SB488: Bill Text

SB488,74,2 (3) Within 14 days of receipt of a bulk sampling plan, the department shall identify for the applicant, in writing, all approvals that are required before the bulk sampling may be implemented, any waivers, exemptions, or exceptions to those approvals that are potentially available, and any information that the department needs to issue the approvals or to issue a decision on any waiver, exemption, or exception. If no approvals are required, the department shall notify the applicant that no approvals are required and that the applicant may proceed with the bulk sampling.

SB488,74,6 (3e) If a storm water discharge permit under s. 283.33 (1) (a) or a water quality certification under rules promulgated under subch. II of ch. 281 to implement 33 USC 1341 (a) is required before bulk sampling may be implemented, the person filing the bulk sampling plan may apply for and be issued the permit or certification.

SB488,74,10 (3m) The department shall act on any required construction site erosion control and storm water management approval, notwithstanding any authorization by the department of a local program to administer construction site erosion control and storm water management requirements.

SB488,74,11 (3s) An applicant shall submit all of the following at the same time:

SB488,74,12 (a) Applications for individual approvals identified under sub. (3).

SB488,74,14 (b) Applications for coverage under general permits or registration permits identified under sub. (3).

SB488,74,16 (c) Applications for waivers, exemptions, or exceptions identified under sub. (3).

SB488,74,17 (d) A bond, as provided in sub. (5).

SB488,75,2 (4) (a) Notwithstanding any provision in ch. 23, 29, 30, 169, 281, 283, 285, 289, or 291 or in a rule promulgated under those chapters that is applicable to an approval identified under sub. (3), the application for any approval, for a waiver, exemption, or exception to an approval, or for a determination that the proposed bulk sampling activity is below the threshold that requires an approval, is considered to be complete on the 30th day after the department receives the application, unless, before that day, the department provides the applicant with written notification that the application is not complete, stating the reason for the determination and describing the specific information necessary to make the application complete.

SB488,75,5 (b) If the department provides a notice under par. (a), the applicant shall supplement the application by providing the specified information. The application is complete when the applicant provides the information.

SB488,75,10 (c) If the department determines that the issuance of an approval is contingent upon the issuance of a permit under s. 29.604 (6m), and if the application for the permit under s. 29.604 (6m) is filed with the approval application, the department may not determine that the approval application is incomplete on the basis that the department has not yet issued the permit under s. 29.604 (6m).

SB488,75,16 (5) (a) A person who intends to engage in bulk sampling shall submit with the bulk sampling plan a bond in the amount of $5,000 that is conditioned on faithful performance of the requirements of this section, that is issued by a surety company licensed to do business in this state, and that provides that the bond may not be canceled by the surety, except after not less than 90 days' notice to the department in writing by registered or certified mail.

SB488,75,21 (b) If the surety for a bond submitted under par. (a) issues a cancellation notice, the person who filed the bulk sampling plan shall deliver a replacement bond at least 30 days before the expiration of the 90-day notice period. If the person fails to submit a replacement bond, the person may not engage in bulk sampling until the person submits a replacement bond.

SB488,76,2 (c) If the license of the surety company for a bond submitted under par. (a) is revoked or suspended, the person who filed the bulk sampling plan, within 30 days after receiving written notice from the department, shall deliver a replacement bond. If the person fails to submit a replacement bond, the person may not engage in bulk sampling until the person submits a replacement bond.

SB488,76,6 (d) The department may require that the amount of the bond submitted under this subsection be increased at any time, if the department determines that it is unlikely that the bond would be adequate to fund the cost to this state of completing the revegetation plan.

SB488,76,10 (e) The department shall release a bond submitted under this subsection one year after the time for completing the bulk sampling and the revegetation set forth in the bulk sampling plan if the department determines that the person who engaged in bulk sampling has complied with this section.

SB488,76,18 (6) (a) If the department determines that proposed bulk sampling will have an adverse effect, as defined in s. 44.31 (1), on a historic property, as defined in s. 44.31 (3), that is a listed property, as defined in s. 44.31 (4), that is on the Wisconsin inventory of historic places, as defined in s. 44.31 (12), or that is on the list of locally designated historic places under s. 44.45, but that the applicant is taking measures to minimize that adverse effect, no notice to the state historic preservation officer under s. 44.40 (1) or negotiations between the department and state historic preservation officer under s. 44.40 (3) are required.

SB488,76,23 (b) If an adverse effect described in par. (a) cannot practicably be minimized, any negotiations between the department and state historic preservation officer shall be concluded no later than 60 days after the date on which the application for the approval that authorizes the bulk sampling activity that will have an adverse effect is considered to be complete under sub. (4).

SB488,77,3 (7) Notwithstanding any provision in ch. 23, 29, 30, 169, 281, 283, 285, 289, or 291 or a rule promulgated under those chapters applicable to an approval identified under sub. (3), all of the following apply:

SB488,77,8 (a) When considering an application for an approval identified under sub. (3), the department shall recognize the fixed location of the metallic mineral deposits, the water needs inherent in mining, and the need for mining waste sites and processing facilities, including wastewater and sludge storage or treatment lagoons, to be contiguous to the location of the ferrous mineral deposits.

SB488,77,11 (b) When issuing an approval, the department shall require the bulk sampling activity for which the approval is issued to be conducted at locations that result in the fewest overall adverse environmental impacts, to the extent practicable.

SB488,77,16 (8) In determining whether to approve or deny an application for an approval identified under sub. (3), the department shall consider the site-specific erosion control plan, the revegetation plan, and any compensation or mitigation under s. 295.60, any measures under s. 295.605, or any conservation measures under s. 295.61 that the applicant proposes to take.

SB488,77,21 (9) Notwithstanding any inconsistent period in ch. 23, 29, 30, 169, 281, 283, 285, 289, or 291 or in a rule promulgated under those chapters that is applicable to an approval identified under sub. (3), the department shall approve or deny the application within 30 days after the day on which the application is considered to be complete under sub. (4) if any of the following apply:

SB488,77,24 (a) The application is for a waiver, exemption, or exception to an approval for a bulk sampling activity or for a determination that the proposed bulk sampling activity is below the threshold that requires an approval.

SB488,78,2 (b) The application is for a determination of eligibility for coverage under a general permit or a registration permit.

SB488,78,10 (10) (a) Notwithstanding any inconsistent period in ch. 23, 29, 30, 169, 281, 283, 285, 289, or 291 or in a rule promulgated under those chapters that is applicable to an approval identified under sub. (3), the department shall approve or deny any application for an approval identified under sub. (3) to which sub. (9) does not apply within 60 days after the date on which the application is considered to be complete under sub. (4), unless the application is for an individual permit for which federal law requires the opportunity for public comment or the ability to request a public hearing prior to issuance of the approval.

SB488,78,18 (b) The department shall publish a class 1 notice, under ch. 985, that describes the availability of information concerning the activity for which an approval described in par. (a) is required, its proposed decision, its draft approval, information or summaries related to the approval, the department's analyses and preliminary determinations relating to the approval, the preapplication description under s. 295.46, any additional information that a law concerning the approval requires to be made available, and the opportunity to submit written comments within 30 days after the notice is published.

SB488,78,23 (c) In the notice under par. (b), the department shall also specify the date, time, and location of the public informational hearing. The department shall send the notice to any person to whom the department is required to give notice of any proposed determination, application, or hearing concerning an approval described in par. (a) under the laws relating to the issuance of the approval.

SB488,79,5 (d) If there is more than one approval described in par. (a), the department shall issue one notice and coordinate the public comment period for all of the approvals. If possible, the department shall coordinate the notice and the public comment period for an approval that is an individual permit for which federal law requires the opportunity for public comment or the ability to request a public hearing prior to issuance of the approval with notice and the public comment period for the approvals described in par. (a).

SB488,79,16 (e) The department shall hold a public informational hearing within 30 days after publishing the notice under par. (b). The department shall hold the public informational hearing in the county where the majority of the proposed bulk sampling site is located. If there is more than one approval described in par. (a), the department shall hold a single public informational hearing covering all of the approvals and the preapplication description under s. 295.46. If possible, the department shall include consideration of an approval that is an individual permit for which federal law requires the opportunity for public comment or the ability to request a public hearing prior to issuance of the approval in the public informational hearing under this paragraph. The public informational hearing under this paragraph is not a contested case hearing under ch. 227.

SB488,79,23 (10g) (a) If it is not possible to coordinate the public comment period and public informational hearing for an approval that is an individual permit for which federal law requires the opportunity for public comment or the ability to request a public hearing prior to issuance of the approval with the public comment period and public informational hearing under sub. (10), the department shall issue a separate public notice and hold a separate public informational hearing for the approval in accordance with the law governing the approval.

SB488,80,3 (b) The department shall approve or deny the application for an approval to which par. (a) applies within 180 days after the date on which the application is considered to be complete under sub. (4).

SB488,80,5 (10r) An approval identified under sub. (3) is issued upon mailing and is final and effective upon issuance.

SB488,80,8 (11) The department is not required to prepare an environmental impact statement or an environmental assessment for an approval required for bulk sampling.

SB488,80,16 295.46 Preapplication description. (1) A person who files a bulk sampling plan under s. 295.45 with regard to a proposed mining project shall file, together with the bulk sampling plan, a general description of the proposed mining project. A person who proposes to engage in a mining project, but who does not file a bulk sampling plan, shall file a general description of the proposed mining project with the department at the time that the person provides the notice of intent to file an application for a mining permit under s. 295.465. The general description shall include all of the following:

SB488,80,17 (a) A description of the proposed mining site.

SB488,80,18 (b) A map that shows all of the following:

SB488,80,20 1. The boundaries of the area of land that will be affected by the proposed mining project.

SB488,80,22 2. The location and names of all streams, roads, railroads, pipelines, and utility lines on or within 1,000 feet of the proposed mining site.

SB488,80,23 3. The name or names of the owner or owners of the proposed mining site.

SB488,81,3 4. The name of each city, village, or town in which the proposed mining site is located and the name of any other city, village, or town that is located within 3 miles of the proposed mining site.

SB488,81,5 5. The federal natural resources conservation service land capabilities classifications of the area affected by the proposed mining project.

SB488,81,6 6. The elevation of the water table.

SB488,81,9 (c) A general description of the nature, extent, and final configuration of the proposed excavation and mining site, including an estimate of the production of tailings, waste rock, and other refuse and the location of their disposal.

SB488,81,11 (d) A general conceptual description of the likely operating procedures of the proposed mining project.

SB488,81,13 (e) The likely location, and a general description, of the excavation, waste site, and processing facilities relating to the proposed mining project.

SB488,81,22 (2) (a) If the department provides notice to an applicant under s. 295.45 (3) that no approvals are required for bulk sampling or if a person who proposes to engage in a mining project files a preapplication description of the proposed mining project at the time that the person provides the notice of intent to file an application for a mining permit under s. 295.465 because the person did not file a bulk sampling plan, the department shall publish a class 1 notice, under ch. 985, of a public informational hearing on the proposed mining project. The department shall publish the notice when if notifies the applicant that no approvals are required or after it receives the notice of intent.

SB488,81,23 (b) In a notice under par. (a), the department shall do all of the following:

SB488,81,24 1. Describe the availability of the preapplication description.

SB488,82,2 2. Describe the opportunity to submit written comments within 30 days after the notice is published.

SB488,82,3 3. Specify the date, time, and location of the public informational hearing.

SB488,82,4 (c) The department shall send a notice under par. (a) to all of the following:

SB488,82,6 1. The clerk of any city, village, town, or county within which any part the proposed mining site lies.

SB488,82,8 2. The clerk of any city, village, or town, contiguous to any city, village, or town within which any portion of the proposed mining site is located.

SB488,82,10 3. Any regional planning commission for the area within which the affected area lies.

SB488,82,12 4. Any state agency that the department knows may be required to grant a permit or other authorization necessary for the proposed mining project.

SB488,82,13 5. Any interested person who has requested notification.

SB488,82,17 (d) The department shall hold a public informational hearing within 30 days after publishing the notice under par. (a). The department shall hold the public informational hearing in the county in which the majority of the proposed mining site is located.

SB488,82,25 295.465 Preapplication notification. (1) At least 12 months before filing an application for a mining permit under s. 295.47, a person proposing to engage in a mining project shall notify the department in writing of the intention to file an application for a mining permit. After receiving the notification, the department shall hold at least one meeting with the person to make a preliminary assessment of the project's scope, to make an analysis of alternatives, to identify potential interested persons, and to ensure that the person making the proposal is aware of all of the following:

SB488,83,2 (a) The approvals, including the filing requirements for the approvals, that the person may be required to obtain for the mining project.

SB488,83,5 (b) The requirements for submission of an environmental impact report and for submission of any other information required by the department to prepare an environmental impact statement under s. 295.53.

SB488,83,7 (c) The information the department will require to enable the department to process the application for the mining permit in a timely manner.

SB488,83,9 (2) Within 60 days of a meeting under sub. (1), the department shall provide all of the following to the person:

SB488,83,10 (a) A detailed written summary of the requirements under sub. (1) (a) to (c).

SB488,83,14 (b) Any available information relevant to the potential impacts of the mining project on rare, threatened, or endangered species and historic or cultural resources and any other information relevant to potential impacts that may occur from the project that are required to be considered under s. 1.11.

SB488,83,23 (c) Available information to evaluate the environmental impact of the project and to expedite the preparation of the environmental impact report and the environmental impact statement, including information concerning preliminary environmental reviews, field studies, and investigations; monitoring programs to establish baseline water quality; laboratory studies and investigations; advisory services; and the timing and the processes associated with any necessary consultations with other state or federal agencies and within the department, such as those required for endangered resources and cultural resource consultations and approvals.

SB488,84,13 295.47 Application for mining permit. (1) (a) No person may engage in mining or reclamation at any mining site unless the mining site is covered by a mining permit and by written authorization to mine under s. 295.59 (3). An applicant shall submit an application for a mining permit to the department in writing and in reproducible form and shall provide the number of copies that are requested by the department. An application and a mining permit are required for each separate mining site. The applicant shall distribute copies of the application to the clerk of any city, village, town, or county with zoning jurisdiction over the proposed site, to the clerk of any city, village, town, or county within whose boundaries any portion of the proposed mining site is located, to the elected governing body of any federally recognized American Indian tribe or band with a reservation the boundaries of which are within 20 miles of the proposed site, and to the main public library of each city, village, town, or county with zoning jurisdiction over the proposed site or within whose boundaries any portion of the proposed site is located.

SB488,84,17 (b) If a person proposes to conduct mining at a mining site that includes an abandoned mining site, the person shall include plans for reclamation of the abandoned mining site, or the portion of the abandoned mining site that is included in the mining site, in its mining plan and reclamation plan.

SB488,84,19 (2) As a part of each application for a mining permit, the applicant shall furnish all of the following:

SB488,84,20 (a) A mining plan under s. 295.48.

SB488,84,21 (b) A reclamation plan under s. 295.49.

SB488,84,22 (c) A mining waste site feasibility study and plan of operation under s. 295.51.

SB488,84,25 (e) The name and address of each owner of land within the mining site and each person known by the applicant to hold any option or lease on land within the mining site.

SB488,85,1 (f) A list of all mining permits in this state held by the applicant.

SB488,85,5 (g) Evidence the applicant has applied or will apply for necessary permits or other permissions under all applicable zoning ordinances and that the applicant has applied or will apply to the department for any approval and has applied or will apply for any other license or permit required under state law.

SB488,85,7 (h) 1. The information specified in subd. 2. concerning the occurrence of any of the following within 10 years before the application is submitted:

SB488,85,12 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.

SB488,85,15 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.

SB488,85,18 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.

SB488,85,22 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.

SB488,85,24 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.

SB488,86,2 (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.

SB488,86,4 (j) Any other pertinent information that the applicant believes may be useful to the department.

SB488,86,10 295.48 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:

SB488,86,11 (a) The boundaries of the area of land that will be affected.

SB488,86,12 (b) The drainage area above and below the area that will be affected.

SB488,86,14 (c) The location and names of all streams, roads, railroads, pipelines, and utility lines on or within 1,000 feet of the mining site.

SB488,86,15 (d) The name or names of the owner or owners of the mining site.

SB488,86,17 (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.