SB488-SSA2,154,2219
(b) The operator shall either restore the monitoring well or other device or
20properly abandon it and replace it with a functioning device within 60 days of
21notifying the department under par. (a) unless the department notifies the operator
22otherwise in writing within 30 days of receiving notice from the operator.
SB488-SSA2,155,2
23(5) Sampling other wells. The department may require an operator to sample
24public or private wells as part of a regular monitoring program or to determine the
25extent of groundwater contamination associated with a mining waste site. If the
1owner of a well does not authorize access for sampling, the operator shall promptly
2notify the department.
SB488-SSA2,155,11
3(6) Required monitoring and analysis. (a) An operator shall monitor
4groundwater at locations identified in the waste site feasibility study and plan of
5operation on a quarterly basis, during March, June, September, and December,
6unless the department agrees to an alternate schedule. The department may base
7an alternate schedule on the hydrogeologic system's characteristics, such as flow
8velocity and stratigraphy, and on fluctuations in quality as determined through
9background water quality or baseline water quality sampling and mining waste
10type. The operator shall analyze for the parameters listed in the approved waste site
11feasibility study and plan of operation.
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(b) An operator shall use the methods for groundwater and surface water
13sample collection, preservation, and analysis that are specified in the approved
14mining waste site facility study and plan of operation.
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15(7) Water elevation measurements. The operator shall make water elevation
16measurements on a quarterly basis.
SB488-SSA2,155,24
17(8) Operations report. The department may require an operator to submit an
18operations report to assess the effectiveness and environmental acceptability of
19mining waste site operations. The operator may include in the report a discussion
20of confinement of the active fill area and an analysis of leachate and other
21monitoring, surface water control and erosion control, revegetation, settlement,
22volume of the mining waste site utilized, leachate quantity and quality, slope
23stability, equipment performance, volume and type of waste disposed of, and other
24relevant parameters.
SB488-SSA2,156,3
1(9) Reports of monitoring data. The operator shall forward to the department,
2within 60 days after sampling, 3 copies of the monitoring data required by this
3section to be collected during each quarter.
SB488-SSA2,156,5
4295.645 Groundwater quality, monitoring, and response. (1) 5Definitions. In this section:
SB488-SSA2,156,86
(a) "Alternative concentration limit" means the concentration of a substance
7in groundwater established by the department to replace a groundwater quality
8standard when the department grants an exemption.
SB488-SSA2,156,119
(b) "Statistically significantly different" means an amount of change
10determined by the use of statistical tests for measuring significance at the 95 percent
11confidence level.
SB488-SSA2,156,19
12(2) Design management zone. (a) Notwithstanding the rule-making authority
13in s. 160.21 (2) and except as provided under par. (b), for the purposes of ch. 160, the
14horizontal distance to the boundary of the design management zone for a mining
15operation is 1,200 feet from the limits of the engineered structures of the mining
16waste site, including any wastewater and sludge storage or treatment lagoons, the
17edge of the mine, and the adjacent mine mill and ferrous mineral processing facilities
18or at the boundary of the property owned or leased by the applicant, whichever
19distance is less.
SB488-SSA2,156,2520
(b) When issuing or modifying a mining permit or issuing or reissuing any other
21approval, the department may expand the design management zone by a horizontal
22distance of up to an additional 1,200 feet in any direction as provided in this
23paragraph, but not beyond the boundary of the property owned or leased by the
24applicant. The department may not expand the design management zone unless the
25applicant demonstrates all of the following:
SB488-SSA2,157,3
11. That preventive action limits and enforcement standards or alternative
2concentration limits cannot be met at the boundary of the design management zone
3if it is not expanded.
SB488-SSA2,157,64
2. That preventive action limits and enforcement standards or alternative
5concentration limits will be met at the boundary of the expanded design
6management zone.
SB488-SSA2,157,117
(c) Notwithstanding the rule-making authority in s. 160.21 (2), for the
8purposes of ch. 160, the vertical distance to the boundary of the design management
9zone for a mining site, including any mining waste site, extends no deeper than 1,000
10feet into the Precambrian bedrock or than the final depth of the mining excavation,
11whichever is greater.
SB488-SSA2,157,20
12(3) Point of standards application. (a) Any point at which groundwater is
13monitored is a point of standards application to determine whether a preventive
14action limit or an alternative concentration limit to a preventive action limit has been
15attained or exceeded for an activity regulated under a mining permit or another
16approval related to the mining operation. Any of the following is a point of standards
17application to determine whether an enforcement standard or an alternative
18concentration limit to an enforcement standard has been attained or exceeded for an
19activity regulated under a mining permit or another approval related to the mining
20operation:
SB488-SSA2,157,2121
1. Any point of present groundwater use.
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2. Any point beyond the boundary of the property on which the activity is
23conducted, subject to par. (b).
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3. Any point that is within the boundary of the property on which the activity
25is conducted but is beyond the design management zone, subject to par. (b).
SB488-SSA2,158,3
1(b) No point at a depth of greater than 1,000 feet into the Precambrian bedrock
2or than the final depth of the mining excavation, whichever is greater, is a point of
3standards application under this subsection.
SB488-SSA2,158,54
(c) Section 160.21 (2) does not apply to an activity regulated under this
5subchapter.
SB488-SSA2,158,11
6(4) Change in groundwater quality. If the analysis of samples collected
7through monitoring indicates that the quality of groundwater is statistically
8significantly different from either baseline water quality or background water
9quality and the evaluation of the data shows a reasonable probability that without
10intervention groundwater quality standards or alternative concentration limits will
11be attained or exceeded, the operator shall do all of the following:
SB488-SSA2,158,1312
(a) Notify the department within 10 days after the operator receives the results
13of the analysis of the samples.
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(b) Determine, if possible, the cause of the difference in water quality, such as
15a spill, a design failure, or an improper operational procedure.
SB488-SSA2,158,1716
(c) Determine the extent of groundwater contamination or the potential for
17groundwater contamination.
SB488-SSA2,158,1818
(d) Implement the applicable portions of the approved contingency plan.
SB488-SSA2,159,13
19(5) Response concerning preventive action limits. In accordance with s. NR
20140.24 (1) to (5), Wis. Adm. Code, the department shall evaluate the range of
21responses proposed by the operator when a preventive action limit or an alternative
22concentration limit to a preventive action limit is attained or exceeded and the
23analysis of samples indicates that the quality of groundwater is statistically
24significantly different from either baseline water quality or background water
25quality at a point of standards application. In designating the appropriate response,
1the department shall evaluate the operator's proposed range of responses, including
2any alternate responses to those identified in s. NR 140.24, Wis. Adm. Code. For any
3alternate responses, the department shall consider the technical and economic
4feasibility of alternate responses, the practicality of stopping the further release of
5the substance, and the risks and benefits of continued mining operations. The
6department shall designate the appropriate response, except that, notwithstanding
7s. 160.21 (3) and the rule-making authority under s. 160.21 (1), the department may
8not prohibit a practice or activity or require closure and abandonment of a mining
9waste site, including any wastewater and sludge storage or treatment lagoon, unless
10it has followed the procedures in s. 295.78 and satisfies the requirements of s. 160.23
11(4) and (6). The department may determine that no response is necessary and that
12an exemption is not required when the requirements of s. NR 140.24 (5) (a) or (b), Wis.
13Adm. Code are met.
SB488-SSA2,160,3
14(6) Response concerning enforcement standards. (a) In accordance with s.
15NR 140.26 (1) and (2), Wis. Adm. Code, the department shall evaluate the range of
16responses proposed by the operator based on the responses listed in Table 6 of s. NR
17140.26, Wis. Adm. Code, when an enforcement standard or an alternative
18concentration limit to an enforcement standard is attained or exceeded and the
19analysis of samples indicates that the quality of groundwater is statistically
20significantly different from either baseline water quality or background water
21quality at a point of standards application. In designating the appropriate response,
22the department shall evaluate the operator's proposed range of responses against
23those identified in Table 6 of s. NR 140.26, Wis. Adm. Code. The department shall
24designate the appropriate response, except that, notwithstanding ss. 160.21 (3) and
25160.25 (1) (a) and the rule-making authority under s. 160.21 (1), the department may
1not prohibit a practice or activity or require closure and abandonment of a mining
2waste site, including any wastewater and sludge storage or treatment lagoon, unless
3it has followed the procedures in s. 295.78 and all of the following apply:
SB488-SSA2,160,44
1. The department bases its decision upon reliable test data.
SB488-SSA2,160,75
2. The department determines, to a reasonable certainty, by the greater weight
6of the credible evidence, that no other remedial action would prevent the violation
7of the enforcement standard at the point of standards application.
SB488-SSA2,160,98
3. The department establishes the basis for the boundary and duration of the
9prohibition.
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4. The department ensures that any prohibition imposed is reasonably related
11in time and scope to maintaining compliance with the enforcement standard at the
12point of standards application.
SB488-SSA2,160,2013
5. If the substance involved is naturally occurring, unless the substance
14involved is carcinogenic, teratogenic, or mutagenic in humans, the department
15considers the existence of the background concentration of the substance in
16evaluating response options to the noncompliance with the enforcement standard or
17alternative concentration limit for that substance and determines that the proposed
18prohibition will result in the protection of or substantial improvement in
19groundwater quality notwithstanding the background concentrations of the
20substance.
SB488-SSA2,161,221
(b) The department may only require a remedial action to be taken if the
22remedial action is reasonably related in time and scope to the substance, activity, or
23practice that caused the enforcement standard or alternative concentration limit to
24an enforcement standard to be attained or exceeded and the quality of groundwater
1to be statistically significantly different from either baseline water quality or
2background water quality at the point of standards application.
SB488-SSA2,161,143
(c) If nitrates or any substance of welfare concern attains or exceeds an
4enforcement standard and if the analysis of samples indicates that the quality of
5groundwater is statistically significantly different from either baseline or
6background water quality, then the department shall evaluate whether the
7enforcement standard was attained or exceeded in whole or in part due to high
8background water quality concentrations of the substance and whether the
9additional concentrations represent a public welfare concern before it designates the
10appropriate response and, notwithstanding ss. 160.21 (3) and 160.25 (1) (a) and the
11rule-making authority under s. 160.21 (1), the department may not prohibit a
12practice or activity or require closure and abandonment of a mining waste site,
13including any wastewater and sludge storage or treatment lagoon, unless it has
14followed the procedures in s. 295.78 and par. (a) 1. to 4. apply.
SB488-SSA2,161,1615
(d) If compliance with an enforcement standard is achieved at a point of
16standards application, then sub. (5) applies.
SB488-SSA2,161,24
17(6m) Mandatory intervention boundary for mining waste site and mine. (a)
18Except as provided under par. (am), the horizontal distance to the mandatory
19intervention boundary for a mining waste site is 300 feet from the outer waste
20boundary or the outer edge of the excavation, unless the boundary of the design
21management zone is within 600 feet of the outer waste boundary or the outer edge
22of the excavation, in which case the mandatory intervention boundary is one-half
23the distance from the outer waste boundary or the outer edge of the excavation to the
24boundary of the design management zone.
SB488-SSA2,162,4
1(am) The department may reduce the mandatory intervention boundary under
2par. (a) by a horizontal distance of up to 150 feet if the department determines that
3the reduction is necessary to adequately identify and respond to potential
4groundwater quality issues.
SB488-SSA2,162,105
(b) An operator shall monitor groundwater quality at locations approved by the
6department along the mandatory intervention boundary, except for any portion of
7the mandatory intervention boundary that is within another mandatory
8intervention boundary, and within the mandatory intervention boundary. When
9approving locations for monitoring, the department shall ensure that duplicative
10monitoring is not required within overlapping mandatory intervention boundaries.
SB488-SSA2,162,1411
(c) 1. Notwithstanding sub. (5), if a preventive action limit or an enforcement
12standard has been exceeded beyond the mandatory intervention boundary, the
13department shall require a response in accordance with s. NR 140.24, Wis. Adm.
14Code, except that s. NR 140.24 (5), Wis. Adm. Code, does not apply.
SB488-SSA2,162,2115
2. If sampling results indicate that an enforcement standard or a preventive
16action limit has been exceeded within, but not beyond, the mandatory intervention
17boundary and a comparison of sampling results to the results of modeling indicates
18that the sampling results are consistent with the design and expected performance
19of the mining waste site, the operator may recommend a no response action, and the
20department may approve a no response action if that is authorized under s. NR
21140.24 (5), Wis. Adm. Code.
SB488-SSA2,162,23
22(7) Environmental analysis not required. An action under sub. (5) or (6) with
23respect to a specific site does not constitute a major state action under s. 1.11 (2).
SB488-SSA2,163,2
24(8) Exemptions to groundwater quality standards. When issuing or
25modifying a mining permit or issuing or reissuing any other approval, the
1department may grant an exemption from a groundwater quality standard and
2establish an alternative concentration limit to a groundwater quality standard.
SB488-SSA2,163,5
3(9) Applicability of other law. Chapter NR 140, Wis Adm. Code, applies to
4mining operations and mining sites, including mining waste sites, only to the extent
5that it does not conflict with this section.
SB488-SSA2,163,11
6295.65 Successors. (1) When one operator succeeds to the interest of another
7in an uncompleted mining operation by sale, assignment, lease, or otherwise, the
8department shall release the first operator from the duties imposed upon the first
9operator by this subchapter as to the mining operation and transfer the mining
10permit and any approvals under ss. 295.60, 295.605, and 295.61 to the successor
11operator if all of the following apply:
SB488-SSA2,163,1312
(a) The successor operator agrees to comply with the requirements of this
13subchapter.
SB488-SSA2,163,1714
(b) The successor operator discloses whether it has forfeited any performance
15security because of noncompliance with any mining laws within the previous 10
16years, posts any bond or other security required under s. 295.59, and assumes all
17responsibilities of all applicable approvals granted to the predecessor operator.
SB488-SSA2,163,19
18(2) The department is not required to prepare an environmental impact
19statement or an environmental assessment for the purposes of this section.
SB488-SSA2,164,9
20295.66 Cessation of mining or reclamation. If there is a cessation of
21mining or reclamation for 30 days or more that is not set forth in either the mining
22plan or the reclamation plan, the operator shall notify the department of the
23cessation within 48 hours of the cessation of mining and shall begin stabilization of
24the mining site. The department may require the operator to provide technical,
25engineering, and any other information that the operator believes shows that its
1actions to stabilize the mining site are adequate. If the department determines, after
2reviewing the information provided by the operator, that the proposed stabilization
3of the mining site will result in a substantial adverse impact to the environment, the
4department shall order the operator to begin additional measures to protect the
5environment, including, if the cessation is reasonably anticipated to extend for a
6protracted period of time, reclamation according to the reclamation plan or part of
7the reclamation plan. Usual and regular shutdown of operations on weekends, for
8maintenance or repair of equipment or facilities, or for other customary reasons do
9not constitute a cessation of mining.
SB488-SSA2,164,13
10295.67 Determination of abandonment of mining. (1) Except as provided
11in sub. (2), abandonment of mining occurs if there is a cessation of mining, not set
12forth in an operator's mining plan or reclamation plan or by any other sufficient
13written or constructive notice, extending for more than 6 consecutive months.
SB488-SSA2,164,14
14(2) Abandonment of mining does not occur if all of the following apply:
SB488-SSA2,164,1615
(a) The cessation of mining is due either to labor strikes or to unforeseen
16developments such as adverse market conditions.
SB488-SSA2,164,1817
(b) The cessation of mining does not continue beyond the time, not to exceed
185 years, specified by the department.
SB488-SSA2,164,2019
(c) The mining site is maintained in an environmentally stable manner during
20the cessation of mining.
SB488-SSA2,164,2221
(d) The reclamation of the mining site continues according to the reclamation
22plan during the cessation of mining to the extent practicable.
SB488-SSA2,165,7
23295.68 Certificates of completion and release of security. (1) Upon the
24petition of the operator, but not less than 4 years after notification to the department
25by the operator of the completion of the reclamation plan or not less than one year
1after notification to the department by the operator of the completion of the
2reclamation plan as to a portion of the mining site, if the department finds that the
3operator has completed reclamation of any portion of the mining site in accordance
4with the reclamation plan and this subchapter, the department shall issue a
5certificate of completion setting forth a description of the area reclaimed and a
6statement that the operator has fulfilled its duties under the reclamation plan as to
7that area.
SB488-SSA2,165,13
8(2) Upon the issuance of any certificate of completion under sub. (1) for any
9portion of the mining site, but not for the entire mining site, the department shall
10allow the operator to reduce the amount of the bond or other security provided under
11s. 295.59 (1) to an amount equal to the estimated cost of reclamation of the portion
12of the mining site that is disturbed or for which reclamation has been completed but
13no certificate of completion has been issued.
SB488-SSA2,165,19
14(3) Upon issuance of a certificate or certificates of completion of reclamation
15for the entire mining site, the department shall require the operator to maintain a
16bond or other security under s. 295.59 (1) equal to at least 10 percent of the cost to
17the state of reclamation of the entire mining site, except that if the mining site in the
18mining plan is less than 10 acres, the department may release the bond or other
19security after issuance of the certificate of completion for the entire mining site.
SB488-SSA2,165,23
20(4) After 10 years after the issuance of a certificate or certificates of completion
21for the entire mining site, the department shall release the remaining bond or other
22security provided under s. 295.59 (1) if the department finds that the reclamation
23plan has been complied with.
SB488-SSA2,166,13
24295.69 Termination of proof of financial responsibility for long-term
25care of mining waste site. (1) One year after closure, and annually thereafter
1until the department terminates the obligation to maintain proof of financial
2responsibility for long-term care of a mining waste site under sub. (2) (c), an operator
3who has carried out all necessary long-term care during the preceding year, may
4apply to the department for a reduction in the amount of the proof of financial
5responsibility provided under s. 295.59 (2m) equal to the costs of long-term care for
6that year. The operator shall provide an itemized list of costs incurred. If the
7department determines that the costs incurred are in accordance with the long-term
8care requirements in the approved waste site feasibility study and plan of operation
9and that adequate funds exist to complete required long-term care for the remainder
10of the 40-year period on which the amount of the proof of financial responsibility was
11originally determined, the department shall authorize in writing a reduction in the
12amount of proof of financial responsibility provided. The department shall make its
13determinations within 90 days of an application.
SB488-SSA2,166,23
14(2) (a) An operator may apply to the department for termination of its
15obligation to maintain proof of financial responsibility for long-term care of the
16mining waste site under s. 295.59 (2m) at any time after the mining waste site has
17been closed for 20 years by submitting an application that demonstrates that
18continuation of the obligation to maintain proof of financial responsibility for
19long-term care is not necessary for adequate protection of public health or the
20environment. The burden is on the operator to prove by a preponderance of the
21evidence that continuation of the obligation to maintain proof of financial
22responsibility for long-term care is not necessary for adequate protection of public
23health or the environment.
SB488-SSA2,167,724
(b) Within 30 days of receiving an application under par. (a), the department
25shall provide notice to the public of the application for termination of the obligation
1to maintain proof of financial responsibility for long-term care. In the notice, the
2department shall invite the submission of written comments by any person on the
3application within 30 days of the day on which the notice is published. The
4department shall provide the notice by publishing a class 1 notice under ch. 985 in
5the official newspaper designated under s. 985.04 or 985.05 or, if none exists, in a
6newspaper likely to give notice in the area of the mining waste site. The department
7shall also send the notice to the operator.
SB488-SSA2,167,158
(c) Within 120 days of the day on which the department publishes the notice
9under par. (b), the department shall determine either that proof of financial
10responsibility for long-term care of the mining waste site is no longer required, in
11which case the applicant is relieved of the responsibility of providing proof of
12financial responsibility for long-term care, or that proof of financial responsibility
13for long-term care of the mining waste site is still required, in which case the
14applicant may not submit another application under par. (a) until at least 5 years
15have elapsed since the previous application.
SB488-SSA2,167,25
16295.695 Inspections by the department.
(1) Any duly authorized officer,
17employee, or representative of the department who has received the safety training
18under
30 CFR 48.31 may enter and inspect any property, premises, or place on or at
19which any mining operation or facility is located or is being constructed or installed
20at any reasonable time for the purpose of ascertaining the state of compliance with
21this subchapter and the provisions of chs. 281, 283, 285, 289, 291, 292, and 299 and
22rules promulgated under those chapters that are applicable to the mining operation.
23No person may refuse entry or access to any authorized representative of the
24department who requests entry for purposes of inspection, and who presents
25appropriate credentials.
SB488-SSA2,168,2
1(2) No person may obstruct, hamper, or interfere with any inspection
2authorized in sub. (1).
SB488-SSA2,168,5
3(3) The department shall furnish to the operator a written report on any
4inspection setting forth all observations, relevant information, and data that relate
5to compliance status.
SB488-SSA2,168,9
6295.73 Fees. (1) (a) Except as provided in par. (b), an applicant for a mining
7permit is not required to pay any application or filing fee for any approval other than
8a mining permit, notwithstanding any fee required under ch. 23, 29, 30, 169, 281,
9283, 285, 289, or 291, or rules promulgated under those chapters.
SB488-SSA2,168,1110
(b) An applicant for a mining permit shall pay any fee required under s. 281.343
11(3) (c) 1.
SB488-SSA2,168,16
12(3) (a) The department shall assess an applicant a fee equal to its costs, other
13than costs of a contract under par. (d), for evaluating the mining project, including
14the costs for consultants retained by the department to evaluate the application for
15the mining permit and the application for any other approval, or $2,000,000,
16whichever is less.
SB488-SSA2,168,1717
(b) The applicant shall pay the fees under par. (a) as follows:
SB488-SSA2,168,2018
1. One hundred thousand dollars shall be paid at the time that the bulk
19sampling plan is filed under s. 295.45 or at the time that the notice of the intention
20to file a mining permit application is filed, whichever is first.
SB488-SSA2,168,2321
2. Two hundred fifty thousand dollars when the department provides cost
22information demonstrating that the payment under subd. 1. has been fully allocated
23against actual costs.
SB488-SSA2,169,3
13. Two hundred fifty thousand dollars when the department provides cost
2information demonstrating that the payment under subd. 2. has been fully allocated
3against actual costs.
SB488-SSA2,169,64
4. Two hundred fifty thousand dollars when the department provides cost
5information demonstrating that the payment under subd. 3. has been fully allocated
6against actual costs.
SB488-SSA2,169,97
5. Two hundred fifty thousand dollars when the department provides cost
8information demonstrating that the payment under subd. 4. has been fully allocated
9against actual costs.
SB488-SSA2,169,1210
6. Two hundred fifty thousand dollars when the department provides cost
11information demonstrating that the payment under subd. 5. has been fully allocated
12against actual costs.
SB488-SSA2,169,1513
7. Two hundred fifty thousand dollars when the department provides cost
14information demonstrating that the payment under subd. 6. has been fully allocated
15against actual costs.
SB488-SSA2,169,1816
8. Two hundred fifty thousand dollars when the department provides cost
17information demonstrating that the payment under subd. 7. has been fully allocated
18against actual costs.
SB488-SSA2,169,2119
9. One hundred fifty thousand dollars when the department provides cost
20information demonstrating that the payment under subd. 8. has been fully allocated
21against actual costs.
SB488-SSA2,170,222
(c) After the department approves or denies the application for a mining permit
23or, if the applicant withdraws the application for a mining permit, after the applicant
24withdraws the application, the department shall refund to the applicant any amount
1paid by the applicant under par. (a) but not fully allocated against the department's
2actual costs.
SB488-SSA2,170,63
(d) In addition to the fees under par. (a), if the department contracts under s.
4295.53 (1) with a consultant to assist in preparation of an environmental impact
5statement and awards the contract on the basis of competitive bids, the applicant
6shall pay the full costs as provided in the contract.
SB488-SSA2,170,9
7(4) Subchapter VI of ch. 289 does not apply to mining waste disposed of in a
8mining waste site covered by a mining permit, except that an operator shall pay the
9fees specified in ss. 289.63 (4), 289.64 (3), and 289.67 (1) (d).
SB488-SSA2,170,13
10295.75 Effect of other laws. (1) Except as provided in sub. (2), if there is a
11conflict between a provision in this subchapter and a provision in ch. 23, 29, 30, 160,
12169, 281, 283, 285, 289, or 291 or in a rule promulgated under one of those chapters,
13the provision in this subchapter controls.
SB488-SSA2,170,15
14(2) (a) If there is a conflict between a provision in this subchapter and a
15provision in s. 281.343, the provision in s. 281.343 controls.
SB488-SSA2,170,1716
(b) If there is a conflict between a provision in this subchapter and a provision
17in s. 281.346, the provision in s. 281.346 controls, except as provided in s. 295.57 (9).
SB488-SSA2,170,21
18295.77 Review. (1) A person is entitled to a contested case hearing on a
19decision by the department under this subchapter or on a decision by the department
20relating to the issuance of an approval only if the person is entitled to a contested case
21hearing under s. 227.42 and the person is aggrieved by one of the following:
SB488-SSA2,170,2322
(a) A decision under s. 295.58 to grant or deny a mining permit or a decision
23to grant or deny a related approval.
SB488-SSA2,170,2524
(b) A final decision on the environmental impact statement for a proposed
25mine.
SB488-SSA2,171,6
1(2) A person is only entitled to a contested case hearing under sub. (1) if the
2person requests the hearing within 30 days after the department issues the decision
3to grant or deny the mining permit, except that if the request concerns an approval
4on which the department issues a decision, as authorized under s. 295.57 (8) (b) or
5(c), after the deadline under s. 295.57 (8) (a), a person may request a contested case
6hearing on that decision within 30 days after the department issues that decision.