Amendment SSA2-SB488

SB488-SSA2,103,24 295.57 Application procedure. (1) Submission. (a) An applicant shall submit the application for a mining permit as provided in s. 295.47.

SB488-SSA2,104,6 (b) The department and the state geologist shall protect as confidential any information, other than effluent data, contained in an application for a mining permit, upon a showing that the information is entitled to protection as a trade secret, as defined in s. 134.90 (1) (c), and any information relating to production or sales figures or to processes or production unique to the applicant or that would tend to adversely affect the competitive position of the applicant if made public.

SB488-SSA2,104,13 (2) Determination of administrative completeness. (a) The department shall review an application for a mining permit and, within 30 days after the application is submitted, shall determine either that the application is complete or that additional information is needed. If the department determines that the application is complete, the department shall notify the applicant in writing of that fact within the 30-day period and the date on which the department sends the notice is the day on which the application is administratively complete.

SB488-SSA2,104,21 (b) If the department determines under par. (a) that an application is incomplete, the department shall notify the applicant in writing and may make one request for additional information during the 30-day period specified in par. (a). Within 10 days after receiving additional requested information from the applicant, the department shall notify the applicant in writing as to whether it has received all of the requested information. The day on which the department sends the 2nd notice under this paragraph is the day on which the application is administratively complete.

SB488-SSA2,104,24 (c) If the department fails to meet the 30-day time limit under par. (a) or the 10-day time limit under par. (b), the application is administratively complete on the last day of the 30-day time limit or 10-day time limit.

SB488-SSA2,105,4 (d) The department may request additional information needed to process a mining application from the applicant after the application is administratively complete, but the department may not delay the determination of administrative completeness based on a request for additional information.

SB488-SSA2,105,8 (3) Notice of additional approvals. Within 30 days after the mining permit is administratively complete under sub. (2), the department shall notify the applicant in writing of any approval required for the construction or operation of the mining site that was not previously identified by the department.

SB488-SSA2,105,13 (3m) Receipt of certain approvals. If a storm water discharge permit under s. 283.33 (1) (a) or a water quality certification under rules promulgated under subch. II of ch. 281 to implement 33 USC 1341 (a) is needed for a mining operation, the person applying for the mining permit may apply for and be issued the permit or certification.

SB488-SSA2,105,16 (4) Public information and notice. (a) The department shall make available for review in the city, village, or town in which the proposed mining site is located, information concerning the proposed mining, including all of the following:

SB488-SSA2,105,18 1. The application for the mining permit, including the mining plan, reclamation plan, and mining waste site feasibility study and plan of operation.

SB488-SSA2,105,19 2. Any of the following relating to an approval other than the mining permit:

SB488-SSA2,105,20 a. The application.

SB488-SSA2,105,21 b. A draft approval.

SB488-SSA2,105,22 c. Information or summaries relating to the approval.

SB488-SSA2,105,25 3. The environmental impact statement, environmental impact report, and any additional supporting information used in the department's evaluation of the proposed mining.

SB488-SSA2,106,2 4. The department's analyses and preliminary determinations relating to any approval.

SB488-SSA2,106,10 (b) The department shall distribute a notice that describes the availability of the information under par. (a); the opportunity for written public comment, including an invitation for the submission of written comments by any person within 45 days after the notice is published; and the date, time, and location of the public informational hearing and that includes any additional information that a law concerning any approval requires to be provided. The department shall publish the notice as a Class I notice under ch. 985. The department shall also send the notice to all of the following:

SB488-SSA2,106,12 1. The clerk of any city, village, town, or county with zoning jurisdiction over the proposed mining site.

SB488-SSA2,106,14 2. The clerk of any city, village, town, or county within whose boundaries any portion of the proposed mining site is located.

SB488-SSA2,106,16 3. The clerk of any city, village, or town, contiguous to any city, village, or town within whose boundaries any portion of the proposed mining site is located.

SB488-SSA2,106,19 4. The main public library of each city, village, town, or county with zoning jurisdiction over the proposed mining site or within whose boundaries any portion of the proposed mining site is located.

SB488-SSA2,106,21 5. Any regional planning commission for the area within which the proposed mining site lies.

SB488-SSA2,106,24 6. Any state agency that the department knows is required to grant a permit or other authorization necessary for the construction or operation of the proposed mining project.

SB488-SSA2,107,4 7. The federal environmental protection agency, U.S. Army Corps of Engineers, and states potentially affected by the proposed discharge if a water discharge permit under ch. 283 or a water quality certification for a federal wetland under s. 295.60 (4) is to be considered at the public informational hearing.

SB488-SSA2,107,7 8. The federal environmental protection agency and appropriate agencies in other states that may be affected if an air pollution control permit under ch. 285 is to be considered at the public informational hearing.

SB488-SSA2,107,10 9. If a water withdrawal permit under s. 295.61 for a withdrawal of surface water is to be considered at the public informational hearing, the persons specified in s. 30.18 (4) (a).

SB488-SSA2,107,16 10. If an individual permit under s. 30.12 for a structure through which water transferred from the Great Lakes basin would be returned to the source watershed through a stream tributary to one of the Great Lakes is to be considered at the public informational hearing, the governing body of each city, village, and town through which the stream flows or that is adjacent to the stream downstream from the point at which the water would enter the stream.

SB488-SSA2,107,17 11. Any person upon request.

SB488-SSA2,107,18 12. The applicant.

SB488-SSA2,107,21 13. Any other person to whom the department is required to give notice of any proposed determination, application, or hearing concerning an approval under the laws relating to the issuance of any approval or under s. 1.11.

SB488-SSA2,108,2 (c) The department shall coordinate the public comment period for the mining permit with the public comment period for any other approval for the mining operation, except that if an application for an approval is filed too late to allow public comment within the public comment period for the mining permit, the department shall issue separate notice, as described in par. (b), for the approval after the application is filed.

SB488-SSA2,108,16 (5) Informational hearing. The department shall hold a public informational hearing before issuing or denying a mining permit and not less than 30 days after publishing the notice under sub. (4) (b). The department shall hold the public informational hearing in the county where the majority of the proposed mining site is located. The department shall hold a single public informational hearing covering the mining permit, all other approvals, and the environmental impact statement, except that if an application for an approval is filed too late to allow the application to be considered at the public informational hearing for the mining permit, the department shall hold a separate public informational hearing on the approval in the county where the proposed site is located not less than 30 days after publishing the notice under sub. (4) (b) for the approval. The public informational hearing under this subsection is not a contested case hearing under ch. 227. At the hearing, the department shall take testimony on all of the following with regard to any proposed withdrawal of groundwater or surface water:

SB488-SSA2,108,18 (a) The public rights in any body of water and the related environment that may be injured by the proposed withdrawal of groundwater or surface water.

SB488-SSA2,108,20 (b) The public benefits provided by increased employment, economic activity, and tax revenues from the proposed mining operation.

SB488-SSA2,108,22 (c) The direct and indirect social and economic costs and benefits of the proposed mining operation.

SB488-SSA2,108,24 (d) Whether the proposed withdrawal of groundwater or surface water will consume nonsurplus water.

SB488-SSA2,108,25 (e) The rights of competing users of the groundwater or surface water.

SB488-SSA2,109,2 (f) Any other water withdrawal issues identified by the department as relevant to the decision of whether to issue or deny a permit.

SB488-SSA2,109,6 (6) Summary. After considering the comments received under subs. (4) and (5) and before acting on the application for the mining permit, the department shall prepare a summary of the comments and the department's response to the comments.

SB488-SSA2,109,14 (7) Deadline for acting on mining permit application. (a) No more than 420 days after the day on which the application for a mining permit is administratively complete under sub. (2), the department shall approve the application, and issue a mining permit, or deny the application, in accordance with s. 295.58, unless the department and the applicant agree to extend the deadline. The department and the applicant may agree to not more than one extension and that extension may not exceed 60 days. The department and the applicant may enter into an extension only if one of the following applies:

SB488-SSA2,109,16 1. An extension is necessary to enable the department and the U.S. Army Corps of Engineers to jointly prepare their environmental impact statements.

SB488-SSA2,109,18 2. New information or a change to the mining proposal necessitates additional time to review the application.

SB488-SSA2,109,21 (b) If the department does not comply with the deadline under par. (a), including any extension agreed to by the applicant, the department shall refund the fees under s. 295.73 (3) (a) and (d) that were paid by the applicant.

SB488-SSA2,110,2 (c) If the department does not comply with the deadline under par. (a), including any extension agreed to by the applicant, the applicant may bring an action for mandamus to compel the department to approve or deny the application. Notwithstanding s. 814.04 (1), in an action under this paragraph the court shall award the applicant its costs, including reasonable attorney fees, if it determines that the department did not comply with the deadline under par. (a).

SB488-SSA2,110,8 (8) Deadline for acting on other approvals. (a) Except as provided in par. (c), if an applicant files an application for an approval other than a mining permit no later than 60 days after the day on which the application for the mining permit is administratively complete under sub. (2), the department shall approve the application, and issue the approval or deny the application no later than the deadline under sub. (7) (a), including any extension agreed to by the applicant.

SB488-SSA2,110,15 (b) Except as provided in par. (c) if an applicant files an application for an approval other than a mining permit more than 60 days after the day on which the application for the mining permit is administratively complete under sub. (2), the deadline for acting on the application is extended beyond the deadline under sub. (7) (a), including any extension agreed to by the applicant, by the number of days beyond the 60th day after the day on which the application for the mining permit is administratively complete that the applicant files the application for the approval.

SB488-SSA2,110,17 (c) Paragraphs (a) and (b) do not apply to the application for an air pollution control permit under s. 285.62.

SB488-SSA2,110,21 (d) The department shall incorporate an approval other than a mining permit into a single document with the mining permit, unless the application for the approval was filed more than 60 days after the day on which the application for the mining permit is administratively complete under sub. (2).

SB488-SSA2,111,2 (8m) Submission of technical review to Great Lakes regional body. If an applicant files an application under s. 281.346 for an approval for a withdrawal of surface water or groundwater that is subject to regional review or council approval, the department shall provide its technical review, as defined in s. 281.346 (1) (u), to the regional body, as defined in s. 281.346 (1) (q), no later than 90 days after the applicant files the application for the approval.

SB488-SSA2,111,12 (9) Applicable procedure. The provisions of this section and ss. 295.58 (5) and (6) and 295.77 concerning public notice, comment, and hearing; issuance of department decisions; effective date of department decisions; and review of department decisions; and the duration of approvals apply to any approval, notwithstanding any provisions related to those matters in s. 44.40 or 169.25, subch. I or VI of ch. 77, ch. 23, 29, 30, 169, 281, 283, 285, 289, or 291, or rules promulgated under those provisions, except as provided in s. 281.343 (7r) and except that if a withdrawal of surface water or groundwater is subject to regional review or council approval under s. 281.346, the applicable provisions related to regional review or council approval apply.

SB488-SSA2,111,16 295.58 Mining; department grant or denial of permit. (1) Criteria for approval. (a) Except as provided in sub. (2) and except with respect to property specified in s. 41.41 (11), the department shall issue a mining permit if it finds all of the following:

SB488-SSA2,111,18 1. That the mining plan and reclamation plan are reasonably certain to result in reclamation of the mining site consistent with this subchapter.

SB488-SSA2,111,20 2. That the waste site feasibility study and plan of operation complies with s. 295.51.

SB488-SSA2,111,22 3. That the applicant has committed to conducting the proposed mining in compliance with the mining permit and any other approvals issued for the mining.

SB488-SSA2,112,2 3m. That the proposed mining is likely to meet or exceed the regulations that apply to municipal floodplain zoning ordinances contained in the uniform rules promulgated by the department for preparation and implementation of municipal floodplain zoning ordinances.

SB488-SSA2,112,4 4. That the proposed mining is not likely to result in substantial adverse impacts to public health, safety, or welfare.

SB488-SSA2,112,6 5. That the proposed mining will result in a net positive economic impact in the area reasonably expected to be most impacted by the mining.

SB488-SSA2,112,8 6. That the applicant has applied for all necessary zoning approvals applicable to the proposed mining.

SB488-SSA2,112,18 (b) The department shall approve or deny an application for a mining permit in writing and shall include the reasons for its decision with clarity and in detail. The department may modify the applicant's proposed mining plan, reclamation plan, or mining waste site feasibility study and plan of operation in order to meet the requirements of this subchapter, and, as modified, approve the application. The approval of the application for a mining permit constitutes the approval of the mining plan, reclamation plan, and waste site feasibility study and plan of operation. In its decision on the application for a mining permit, the department shall include a final decision on compliance with s. 1.11 and the requirements of s. 295.53, discussing all of the following:

SB488-SSA2,112,20 1. Whether the department has considered the environmental impact statement and comments received on it.

SB488-SSA2,112,21 2. Whether the department has complied with ss. 1.11 and 295.53.

SB488-SSA2,112,24 3. Whether, consistent with social, economic, and other essential considerations, the department has adopted all practicable means within its authority to avoid or minimize any harm to the environment and, if not, why not.

SB488-SSA2,113,2 (2) Criteria for denial. The department shall deny the mining permit if it finds any of the following:

SB488-SSA2,113,3 (a) That the site is unsuitable for mining.

SB488-SSA2,113,5 (b) That the proposed mining may reasonably be expected to create any of the following situations:

SB488-SSA2,113,9 1. Hazards resulting in irreparable, substantial physical damage to any of the following that cannot be prevented under the requirements of this subchapter, avoided to the extent practicable by removal from the area of hazard, or mitigated by purchase or by obtaining the consent of the owner:

SB488-SSA2,113,10 a. A dwelling house.

SB488-SSA2,113,11 b. A public building.

SB488-SSA2,113,12 c. A school.

SB488-SSA2,113,13 d. A church.

SB488-SSA2,113,14 e. A cemetery.

SB488-SSA2,113,15 f. A commercial or institutional building.

SB488-SSA2,113,16 g. A public road.

SB488-SSA2,113,21 2. Irreparable substantial environmental damage to lake or stream bodies despite adherence to the requirements of this subchapter. This subdivision does not apply to an activity that the department has authorized under statute, except that the destruction or filling in of a lake bed may not be authorized unless it is authorized under s. 295.60, 295.605, or 295.61.

SB488-SSA2,113,24 3. Landslides or substantial deposition from the proposed mining operation in stream or lake beds which cannot feasibly be prevented and which have not been authorized under s. 295.60 or 295.605.

SB488-SSA2,114,2 (c) That the applicant has violated, and continues to fail to comply with, this subchapter.

SB488-SSA2,114,8 (d) Subject to sub. (3), that the applicant, principal shareholder of the applicant, or a related person has within 10 years before the application is submitted forfeited a mining reclamation bond that was posted in accordance with a permit or other authorization for a mining operation in the United States, unless the forfeiture was by agreement with the entity for whose benefit the bond was posted and the amount of the bond was sufficient to cover all costs of reclamation.

SB488-SSA2,114,13 (e) Subject to sub. (3), that the applicant, a related person, or an officer or director of the applicant has, within 10 years before the application is submitted, been convicted of more than one felony for violations of laws for the protection of the natural environment arising out of the operation of a mining site in the United States, unless one of the following applies:

SB488-SSA2,114,14 1. The person convicted has been pardoned for all of the felonies.

SB488-SSA2,114,16 2. The person convicted is a related person or an officer or director of the applicant with whom the applicant terminates its relationship.

SB488-SSA2,114,19 3. The applicant included in its permit application under s. 295.47 a plan to prevent the occurrence in this state of events similar to the events that directly resulted in the convictions.

SB488-SSA2,114,24 (f) Subject to sub. (3), that the applicant or a related person has, within 10 years before the application is submitted, declared bankruptcy or undergone dissolution that resulted in the failure to reclaim a mining site in the United States in violation of a state or federal law and that failure has not been remedied and is not being remedied.

SB488-SSA2,115,5 (g) Subject to sub. (3), that, within 10 years before the application is submitted, a mining permit or other authorization for mining issued to the applicant or a related person was permanently revoked because of a failure to reclaim a mining site in the United States in violation of state or federal law and that failure has not been and is not being remedied.

SB488-SSA2,115,13 (3) Exception from denial criteria. The department may not deny a mining permit under sub. (2) (d) to (g) if the person subject to the convictions, forfeiture, permanent revocation, bankruptcy, or dissolution is a related person but the applicant shows that the person was not the parent corporation of the applicant, a person that holds more than a 30 percent ownership in the applicant, or a subsidiary or affiliate of the applicant in which the applicant holds more than a 30 percent interest at the time of the convictions, forfeiture, permanent revocation, bankruptcy, or dissolution.

SB488-SSA2,115,16 (4) Statement. The department shall send a statement as to whether the applicant has satisfied the requirements of this subchapter to the applicant and to the other persons specified in s. 295.57 (4) (b) 1. to 9.

SB488-SSA2,115,18 (5) Duration of approvals. (a) A mining permit is valid for the life of the mining project, subject to the enforcement provisions under s. 295.79.

SB488-SSA2,115,20 (b) An approval under s. 295.60 or 295.61 remains valid for the life of the mining, subject to the enforcement provisions under s. 295.79.

SB488-SSA2,115,24 (c) An approval issued for a mining project under ch. 23, 29, 30, 169, 281, 283, 285, 289, or 291, except for a permit under ch. 283 or 285 that is subject to a federal requirement limiting its duration, remains valid for the life of the mining project, subject to the enforcement provisions applicable to the approval.

SB488-SSA2,116,2 (6) Effective date of approvals. A mining permit and any other approval is issued upon mailing and is final and effective upon issuance.