SB488-SSA2,113,1414
e. A cemetery.
SB488-SSA2,113,1515
f. A commercial or institutional building.
SB488-SSA2,113,1616
g. A public road.
SB488-SSA2,113,2117
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.
SB488-SSA2,113,2422
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.
SB488-SSA2,114,2
1(c) That the applicant has violated, and continues to fail to comply with, this
2subchapter.
SB488-SSA2,114,83
(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.
SB488-SSA2,114,139
(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:
SB488-SSA2,114,1414
1. The person convicted has been pardoned for all of the felonies.
SB488-SSA2,114,1615
2. The person convicted is a related person or an officer or director of the
16applicant with whom the applicant terminates its relationship.
SB488-SSA2,114,1917
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.
SB488-SSA2,114,2420
(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.
SB488-SSA2,115,5
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.
SB488-SSA2,115,13
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.
SB488-SSA2,115,16
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.
SB488-SSA2,115,18
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.
SB488-SSA2,115,2019
(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.
SB488-SSA2,115,2421
(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.
SB488-SSA2,116,2
1(6) Effective date of approvals. A mining permit and any other approval is
2issued upon mailing and is final and effective upon issuance.
SB488-SSA2,116,7
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.
SB488-SSA2,116,15
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.
SB488-SSA2,116,19
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:
SB488-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.
SB488-SSA2,116,2424
3. Certificates of deposit.
SB488-SSA2,116,2525
4. Government securities.
SB488-SSA2,117,2
1(b) The department shall pay to the operator interest received on certificates
2of deposit or government securities furnished under par. (a).
SB488-SSA2,117,113
(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.
SB488-SSA2,117,19
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.
SB488-SSA2,117,25
20(2m) Proof of financial responsibility for long-term care of mining waste
21site. An operator shall maintain proof of financial responsibility ensuring the
22availability of funds for compliance with the long-term care requirements specified
23in the waste site feasibility study and plan of operation for a period of 40 years after
24closing of the mining waste site. The operator shall furnish the proof of financial
25responsibility to the department in one of the following forms:
SB488-SSA2,118,33
(c) Certificates of deposit.
SB488-SSA2,118,44
(d) Government securities.
SB488-SSA2,118,55
(e) Insurance.
SB488-SSA2,118,10
6(3) Written authorization to mine. Upon approval of the operator's bonds or
7other security under subs. (1) and (2m), mining application, and certificate of
8insurance, the department shall issue written authorization to begin mining at the
9permitted mining site in accordance with the approved mining plan, reclamation
10plan, and mining waste site feasibility study and plan of operation.
SB488-SSA2,118,20
11(4) Reclamation bond for more than one mining site. Any operator who
12obtains mining permits from the department for 2 or more mining sites may elect,
13at the time that the mining permit for the 2nd or any subsequent mining site is
14approved, to post a single bond under sub. (1) in lieu of separate bonds for each
15mining site. An operator who chooses to post a single bond under this subsection
16shall post a bond in an amount equal to the estimated cost to the state determined
17under sub. (1) of reclaiming all mining sites the operator has under mining permits.
18When an operator elects to post a single bond in lieu of separate bonds previously
19posted on individual mining sites, the department may not release the separate
20bonds until the department accepts the new bond.
SB488-SSA2,118,25
21(5) Review of amounts. If an operator disagrees with the amount of the bonds
22or other security that the department requires under this section, the operator may
23seek review under s. 295.77 of the amount required. The operator may post a bond
24or other security in the amount required by the department and begin mining
25without forfeiting its right to seek review.
SB488-SSA2,119,1
1295.60 Impacts to wetlands.
(1) Definitions. In this section:
SB488-SSA2,119,42
(b) "Artificial wetland" means a landscape feature where hydrophytic
3vegetation may be present as a result of human modifications to the landscape or
4hydrology and for which there is no prior wetland or stream history.
SB488-SSA2,119,75
(cm) "Ceded territory" means the territory in Wisconsin ceded by the Chippewa
6Indians to the United States in the treaty of 1837, 7 Stat. 536, and the treaty of 1842,
77 Stat. 591.
SB488-SSA2,119,98
(e) "Federal compensatory mitigation requirement" means any mitigation
9requirement that is imposed by the federal government.
SB488-SSA2,119,1110
(f) "Federal wetland" means a wetland that is subject to federal jurisdiction
11under
33 USC 1344.
SB488-SSA2,119,1312
(g) "Functional values and water quality" means the water quality related
13wetland functional values and uses specified in sub. (6).
SB488-SSA2,119,1614
(h) "Impact" means a permanent, temporary, cumulative, secondary, direct or
15indirect result that is attributable to a discharge to which the wetland water quality
16standards apply.
SB488-SSA2,119,1817
(i) "Mitigation" means the restoration, enhancement, or creation of wetlands
18to offset significant adverse impacts to other wetlands.
SB488-SSA2,119,2219
(j) "Mitigation bank" means a system of accounting for wetland loss and
20mitigation that includes one or more sites where wetlands are restored, enhanced,
21or created to provide transferable credits to be subsequently applied to offset
22significant adverse impacts to other wetlands.
SB488-SSA2,119,2423
(k) "Nonfederal wetland" means a wetland that is not subject to federal
24jurisdiction under
33 USC 1344.
SB488-SSA2,120,2
1(L) "On-site location" means a location that is within one-half mile of an outer
2boundary of a mining site.
SB488-SSA2,120,53
(m) "Practicable" means available and capable of being implemented after
4taking into consideration cost, available technology, and logistics in light of the
5overall project purposes and the needs for bulk sampling or a mining operation.
SB488-SSA2,120,76
(n) "Riparian restoration project" means a project that will restore or enhance
7the natural beneficial uses and value of a watercourse.
SB488-SSA2,120,98
(o) "Water basin" means the Lake Michigan basin, the Lake Superior basin, or
9the Mississippi River basin or other water basin established by the department.
SB488-SSA2,120,1110
(p) "Water management unit" means a subdivision of a water basin that is
11established on a hydrological basis by the department.
SB488-SSA2,120,1312
(q) "Watershed" means an area of land where all of the water drains into a
13common waterway.
SB488-SSA2,120,1514
(r) "Wetland water quality standard" means a water quality standard specified
15under sub. (6).
SB488-SSA2,120,18
16(2) Scope. This section applies to any water quality certification, or any other
17approval that involves an evaluation of impact to wetlands, that is associated with
18mining or bulk sampling.
SB488-SSA2,121,5
19(3) Wetland determinations and delineations. For purposes of this section,
20wetland determinations and wetland boundary delineations shall be consistent with
21the U.S. Army Corps of Engineers 1987 Wetlands Delineation Manual and any final
22regional supplement to the manual. The department may rely on wetland
23determinations and wetland boundary delineations made by other agencies and
24consultants. If the applicant for a water quality certification or for any other
25approval for an activity involving impacts to wetlands has provided information to
1the department that is identified in the manual or any final regional supplement as
2being sufficient to make a wetland determination or a delineation of boundaries, the
3department may visit the site to conduct surveys or gather additional site-specific
4quantitative data provided that the department does not discontinue the processing
5of the application to do so.
SB488-SSA2,121,12
6(4) Water quality certification for federal wetlands. (a) For purposes of
7issuing a water quality certification that is required pursuant to
33 USC 1341 (a) for
8a discharge associated with a mining operation or bulk sampling into a federal
9wetland or for issuing any other approval associated with a mining operation for an
10activity that involves any impact to a federal wetland, the department shall review
11the federal compensatory mitigation requirements proposed as part of the federal
12permit application.
SB488-SSA2,121,1913
(b) For purposes of determining whether to issue a water quality certification
14or other approval that requires an evaluation of impacts to federal wetlands, the
15department shall determine whether it has reasonable assurance that the federal
16permitting process and federal compensatory mitigation requirements will offset
17any significant adverse impact to the functional values and water quality of the
18federal wetland. If the department determines that reasonable assurance exists, the
19department may not impose any additional conditions.
SB488-SSA2,122,220
(c) If the department determines that reasonable assurance does not exist
21under par. (b), it may impose conditions in the water quality certification or other
22approval if such conditions are limited to those that are necessary to offset any
23significant adverse impacts to the federal wetland that are not offset by the federal
24compensatory mitigation requirements in the federal permit or other approval. Any
1conditions imposed by the department shall permit a mitigation program as provided
2in sub. (8).
SB488-SSA2,122,53
(d) In imposing conditions under par. (c), the department may not increase the
4number of acres to be mitigated under the federal compensatory mitigation
5requirements that are applicable to the federal wetland.
SB488-SSA2,122,96
(e) The department shall issue a water quality certification under this
7subsection if the federal permitting process, including any federal compensatory
8mitigation requirement, offsets the significant adverse impacts to the functional
9values and water quality of the federal wetland.
SB488-SSA2,122,13
10(5) Water quality certification for nonfederal wetlands. (a)
Certification
11required. No person may discharge dredge or fill material associated with a mining
12operation or bulk sampling into a nonfederal wetland unless the discharge is
13authorized under a water quality certification issued under this section.
SB488-SSA2,122,2314
(b)
Avoidance or minimization of impacts. For purposes of issuing a water
15quality certification for a discharge subject to par. (a) or evaluating impacts to
16nonfederal wetlands for any approval requiring an evaluation of impacts to
17nonfederal wetlands, the department shall first determine whether any impact to
18the nonfederal wetland caused by the mining operation or bulk sampling can be
19avoided or minimized to the extent practicable. If the impacts have been avoided or
20minimized to the extent practicable, any remaining impacts to nonfederal wetlands
21may not be a basis for a denial of a water quality certification provided that any
22remaining significant adverse impacts are offset under a mitigation program under
23sub. (8).
SB488-SSA2,123,3
1(c)
Siting analysis. 1. An applicant for a water quality certification for a
2nonfederal wetland shall submit a siting analysis to the department for review. In
3reviewing the siting analysis, the department shall recognize all of the following:
SB488-SSA2,123,54
a. The limitations associated with the proposed location of the ferrous mineral
5deposits to be mined or associated with bulk sampling.
SB488-SSA2,123,76
b. The need for the mining waste sites and any processing facilities to be
7contiguous to the location of the ferrous mineral deposits to be mined.
SB488-SSA2,123,88
c. The presumption that nonfederal wetlands will be impacted.
SB488-SSA2,123,119
2. The siting analysis shall be limited to an analysis of alternative
10configurations associated with the areas of the proposed ferrous mineral deposits to
11be mined at the mining site and with the areas that are contiguous to those deposits.
SB488-SSA2,123,1612
3. If it is impracticable to avoid an impact to, or the use of, a nonfederal wetland,
13the applicant shall identify in the siting analysis, and the department shall review,
14those configurations that would result in impacts to the fewest acres of nonfederal
15wetlands to the extent practicable. The department shall determine which
16configuration will minimize the impacts to the fewest acres.
SB488-SSA2,123,1917
4. After the department makes the determination under subd. 3., the
18department shall evaluate the impact of the mining operation to the functional
19values and water quality of the nonfederal wetland.
SB488-SSA2,123,23
20(5m) Evaluation of impacts. The department shall determine the impact of a
21proposed activity upon the functional values and water quality of a wetland by using
22wetland ecological evaluation methods jointly accepted by the U.S. Army Corps of
23Engineers and the department and appropriate to the affected wetland.
SB488-SSA2,123,25
24(6) Wetland water quality standards. The following wetland water quality
25standards shall apply to any water quality certification under sub. (4) or (5):
SB488-SSA2,124,5
1(a) Adverse impacts to the functional values and water quality of wetlands and
2adverse impacts to other waters of the state that are influenced by wetlands shall be
3minimized, and any significant adverse impacts remaining after minimization shall
4be subject to a mitigation program under sub. (8). For purposes of this section,
5functional values and uses consist of all of the following:
SB488-SSA2,124,76
1. Storm and flood water storage and retention and the moderation of water
7level fluctuation extremes.
SB488-SSA2,124,108
2. Hydrologic functions including the maintenance of dry season streamflow,
9the discharge of groundwater to a wetland, the recharge of groundwater from a
10wetland to another area, and the flow of groundwater through a wetland.
SB488-SSA2,124,1211
3. Filtration or storage of sediments, nutrients, or toxic substances that would
12otherwise adversely impact the quality of waters of the state.
SB488-SSA2,124,1413
4. Shoreline protection against erosion through the dissipation of wave energy
14and water velocity and anchoring of sediments.
SB488-SSA2,124,1815
5. Habitat for aquatic organisms in the food web including fish, crustaceans,
16mollusks, insects, annelids, and planktonic organisms and the plants and animals
17upon which these aquatic organisms feed and depend upon for their needs in all life
18stages.
SB488-SSA2,124,2119
6. Habitat for resident and transient wildlife species, including mammals,
20birds, reptiles, and amphibians, for breeding, resting, nesting, escape cover, travel
21corridors, and food.
SB488-SSA2,124,2322
7. Recreational, cultural, educational, scientific, and natural scenic beauty
23values and uses.
SB488-SSA2,125,224
(b) All of the following shall be minimized in order to avoid significant adverse
25impacts for the purpose of maintaining or enhancing the functional values and water
1quality identified under par. (a), and any minimization of the following must be taken
2into account in the department's evaluation of significant adverse impacts:
SB488-SSA2,125,33
1. The use of liquids, fill, or other solids or gases.
SB488-SSA2,125,44
2. The presence of floating or submerged debris, oil, or other material.
SB488-SSA2,125,55
3. The use of materials producing color, odor, taste, or unsightliness.
SB488-SSA2,125,76
4. The presence of concentrations or combinations of substances that are toxic
7or harmful to human, animal, or plant life.
SB488-SSA2,125,108
5. Adverse effects on hydrological conditions necessary to support the biological
9and physical characteristics that are naturally present in wetlands. For purposes
10of this subdivision, the hydrological conditions include of all of the following:
SB488-SSA2,125,1111
a. Water currents and erosion and sedimentation patterns.
SB488-SSA2,125,1212
b. Water temperature variations.