Current law requires a permit holder to grant DNR an easement to ensure that
an improved wetland is not destroyed or substantially degraded by subsequent
owners. This bill imposes this requirement on persons who receive a water quality
certification and requires DNR to suspend the certification if the permit holder fails
to grant the easement within the time limit set forth in the mining permit.
Groundwater quality
Groundwater quality standards
Under current law, DNR and the Department of Health Services (DHS)
establish groundwater quality standards, consisting of enforcement standards and
preventive action limits, for substances that contaminate groundwater. The
preventive action limit for a substance is 10 percent, 20 percent, or 50 percent of the
enforcement limit depending on the type of substance.
Under this bill, the enforcement standards and preventive action limits
established by DNR and DHS continue to apply to iron mining operations.
Point of standards application
Current law generally requires each state regulatory agency, including DNR,
to promulgate rules containing design and operational criteria for facilities and
activities affecting groundwater that are designed, to the extent technically and
economically feasible, to minimize the level of substances in groundwater and to
maintain compliance with preventive action limits, unless compliance with the
preventive action limits is not technically and economically feasible. Current law
requires each regulatory agency to promulgate rules that specify the range of
responses that the regulatory agency may take or that it may require the person
controlling a facility or activity to take if a preventive action limit is attained or
exceeded at what is called a point of standards application. Under current law and
under this bill, any point at which groundwater is monitored is a point of standards
application to determine whether a preventive action limit has been attained or
exceeded.
Current law generally prohibits a regulatory agency from promulgating rules
containing design and operational criteria that allow an enforcement standard to be
exceeded at a point of standards application. Under current law and under this bill,
for determining whether an enforcement standard has been attained or exceeded, a
point of standards application is any point beyond the boundary of the property on
which the regulated facility or activity is located, any point of present groundwater
use, and, for certain facilities, such as waste disposal facilities, any point beyond a
three-dimensional design management zone (DMZ) established by DNR by rule.
Design management zone
Under DNR's rules, the horizontal dimensions of a DMZ vary depending on the
type of facility. For a metallic mining waste site, the horizontal distance to the
boundary of the DMZ is generally 1,200 feet from the outer waste boundary or at the
boundary of the property owned or leased by the applicant, whichever distance is
less. For a metallic surface mine, the horizontal distance to the boundary of the DMZ
is generally 1,200 feet from the edge of the mining excavation or at the property
boundary, whichever distance is less. Generally, the smaller the DMZ, the more
likely that a preventive action limit or enforcement standard will be attained or
exceeded at the boundary and the more likely that the operator will be required to
implement a response.
Under this bill, for an iron mining site, the horizontal distance to the boundary
of the DMZ is generally 1,200 feet from the engineered structures of a mining waste
site, including any wastewater and sludge storage or treatment lagoon, the edge of
the mine and adjacent mine mill and ferrous mineral processing and other facilities
or at the property boundary, whichever distance is less.
Under current rules, DNR may reduce the horizontal distance to the boundary
of the DMZ on a metallic mining site if certain conditions are met, but may not
expand it.
Under the bill, DNR may not reduce the horizontal distance to the boundary of
the DMZ on a metallic mining site but may expand it by an additional 1,200 feet in
any direction if DNR determines that preventive action limits and enforcement
standards will be met at the boundary of the expanded DMZ and that preventive
action limits and enforcement standards cannot be met at the boundary of the DMZ
if it is not expanded.
Under DNR's rules, a DMZ extends vertically from the land surface through all
saturated geological formations. Under the bill, the vertical distance to the boundary
of the DMZ on an iron mining site extends no deeper than 1,000 feet into the
Precambrian bedrock or than the final depth of the mining excavation, whichever is
greater.
Mandatory intervention boundary
Currently, for metallic mining waste sites and metallic mines, in addition to the
DMZ, DNR's rules provide for a mandatory intervention boundary that is 150 feet
from the outer waste boundary or the edge of the mine. Under the rules, if a
preventive action limit or an enforcement standard is exceeded beyond the
mandatory intervention boundary, DNR must require a response by the operator.
The bill does not provide a mandatory intervention boundary for an iron mining
site.
Response when preventive action limit is attained or exceeded
Under DNR's groundwater rules, when a preventive action limit is attained or
exceeded at a point of standards application, DNR must determine the appropriate
response, taking into consideration the response proposed by the operator. The
response must be designed and implemented to minimize the concentration of the
substance in groundwater at the point of standards application to the extent feasible,
to regain and maintain compliance with the preventive action limit, and to ensure
that the enforcement standard is not attained or exceeded at the point of standards
application. DNR's rules specify a range of responses for when a preventive action
limit is attained or exceeded at a point of standards application, including requiring
a revision of operational procedures and requiring remedial action to restore
groundwater quality.
Under the bill, when a preventive action limit is attained or exceeded at a point
of standards application and the quality of groundwater is statistically significantly
different from the quality of the groundwater unaffected by the iron mining, DNR
must evaluate the range of responses proposed by the operator, including alternate
responses to the responses specified in DNR's rules, and designate the appropriate
response. DNR may determine that no response is necessary if it determines that
the preventive action limit will not be attained or exceeded at any point outside the
DMZ or, in some cases, if the natural concentration of the substance is above the
preventive action limit.
Response when enforcement standard is attained or exceeded
Under DNR's groundwater rules, when an enforcement standard is attained or
exceeded at a point of standards application for a solid or hazardous waste facility,
DNR must require responses as necessary to prevent any new releases of the
substance from traveling beyond the DMZ and to restore the contaminated
groundwater within a reasonable period. When an enforcement standard is attained
or exceeded at a point of standards application for a facility that is not a solid or
hazardous waste facility, DNR must generally prohibit the activity that uses or
produces the substance and require remedial actions, unless it can be shown that an
alternative response will achieve compliance with the enforcement standard at the
point of standards application.
Under the bill, when an enforcement standard is attained or exceeded at a point
of standards application and the quality of groundwater is statistically significantly
different from the quality of the groundwater unaffected by the iron mining, DNR
must evaluate the operator's proposed range of responses and designate an
appropriate response. DNR may not prohibit an activity or require closure of a
mining waste site unless DNR determines that no other remedial action would
prevent the violation of the enforcement standard at the point of standards
application.
Disposal of mining waste
Approval of facility
Under current law, no person may construct or operate a solid waste disposal
facility, such as a landfill, without the approval of DNR under the solid waste
statutes and rules. The rules under which metallic mining waste facilities are
regulated differ in some ways from the rules for other solid waste facilities.
Under this bill, the current solid waste laws do not apply to iron mining waste
facilities. Instead, the standards for an iron mining waste facility are specified in the
iron mining laws and the process for approving an iron mining waste facility is part
of the process for approving the iron mining permit. Under the bill, if a mining site
will include a disposal facility for waste that is not mining waste, such as trash from
an office or cafeteria, the current solid waste laws apply to that disposal facility.
Location of facility
Current law requires DNR to promulgate rules for the location of solid waste
facilities. Unless DNR grants an exemption, as described below (in the section on
exemptions), the rules prohibit the location of a mining waste site in any of the
following areas: 1) within 1,000 feet of a state trunk highway, a state park or scenic
easement or overlook, a scenic or wild river, or a hiking or bike trail, unless the
proposed waste site is visually inconspicuous or is screened; 2) within an area
designated in the statutes as being unsuitable for surface mining, such as a
wilderness area, a wildlife refuge, or a state or national park; 3) within 200 feet of
the property boundary; 4) within a floodplain; 5) within 300 feet of a navigable river
or stream; 6) within 1,000 feet of a lake; or 6) within 1,200 feet of a private or public
water supply well.
This bill includes the same locational limits for an iron mining waste site,
except that it does not prohibit an iron mining waste site from being located within
an area designated in the statutes as being unsuitable for surface mining.
Waste site feasibility study and plan of operation
The current solid waste statutes require an applicant for the approval of a solid
waste disposal facility to submit a waste site feasibility study, to demonstrate the
suitability of the site for the disposal of solid waste, and a plan of operation for the
facility. DNR's rules concerning metallic mining waste facilities contain extensive
requirements for the waste site feasibility study and plan of operation.
This bill requires an applicant for an iron mining permit to submit a waste site
feasibility study and plan of operation as part of the application for the mining
permit. The bill contains extensive requirements for the waste site feasibility study
and plan of operation, many of which are similar to the requirements in DNR's
current rules. Some of the technical requirements in the bill differ from the current
rules.
The bill requires the applicant to perform analyses to assess the potential
environmental impact of mining waste handling, storage, and disposal. The
applicant must conduct investigations on the proposed waste site and in the
laboratory to determine the characteristics of the site through measures such as soil
borings and tests and determining groundwater levels and flow patterns and
premining groundwater quality. The applicant must provide information about the
ecosystems and climatology in the vicinity of the proposed mining waste site and
about the geology, zoning, and land use in the area.
Under the bill, the applicant must submit a proposed waste site design that
includes proposed methods for controlling water that has been contaminated by
dissolved materials (leachate) and for controlling access to the facility and
engineering plans and must submit a description of typical daily operations of the
iron mining waste facility.
Proof of financial responsibility
Under current law and under this bill, the operator of a mine must furnish to
DNR a bond or other security in an amount sufficient to cover the cost of reclamation
of the mining site.
Current law also requires the operator of a mining waste facility to provide
proof of financial responsibility for the costs of the care, maintenance, and
monitoring of the facility after it is closed (long-term care). The obligation to provide
proof of financial responsibility for long-term care continues until DNR terminates
that requirement, which it may not do until at least 40 years after closure of the mine.
Under this bill, the operator of an iron mining waste facility is also required to
provide proof of financial responsibility for the costs of the long-term care of the
facility. Under the bill, the operator of an iron mine may apply to DNR for
termination of its obligation to provide proof of financial responsibility for long-term
care of the mining waste facility after the facility has been closed for at least 20 years
by submitting an application that demonstrates that proof of financial responsibility
for long-term care is no longer necessary for adequate protection of public health or
the environment. If DNR decides that additional proof of financial responsibility for
long-term care is still needed, the operator may not submit another application for
five years.
Water withdrawals
Under current law, no person may withdraw water from a stream or lake
without a permit (surface water withdrawal permit) issued by DNR. Current law
also regulates withdrawals of groundwater. That law prohibits a property owner
from withdrawing water from or constructing a well that, together with other wells
on the same property, has a capacity of more than 100,000 gallons per day without
an approval from DNR (high capacity well approval). DNR must review, using an
environmental review process specified in DNR's rules, every application for an
approval of a high capacity well that has a water loss of more than 95 percent of the
amount of water withdrawn, that may have a significant environmental impact on
a spring, or that is located in a groundwater protection area. A groundwater
protection area is an area within 1,200 feet of certain outstanding or exceptional
resource waters or certain trout streams. Current law also provides that if DNR
determines that a proposed high capacity well may impair the water supply of a
public utility, then DNR may not approve the well unless it includes certain approval
conditions that will ensure that the water supply of the public utility will not be
impaired and if DNR determines that a proposed high capacity well that has a water
loss of 95 percent of the amount of water withdrawn, may have a significant impact
on a spring or is located in a groundwater protection area, then DNR generally may
not approve the well unless it includes certain approval conditions that will ensure
that the high capacity well will not cause significant adverse environmental impact.
Current law also provides that if a person to whom DNR has issued a surface
water withdrawal permit or a high capacity well approval proposes to begin a new
withdrawal or increase an existing withdrawal that will result in a water loss beyond
a specified threshold amount, then that person must apply for a new or modified
surface water withdrawal permit or high capacity well approval (water loss
application). A water loss is a loss of water from the basin from which it is withdrawn
as a result of interbasin diversion or consumptive use. The water loss application
must contain certain information including the place and source of the proposed
withdrawal, the estimated average volumes and rates of water loss, the anticipated
costs of any proposed construction, and a description of the conservation practices
that the applicant intends to follow. If DNR approves the water loss application then
DNR must modify the applicant's existing surface water withdrawal permit or high
capacity well approval or issue a new permit or approval that specifies certain
conditions with regard to the water withdrawal.
This bill establishes different requirements for surface water and groundwater
withdrawals relating to iron mining. In lieu of a surface water withdrawal permit,
a high capacity well approval, and a water loss application, a person who, as part of
an iron mining operation or bulk sampling (explained below), engages in a surface
water withdrawal or withdrawal of groundwater or the dewatering of mines that
exceeds 100,000 gallons a day, must obtain a water withdrawal permit from DNR
(mining water withdrawal permit). The bill specifies that a person who applies for
a mining water withdrawal permit need not be a riparian (waterfront) property
owner. If the withdrawal of water will involve one or more high capacity wells, DNR
must require the applicant to submit a siting analysis that includes alternate
proposed locations for each well. In evaluating the siting analysis, DNR must
recognize that there is a need for mining waste sites and processing facilities to be
contiguous to the location of the ferrous mineral deposits and must allow any high
capacity well to be located so that need will be met. DNR must also determine which
location has the fewest overall adverse environmental impacts to the extent
practicable. In determining what is practicable, DNR must take into consideration
the ability to implement certain conservation measures.
The bill requires DNR to issue a mining water withdrawal permit if the
withdrawal meets certain requirements (general requirements). Among those
requirements is that the proposed withdrawal and use of the water is substantially
consistent with the protection of public health, safety, and welfare; that it will not be
significantly detrimental to the quantity or quality of the waters of this state; that
it will not significantly impair the rights of riparian owners or the applicant obtains
the consent of riparian owners; and that it will not result in significant injury to
public rights in navigable waters. The bill requires that the applicant submit a plan
to DNR that contains proposed conservation measures, such as mitigation,
compensation, or offsetting of significant impacts to navigable waters by restoring
or enlarging up to 1.5 acres of a natural navigable water in exchange for each acre
of a natural navigable water that is significantly impacted (offsetting impacts to
navigable waters). After DNR reviews the application and plan, DNR must issue a
permit if it finds that the general requirements will be met by implementing some
or all of the conservation measures. The bill further provides that if the applicant
cannot meet the general requirements by implementing conservation measures,
DNR shall nevertheless issue the mining water withdrawal permit if DNR
determines that the public benefits resulting from the iron mining operation exceed
any injury to public rights in a body of water that is affected by the mining operation.
In making this determination, DNR is required to recognize certain factors,
including the extent to which public rights in a navigable body of water may be
substantially and irreparably injured by the proposed withdrawal, public benefits
that may be provided, such as increased employment, from the iron mining
operation, and the social benefits and costs that will result from the mining
operation.
The bill authorizes DNR to impose certain reasonable conditions in the mining
water withdrawal permit, but the conditions may not interfere with, or limit the
amount of water needed for, the iron mining operation or bulk sampling. The bill also
allows an iron mining operator to request a modification of any condition in the
mining water withdrawal permit and establishes certain deadlines under which
DNR must approve or deny the request for modification. The bill specifies that if a
request for modification results in an existing withdrawal resulting in a water loss
averaging more than a specified number of gallons per day in a 30-day period, then
DNR must determine whether, under its rules, it is required to prepare an
environmental assessment or environmental impact statement. If so, then DNR
must prepare the environmental assessment or environmental impact statement.
Navigable waters
Under current law, DNR regulates certain activities that occur in or near
navigable waterways. In order for a person to conduct such an activity, the person
may be required to obtain one or more permits from DNR. Among the permits that
DNR issues are permits to place structures or deposits in navigable waters, permits
to construct or maintain bridges and culverts, permits to enlarge or connect
waterways, permits to change the courses of streams and rivers, and permits to
remove material from beds of navigable waterways. Current law also requires that
DNR have in place general permits for some of these activities. Under current law,
some activities are exempt from these requirements.
In order to receive an individual permit for the navigable waters activities
regulated by DNR, the activity must meet certain requirements. These
requirements vary depending on the type of permit issued, and may include
requirements that address possible obstruction to navigation, reduction to flood flow
capacity, and interference with the rights of other riparian owners. The bill modifies
the requirements for the purpose of issuing individual permits associated with iron
mining and provides that the same requirements apply to all of these permits. Under
the bill, a navigable waters permit will be issued if it will not significantly impair the
public's rights and interests in navigable waters, will not significantly reduce flood
flow capacity, will not significantly affect riparian rights, and will not significantly
degrade water quality. The bill requires that the applicant submit a plan to DNR that
contains proposed measures, such as improving public rights in navigable waters,
conducting mitigation or compensation, or offsetting impacts to navigable waters.
After DNR reviews the application and plan, DNR must issue a permit or enter into
a contract if it finds that the requirements will be met by implementing some or all
of the measures.
Under current law, to qualify for some of the individual or general permits or
to conduct activities under certain permit exemptions, the person must be an owner
of riparian property. Under the bill for purposes of iron mining, the requirement of
being a riparian owner does not apply.
Exemptions
Current law authorizes DNR to promulgate rules under which it may grant to
an applicant for a metallic mining permit an exemption to a rule promulgated under
the solid waste, hazardous waste, or metallic mining laws if the exemption does not
result in a violation of any federal or state environmental statute or endanger public
health, safety, or welfare or the environment.
This bill authorizes an applicant for an iron mining permit to request an
exemption from any requirement in the iron mining laws applicable to a mining
permit application, a mining permit, or any other approval issued by DNR that is
needed to conduct the iron mining. DNR must grant or deny the exemption within
15 days. DNR must grant the exemption if it is consistent with the purposes of the
iron mining laws; it does not violate other applicable environmental laws; and either:
1) it will not result in significant adverse environmental impacts, or 2) it will result
in significant adverse environmental impacts but the applicant will offset those
impacts through compensation, mitigation, or conservation measures, except that
DNR may not grant the exemption or variance if granting it would violate federal
law.
Relation to other laws
Current law provides that if there is a standard under other state or federal
statutes or rules that specifically regulates in whole an activity also regulated under
the metallic mining law, the standard under the other statutes or rules is the
controlling standard. If the other federal or state statute or rule only specifically
regulates the activity in part, it is controlling as to that part.
Under this bill, if there is a conflict between a provision of the iron mining laws
and a provision in another state environmental law, the provision in the iron mining
laws controls.
Exploration
Current law requires a person who intends to engage in exploration to be
licensed by DNR. Exploration is drilling to search for minerals or to establish the
nature of a known mineral deposit. The law requires DNR to promulgate rules
containing minimum standards for exploration and for the reclamation of
exploration sites.
This bill also requires a person who intends to engage in exploration for iron ore
to be licensed by DNR. The bill requires an applicant for an exploration license to
file an exploration plan and a reclamation plan that include provisions related to the
matters for which DNR is required to establish standards under current law. The
bill contains requirements for filling drillholes once exploration has been completed
that are similar to the requirements in DNR's current rules.
Under the current rules, DNR must deny the application for an exploration
license if it finds that the exploration will not comply with the standards for
exploration and reclamation or if the explorer is in violation of the rules.
Under the bill, DNR must deny the application for an exploration license if it
concludes that, after the reclamation plan has been completed, the exploration will
have a substantial and irreparable adverse impact on the environment or present a
substantial risk of injury to public health and welfare. If DNR intends to deny a
license, it must notify the applicant of that intent and the reasons for the intended
denial and give the applicant ten days to correct the problems with its application.
As under current DNR rules, the bill generally requires DNR to issue or deny
an application for an exploration license within ten business days of receipt of the
application. Under the bill, however, if DNR does not comply with that deadline, the
exploration license is automatically issued.
Bulk sampling
Under current law, a person may not prospect for metallic ore without a
prospecting permit from DNR. Prospecting is examining an area to determine the
quantity and quality of metallic minerals by means other than drilling, for example,
by excavating.
Under the bill, a person intending to examine an area to determine the quantity
and quality of iron ore by means other than drilling is not required to obtain a
prospecting license.
The bill does authorize a person who intends to engage in bulk sampling to file
a bulk sampling plan with DNR. Bulk sampling is excavating in a potential mining
site to assess the quality and quantity of iron ore deposits and to collect and analyze
data to prepare the application for a mining permit or other approval. A person who
files a bulk sampling plan must do all of the following:
1. Describe the bulk sampling site and the methods to be used for bulk
sampling.
2. Submit a plan for controlling surface erosion that identifies how adverse
impacts to plant and wildlife habitats will be avoided or minimized to the extent
practicable.
3. Submit a plan for revegetation that describes how adverse environmental
impacts will be avoided or minimized to the extent practicable, how the site will be
revegetated and stabilized, and how adverse impacts to plant and wildlife habitats
will be avoided or minimized to the extent practicable.
4. Describe any known adverse environmental impacts that are likely to be
caused by bulk sampling and how those impacts will be avoided or minimized to the
extent practicable.
The bill requires DNR, within 14 days of receipt of a bulk sampling plan, to
identify in writing any kind of approval that DNR issues that is needed to conduct
the proposed bulk sampling, such as a wastewater discharge permit or a wetland
water quality certification, and any waivers, exemptions, or exceptions to those
approvals that may be available.
The bill requires a person who has submitted a bulk sampling plan to submit
all applications for approvals and for waivers, exemptions, or exceptions to approvals
for the bulk sampling at one time.
The bill specifies deadlines for DNR to act on approvals needed to conduct bulk
sampling that would not otherwise apply to those types of approvals. When a person
who files a bulk sampling plan applies for an approval or a waiver, exemption, or
exception to an approval, the application is considered to be complete on the 30th day
after DNR receives the application, unless before that day DNR informs the person
that the application is not complete. Once an application is considered to be
complete, DNR must act within 30 days on an application for a waiver, exemption,
or exception to an approval, for a determination that an activity is below the
threshold that requires an approval, or for a determination of eligibility for coverage
under a general permit or a registration permit. For other approvals, DNR must act
within 60 days after the application is considered to be complete, except that if it is
not possible for DNR to act on approval for an individual permit, such as a
wastewater discharge permit, for which federal law requires an opportunity for
public comment or the ability to request a hearing before issuance of the permit
within 60 days, it must act within 180 days.
Under current law, if a proposed state agency action, such as the issuance of a
permit, authorization, or exception, will affect any site that is significant in the
history, prehistory, architecture, archaeology, or culture of this state (historic
property), the state agency must notify the director of the State Historical Society
(SHS) or his or her designee (state historic preservation officer). If the state historic
preservation officer determines that the proposed agency action will have an adverse
effect on a historic property that is listed on the national or state register of historic
places, the Wisconsin inventory of historic places, or SHS's list of locally designated
historic places, that officer may require negotiations with the state agency to reduce
that adverse effect.
The bill requires a bulk sampling plan to include: 1) a description of any
adverse effects that the bulk sampling might have on any historic property or on any
scenic or recreational areas; and 2) plans to avoid or minimize those adverse effects
to the extent practicable. The bill also provides that if DNR determines that an
applicant has taken measures to minimize the adverse effects of proposed bulk
sampling on a historic property, DNR is not required to notify the state historic
preservation officer, and the state historic preservation officer may not require
negotiations to reduce that adverse effect. If that adverse effect cannot practicably
be minimized, any negotiations between DNR and the state historic preservation
officer must be completed within 60 days.
DNR is not required to prepare an environmental impact statement for
proposed bulk sampling. Also, the bill requires DNR to act on any required
construction site erosion control or storm water management approval, even if DNR
has authorized a local program to issue approvals for construction site erosion
control or stormwater management.
Fees
Under current law, a person who gives notice of intent to apply for a metallic
mining permit must pay a fee established by DNR by rule designed to cover the costs
incurred by DNR in connection with the proposed mining during the year following
receipt of the proposed notice. The person must also pay fees for any approvals other
than the mining permit that are needed to conduct the mining. The law requires
DNR to annually compare the fees paid by an applicant with the costs incurred by
DNR in connection with the proposed mining. If the costs incurred by DNR exceed
the fees paid, the person must pay a fee equal to the difference.
Under this bill, an applicant is not required to pay an application or filing fee
for any approval other than a mining permit. The bill requires DNR to assess a fee
equal to its costs for evaluating a mining project or $1,100,000, whichever is less. An
applicant must pay $100,000 with the bulk sampling plan or, if no bulk sampling
plan is filed, with the notice of intent to file a mining permit application and then
must make $250,000 payments when DNR shows that the previous payments have
been fully allocated against actual costs.
Current law imposes fees on the disposal of solid waste that are called tonnage
fees or tipping fees. Under the bill, the operator of a mining waste site must pay the
groundwater fee, the environmental repair fee, and the waste facility siting board fee
but is not subject to the recycling fee.
Net proceeds occupation tax
Under current law, the state imposes a net proceeds occupation tax on the
mining of metallic minerals in this state. The tax is based, generally, on a percentage
of net income from the sale of ore or minerals after certain mining processes have
been applied to the ore or minerals.
Under current law, the revenue collected from the net proceeds occupation tax
is deposited into the investment and local impact fund. The fund is managed by the
local impact fund board. The revenue is then, generally, distributed to the counties
and municipalities in which metallic minerals are being mined.
Under the bill, 50 percent of the revenue collected from the net proceeds
occupation tax on extracting ferrous metallic minerals in this state is deposited into
the investment and local impact fund and 50 percent of the revenue is deposited into
the general fund.
Other
Shoreland and floodplain zoning
Current law prohibits locating a solid waste facility in an area that is covered
by a shoreland or floodplain zoning ordinance unless the facility is authorized under
a permit issued by DNR. This bill requires DNR to specify in the permit the
authorized location, height, or size of the facility that may be located in the area. This
bill also specifies that DNR may not prohibit a waste site, structure, building, fill, or
other development or construction activity (activity) to be located in an area that
would otherwise be prohibited under a shoreland or floodplain zoning ordinance if
the activity is authorized by DNR as part of a mining operation covered by an iron
mining permit.
Current law provides that a structure, building, fill, or development (structure)
that is placed or maintained in a floodplain in violation of a floodplain zoning
ordinance is a public nuisance and provides that any person placing or maintaining
the structure may be subject to a fine. The bill specifies that these provisions do not
apply to a structure placed or maintained as part of a mining operation covered by
an iron mining permit issued by DNR.
Local impact committees
Current law authorizes a local or tribal government likely to be substantially
affected by proposed metallic mining to establish a local impact committee for
purposes that include facilitating communications with the mining company,
reviewing and commenting on reclamation plans, and negotiating an agreement
between the local or tribal government and the mining company. The law requires
the mining company to appoint a person to be the liaison with the local impact
committee and requires the mining company to make reasonable efforts to design
and carry out mining operations in harmony with community development
objectives. Under some circumstances, a local impact committee may receive
funding from the investment and local impact fund board.
