13begin.
AB426-SSA2,34,15
14(6) "Borrow materials" means soil or rock used in construction or reclamation
15activities.
AB426-SSA2,34,20
16(7) "Bulk sampling" means excavating in a potential mining site by removing
17less than 10,000 tons of material for the purposes of obtaining site-specific data to
18assess the quality and quantity of the ferrous mineral deposits and of collecting data
19from and analyzing the excavated materials in order to prepare the application for
20a mining permit or for any other approval.
AB426-SSA2,34,22
21(8) "Closing" means the time at which a mining waste site ceases to accept
22mining wastes.
AB426-SSA2,34,24
23(9) "Closure" means the actions taken by an operator to prepare a mining waste
24site for long-term care and to make it suitable for other uses.
AB426-SSA2,35,2
1(10) "Construct" means to engage in a program of on-site construction,
2including site clearing, grading, dredging, or filling of land.
AB426-SSA2,35,3
3(11) "Department" means the department of natural resources.
AB426-SSA2,35,5
4(12) "Disposal" means the discharge, deposit, injection, dumping, or placing of
5a substance into or on any land or water.
AB426-SSA2,35,8
6(14) "Environmental impact report" means a document submitted by a person
7seeking a mining permit that discloses environmental impacts of the proposed
8mining.
AB426-SSA2,35,10
9(15) "Environmental impact statement" means a detailed statement under s.
101.11 (2) (c).
AB426-SSA2,35,13
11(16) "Environmental pollution" means contaminating or rendering unclean or
12impure the air, land, or waters of the state, or making the air, land, or waters of the
13state injurious to public health or animal or plant life.
AB426-SSA2,35,14
14(17) "Exploration license" means a license under s. 295.44.
AB426-SSA2,35,17
15(18) "Ferrous mineral" means an ore or earthen material in natural deposits
16in or on the earth that primarily exists in the form of an iron oxide, including taconite
17and hematite.
AB426-SSA2,35,19
18(19) "Fill area" means an area proposed to receive or that is receiving direct
19application of mining waste.
AB426-SSA2,35,21
20(20) "Freeboard" means the height of the top of a dam above the adjacent liquid
21surface within the impoundment.
AB426-SSA2,35,23
22(21) "Groundwater" means any of the waters of the state occurring in a
23saturated subsurface geological formation of rock or soil.
AB426-SSA2,35,25
24(22) "Groundwater quality" means the chemical, physical, biological, thermal,
25or radiological quality of groundwater at a site or within an underground aquifer.
AB426-SSA2,36,4
1(23) "Groundwater quality standards" means numerical values consisting of
2enforcement standards and preventive action limits contained in Table 1 of s. NR
3140.10, and Table 2 of s. NR 140.12, Wis. Adm. Code, and any preventive action limits
4for indicator parameters identified under s. NR 140.20 (2).
AB426-SSA2,36,7
5(24) "Leachate" means water or other liquid that has been contaminated by
6dissolved or suspended materials due to contact with refuse disposed of on the
7mining site.
AB426-SSA2,36,14
8(25) "Merchantable by-product" means all waste soil, rock, mineral, liquid,
9vegetation, and other material directly resulting from or displaced by the mining,
10cleaning, or preparation of minerals, during mining operations, that are determined
11by the department to be marketable upon a showing of marketability made by the
12operator, accompanied by a verified statement by the operator of his or her intent to
13sell the material within 3 years from the time it results from or is displaced by
14mining.
AB426-SSA2,36,20
15(26) "Mining" means all or part of the process involved in the mining of a
16ferrous mineral, other than for exploration, including commercial extraction,
17agglomeration, beneficiation, construction of roads, removal of overburden, and the
18production of refuse, involving the removal of more than 15,000 tons of earth
19material a year in the regular operation of a business for the purpose of extracting
20a ferrous mineral.
AB426-SSA2,36,21
21(27) "Mining permit" means the permit under s. 295.58.
AB426-SSA2,36,24
22(28) "Mining plan" means a proposal for mining on a mining site, including a
23description of the systematic activities to be used for the purpose of extracting
24ferrous minerals.
AB426-SSA2,37,5
1(29) "Mining site" means the surface area disturbed by mining, including the
2surface area from which the ferrous minerals or refuse or both have been removed,
3the surface area covered by refuse, all lands disturbed by the construction or
4improvement of haulageways, and any surface areas in which structures,
5equipment, materials, and any other things used in the mining are situated.
AB426-SSA2,37,13
6(30) "Mining waste" means tailings, waste rock, mine overburden, waste
7treatment sludges, or other discarded material, including solid, liquid, semi-solid,
8or contained gaseous material, resulting from mining or from the cleaning or
9preparation of ferrous minerals during mining operations, except that "mining
10waste" does not include topsoil and mine overburden intended to be returned to the
11mining site or used in the reclamation process and that is placed on the mining site
12for those purposes, as provided for in the approved mining plan, and does not include
13merchantable by-products.
AB426-SSA2,37,18
14(31) "Mining waste site" means any land or appurtenances thereto used for the
15storage or disposal of mining waste or for the storage of merchantable by-products,
16but does not include land or appurtenances used in the production or transportation
17of mining waste, such as the concentrator, haul roads, or tailings pipelines, that are
18part of the mining site.
AB426-SSA2,37,21
19(32) "Nonferrous metallic mineral" means an ore or other earthen material to
20be excavated from natural deposits on or in the earth for its metallic content but not
21primarily for its iron oxide content.