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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.
AB426, s. 51 13Section 51. 293.25 (2) (a) of the statutes is amended to read:
AB426,36,2114 293.25 (2) (a) Applicability. Except as provided under par. (b), ss. 293.21 and
15293.81 and rules promulgated under those sections apply to radioactive waste site
16exploration, to activities related to radioactive waste site exploration and to persons
17engaging in or intending to engage in radioactive waste site exploration or related
18activities in the same manner as those sections and rules are applicable to
19nonferrous metallic mineral exploration, to activities related to nonferrous metallic
20mineral exploration and to persons engaging in or intending to engage in nonferrous
21metallic
mineral exploration or related activities.
AB426, s. 52 22Section 52. 293.25 (4) of the statutes is amended to read:
AB426,37,623 293.25 (4) Regulation of exploration and related provisions. Sections
24293.13, 293.15 (1) to (12), 293.85, 293.87 and 293.89 and rules promulgated under
25those sections apply to radioactive waste site exploration, to activities related to

1radioactive waste site exploration and to persons engaging in or intending to engage
2in radioactive waste site exploration or related activities in the same manner as
3those sections and rules are applicable to nonferrous metallic mineral exploration,
4to activities related to nonferrous metallic mineral exploration and to persons
5engaging in or intending to engage in nonferrous metallic mineral exploration or
6related activities.
AB426, s. 53 7Section 53. 293.37 (4) (b) of the statutes is amended to read:
AB426,37,188 293.37 (4) (b) If the department finds that the anticipated life and total area
9of a nonferrous metallic mineral deposit are of sufficient magnitude that reclamation
10of the mining site consistent with this chapter requires a comprehensive plan for the
11entire affected area, it shall require an operator to submit with the application for
12a mining permit, amended mining site or change in mining or reclamation plan, a
13comprehensive long-term plan showing, in detail satisfactory to the department, the
14manner, location and time for reclamation of the entire area of contiguous land which
15will be affected by mining and which is owned, leased or under option for purchase
16or lease by the operator at the time of application. Where a nonferrous metallic
17mineral deposit lies on or under the lands of more than one operator, the department
18shall require the operators to submit mutually consistent comprehensive plans.
AB426, s. 54 19Section 54. 293.47 (1) (b) of the statutes is amended to read:
AB426,37,2420 293.47 (1) (b) "Geologic information" means information concerning
21descriptions of an a nonferrous ore body, descriptions of reserves, tonnages and
22grades of nonferrous ore, descriptions of a drill core or bulk sample including
23analysis, descriptions of drill hole depths, distances and similar information related
24to the nonferrous ore body.
AB426, s. 55 25Section 55. 293.50 (1) (b) of the statutes is amended to read:
AB426,38,2
1293.50 (1) (b) "Sulfide ore body" means a mineral deposit in which nonferrous
2metals are mixed with sulfide minerals.
AB426, s. 56 3Section 56. 293.50 (2) (intro.) of the statutes is amended to read:
AB426,38,64 293.50 (2) (intro.) Beginning on May 7, 1998, the department may not issue a
5permit under s. 293.49 for the purpose of the mining of a sulfide ore body until all of
6the following conditions are satisfied:
AB426, s. 57 7Section 57. 293.50 (2) (a) of the statutes is amended to read:
AB426,38,138 293.50 (2) (a) The department determines, based on information provided by
9an applicant for a permit under s. 293.49 and verified by the department, that a
10mining operation has operated in a sulfide ore body which, together with the host
11nonferrous rock, has a net acid generating potential in the United States or Canada
12for at least 10 years without the pollution of groundwater or surface water from acid
13drainage at the tailings site or at the mine site or from the release of heavy metals.
AB426, s. 58 14Section 58. 293.50 (2) (b) of the statutes is amended to read:
AB426,38,2115 293.50 (2) (b) The department determines, based on information provided by
16an applicant for a permit under s. 293.49 and verified by the department, that a
17mining operation that operated in a sulfide ore body which, together with the host
18nonferrous rock, has a net acid generating potential in the United States or Canada
19has been closed for at least 10 years without the pollution of groundwater or surface
20water from acid drainage at the tailings site or at the mine site or from the release
21of heavy metals.
AB426, s. 59 22Section 59. 293.51 (1) of the statutes is amended to read:
AB426,39,1323 293.51 (1) Upon notification that an application for a prospecting or mining
24permit has been approved by the department but prior to commencing prospecting
25or mining, the operator shall file with the department a bond conditioned on faithful

1performance of all of the requirements of this chapter and all rules adopted by the
2department under this chapter. The bond shall be furnished by a surety company
3licensed to do business in this state. In lieu of a bond, the operator may deposit cash,
4certificates of deposit or government securities with the department. Interest
5received on certificates of deposit and government securities shall be paid to the
6operator. The amount of the bond or other security required shall be equal to the
7estimated cost to the state of fulfilling the reclamation plan, in relation to that
8portion of the site that will be disturbed by the end of the following year. The
9estimated cost of reclamation of each prospecting or mining site shall be determined
10by the department on the basis of relevant factors including, but not limited to,
11expected changes in the price index, topography of the site, methods being employed,
12depth and composition of overburden and depth of nonferrous metallic mineral
13deposit being mined.
AB426, s. 60 14Section 60. 293.65 (3) (a) of the statutes is amended to read:
AB426,39,1915 293.65 (3) (a) An approval under s. 281.34 is required to withdraw groundwater
16for prospecting or mining or to dewater mines if the capacity and rate of withdrawal
17of all wells involved in the withdrawal of groundwater or the dewatering of mines
18exceeds 100,000 gallons each day. A permit under s. 283.31 is required to discharge
19pollutants resulting from the dewatering of mines.
AB426, s. 61 20Section 61. 293.65 (3) (b) of the statutes is amended to read:
AB426,40,221 293.65 (3) (b) The department may not issue an approval under s. 281.34 if the
22withdrawal of groundwater for prospecting or mining purposes or the dewatering of
23mines will result in the unreasonable detriment of public or private water supplies
24or the unreasonable detriment of public rights in the waters of the state. No
25withdrawal of groundwater for prospecting or mining purposes or the dewatering of

1mines may be made to the unreasonable detriment of public or private water supplies
2or the unreasonable detriment of public rights in the waters of the state.
AB426, s. 62 3Section 62. 293.86 of the statutes is amended to read:
AB426,40,15 4293.86 Visitorial powers of department. Any duly authorized officer,
5employee or representative of the department may enter and inspect any property,
6premises or place on or at which any prospecting or metallic mining operation or
7facility is located or is being constructed or installed at any reasonable time for the
8purpose of ascertaining the state of compliance with this chapter and chs. 281, 285,
9289 to 292, 295 and 299, subchs. I and II of ch. 295, and rules adopted pursuant
10thereto. No person may refuse entry or access to any such authorized representative
11of the department who requests entry for purposes of inspection, and who presents
12appropriate credentials, nor may any person obstruct, hamper or interfere with any
13such inspection. The department shall furnish to the prospector or operator, as
14indicated in the prospecting or mining permit, a written report setting forth all
15observations, relevant information and data which relate to compliance status.
AB426, s. 63 16Section 63. Chapter 295 (title) of the statutes is amended to read:
AB426,40,1717 Chapter 295
AB426,40,2018 NONMETALLIC MINING RECLAMATION;
19 OIL AND GAS;
20 ferrous metallic mining
AB426, s. 64 21Section 64. 295.16 (4) (f) of the statutes is amended to read:
AB426,40,2322 295.16 (4) (f) Any mining operation, the reclamation of which is required in a
23permit obtained under ch. 293 or subch. III of ch. 295.
AB426, s. 65 24Section 65. Subchapter III of chapter 295 [precedes 295.40] of the statutes is
25created to read:
AB426,41,1
1Chapter 295
AB426,41,32 Subchapter III
3 ferrous metallic mining
AB426,41,4 4295.40 Legislative findings. The legislature finds all of the following:
AB426,41,6 5(1) That attracting and aiding new mining enterprises and expanding the
6mining industry in Wisconsin is part of Wisconsin public policy.
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