Feed for /2011/related/proposals/ab426 PDF
AB426, s. 8 3Section 8. 29.604 (7m) of the statutes is created to read:
AB426,24,104 29.604 (7m) Bulk sampling activities. A person may take, transport, or
5possess a wild animal on the department's endangered and threatened species list
6without a permit under this section if the person avoids and minimizes adverse
7impacts to the wild animal to the extent practicable, if the taking, transporting, or
8possession does not result in wounding or killing the wild animal, and if the person
9takes, transports, or possesses the wild animal for the purpose of bulk sampling
10activities under s. 295.45.
AB426, s. 9 11Section 9. 30.12 (3m) (c) (intro.) of the statutes is amended to read:
AB426,24,1412 30.12 (3m) (c) (intro.) The department shall issue an individual permit to a
13riparian owner for a structure or a deposit pursuant to an application under par. (a)
14if the department finds that all of the following apply requirements are met:
AB426, s. 10 15Section 10. 30.123 (8) (c) of the statutes is renumbered 30.123 (8) (c) (intro.)
16and amended to read:
AB426,24,1917 30.123 (8) (c) (intro.) The department shall issue an individual permit
18pursuant to an application under par. (a) if the department finds that the all of the
19following requirements are met:
AB426,24,20 201. The bridge or culvert will not materially obstruct navigation,.
AB426,24,22 212. The bridge or culvert will not materially reduce the effective flood flow
22capacity of a stream, and.
AB426,24,23 233. The bridge or culvert will not be detrimental to the public interest.
AB426, s. 11 24Section 11. 30.133 (2) of the statutes is amended to read:
AB426,25,6
130.133 (2) This section does not apply to riparian land located within the
2boundary of any hydroelectric project licensed or exempted by the federal
3government, if the conveyance is authorized under any license, rule or order issued
4by the federal agency having jurisdiction over the project. This section does not apply
5to riparian land that is associated with an approval required for bulk sampling or
6mining that is required under subch. III of ch. 295.
AB426, s. 12 7Section 12. 30.19 (4) (c) (intro.) of the statutes is amended to read:
AB426,25,108 30.19 (4) (c) (intro.) The department shall issue an individual permit pursuant
9to an application under par. (a) if the department finds that all of the following apply
10requirements are met:
AB426, s. 13 11Section 13. 30.195 (2) (c) (intro.) of the statutes is amended to read:
AB426,25,1412 30.195 (2) (c) (intro.) The department shall issue an individual permit applied
13for under this section to a riparian owner if the department determines that all of the
14following apply requirements are met:
AB426, s. 14 15Section 14. 31.23 (3) (e) of the statutes is created to read:
AB426,25,1816 31.23 (3) (e) This subsection does not apply to a bridge that is constructed,
17maintained, or operated in association with mining or bulk sampling that is subject
18to subch. III of ch. 295.
AB426, s. 15 19Section 15. 44.40 (5) of the statutes is amended to read:
AB426,25,2120 44.40 (5) This section does not apply as provided in s. 295.45 (6) or to any state
21agency action which is subject to 16 USC 461 to 470mm.
AB426, s. 16 22Section 16. 70.395 (1e) of the statutes is amended to read:
AB426,26,523 70.395 (1e) Distribution. Fifteen days after the collection of the tax under ss.
2470.38 to 70.39, the department of administration, upon certification of the
25department of revenue, shall transfer the amount collected in respect to mines not

1in operation on November 28, 1981, to the investment and local impact fund, except
2that the department of administration shall transfer 50 percent of the amount
3collected from each person extracting ferrous metallic minerals to the investment
4and local impact fund and the department of revenue shall deposit 50 percent of the
5amount collected from any such person into the general fund
.
AB426, s. 17 6Section 17. 87.30 (2) of the statutes is renumbered 87.30 (2) (a) and amended
7to read:
AB426,26,168 87.30 (2) (a) Every Except as provided in par. (b), every structure, building, fill,
9or development placed or maintained within any floodplain in violation of a zoning
10ordinance adopted under this section, or s. 59.69, 61.35 or 62.23 is a public nuisance
11and the creation thereof may be enjoined and maintenance thereof may be abated by
12action at suit of any municipality, the state or any citizen thereof. Any person who
13places or maintains any structure, building, fill or development within any
14floodplain in violation of a zoning ordinance adopted under this section, or s. 59.69,
1561.35 or 62.23 may be fined not more than $50 for each offense. Each day during
16which such violation exists is a separate offense.
AB426, s. 18 17Section 18. 87.30 (2) (b) of the statutes is created to read:
AB426,26,2018 87.30 (2) (b) Paragraph (a) does not apply to a structure, building, fill, or
19development placed or maintained as part of a mining operation covered by a mining
20permit under s. 295.58.
AB426, s. 19 21Section 19. 107.001 (1) of the statutes is amended to read:
AB426,27,322 107.001 (1) "Exploration mining lease" means any lease, option to lease, option
23to purchase or similar conveyance entered into for the purpose of determining the
24presence, location, quality or quantity of metalliferous nonferrous metallic minerals
25or for the purpose of mining, developing or extracting metalliferous nonferrous

1metallic
minerals, or both under ch. 293. Any lease, option to lease, option to
2purchase or similar conveyance entered into by a mining company is rebuttably
3presumed to be an exploration mining lease.
AB426, s. 20 4Section 20. 107.001 (2) of the statutes is repealed.
AB426, s. 21 5Section 21. 107.01 (intro.) of the statutes is amended to read:
AB426,27,9 6107.01 Rules governing mining rights. (intro.) Where there is no contract
7between the parties or terms established by the landlord to the contrary the following
8rules and regulations shall be applied to mining contracts and leases for the digging
9of ores and nonferrous metallic minerals:
AB426, s. 22 10Section 22. 107.01 (2) of the statutes is amended to read:
AB426,27,1911 107.01 (2) The discovery of a crevice or range containing ores or minerals
12nonferrous metallic minerals shall entitle the discoverer to the ores or minerals
13pertaining thereto, subject to the rent due the discoverer's landlord, before as well
14as after the ores or minerals nonferrous metallic minerals are separated from the
15freehold; but such miner shall not be entitled to recover any ores or minerals
16nonferrous metallic minerals or the value thereof from the person digging on the
17miner's range in good faith and known to be mining thereon until the miner shall
18have given notice of the miner's claim; and the miner shall be entitled to the ores or
19minerals
nonferrous metallic minerals dug after such notice.
AB426, s. 23 20Section 23. 107.02 of the statutes is amended to read:
AB426,28,15 21107.02 Mining statement; penalty. When there is no agreement between the
22parties to any mining lease, license or permit, to mine or remove ore nonferrous
23metallic minerals
from any lands in this state, regulating the method of reporting
24the amount of ore nonferrous metallic minerals taken, the person mining and
25removing the ore or ores nonferrous metallic minerals shall keep proper and correct

1books, and therefrom to make and deliver by or before the fifteenth day of each month
2to the lessor, owner or person entitled thereto, a detailed statement covering the
3operations of the preceding month. The statement shall show the total amount of
4tons or pounds of each kind of ore nonferrous metallic minerals produced; if sold, then
5to whom sold, giving the date of sale, date of delivery to any railroad company,
6naming the company, and the station where delivered or billed for shipment; the
7name and address of the purchaser; the price per ton at which sold and the total value
8of each kind of ore nonferrous metallic minerals so sold. The books shall be always
9open to any owner, lessor, licensor or stockholder, if the owner, lessor or licensor is
10a corporation, and to any person or stockholder interested in any such mining
11operations, for the purpose of inspection and taking copies thereof or abstracts
12therefrom. Any person and every officer, agent or employee of any thereof, who
13violates this section, or who makes any false or incomplete entries on any such books
14or statements, shall be fined not less than $100 or imprisoned in the county jail for
15not more than 3 months or both.
AB426, s. 24 16Section 24. 107.03 of the statutes is amended to read:
AB426,29,2 17107.03 Conflicting claims. In case of conflicting claims to a crevice or range
18bearing ores or nonferrous metallic minerals the court may continue any action to
19enforce a claim or grant any necessary time for the purpose of allowing parties to
20prove up their mines or diggings if it satisfactorily appears necessary to the ends of
21justice. In such case the court or judge may appoint a receiver and provide that the
22mines or diggings be worked under the receiver's direction, subject to the order of the
23court, in such manner as best ascertains the respective rights of the parties. The ores
24or
nonferrous metallic minerals raised by either party pending the dispute shall be

1delivered to the receiver, who may, by order of the court or judge, pay any rent or other
2necessary expenses therefrom.
AB426, s. 25 3Section 25. 107.04 of the statutes is amended to read:
AB426,29,15 4107.04 Lessee's fraud; failure to work mine. Any miner who conceals or
5disposes of any ores or nonferrous metallic minerals or mines or diggings for the
6purpose of defrauding the lessor of rent or who neglects to pay any rent on ores or
7nonferrous metallic minerals raised by the miner for 3 days after the notice thereof
8and claim of the rent, shall forfeit all right to his or her mines, diggings or range; and
9the landlord after the concealment or after 3 days have expired from the time of
10demanding rent, may proceed against the miner to recover possession of the mines
11or diggings in circuit court as in the case of a tenant holding over after the
12termination of the lease. If a miner neglects to work his or her mines or diggings
13according to the usages of miners, without reasonable excuse, he or she shall likewise
14forfeit the mines or diggings and the landlord may proceed against the miner in like
15manner to recover possession of the mines or diggings.
AB426, s. 26 16Section 26. 107.11 of the statutes is amended to read:
AB426,30,3 17107.11 Account of ore nonferrous metallic minerals received. Every
18person operating a metal recovery system and every purchaser of ores and
19nonferrous metallic minerals shall keep a substantially bound book, ruled into
20suitable columns, in which shall be entered from day to day, as ores or nonferrous
21metallic
minerals are received, the following items: the day, month and year when
22received; the name of the person from whom purchased; the name of the person by
23whom hauled and delivered; name of the owner of the land from which the ores or
24nonferrous metallic minerals were obtained, or if not known, the name of the
25diggings or some distinct description of the land. The bound book shall be kept at the

1furnace or at the usual place of business of such person or purchaser or his or her
2agent in this state, and shall be open to authorized representatives of the department
3of revenue at reasonable times for inspection and taking extracts.
AB426, s. 27 4Section 27. 107.12 of the statutes is amended to read:
AB426,30,11 5107.12 Penalty. If any person operating a metal recovery system or purchaser
6of ores and nonferrous metallic minerals or the agent of any such person or purchaser
7doing business fails to keep such a book or to make such entries as required under
8s. 107.11 or unreasonably refuses to show the book for inspection or taking extracts
9or makes false entries in the book he or she shall forfeit $10 for each offense, one-half
10to the use of the prosecutor; and each day such failure or refusal continues shall be
11deemed a distinct and separate offense.
AB426, s. 28 12Section 28. 107.20 (1) of the statutes is amended to read:
AB426,30,2413 107.20 (1) Any provision of an exploration mining lease entered into after April
1425, 1978, granting an option or right to determine the presence, location, quality or
15quantity of metalliferous nonferrous metallic minerals shall be limited to a term not
16exceeding 10 years from the date on which the exploration mining lease is recorded
17in the office of the register of deeds of the county where the property is located, except
18that any provision of an exploration mining lease entered into after April 25, 1978,
19granting an option or right to determine the quality and quantity of metalliferous
20nonferrous metallic minerals under a prospecting permit shall be limited to a term
21not exceeding 10 years from the date that the lessee applies for a prospecting permit
22under s. 293.35, if the lessee applies for the prospecting permit within 10 years from
23the date on which the exploration mining lease is recorded in the office of the register
24of deeds of the county where the property is located.
AB426, s. 29 25Section 29. 107.20 (2) of the statutes is amended to read:
AB426,31,5
1107.20 (2) Any provision of an exploration mining lease entered into after April
225, 1978, granting an option or right to develop or extract metalliferous nonferrous
3metallic
minerals shall be limited to a term not exceeding 50 years from the date on
4which the exploration mining lease is recorded in the office of the register of deeds
5of the county where the property is located.
AB426, s. 30 6Section 30. 107.30 (1) of the statutes is amended to read:
AB426,31,87 107.30 (1) "Concentrates" means the nonferrous mineral-rich, finished,
8primary products of a concentrator.
AB426, s. 31 9Section 31. 107.30 (18) of the statutes is amended to read:
AB426,31,1310 107.30 (18) "Refining" means the process by which metal or valuable a
11nonferrous metallic
mineral is extracted and purified from an ore or concentrate and
12includes but is not limited to hydrometallurgical operations such as leaching and
13pyrometallurgical operations such as fire refining, roasting and cindering.
AB426, s. 32 14Section 32. 107.30 (20) of the statutes is amended to read:
AB426,31,1715 107.30 (20) "Smelting" means any metallurgical operation in which nonferrous
16metal is separated by fusion from those impurities with which it may be chemically
17combined or physically mixed such as in ores.
AB426, s. 33 18Section 33. 160.19 (12) of the statutes is amended to read:
AB426,31,2519 160.19 (12) The requirements in this section shall not apply to rules governing
20an activity regulated under ch. 293 or subch. III of ch. 295, or to a solid waste facility
21regulated under subch. III of ch. 289 which is part of an activity regulated under ch.
22293 or subch. III of ch. 295, except that the department may promulgate new rules
23or amend rules governing this type of activity, practice or facility if the department
24determines that the amendment or promulgation of rules is necessary to protect
25public health, safety or welfare.
AB426, s. 34
1Section 34. 196.491 (4) (b) 2. of the statutes is amended to read:
AB426,32,92 196.491 (4) (b) 2. The person shows to the satisfaction of the commission that
3the person reasonably anticipates, at the time that construction of the equipment or
4facilities commences, that on each day that the equipment and facilities are in
5operation the person will consume no less than 70% of the aggregate kilowatt hours
6output from the equipment and facilities in manufacturing processes at the site
7where the equipment and facilities are located or in ferrous mineral mining and
8processing activities governed by subch. III of ch. 295 at the site where the mining
9and processing equipment and facilities are located
.
AB426, s. 35 10Section 35. 281.65 (2) (a) of the statutes is amended to read:
AB426,32,2311 281.65 (2) (a) "Best management practices" means practices, techniques or
12measures, except for dredging, identified in areawide water quality management
13plans, which are determined to be effective means of preventing or reducing
14pollutants generated from nonpoint sources, or from the sediments of inland lakes
15polluted by nonpoint sources, to a level compatible with water quality objectives
16established under this section and which do not have an adverse impact on fish and
17wildlife habitat. The practices, techniques or measures include land acquisition,
18storm sewer rerouting and the removal of structures necessary to install structural
19urban best management practices, facilities for the handling and treatment of
20milkhouse wastewater, repair of fences built using grants under this section and
21measures to prevent or reduce pollutants generated from mine tailings disposal sites
22for which the department has not approved a plan of operation under s. 289.30 or s.
23295.51
.
AB426, s. 36 24Section 36. 281.75 (17) (b) of the statutes is amended to read:
AB426,33,3
1281.75 (17) (b) This section does not apply to contamination which is
2compensable under subch. II of ch. 107 or s. 293.65 (4) or to contamination arising
3out of mining operations governed by subch. III of ch. 295
.
AB426, s. 37 4Section 37. 287.13 (5) (e) of the statutes is amended to read:
AB426,33,95 287.13 (5) (e) Solid waste produced by a commercial business or industry which
6is disposed of or held for disposal in an approved facility, as defined under s. 289.01
7(3), or a mining waste site, as defined in s. 295.41 (31), covered by a mining permit
8under s. 295.58,
owned, or leased by the generator and designed and constructed for
9the purpose of accepting that type of solid waste.
AB426, s. 38 10Section 38. 289.35 of the statutes is amended to read:
AB426,33,16 11289.35 Shoreland and floodplain zoning. Solid waste facilities are
12prohibited within areas under the jurisdiction of shoreland and floodplain zoning
13regulations adopted under ss. 59.692, 61.351, 62.231 and , 87.30, and 281.31, except
14that the department may issue permits authorizing facilities in such areas. If the
15department issues a permit under this section, the permit shall specify the location,
16height, or size of the solid waste facility authorized under the permit.
AB426, s. 39 17Section 39. 289.62 (2) (g) 2. and 6. of the statutes are amended to read:
AB426,33,1918 289.62 (2) (g) 2. For nonhazardous tailing solids or for nonacid producing
19taconite tailing solids
, 0.2 cent per ton.
AB426,33,2120 6. For nonhazardous waste rock or for nonacid producing taconite waste rock,
210.1 cent per ton.
AB426, s. 40 22Section 40. 292.01 (1m) of the statutes is amended to read:
AB426,33,2423 292.01 (1m) "Approved mining facility" has the meaning given in s. 289.01 (4)
24and includes a mining waste site as defined in s. 295.41 (31).
AB426, s. 41 25Section 41. Chapter 293 (title) of the statutes is amended to read:
AB426,34,1
1CHAPTER 293
AB426,34,2 2nonferrous METALLIC MINING
AB426, s. 42 3Section 42. 293.01 (5) of the statutes is amended to read:
AB426,34,104 293.01 (5) "Mineral exploration" or "exploration", unless the context requires
5otherwise, means the on-site geologic examination from the surface of an area by
6core, rotary, percussion or other drilling, where the diameter of the hole does not
7exceed 18 inches, for the purpose of searching for nonferrous metallic minerals or
8establishing the nature of a known nonferrous metallic mineral deposit, and includes
9associated activities such as clearing and preparing sites or constructing roads for
10drilling.
AB426, s. 43 11Section 43. 293.01 (7) of the statutes is amended to read:
AB426,34,2112 293.01 (7) "Merchantable by-product" means all waste soil, rock, mineral,
13liquid, vegetation and other material directly resulting from or displaced by the
14mining, cleaning or preparation of nonferrous metallic minerals during mining
15operations which are determined by the department to be marketable upon a
16showing of marketability made by the operator, accompanied by a verified statement
17by the operator of his or her intent to sell such material within 3 years from the time
18it results from or is displaced by mining. If after 3 years from the time merchantable
19by-product results from or is displaced by mining such material has not been
20transported off the mining site, it shall be considered and regulated as refuse unless
21removal is continuing at a rate of more than 12,000 cubic yards per year.
AB426, s. 44 22Section 44. 293.01 (8) of the statutes is repealed.
AB426, s. 45 23Section 45. 293.01 (9) of the statutes is amended to read:
AB426,35,224 293.01 (9) "Mining" or "mining operation" means all or part of the process
25involved in the mining of nonferrous metallic minerals, other than for exploration or

1prospecting, including commercial extraction, agglomeration, beneficiation,
2construction of roads, removal of overburden and the production of refuse.
AB426, s. 46 3Section 46. 293.01 (12) of the statutes is amended to read:
AB426,35,94 293.01 (12) "Mining site" means the surface area disturbed by a mining
5operation, including the surface area from which the nonferrous metallic minerals
6or refuse or both have been removed, the surface area covered by refuse, all lands
7disturbed by the construction or improvement of haulageways, and any surface areas
8in which structures, equipment, materials and any other things used in the mining
9operation are situated.
AB426, s. 47 10Section 47. 293.01 (12m) of the statutes is created to read:
AB426,35,1311 293.01 (12m) "Nonferrous metallic mineral" means an ore or other earthen
12material to be excavated from the natural deposits on or in the earth for its metallic
13content but not primarily for its iron oxide content.
AB426, s. 48 14Section 48. 293.01 (18) of the statutes is amended to read:
AB426,36,215 293.01 (18) "Prospecting" means engaging in the examination of an area for the
16purpose of determining the quality and quantity of nonferrous metallic minerals,
17other than for exploration but including the obtaining of an ore a nonferrous metallic
18mineral
sample, by such physical means as excavating, trenching, construction of
19shafts, ramps and tunnels and other means, other than for exploration, which the
20department, by rule, identifies, and the production of prospecting refuse and other
21associated activities. "Prospecting" shall not include such activities when the
22activities are, by themselves, intended for and capable of commercial exploitation of
23the underlying nonferrous ore body. However, the fact that prospecting activities and
24construction may have use ultimately in mining, if approved, shall not mean that
25prospecting activities and construction constitute mining within the meaning of sub.

1(9), provided such activities and construction are reasonably related to prospecting
2requirements.
AB426, s. 49 3Section 49. 293.01 (25) of the statutes is amended to read:
AB426,36,94 293.01 (25) "Refuse" means all waste soil, rock, mineral, liquid, vegetation and
5other material, except merchantable by-products, directly resulting from or
6displaced by the prospecting or mining and from the cleaning or preparation of
7nonferrous metallic minerals during prospecting or mining operations, and shall
8include all waste materials deposited on or in the prospecting or mining site from
9other sources.
AB426, s. 50 10Section 50. 293.21 (1) (a) of the statutes is amended to read:
AB426,36,1211 293.21 (1) (a) "Driller" means a person who performs core, rotary, percussion
12or other drilling involved in exploration for nonferrous metallic minerals.
Loading...
Loading...