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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.
AB426,41,9 7(2) That mining for nonferrous metallic minerals is different from mining for
8ferrous minerals because in mining for nonferrous metallic minerals, sulfite
9minerals react, when exposed to air and water, to form acid drainage.
AB426,41,13 10(3) That if the mineral products and waste materials associated with
11nonferrous metallic sulfide mining operations are not properly managed and
12controlled, they can cause significant damage to the environment, affect human
13health, and degrade the quality of life of the affected community.
AB426,41,16 14(4) That the special concerns surrounding nonferrous metallic mining warrant
15more stringent regulatory measures than those warranted for ferrous mining
16operations.
AB426,41,19 17(5) That the provisions in ch. 293, 2009 stats., are a deterrent to ferrous mining
18in this state and are not necessary to ensure that ferrous mining will be conducted
19in an environmentally sound manner.
AB426,41,23 20(6) That simplifying and shortening the permitting process for ferrous metallic
21mineral mining when compared to nonferrous metallic mineral mining, as
22Minnesota and Michigan have done, will encourage ferrous metallic mineral mining
23in Wisconsin and create jobs and generate resources for the state.
AB426,42,5 24(7) That because of the fixed location of ferrous mineral deposits in the state,
25it is probable that mining those deposits will result in adverse impacts to areas of

1special natural resource interest and to wetlands, including wetlands located within
2areas of special natural resource interest and that, therefore, the use of wetlands for
3bulk sampling and mining activities, including the disposal or storage of mining
4wastes or materials, or the use of other lands for mining activities that would have
5a significant adverse impact on wetlands, is presumed to be necessary.
AB426,42,6 6295.41 Definitions. In this subchapter:
AB426,42,9 7(1) "Air pollution" means the presence in the atmosphere of one or more air
8contaminants in such quantities and of such duration as is injurious to human health
9or welfare, animal or plant life, or property.
AB426,42,11 10(2) "Applicant" means a person who applies for, or is preparing to apply for, an
11exploration license or a mining permit or who files a bulk sampling plan.
AB426,42,16 12(3) "Approval" means any permit, license, certification, contract, or other
13authorization that the department issues, or any other action by the department,
14that is required for exploration, to engage in bulk sampling at a bulk sampling site,
15or to construct or operate a mining site, including any action required for any of the
16following:
AB426,42,1917 (a) The withdrawal of land entered as county forest land under s. 28.11 and any
18modification of, or amendment to, a county forest land use plan necessitated by the
19withdrawal of the land.
AB426,42,2020 (b) The withdrawal of land entered as forest cropland under s. 77.10.
AB426,42,2321 (c) The withdrawal of land designated as managed forest land under subch. VI
22of ch. 77 and any modification of, or amendment to, a managed forest land
23management plan necessitated by the withdrawal of the land.
AB426,43,3
1(4) "Background water quality" means the concentration of a substance in
2groundwater as determined by monitoring at locations that will not be affected by
3a mining site.
AB426,43,6 4(5) "Baseline water quality" means the concentration of a substance in
5groundwater or surface water as determined by monitoring before mining operations
6begin.
AB426,43,8 7(6) "Borrow materials" means soil or rock used in construction or reclamation
8activities.
AB426,43,13 9(7) "Bulk sampling" means excavating in a potential mining site by removing
10less than 10,000 tons of material for the purposes of obtaining site-specific data to
11assess the quality and quantity of the ferrous mineral deposits and of collecting data
12from and analyzing the excavated materials in order to prepare the application for
13a mining permit or for any other approval.
AB426,43,15 14(8) "Closing" means the time at which a mining waste site ceases to accept
15mining wastes.
AB426,43,17 16(9) "Closure" means the actions taken by an operator to prepare a mining waste
17site for long-term care and to make it suitable for other uses.
AB426,43,19 18(10) "Construct" means to engage in a program of on-site construction,
19including site clearing, grading, dredging, or filling of land.
AB426,43,20 20(11) "Department" means the department of natural resources.
AB426,43,22 21(12) "Disposal" means the discharge, deposit, injection, dumping, or placing of
22a substance into or on any land or water.
AB426,43,25 23(14) "Environmental impact report" means a document submitted by a person
24seeking a mining permit that discloses environmental impacts of the proposed
25mining.
AB426,44,2
1(15) "Environmental impact statement" means a detailed statement under s.
21.11 (2) (c).
AB426,44,5 3(16) "Environmental pollution" means contaminating or rendering unclean or
4impure the air, land, or waters of the state, or making the air, land, or waters of the
5state injurious to public health or animal or plant life.
AB426,44,6 6(17) "Exploration license" means a license under s. 295.44.
AB426,44,9 7(18) "Ferrous mineral" means an ore or earthen material in natural deposits
8in or on the earth that primarily exists in the form of an iron oxide, including taconite
9and hematite.
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