(e) Solid waste produced by a commercial business or industry which 6
is 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 9
the purpose of accepting that type of solid waste.
AB426, s. 38
289.35 of the statutes is amended to read:
11289.35 Shoreland and floodplain zoning.
Solid waste facilities are 12
prohibited within areas under the jurisdiction of shoreland and floodplain zoning 13
regulations adopted under ss. 59.692, 61.351, 62.231 and
87.30, and 281.31
, except 14
that 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
289.62 (2) (g) 2. and 6. of the statutes are amended to read:
(g) 2. For nonhazardous tailing solids
or for nonacid producing
19taconite tailing solids
, 0.2 cent per ton.
6. For nonhazardous waste rock or for nonacid producing taconite waste rock
0.1 cent per ton.
AB426, s. 40
292.01 (1m) of the statutes is amended to read:
"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
Chapter 293 (title) of the statutes is amended to read:
AB426, s. 42
293.01 (5) of the statutes is amended to read:
"Mineral exploration" or "exploration", unless the context requires 5
otherwise, means the on-site geologic examination from the surface of an area by 6
core, rotary, percussion or other drilling, where the diameter of the hole does not 7
exceed 18 inches, for the purpose of searching for nonferrous
metallic minerals or 8
establishing the nature of a known nonferrous
metallic mineral deposit, and includes 9
associated activities such as clearing and preparing sites or constructing roads for 10
AB426, s. 43
293.01 (7) of the statutes is amended to read:
"Merchantable by-product" means all waste soil, rock, mineral, 13
liquid, vegetation and other material directly resulting from or displaced by the 14
mining, cleaning or preparation of nonferrous metallic
minerals during mining 15
operations which are determined by the department to be marketable upon a 16
showing of marketability made by the operator, accompanied by a verified statement 17
by the operator of his or her intent to sell such material within 3 years from the time 18
it results from or is displaced by mining. If after 3 years from the time merchantable 19
by-product results from or is displaced by mining such material has not been 20
transported off the mining site, it shall be considered and regulated as refuse unless 21
removal is continuing at a rate of more than 12,000 cubic yards per year.
AB426, s. 44
293.01 (8) of the statutes is repealed.
AB426, s. 45
293.01 (9) of the statutes is amended to read:
"Mining" or "mining operation" means all or part of the process 25
involved in the mining of nonferrous
metallic minerals, other than for exploration or
prospecting, including commercial extraction, agglomeration, beneficiation, 2
construction of roads, removal of overburden and the production of refuse.
AB426, s. 46
293.01 (12) of the statutes is amended to read:
"Mining site" means the surface area disturbed by a mining 5
operation, including the surface area from which the nonferrous metallic
or refuse or both have been removed, the surface area covered by refuse, all lands 7
disturbed by the construction or improvement of haulageways, and any surface areas 8
in which structures, equipment, materials and any other things used in the mining 9
operation are situated.
AB426, s. 47
293.01 (12m) of the statutes is created to read:
"Nonferrous metallic mineral" means an ore or other earthen 12
material to be excavated from the natural deposits on or in the earth for its metallic 13
content but not primarily for its iron oxide content.
AB426, s. 48
293.01 (18) of the statutes is amended to read:
"Prospecting" means engaging in the examination of an area for the 16
purpose of determining the quality and quantity of nonferrous metallic
other than for exploration but including the obtaining of an ore a nonferrous metallic
sample, by such physical means as excavating, trenching, construction of 19
shafts, ramps and tunnels and other means, other than for exploration, which the 20
department, by rule, identifies, and the production of prospecting refuse and other 21
associated activities. "Prospecting" shall not include such activities when the 22
activities are, by themselves, intended for and capable of commercial exploitation of 23
the underlying nonferrous
ore body. However, the fact that prospecting activities and 24
construction may have use ultimately in mining, if approved, shall not mean that 25
prospecting activities and construction constitute mining within the meaning of sub.
(9), provided such activities and construction are reasonably related to prospecting 2
AB426, s. 49
293.01 (25) of the statutes is amended to read:
"Refuse" means all waste soil, rock, mineral, liquid, vegetation and 5
other material, except merchantable by-products, directly resulting from or 6
displaced by the prospecting or mining and from the cleaning or preparation of 7nonferrous metallic
minerals during prospecting or mining operations, and shall 8
include all waste materials deposited on or in the prospecting or mining site from 9
AB426, s. 50
293.21 (1) (a) of the statutes is amended to read:
(a) "Driller" means a person who performs core, rotary, percussion 12
or other drilling involved in exploration for nonferrous
AB426, s. 51
293.25 (2) (a) of the statutes is amended to read:
Except as provided under par. (b), ss. 293.21 and 15
293.81 and rules promulgated under those sections apply to radioactive waste site 16
exploration, to activities related to radioactive waste site exploration and to persons 17
engaging in or intending to engage in radioactive waste site exploration or related 18
activities in the same manner as those sections and rules are applicable to 19nonferrous metallic
mineral exploration, to activities related to nonferrous metallic 20
mineral exploration and to persons engaging in or intending to engage in nonferrous
mineral exploration or related activities.
AB426, s. 52
293.25 (4) of the statutes is amended to read:
293.25 (4) Regulation of exploration and related provisions.
293.13, 293.15 (1) to (12), 293.85, 293.87 and 293.89 and rules promulgated under 25
those sections apply to radioactive waste site exploration, to activities related to
radioactive waste site exploration and to persons engaging in or intending to engage 2
in radioactive waste site exploration or related activities in the same manner as 3
those sections and rules are applicable to nonferrous metallic
mineral exploration, 4
to activities related to nonferrous metallic
mineral exploration and to persons 5
engaging in or intending to engage in nonferrous metallic
mineral exploration or 6
AB426, s. 53
293.37 (4) (b) of the statutes is amended to read:
(b) If the department finds that the anticipated life and total area 9
of a nonferrous metallic
mineral deposit are of sufficient magnitude that reclamation 10
of the mining site consistent with this chapter requires a comprehensive plan for the 11
entire affected area, it shall require an operator to submit with the application for 12
a mining permit, amended mining site or change in mining or reclamation plan, a 13
comprehensive long-term plan showing, in detail satisfactory to the department, the 14
manner, location and time for reclamation of the entire area of contiguous land which 15
will be affected by mining and which is owned, leased or under option for purchase 16
or lease by the operator at the time of application. Where a nonferrous metallic 17
mineral deposit lies on or under the lands of more than one operator, the department 18
shall require the operators to submit mutually consistent comprehensive plans.
AB426, s. 54
293.47 (1) (b) of the statutes is amended to read:
(b) "Geologic information" means information concerning 21
descriptions of an a nonferrous
ore body, descriptions of reserves, tonnages and 22
grades of nonferrous
ore, descriptions of a drill core or bulk sample including 23
analysis, descriptions of drill hole depths, distances and similar information related 24
to the nonferrous
AB426, s. 55
293.50 (1) (b) of the statutes is amended to read:
(b) "Sulfide ore body" means a mineral deposit in which nonferrous 2
metals are mixed with sulfide minerals.
AB426, s. 56
293.50 (2) (intro.) of the statutes is amended to read:
(intro.) Beginning on May 7, 1998, the department may not issue a 5
permit under s. 293.49 for the purpose of
the mining of a sulfide ore body until all of 6
the following conditions are satisfied:
AB426, s. 57
293.50 (2) (a) of the statutes is amended to read:
(a) The department determines, based on information provided by 9
an applicant for a permit under s. 293.49 and verified by the department, that a 10
mining 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 12
for at least 10 years without the pollution of groundwater or surface water from acid 13
drainage at the tailings site or at the mine site or from the release of heavy metals.
AB426, s. 58
293.50 (2) (b) of the statutes is amended to read:
(b) The department determines, based on information provided by 16
an applicant for a permit under s. 293.49 and verified by the department, that a 17
mining 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 19
has been closed for at least 10 years without the pollution of groundwater or surface 20
water from acid drainage at the tailings site or at the mine site or from the release 21
of heavy metals.
AB426, s. 59
293.51 (1) of the statutes is amended to read:
Upon notification that an application for a prospecting or mining 24
permit has been approved by the department but prior to commencing prospecting 25
or mining, the operator shall file with the department a bond conditioned on faithful
performance of all of the requirements of this chapter and all rules adopted by the 2
department under this chapter. The bond shall be furnished by a surety company 3
licensed to do business in this state. In lieu of a bond, the operator may deposit cash, 4
certificates of deposit or government securities with the department. Interest 5
received on certificates of deposit and government securities shall be paid to the 6
operator. The amount of the bond or other security required shall be equal to the 7
estimated cost to the state of fulfilling the reclamation plan, in relation to that 8
portion of the site that will be disturbed by the end of the following year. The 9
estimated cost of reclamation of each prospecting or mining site shall be determined 10
by the department on the basis of relevant factors including, but not limited to, 11
expected changes in the price index, topography of the site, methods being employed, 12
depth and composition of overburden and depth of nonferrous metallic
deposit being mined.
AB426, s. 60
293.65 (3) (a) of the statutes is amended to read:
(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 17
of all wells involved in the withdrawal of groundwater or the dewatering of mines 18
exceeds 100,000 gallons each day. A permit under s. 283.31 is required to discharge 19
pollutants resulting from the dewatering of mines.
AB426, s. 61
293.65 (3) (b) of the statutes is amended to read:
(b) The department may not issue an approval under s. 281.34 if the 22
withdrawal of groundwater for prospecting or mining purposes or the dewatering of 23
mines will result in the unreasonable detriment of public or private water supplies 24
or the unreasonable detriment of public rights in the waters of the state. No 25
withdrawal of groundwater for prospecting or mining purposes
mines may be made to the unreasonable detriment of public or private water supplies 2
or the unreasonable detriment of public rights in the waters of the state.
AB426, s. 62
293.86 of the statutes is amended to read:
4293.86 Visitorial powers of department.
Any duly authorized officer, 5
employee or representative of the department may enter and inspect any property, 6
premises or place on or at which any prospecting or metallic
mining operation or 7
facility is located or is being constructed or installed at any reasonable time for the 8
purpose of ascertaining the state of compliance with this chapter and chs. 281, 285, 9
289 to 292, 295
and 299, subchs. I and II of ch. 295,
and rules adopted pursuant 10
thereto. No person may refuse entry or access to any such authorized representative 11
of the department who requests entry for purposes of inspection, and who presents 12
appropriate credentials, nor may any person obstruct, hamper or interfere with any 13
such inspection. The department shall furnish to the prospector or operator, as 14
indicated in the prospecting or mining permit, a written report setting forth all 15
observations, relevant information and data which relate to compliance status.
AB426, s. 63
Chapter 295 (title) of the statutes is amended to read:
NONMETALLIC MINING RECLAMATION;19
OIL AND GAS;
ferrous metallic mining
AB426, s. 64
295.16 (4) (f) of the statutes is amended to read:
(f) Any mining operation, the reclamation of which is required in a 23
permit obtained under ch. 293 or subch. III of ch. 295
AB426, s. 65
Subchapter III of chapter 295 [precedes 295.40] of the statutes is 25
created to read:
ferrous metallic mining
4295.40 Legislative findings.
The legislature finds all of the following:
That attracting and aiding new mining enterprises and expanding the 6
mining industry in Wisconsin is part of Wisconsin public policy.
That mining for nonferrous metallic minerals is different from mining for 8
ferrous minerals because in mining for nonferrous metallic minerals, sulfite 9
minerals react, when exposed to air and water, to form acid drainage.
That if the mineral products and waste materials associated with 11
nonferrous metallic sulfide mining operations are not properly managed and 12
controlled, they can cause significant damage to the environment, affect human 13
health, and degrade the quality of life of the affected community.
That the special concerns surrounding nonferrous metallic mining warrant 15
more stringent regulatory measures than those warranted for ferrous mining 16
That the provisions in ch. 293, 2009 stats., are a deterrent to ferrous mining 18
in this state and are not necessary to ensure that ferrous mining will be conducted 19
in an environmentally sound manner.
That simplifying and shortening the permitting process for ferrous metallic 21
mineral mining when compared to nonferrous metallic mineral mining, as 22
Minnesota and Michigan have done, will encourage ferrous metallic mineral mining 23
in Wisconsin and create jobs and generate resources for the state.
That because of the fixed location of ferrous mineral deposits in the state, 25
it is probable that mining those deposits will result in adverse impacts to areas of
special natural resource interest and to wetlands, including wetlands located within 2
areas of special natural resource interest and that, therefore, the use of wetlands for 3
bulk sampling and mining activities, including the disposal or storage of mining 4
wastes or materials, or the use of other lands for mining activities that would have 5
a significant adverse impact on wetlands, is presumed to be necessary.
In this subchapter:
"Air pollution" means the presence in the atmosphere of one or more air 8
contaminants in such quantities and of such duration as is injurious to human health 9
or welfare, animal or plant life, or property.
"Applicant" means a person who applies for, or is preparing to apply for, an 11
exploration license or a mining permit or who files a bulk sampling plan.
"Approval" means any permit, license, certification, contract, or other 13
authorization that the department issues, or any other action by the department, 14
that is required for exploration, to engage in bulk sampling at a bulk sampling site, 15
or to construct or operate a mining site, including any action required for any of the 16
(a) The withdrawal of land entered as county forest land under s. 28.11 and any 18
modification of, or amendment to, a county forest land use plan necessitated by the 19
withdrawal of the land.
(b) The withdrawal of land entered as forest cropland under s. 77.10.
(c) The withdrawal of land designated as managed forest land under subch. VI 22
of ch. 77 and any modification of, or amendment to, a managed forest land 23
management plan necessitated by the withdrawal of the land.
"Background water quality" means the concentration of a substance in 2
groundwater as determined by monitoring at locations that will not be affected by 3
a mining site.
"Baseline water quality" means the concentration of a substance in 5
groundwater or surface water as determined by monitoring before mining operations 6
"Borrow materials" means soil or rock used in construction or reclamation 8
"Bulk sampling" means excavating in a potential mining site by removing 10
less than 10,000 tons of material for the purposes of obtaining site-specific data to 11
assess the quality and quantity of the ferrous mineral deposits and of collecting data 12
from and analyzing the excavated materials in order to prepare the application for 13
a mining permit or for any other approval.
"Closing" means the time at which a mining waste site ceases to accept 15
"Closure" means the actions taken by an operator to prepare a mining waste 17
site for long-term care and to make it suitable for other uses.
"Construct" means to engage in a program of on-site construction, 19
including site clearing, grading, dredging, or filling of land.
"Department" means the department of natural resources.
"Disposal" means the discharge, deposit, injection, dumping, or placing of 22
a substance into or on any land or water.
"Environmental impact report" means a document submitted by a person 24
seeking a mining permit that discloses environmental impacts of the proposed 25
"Environmental impact statement" means a detailed statement under s. 2
1.11 (2) (c).
"Environmental pollution" means contaminating or rendering unclean or 4
impure the air, land, or waters of the state, or making the air, land, or waters of the 5
state injurious to public health or animal or plant life.
"Exploration license" means a license under s. 295.44.
"Ferrous mineral" means an ore or earthen material in natural deposits 8
in or on the earth that primarily exists in the form of an iron oxide, including taconite 9