AB426: Bill Text

AB426,78,15 a. A forfeiture by the applicant, principal shareholder of the applicant, or a related person of a mining reclamation bond that was sufficient to cover all costs of reclamation and was posted in accordance with a permit or other approval for a mining operation in the United States, unless the forfeiture was by agreement with the entity for whose benefit the bond was posted.

AB426,78,18 b. A felony conviction of the applicant, a related person, or an officer or director of the applicant for a violation of a law for the protection of the natural environment arising out of the operation of a mining site in the United States.

AB426,78,21 c. The bankruptcy or dissolution of the applicant or a related person that resulted in the failure to reclaim a mining site in the United States in violation of a state or federal law.

AB426,78,25 d. The permanent revocation of a mining permit or other mining approval issued to the applicant or a related person if the permit or other mining approval was revoked because of a failure to reclaim a mining site in the United States in violation of state or federal law.

AB426,79,2 2. The applicant shall specify the name and address of the person involved in and the date and location of each occurrence described in subd. 1.

AB426,79,4 (i) A description of any land contiguous to the proposed mining site that the applicant owns or leases or has an option to purchase or lease.

AB426,79,6 (j) Any other pertinent information that the applicant believes may be useful to the department.

AB426,79,12 295.48 Mining plan. (1) General. An applicant for a mining permit shall submit as part of the application a mining plan that includes a description of the proposed mining site and either a detailed map drawn to a scale approved by the department or aerial photographs, if the photographs show the details to the satisfaction of the department, prepared and certified by a competent engineer, surveyor, or other person approved by the department that show all of the following:

AB426,79,13 (a) The boundaries of the area of land that will be affected.

AB426,79,14 (b) The drainage area above and below the area that will be affected.

AB426,79,16 (c) The location and names of all streams, roads, railroads, pipelines, and utility lines on or within 1,000 feet of the mining site.

AB426,79,17 (d) The name or names of the owner or owners of the mining site.

AB426,79,19 (e) The name of the city, village, or town in which the mining site is located and the name of any other city, village, or town that is within 3 miles of the mining site.

AB426,79,21 (2) Descriptive data. The applicant shall provide descriptive data to accompany the map or photographs under sub. (1), including all of the following:

AB426,79,23 (a) The federal natural resources conservation service land capabilities classifications of the affected area.

AB426,79,24 (b) The elevation of the water table.

AB426,80,3 (c) Details of the nature, extent, and final configuration of the proposed excavation and mining site, including the total estimated production of tailings, waste rock, and other refuse and the location of their disposal.

AB426,80,4 (d) The nature and depth of the overburden.

AB426,80,7 (3) Operating procedures. The applicant shall also include in the mining plan the details of the proposed operating procedures, including descriptions of all of the following:

AB426,80,8 (a) The sequence of mining operations.

AB426,80,9 (b) The handling of overburden materials.

AB426,80,10 (c) The production, handling, and final disposition of tailings.

AB426,80,12 (d) The milling, concentrating, refining, and other processing of ferrous minerals.

AB426,80,13 (e) The storage, loading, and transportation of the final product.

AB426,80,17 (f) Groundwater and surface water management techniques, including provisions for erosion protection and drainage control, and a water management plan showing water sources, flow paths and rates, storage volumes, and release points.

AB426,80,19 (g) Plans for collection, treatment, and discharge of any water resulting from the mining.

AB426,80,20 (h) Plans for protecting air quality under ch. 285.

AB426,80,21 (hm) A plan for monitoring environmental changes at the mining site.

AB426,81,2 (hr) An assessment of the risk of the occurrence of an accidental health or environmental hazard in connection with the operation of the mine. The assessment shall include, with specificity, a description of the assumptions that the applicant used in making the risk assessment and the contingency measures that the applicant proposes to take in the event of that an accidental health or environmental hazard occurs.

AB426,81,6 (i) Measures for notifying the public and responsible governmental agencies of potentially hazardous conditions, including the movement or accumulation of toxic wastes in groundwater and surface water, soils, and vegetation, and other consequences of the operation of importance to public health, safety, and welfare.

AB426,81,8 (j) All surface facilities associated with the mining site and any use of mining waste in reclamation or the construction of any facility or structure.

AB426,81,9 (k) All geological and geotechnical investigations and drilling programs.

AB426,81,11 (L) A plan for completing and submitting a preblasting survey to the department before any blasting is conducted.

AB426,81,14 (4) Required demonstrations. The applicant shall demonstrate in the mining plan that the proposed mining will be consistent with the reclamation plan under s. 295.49 and that all of the following will apply, at a minimum:

AB426,81,16 (a) Handling and storage of all materials on the mining site will be done in an environmentally sound manner.

AB426,81,22 (b) Buildings and other structures will be painted and maintained in a manner that is visually compatible with the surrounding vegetational and earth conditions, except that if a building or other structure cannot be painted and maintained in a manner that is visually compatible or if painting and maintaining a building or other structure in a manner that is visually compatible would cause safety concerns, the building or structure will be made as visually inconspicuous as is practicable.

AB426,81,24 (c) Effective means will be taken to limit access to the mining site to minimize exposure of the public to hazards.

AB426,82,2 (d) The use of mine mill chemicals and processing reagent wastes will be governed by all of the following:

AB426,82,4 1. Reagents and mine mill chemicals will not be used in a manner that will result in substantial harm to public safety or health or to the environment.

AB426,82,6 2. Reagents and mine mill chemicals that consist of or contain water soluble salts or metals will be used in accordance with any applicable approval.

AB426,82,9 3. Reagents will not be used or stored at the mining site if they are not included in the mining waste site feasibility study and plan of operation or in the mining plan, except for reagents for laboratory, testing, research, or experimental purposes.

AB426,82,11 (e) Provisions will be made for back-up equipment in the event of the breakdown of critical operation equipment.

AB426,82,14 (f) The design and operation specifications for mining site facilities include features, which may include emergency power supplies, redundant equipment, or temporary holding facilities, to deal with emergency conditions.

AB426,82,16 (g) Mining site facilities are designed to minimize disturbance to surface areas, to the extent practicable.

AB426,82,18 (h) Where practicable, elevation differences in water-based transport systems will be used for gravity flows to minimize pumping facilities and pressures.

AB426,82,19 (i) The following apply:

AB426,82,23 1. Systems for transporting tailings in slurry through pipelines that are not buried are designed to provide for emergency tailings conveyance or storage in case a pipeline breaks, plugs, freezes, or needs repairs and will be accessible for inspection, emergency repair, and maintenance.

AB426,82,25 2. The location of emergency spill containment areas is consistent with the prevention of substantial environmental pollution of surface waters.

AB426,83,3 3. In the event of a power failure, tailings pipelines will be self draining to a tailings area or an emergency spill containment area or standby pumps and pipelines or standby power is provided.

AB426,83,4 4. More than one emergency spill containment area is provided if necessary.

AB426,83,6 (j) If practicable, all liquid effluents from the mining site will be directed to a common point, for treatment if necessary, before discharge to a natural watercourse.

AB426,83,8 (L) If sanitary wastes will be directed to a tailings area they will be appropriately treated.

AB426,83,11 295.49 Reclamation plan. (1) An applicant for a mining permit shall submit as part of the application a reclamation plan, designed to minimize adverse effects to the environment to the extent practicable, that includes all of the following:

AB426,83,14 (a) A description of the manner, location, sequence, and timing of reclamation of the mining site, including the mine, mining waste site, and sites for the disposal of wastes that are not mining wastes.

AB426,83,15 (am) Prereclamation and postreclamation drawings.

AB426,83,17 (b) A map showing the specific reclamation proposal for each area of the mining site.

AB426,83,18 (c) A description of ongoing reclamation procedures during mining.

AB426,83,20 (d) A description of proposed interim and final topography and slope stabilization.

AB426,83,22 (e) A description of the proposed final land use and the relationship to surrounding land and land use.

AB426,83,24 (f) Plans for the long-term care of the mining site, that include all of the following:

AB426,84,2 1. Monitoring of the mine; mining waste sites; sites for the disposal of wastes that are not mining wastes; groundwater quality; and surface water quality.

AB426,84,4 2. The names of persons legally and operationally responsible for long-term care.

AB426,84,6 (g) Projected costs of reclamation, including the estimated cost of fulfilling the reclamation plan.

AB426,84,8 (2) The applicant shall demonstrate in the reclamation plan that all of the following will apply to the proposed reclamation, at a minimum:

AB426,84,10 (a) All toxic and hazardous wastes will be disposed of in conformance with applicable state and federal laws.

AB426,84,16 (b) At the conclusion of mining activity, each tunnel, shaft, and other underground opening will be sealed in a manner that will prevent seepage of water in amounts that may be expected to create a safety, health, or environmental hazard, unless the applicant demonstrates alternative uses for the tunnel, shaft, or other underground opening that do not endanger public health or safety and that conform to applicable environmental protection and mine safety laws and rules.

AB426,84,19 (c) Grading and stabilization of the excavation, sides, benches, and final slope will conform with state and federal environmental and safety requirements and will prevent erosion and environmental pollution to the extent practicable.

AB426,84,22 (d) Grading and stabilization of the mining waste site and sites for the disposal of wastes that are not mining wastes will conform with state and federal environmental and safety requirements.

AB426,84,23 (e) Merchantable by-products will be stabilized.

AB426,85,2 (f) Diversion and drainage of water from the mining site, including the mining waste site and sites for the disposal of wastes that are not mining wastes, will be adequate to prevent erosion and contamination of surface water and groundwater to the extent practicable.

AB426,85,5 (g) Backfilling with tailings, waste rock, overburden, or borrow materials will be conducted where the backfilling will not interfere with the mining and will not cause an applicable groundwater quality standard to be exceeded.

AB426,85,8 (h) All underground and surface runoff waters from the mining site will be managed, impounded, or treated in compliance with any approval that regulates construction site erosion control or storm water management or discharge.

AB426,85,10 (i) All surface structures constructed as part of the mining activities will be removed unless an alternate use is approved in the reclamation plan.

AB426,85,12 (j) Adequate measures will be taken to prevent significant subsidence, but if subsidence does occur, the affected area will be reclaimed.

AB426,85,15 (k) All recoverable topsoil from surface areas disturbed by the mining will be removed and stored in an environmentally acceptable manner for use in reclamation or in the mitigation or minimization of adverse environmental impacts.

AB426,85,19 (L) All disturbed surface areas will be revegetated as soon as practicable after the disturbance to stabilize slopes and minimize air pollution and water pollution, with the objective of reestablishing a variety of plants and animals indigenous to the area immediately prior to mining to the extent practicable.

AB426,85,23 (m) Plant species not indigenous to the area will be used for revegetation only if necessary to provide rapid stabilization of slopes and prevention of erosion and only with the approval of the department, but the objective under par. (L) will be maintained.

AB426,86,3 (3) If it is physically or economically impracticable or environmentally or socially undesirable for the reclamation process to return the area affected by mining to its original state, the applicant shall provide, in the reclamation plan, the reasons it would be impracticable or undesirable and a discussion of alternative conditions and uses to which the affected area can be put.

AB426,86,5 295.51 Mining waste site location criteria; feasibility study, and plan of operation. (1) Definitions. In this section:

AB426,86,7 (a) "Groundwater flow net" means a drawing showing equipotential contour lines and the direction that groundwater will flow.

AB426,86,10 (c) "Regional" means relating to the area that may affect or be affected by a proposed mining waste site, which ordinarily will not exceed the area within a radius of 5 miles of the mining waste site.

AB426,86,12 (e) "Water budget" means an assessment of water inputs, outputs, and net changes to a natural system or engineered facility over a fixed period.

AB426,86,14 (f) "Well nest" means 2 or more wells constructed to different depths and installed within 10 feet of each other at the ground surface.

AB426,86,17 (1e) Hazardous mining waste. (a) Prior to the informational hearing under s. 295.57 (5) the department shall designate any mining wastes identified by the department as hazardous under s. 291.05 (1).

AB426,86,22 (b) The disposal of any mining wastes that are identified by the department as hazardous under s. 291.05 (1) in a mining waste site is subject to this subchapter, and not to chs. NR 660 to 669, Wis. Adm. Code, except as necessary to comply with applicable federal regulations adopted under the federal Resource Conservation and Recovery Act, 42 USC 6901 to 6991m.

AB426,87,2 (1m) Location criteria. (a) Except as provided in par. (b), no person may locate or operate a mining waste site, excluding the portion of a mining site from which ferrous minerals are extracted and that is backfilled with mining waste, within 1,000 feet of any of the following:

AB426,87,4 1. The nearest edge of the right-of-way of any state trunk highway, as defined in s. 340.01 (60).

AB426,87,5 2. The boundary of any state or national park.

AB426,87,7 3. The boundary of a scenic easement purchased by the department or the department of transportation.