AB426,106,1515
(z) The mining waste site design includes staged reclamation, if practicable.
AB426,106,19
16(8) Limitation on regulation of certain mining waste. The department may
17not regulate the use of mining waste in reclamation or the construction of any facility
18or structure except through the department's review of the mining plan and
19reclamation plan and the approval of the application for the mining permit.
AB426,106,23
20(9) Applicability of other laws. Subchapters I to V and VII of ch. 289 and rules
21promulgated under those subchapters do not apply to a mining waste site, to the
22disposal of mining waste in a mining waste site, or to mining wastes used in the
23reclamation or construction of facilities and structures on the mining site.
AB426,107,2
24295.53 Environmental impact statement.
(1) Consultants. The
25department may enter into contracts for environmental consultant services under
1s. 23.41 to assist in the preparation of an environmental impact statement or to
2provide assistance to applicants.
AB426,107,6
3(2) Notice. After the department receives an application for a mining permit,
4it shall notify the public and affected agencies that an environmental impact
5statement will be prepared for the proposed mine and that the process of identifying
6major issues under s. NR 150.21 (3), Wis. Adm. Code, is beginning.
AB426,107,19
7(3) Environmental impact report. (a) An applicant shall prepare an
8environmental impact report for the mining project. In the environmental impact
9report, the applicant shall provide a description of the proposed mining project, the
10present environmental conditions in the area and the anticipated environmental
11impacts of the proposed mining project, the present socioeconomic conditions in the
12area and the anticipated socioeconomic impacts of the proposed mining project,
13details of any wetlands compensation program under s. 295.60 (8), any measures for
14navigable waters under s. 295.605 (4), any proposed changes to the forest
15designations specified in sub. (4) (c), and the alternatives to the proposed mining
16project. As the applicant provides more information or makes modifications to the
17proposed mining project, the department may revise the requirements it specified
18under s. 295.465 (2) to ensure the potential environmental effects can be identified
19in the department's environmental impact statement.
AB426,107,2520
(b) The department shall assist the applicant in meeting the deadlines for
21ultimate submission and review of those analyses consistent with this subchapter.
22If a particular scientific analysis is not completed as of the date the environmental
23impact report is required to be submitted, the applicant shall identify in the
24environmental impact report the scope of the analysis and anticipated date that it
25will be submitted.
AB426,108,2
1(c) 1. The applicant shall submit the environmental impact report with the
2application for the mining permit.
AB426,108,73
3. Upon receipt of the environmental impact report, the department shall
4review the environmental impact report and, if the department finds that the
5environmental impact report does not contain information reasonably necessary for
6the department to evaluate the proposed mining project and its environmental
7effects, the department may request additional information from the applicant.
AB426,108,138
(d) The department shall accept original data from an environmental impact
9report for use in the environmental impact statement and need not verify all original
10data provided by the applicant to accept the data as accurate. The department shall
11use original data from an environmental impact report in the environmental impact
12statement if the data contains the information identified in sub. (1) (e) 1. and any of
13the following conditions is met:
AB426,108,1714
1. The department, its consultant, or a cooperating state or federal agency
15collects sufficient data to perform a limited statistical comparison with data from the
16environmental impact report that demonstrates that the data sets are statistically
17similar within a reasonable confidence limit.
AB426,108,2018
2. An expert who is employed by, or is a consultant to, the department or is
19employed by, or is a consultant to, a cooperating state or federal agency determines
20that the data is within the range of expected results.
AB426,108,2321
3. The department, its consultant or a cooperating state or federal agency
22determines that the methodology used in the environmental impact report is
23scientifically and technically adequate for the tests being performed.
AB426,109,2
24(4) Procedure for environmental impact statement. (a) The department shall
25prepare an environmental impact statement for every application for a mining
1permit. In preparing the environmental impact statement, the department shall
2comply with s. 1.11 (2) and s. NR 150.22 (2), Wis. Adm. Code.
AB426,109,53
(b) The department shall include in the environmental impact statement a
4description of the significant long-term and short-term impacts, including impacts
5after the mining has ended, on all of the following:
AB426,109,77
2. Employment.
AB426,109,88
3. Schools and medical care facilities.
AB426,109,99
4. Private and public social services.
AB426,109,1010
5. The tax base.
AB426,109,1111
6. The local economy.
AB426,109,1612
(c) The department and other state agencies shall address the application for
13a mining permit, for any approval, and for any action relating to the mining project
14involving other state agencies in one comprehensive analysis in the environmental
15impact statement prepared by the department, including any environmental
16analysis required by the department with regard to any of the following:
AB426,109,1917
1. 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.
AB426,109,2020
2. The withdrawal of land entered as forest cropland under s. 77.10.
AB426,109,2321
3. 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.
AB426,110,324
4. The transfer of land for which amounts were awarded by the department,
25including under s. 23.09 (17m), 26.38, 28.11 (5r), or 77.895, to fund the acquisition
1of, or to fund activities conducted on, forest land and any modification of, or
2amendment to, a forest stewardship management plan or other plan necessitated by
3the transfer of the land.
AB426,110,114
(d) The public notice, informational hearing, and comment provisions in s.
5295.57, the provision concerning the effective date of approvals in s. 295.58 (6), and
6the provisions for review in s. 295.77 apply to an environmental impact statement
7prepared under this subsection. If the department revises and redistributes an
8environmental impact statement or portion of an environmental impact statement
9prepared under this section, the department shall distribute the environmental
10impact statement or portion of the environmental impact statement as provided in
11s. 295.57, but the period for public comment is 30 days, rather than 45 days.
AB426,111,312
(e) The department shall conduct its environmental review process jointly with
13any federal or local agency that consents to a joint environmental review process.
14The department may adopt any environmental analysis prepared by another state
15agency or by a federal or local agency. The department may enter into a written
16agreement with any of those agencies that have a major responsibility related to or
17that are significantly affected by the proposed mining. In the written agreement, the
18parties shall define the responsibility of each agency in the development of a single
19environmental impact statement on the proposed mining and outline the procedures
20to be used in the regulatory process. The department shall be the lead agency for any
21environmental review process involving other state agencies. To the extent that any
22federal or local agency's environmental review process conflicts with the provisions
23of this section or s. 295.57, then the department shall follow the provisions of this
24section and s. 295.57 and may only coordinate its environmental review to the extent
25consistent with the provisions of this section and s. 295.57. The department shall
1comment on any federal agency's environmental assessment or environmental
2impact statement associated with a mining project in accordance with s. NR 150.30,
3Wis. Adm. Code.
AB426,111,12
4(5) Relationship to other laws. This section and s. 295.57 govern the
5department's obligations under ss. 1.11 and 1.12 with respect to a mining project.
6Sections 23.11 (5) and 23.40 and ss. NR 2.085, 2.09, and 2.157, Wis. Adm. Code, do
7not apply with respect to a mining project. The rest of ch. NR 2, Wis. Adm. Code, only
8applies with respect to a mining project to the extent that it does not conflict with this
9section and s. 295.57. Sections NR 150.24 and 150.25, Wis. Adm. Code, do not apply
10with respect to a mining project. The rest of ch. 150, Wis. Adm. Code, only applies
11with respect to a mining project to the extent that it does not conflict with this section
12and s. 295.57.
AB426,111,15
13295.56 Exemptions. (1) The department may grant an exemption, as
14provided in this section, from any of the requirements of this subchapter applicable
15to any of the following:
AB426,111,1716
(a) A mining permit application, including the mining plan, reclamation plan,
17and mining waste site feasibility study and plan of operation.
AB426,111,1818
(b) A mining permit.
AB426,111,1919
(c) Any other approval.
AB426,111,23
20(2) (a) An applicant shall submit a request for an exemption in writing and
21shall describe the grounds for the exemption and provide documentation identifying
22the conditions requiring the exemption, the reasons for the exemption, and the
23reasonableness of the exemption.
AB426,112,424
(b) An applicant may obtain an exemption only if the applicant submits the
25request no later than the 180th day after the application for the mining permit is
1administratively complete under s. 295.57 (2), unless the condition that is the basis
2for the requested exemption is not known to the applicant before that day, in which
3case the deadline is extended to the 20th day before the deadline under s. 295.57 (7)
4(a).
AB426,112,105
(c) The department shall issue a decision on a request for an exemption no later
6than the 15th day after the day on which it received the request under par. (a).
7Subject to par. (b) and except as provided in par. (d), the department shall grant the
8exemption if it is consistent with the purposes of this subchapter and will not violate
9any applicable environmental law outside of this subchapter and if one of the
10following applies:
AB426,112,1111
1. The exemption will not result in significant adverse environmental impacts.
AB426,112,1512
2. The exemption will result in significant adverse environmental impacts, but
13the applicant will offset those impacts through compensation or mitigation, as
14provided in s. 295.60; through the measures provided in s. 295.605, or through the
15conservation measures provided in s. 295.61.
AB426,112,1716
(d) 1. The department shall deny a request for an exemption if granting the
17exemption would violate federal law.
AB426,112,2318
2. If federal law imposes a standard for an exemption that differs from the
19standard in par. (c) and that cannot be modified by state law, and if that standard has
20been approved by the federal government for use by the state through a delegation
21agreement, federally approved state implementation plan, or other program
22approval, then the department shall determine whether to grant the request for the
23exemption using the federal standard.
AB426,112,25
24295.57 Application procedure. (1) Submission. (a) An applicant shall
25submit the application for a mining permit as provided in s. 295.47.
AB426,113,6
1(b) The department and the state geologist shall protect as confidential any
2information, other than effluent data, contained in an application for a mining
3permit, upon a showing that the information is entitled to protection as a trade
4secret, as defined in s. 134.90 (1) (c), and any information relating to production or
5sales figures or to processes or production unique to the applicant or that would tend
6to adversely affect the competitive position of the applicant if made public.
AB426,113,12
7(2) Determination of administrative completeness. (a) An application for a
8mining permit is administratively complete on the 30th day after the department
9receives the application, unless, before that day, the department provides the
10applicant with written notification that the application is not administratively
11complete. The department may determine that an application is not
12administratively complete only if the applicant does not submit one of the following:
AB426,113,1413
2. A mining plan that contains the types of information specified in s. 295.48
14(1), (2), (3), and (4).
AB426,113,1615
3. A reclamation plan that contains the types of information specified in s.
16295.49 (1), (2), and (3).
AB426,113,1817
4. A mining waste site feasibility study and plan of operation that contains the
18types of information specified in s. 295.51 (5), (6), and (7).
AB426,113,1919
5. An environmental impact report.
AB426,113,2020
6. The evidence required under s. 295.47 (2) (g).
AB426,113,2221
(b) In making the determination under par. (a), the department may not
22consider the quality of the information provided.
AB426,113,2423
(c) In a notice provided under par. (a), the department shall specify what is
24missing from the application.
AB426,114,11
1(d) The running of the 30-day period under par. (a) is tolled from the day on
2which the department provides notification, in compliance with par. (a), that an
3application is not administratively complete until the day on which the applicant
4submits the missing or revised mining plan, reclamation plan, mining waste site
5feasibility study and plan of operation, environmental impact report, or evidence
6required under s. 295.47 (2) (g). The department shall notify the applicant when it
7receives the missing or revised mining plan, reclamation plan, waste site feasibility
8study and plan of operation, environmental impact report, or evidence required
9under s. 295.47 (2) (g). The application is administratively complete on the day on
10which the department provides the notification to the applicant or on the expiration
11of the remainder of the 30-day period, whichever is sooner.
AB426,114,1512
(e) The department may request additional information needed to process a
13mining application from the applicant after the application is administratively
14complete, but the department may not delay the determination of administrative
15completeness based on a request for additional information.
AB426,114,19
16(3) Notice of additional approvals. Within 30 days after the mining permit
17is administratively complete under sub. (2), the department shall notify the
18applicant in writing of any approval required for the construction or operation of the
19mining site that was not previously identified by the department.
AB426,114,24
20(3m) Receipt of certain approvals. If a storm water discharge permit under
21s. 283.33 (1) (a) or a water quality certification under rules promulgated under subch.
22II of ch. 281 to implement
33 USC 1341 (a) is needed for a mining operation, the
23person applying for the mining permit may apply for and be issued the permit or
24certification.
AB426,115,3
1(4) Public information and notice. (a) The department shall make available
2for review in the city, village, or town in which the proposed mining site is located,
3information concerning the proposed mining, including all of the following:
AB426,115,54
1. The application for the mining permit, including the mining plan,
5reclamation plan, and mining waste site feasibility study and plan of operation.
AB426,115,66
2. Any of the following relating to an approval other than the mining permit:
AB426,115,77
a. The application.
AB426,115,88
b. A draft approval.
AB426,115,99
c. Information or summaries relating to the approval.
AB426,115,1210
3. The environmental impact statement, environmental impact report, and any
11additional supporting information used in the department's evaluation of the
12proposed mining.
AB426,115,1413
4. The department's analyses and preliminary determinations relating to any
14approval.
AB426,115,2215
(b) The department shall distribute a notice that describes the availability of
16the information under par. (a); the opportunity for written public comment, including
17an invitation for the submission of written comments by any person within 45 days
18after the notice is published; and the date, time, and location of the public
19informational hearing and that includes any additional information that a law
20concerning any approval requires to be provided. The department shall publish the
21notice as a Class I notice under ch. 985. The department shall also send the notice
22to all of the following:
AB426,115,2423
1. The clerk of any city, village, town, or county with zoning jurisdiction over
24the proposed mining site.
AB426,116,2
12. The clerk of any city, village, town, or county within whose boundaries any
2portion of the proposed mining site is located.
AB426,116,43
3. The clerk of any city, village, or town, contiguous to any city, village, or town
4within whose boundaries any portion of the proposed mining site is located.
AB426,116,75
4. The main public library of each city, village, town, or county with zoning
6jurisdiction over the proposed mining site or within whose boundaries any portion
7of the proposed mining site is located.
AB426,116,98
5. Any regional planning commission for the area within which the proposed
9mining site lies.
AB426,116,1210
6. Any state agency that the department knows is required to grant a permit
11or other authorization necessary for the construction or operation of the proposed
12mining project.
AB426,116,1613
7. The federal environmental protection agency, U.S. Army Corps of Engineers,
14and states potentially affected by the proposed discharge if a water discharge permit
15under ch. 283 or a water quality certification for a federal wetland under s. 295.60
16(4) is to be considered at the public informational hearing.
AB426,116,1917
8. The federal environmental protection agency and appropriate agencies in
18other states that may be affected if an air pollution control permit under ch. 285 is
19to be considered at the public informational hearing.
AB426,116,2220
9. If a water withdrawal permit under s. 295.61 for a withdrawal of surface
21water is to be considered at the public informational hearing, the persons specified
22in s. 30.18 (4) (a).
AB426,117,323
10. If an individual permit under s. 30.12 for a structure through which water
24transferred from the Great Lakes basin would be returned to the source watershed
25through a stream tributary to one of the Great Lakes is to be considered at the public
1informational hearing, the governing body of each city, village, and town through
2which the stream flows or that is adjacent to the stream downstream from the point
3at which the water would enter the stream.
AB426,117,44
11. Any person upon request.
AB426,117,55
12. The applicant.
AB426,117,86
13. Any other person to whom the department is required to give notice of any
7proposed determination, application, or hearing concerning an approval under the
8laws relating to the issuance of any approval or under s. 1.11.
AB426,117,149
(c) The department shall coordinate the public comment period for the mining
10permit with the public comment period for any other approval for the mining
11operation, except that if an application for an approval is filed too late to allow public
12comment within the public comment period for the mining permit, the department
13shall issue separate notice, as described in par. (b), for the approval after the
14application is filed.
AB426,118,2
15(5) Informational hearing. The department shall hold a public informational
16hearing before issuing or denying a mining permit and not less than 30 days after
17publishing the notice under sub. (4) (b). The department shall hold the public
18informational hearing in the county where the majority of the proposed mining site
19is located. The department shall hold a single public informational hearing covering
20the mining permit, all other approvals, and the environmental impact statement,
21except that if an application for an approval is filed too late to allow the application
22to be considered at the public informational hearing for the mining permit, the
23department shall hold a separate public informational hearing on the approval in the
24county where the proposed site is located not less than 30 days after publishing the
1notice under sub. (4) (b) for the approval. The public informational hearing under
2this subsection is not a contested case hearing under ch. 227.
AB426,118,6
3(6) Summary. After considering the comments received under subs. (4) and (5)
4and before acting on the application for the mining permit, the department shall
5prepare a summary of the comments and the department's response to the
6comments.
AB426,118,10
7(7) Deadline for acting on mining permit application. (a) No more than 360
8days after the day on which the application for a mining permit is administratively
9complete under sub. (2), the department shall approve the application, and issue a
10mining permit, or deny the application, in accordance with s. 295.58.
AB426,118,1411
(b) If the department does not comply with par. (a), the application for the
12mining permit is automatically granted and the department shall issue a mining
13permit. The applicant may engage in mining based on the automatic approval,
14notwithstanding any delay by the department in issuing the mining permit.
AB426,118,21
15(8) Deadline for acting on other approvals. (a) Except as provided in par.
16(c), if an applicant files an application for an approval other than a mining permit
17no later than 60 days after the day on which the application for the mining permit
18is administratively complete under sub. (2), the department shall approve the
19application, and issue the approval, or deny the application no more than 360 days
20after the day on which the application for the mining permit is administratively
21complete under sub. (2).
AB426,119,322
(b) Except as provided in par. (c) if an applicant files an application for an
23approval other than a mining permit more than 60 days after the day on which the
24application for the mining permit is administratively complete under sub. (2), the
25deadline for acting on the application is extended beyond the deadline under par. (a)
1by the number of days beyond the 60th day after the day on which the application
2for the mining permit is administratively complete that the applicant files the
3application for the approval.
AB426,119,54
(c) Paragraphs (a) and (b) do not apply to the application for an air pollution
5control permit under s. 285.62.
AB426,119,96
(d) The department shall incorporate an approval other than a mining permit
7into a single document with the mining permit, unless the application for the
8approval was filed more than 60 days after the day on which the application for the
9mining permit is administratively complete under sub. (2).
AB426,119,15
10(8m) Submission of technical review to Great Lakes regional body. If an
11applicant files an application under s. 281.346 for an approval for a withdrawal of
12surface water or groundwater that is subject to regional review or council approval,
13the department shall provide its technical review, as defined in s. 281.346 (1) (u), to
14the regional body, as defined in s. 281.346 (1) (q), no later than 90 days after the
15applicant files the application for the approval.
AB426,119,25
16(9) Applicable procedure. The provisions of this section and ss. 295.58 (5) and
17(6) and 295.77 concerning public notice, comment, and hearing; issuance of
18department decisions; effective date of department decisions; and review of
19department decisions; and the duration of approvals apply to any approval,
20notwithstanding any provisions related to those matters in s. 44.40 or 169.25, subch.
21I or VI of ch. 77, ch. 23, 29, 30, 169, 281, 283, 285, 289, or 291, or rules promulgated
22under those provisions, except as provided in s. 281.343 (7r) and except that if a
23withdrawal of surface water or groundwater is subject to regional review or council
24approval under s. 281.346, the applicable provisions related to regional review or
25council approval apply.
AB426,120,4
1295.58 Mining; department grant or denial of permit. (1) Criteria for
2approval. (a) Except as provided in sub. (2) and except with respect to property
3specified in s. 41.41 (11), the department shall issue a mining permit if it finds all of
4the following:
AB426,120,65
1. That the mining plan and reclamation plan are reasonably certain to result
6in reclamation of the mining site consistent with this subchapter.