2013 Wisconsin Act 1

1,38 Section 38. 70.395 (2) (h) 1. of the statutes is amended to read:

70.395 (2) (h) 1. Distribution shall first be made to those municipalities in which metalliferous minerals are extracted or were extracted within 3 years previous to December 31 of the current year, or in which a permit has been issued under s. 293.49 or 295.58 to commence mining;

1,39 Section 39. 70.395 (2) (hg) of the statutes is amended to read:

70.395 (2) (hg) The board shall, by rule, establish fiscal guidelines and accounting procedures for the use of payments under pars. (d), (f), (fm) and (g), sub. (3) and s. ss. 293.65 (5) and 295.61 (9).

1,40 Section 40. 70.395 (2) (hr) of the statutes is amended to read:

70.395 (2) (hr) The board shall, by rule, establish procedures to recoup payments made, and to withhold payments to be made, under pars. (d), (f), (fm) and (g), sub. (3) and s. ss. 293.65 (5) and 295.61 (9) for noncompliance with this section or rules adopted under this section.

1,41 Section 41. 70.395 (2) (hw) of the statutes is amended to read:

70.395 (2) (hw) A recipient of a discretionary payment under par. (f) or (g), sub. (3) or s. ss. 293.65 (5) and 295.61 (9) or any payment under par. (d) that is restricted to mining-related purposes who uses the payment for attorney fees may do so only for the purposes under par. (g) 6. and for processing mining-related permits or other approvals required by the municipality. The board shall recoup or withhold payments that are used or proposed to be used by the recipient for attorney fees except as authorized under this paragraph. The board may not limit the hourly rate of attorney fees for which the recipient uses the payment to a level below the hourly rate that is commonly charged for similar services.

1,41m Section 41m. 77.105 of the statutes is created to read:

77.105 Ferrous mining. (1) The department may not issue an order of withdrawal under s. 77.10 (1) based on the cutting of timber or other forest crops or other activities on forest cropland if all of the following requirements are met:

(a) The cutting or activity is necessary to engage in bulk sampling, as defined in s. 295.41 (7).

(b) The area that will be affected by the cutting or the activity does not exceed 5 acres.

(c) A bulk sampling plan has been filed with the department under s. 295.45 and all approvals that are required for bulk sampling have been issued by the department.

(d) The revegetation plan that is part of the bulk sampling plan described under par. (c) includes forestry practices that will ensure that the timber, forest crops, and other vegetation that will be cut or otherwise affected will be restored to the greatest extent possible.

(2) The requirement under sub. (1) (d) does not apply to forest cropland that is within a mining site described in a preapplication notification under s. 295.465 or in an application for a ferrous mining permit under s. 295.58.

1,41q Section 41q. 77.883 of the statutes is created to read:

77.883 Ferrous mining. (1) The department may not issue an order of withdrawal under s. 77.88 (1) based on the cutting of timber or other activities on managed forest land if all of the following requirements are met:

(a) The cutting or activity is necessary to engage in bulk sampling, as defined in s. 295.41 (7).

(b) The area that will be affected by the cutting or the activity does not exceed 5 acres.

(c) A bulk sampling plan has been filed with the department under s. 295.45 and all approvals that are required for bulk sampling have been issued by the department.

(d) The revegetation plan that is part of the bulk sampling plan described under par. (c) includes forestry practices that will ensure that the merchantable timber and other vegetation that will be cut or otherwise affected will be restored to the greatest extent possible.

(2) The requirement under sub. (1) (d) does not apply to managed forest land that is within a mining site described in a preapplication notification under s. 295.465 or in an application for a mining permit under s. 295.58.

(3) Section 77.86 (1) (c) and (d) do not apply to cutting of timber or another activity on managed forest land if all of the requirements in sub. (1) (a) to (d) are met.

1,42 Section 42. 87.30 (2) of the statutes is renumbered 87.30 (2) (a) and amended to read:

87.30 (2) (a) Every Except as provided in par. (b), every structure, building, fill, or development placed or maintained within any floodplain in violation of a zoning ordinance adopted under this section, or s. 59.69, 61.35 or 62.23 is a public nuisance and the creation thereof may be enjoined and maintenance thereof may be abated by action at suit of any municipality, the state or any citizen thereof. Any person who places or maintains any structure, building, fill or development within any floodplain in violation of a zoning ordinance adopted under this section, or s. 59.69, 61.35 or 62.23 may be fined not more than $50 for each offense. Each day during which such violation exists is a separate offense.

1,43 Section 43. 87.30 (2) (b) of the statutes is created to read:

87.30 (2) (b) Paragraph (a) does not apply to a structure, building, fill, or development placed or maintained as part of a mining operation covered by a mining permit under s. 295.58 except to the extent that regulation of the placement or maintenance of the structure, building, fill, or development is required for compliance with a floodplain zoning ordinance as provided under s. 295.607 (3).

1,44 Section 44. 107.001 (1) of the statutes is amended to read:

107.001 (1) "Exploration mining lease" means any lease, option to lease, option to purchase or similar conveyance entered into for the purpose of determining the presence, location, quality or quantity of metalliferous nonferrous metallic minerals or for the purpose of mining, developing or extracting metalliferous nonferrous metallic minerals, or both under ch. 293. Any lease, option to lease, option to purchase or similar conveyance entered into by a mining company is rebuttably presumed to be an exploration mining lease.

1,45 Section 45. 107.001 (2) of the statutes is repealed.

1,46 Section 46. 107.01 (intro.) of the statutes is amended to read:

107.01 Rules governing mining rights. (intro.) Where there is no contract between the parties or terms established by the landlord to the contrary the following rules and regulations shall be applied to mining contracts and leases for the digging of ores and nonferrous metallic minerals:

1,47 Section 47. 107.01 (2) of the statutes is amended to read:

107.01 (2) The discovery of a crevice or range containing ores or minerals nonferrous metallic minerals shall entitle the discoverer to the ores or minerals nonferrous metallic minerals pertaining thereto, subject to the rent due the discoverer's landlord, before as well as after the ores or minerals nonferrous metallic minerals are separated from the freehold; but such miner shall not be entitled to recover any ores or minerals nonferrous metallic minerals or the value thereof from the person digging on the miner's range in good faith and known to be mining thereon until the miner shall have given notice of the miner's claim; and the miner shall be entitled to the ores or minerals nonferrous metallic minerals dug after such notice.

1,48 Section 48. 107.02 of the statutes is amended to read:

107.02 Mining statement; penalty. When there is no agreement between the parties to any mining lease, license or permit, to mine or remove ore nonferrous metallic minerals from any lands in this state, regulating the method of reporting the amount of ore nonferrous metallic minerals taken, the person mining and removing the ore or ores nonferrous metallic minerals shall keep proper and correct books, and therefrom to make and deliver by or before the fifteenth day of each month to the lessor, owner or person entitled thereto, a detailed statement covering the operations of the preceding month. The statement shall show the total amount of tons or pounds of each kind of ore nonferrous metallic minerals produced; if sold, then to whom sold, giving the date of sale, date of delivery to any railroad company, naming the company, and the station where delivered or billed for shipment; the name and address of the purchaser; the price per ton at which sold and the total value of each kind of ore nonferrous metallic minerals so sold. The books shall be always open to any owner, lessor, licensor or stockholder, if the owner, lessor or licensor is a corporation, and to any person or stockholder interested in any such mining operations, for the purpose of inspection and taking copies thereof or abstracts therefrom. Any person and every officer, agent or employee of any thereof, who violates this section, or who makes any false or incomplete entries on any such books or statements, shall be fined not less than $100 or imprisoned in the county jail for not more than 3 months or both.

1,49 Section 49. 107.03 of the statutes is amended to read:

107.03 Conflicting claims. In case of conflicting claims to a crevice or range bearing ores or nonferrous metallic minerals the court may continue any action to enforce a claim or grant any necessary time for the purpose of allowing parties to prove up their mines or diggings if it satisfactorily appears necessary to the ends of justice. In such case the court or judge may appoint a receiver and provide that the mines or diggings be worked under the receiver's direction, subject to the order of the court, in such manner as best ascertains the respective rights of the parties. The ores or nonferrous metallic minerals raised by either party pending the dispute shall be delivered to the receiver, who may, by order of the court or judge, pay any rent or other necessary expenses therefrom.

1,50 Section 50. 107.04 of the statutes is amended to read:

107.04 Lessee's fraud; failure to work mine. Any miner who conceals or disposes of any ores or nonferrous metallic minerals or mines or diggings for the purpose of defrauding the lessor of rent or who neglects to pay any rent on ores or nonferrous metallic minerals raised by the miner for 3 days after the notice thereof and claim of the rent, shall forfeit all right to his or her mines, diggings or range; and the landlord after the concealment or after 3 days have expired from the time of demanding rent, may proceed against the miner to recover possession of the mines or diggings in circuit court as in the case of a tenant holding over after the termination of the lease. If a miner neglects to work his or her mines or diggings according to the usages of miners, without reasonable excuse, he or she shall likewise forfeit the mines or diggings and the landlord may proceed against the miner in like manner to recover possession of the mines or diggings.

1,51 Section 51. 107.11 of the statutes is amended to read:

107.11 Account of ore nonferrous metallic minerals received. Every person operating a metal recovery system and every purchaser of ores and nonferrous metallic minerals shall keep a substantially bound book, ruled into suitable columns, in which shall be entered from day to day, as ores or nonferrous metallic minerals are received, the following items: the day, month and year when received; the name of the person from whom purchased; the name of the person by whom hauled and delivered; name of the owner of the land from which the ores or nonferrous metallic minerals were obtained, or if not known, the name of the diggings or some distinct description of the land. The bound book shall be kept at the furnace or at the usual place of business of such person or purchaser or his or her agent in this state, and shall be open to authorized representatives of the department of revenue at reasonable times for inspection and taking extracts.

1,52 Section 52. 107.12 of the statutes is amended to read:

107.12 Penalty. If any person operating a metal recovery system or purchaser of ores and nonferrous metallic minerals or the agent of any such person or purchaser doing business fails to keep such a book or to make such entries as required under s. 107.11 or unreasonably refuses to show the book for inspection or taking extracts or makes false entries in the book he or she shall forfeit $10 for each offense, one-half to the use of the prosecutor; and each day such failure or refusal continues shall be deemed a distinct and separate offense.

1,53 Section 53. 107.20 (1) of the statutes is amended to read:

107.20 (1) Any provision of an exploration mining lease entered into after April 25, 1978, granting an option or right to determine the presence, location, quality or quantity of metalliferous nonferrous metallic minerals shall be limited to a term not exceeding 10 years from the date on which the exploration mining lease is recorded in the office of the register of deeds of the county where the property is located, except that any provision of an exploration mining lease entered into after April 25, 1978, granting an option or right to determine the quality and quantity of metalliferous nonferrous metallic minerals under a prospecting permit shall be limited to a term not exceeding 10 years from the date that the lessee applies for a prospecting permit under s. 293.35, if the lessee applies for the prospecting permit within 10 years from the date on which the exploration mining lease is recorded in the office of the register of deeds of the county where the property is located.

1,54 Section 54. 107.20 (2) of the statutes is amended to read:

107.20 (2) Any provision of an exploration mining lease entered into after April 25, 1978, granting an option or right to develop or extract metalliferous nonferrous metallic minerals shall be limited to a term not exceeding 50 years from the date on which the exploration mining lease is recorded in the office of the register of deeds of the county where the property is located.

1,55 Section 55. 107.30 (8) of the statutes is amended to read:

107.30 (8) "Mining" or "mining operation" has the meaning set forth in s. 293.01 (9) means all or part of the process involved in the mining of metallic minerals, other than for exploration or prospecting, including commercial extraction, agglomeration, beneficiation, construction of roads, removal of overburden, and the production of refuse.

1,56 Section 56. 107.30 (15) of the statutes is amended to read:

107.30 (15) "Prospecting" has the meaning set forth in s. 293.01 (18) means engaging in the examination of an area for the purpose of determining the quality and quantity of minerals, other than for exploration but including the obtaining of an ore sample, by such physical means as excavating, trenching, construction of shafts, ramps, and tunnels and other means, other than for exploration, which the department of natural resources, by rule, identifies, and the production of prospecting refuse and other associated activities. "Prospecting" does not include such activities when the activities are, by themselves, intended for and capable of commercial exploitation of the underlying ore body. The fact that prospecting activities and construction may have use ultimately in mining, if approved, does not mean that prospecting activities and construction constitute mining within the meaning of sub. (8), provided such activities and construction are reasonably related to prospecting requirements.

1,57 Section 57. 107.30 (16) of the statutes is amended to read:

107.30 (16) "Prospecting site" has the meaning set forth in s. 293.01 (21) means the lands on which prospecting is actually conducted as well as those lands on which physical disturbance will occur as a result of such activity.

1,58 Section 58. 160.19 (12) of the statutes is amended to read:

160.19 (12) The requirements in this section shall not apply to rules governing an activity regulated under ch. 293 or subch. III of ch. 295, or to a solid waste facility regulated under subch. III of ch. 289 which is part of an activity regulated under ch. 293 or subch. III of ch. 295, except that the department may promulgate new rules or amend rules governing this type of activity, practice or facility if the department determines that the amendment or promulgation of rules is necessary to protect public health, safety or welfare.

1,59 Section 59. 196.491 (3) (a) 3. b. of the statutes is amended to read:

196.491 (3) (a) 3. b. Within   Except as provided under subd. 3. c., within 20 days after the department provides a listing specified in subd. 3. a. to a person, the person shall apply for the permits and approvals identified in the listing. The department shall determine whether an application under this subd. 3. b. is complete and, no later than 30 days after the application is filed, notify the applicant about the determination. If the department determines that the application is incomplete, the notice shall state the reason for the determination. An applicant may supplement and refile an application that the department has determined to be incomplete. There is no limit on the number of times that an applicant may refile an application under this subd. 3. b. If the department fails to determine whether an application is complete within 30 days after the application is filed, the application shall be considered to be complete. The department shall complete action on an application under this subd. 3. b. for any permit or approval that is required prior to construction of a facility within 120 days after the date on which the application is determined or considered to be complete.

1,60 Section 60. 196.491 (3) (a) 3. c. of the statutes is created to read:

196.491 (3) (a) 3. c. The 20-day deadline specified in subd. 3. b. for applying for the applicable permits and approvals specified in the listing provided by the department does not apply to a person proposing to construct a utility facility for ferrous mineral mining and processing activities governed by subch. III of ch. 295.

1,61 Section 61. 196.491 (4) (b) 2. of the statutes is amended to read:

196.491 (4) (b) 2. The person shows to the satisfaction of the commission that the person reasonably anticipates, at the time that construction of the equipment or facilities commences, that on each day that the equipment and facilities are in operation the person will consume no less than 70% of the aggregate kilowatt hours output from the equipment and facilities in manufacturing processes at the site where the equipment and facilities are located or in ferrous mineral mining and processing activities governed by subch. III of ch. 295 at the site where the equipment and facilities are located.

1,62 Section 62. 227.483 (3) (c) of the statutes is created to read:

227.483 (3) (c) If the proceeding relates to mining for ferrous minerals, as defined in s. 295.41 (18), that the petition, claim, or defense was commenced, used, or continued primarily for the purpose of causing delay to an activity authorized under a license that is the subject of the hearing.

1,64 Section 64. 281.36 (3g) (h) 2. of the statutes is amended to read:

281.36 (3g) (h) 2. If, within 30 days after an application under subd. 1. is received by the department, the department does not either request additional information or inform the applicant that a wetland individual permit will be required as provided in par. (i), the discharge shall be considered to be authorized under the wetland general permit and the applicant may proceed without further notice, hearing, permit, or approval if the discharge is carried out in compliance with all of the conditions of the general permit, except as provided in s. 295.60 (3) (b).

1,65 Section 65. 281.65 (2) (a) of the statutes is amended to read:

281.65 (2) (a) "Best management practices" means practices, techniques or measures, except for dredging, identified in areawide water quality management plans, which are determined to be effective means of preventing or reducing pollutants generated from nonpoint sources, or from the sediments of inland lakes polluted by nonpoint sources, to a level compatible with water quality objectives established under this section and which do not have an adverse impact on fish and wildlife habitat. The practices, techniques or measures include land acquisition, storm sewer rerouting and the removal of structures necessary to install structural urban best management practices, facilities for the handling and treatment of milkhouse wastewater, repair of fences built using grants under this section and measures to prevent or reduce pollutants generated from mine tailings disposal sites for which the department has not approved a plan of operation under s. 289.30 or s. 295.51.

1,66 Section 66. 281.75 (17) (b) of the statutes is amended to read:

281.75 (17) (b) This section does not apply to contamination which is compensable under subch. II of ch. 107 or s. 293.65 (4) or 295.61 (8).

1,67 Section 67. 283.84 (3m) of the statutes is amended to read:

283.84 (3m) A person engaged in mining, as defined in s. 293.01 (9) or 295.41 (26), prospecting, as defined in s. 293.01 (18), bulk sampling, as defined in s. 295.41 (7), or nonmetallic mining, as defined in s. 295.11 (3), may not enter into an agreement under sub. (1).

1,68 Section 68. 287.13 (5) (e) of the statutes is amended to read:

287.13 (5) (e) Solid waste produced by a commercial business or industry which is disposed of or held for disposal in an approved facility, as defined under s. 289.01 (3), or a mining waste site, as defined in s. 295.41 (31), covered by a mining permit under s. 295.58, owned or leased by the generator or on which the generator holds an easement and designed and constructed for the purpose of accepting that type of solid waste.

1,69 Section 69. 289.35 of the statutes is amended to read:

289.35 Shoreland and floodplain zoning. Solid waste facilities are prohibited within areas under the jurisdiction of shoreland and floodplain zoning regulations adopted under ss. 59.692, 61.351, 62.231 and, 87.30, and 281.31, except that the department may issue permits authorizing facilities in such areas. If the department issues a permit under this section, the permit shall specify the location, height, and size of the solid waste facility authorized under the permit.

1,70 Section 70. 289.62 (2) (g) 2. and 6. of the statutes are amended to read:

289.62 (2) (g) 2. For nonhazardous tailing solids or for nonacid producing taconite tailing solids, 0.2 cent per ton.

6. For nonhazardous waste rock or for nonacid producing taconite waste rock, 0.1 cent per ton.

1,71 Section 71. 292.01 (1m) of the statutes is amended to read:

292.01 (1m) "Approved mining facility" has the meaning given in s. 289.01 (4) and includes a mining waste site, as defined in s. 295.41 (31).

1,72 Section 72. Chapter 293 (title) of the statutes is amended to read:

CHAPTER 293

nonferrous METALLIC MINING

1,73 Section 73. 293.01 (5) of the statutes is amended to read:

293.01 (5) "Mineral exploration" or "exploration", unless the context requires otherwise, means the on-site geologic examination from the surface of an area by core, rotary, percussion or other drilling, where the diameter of the hole does not exceed 18 inches, for the purpose of searching for nonferrous metallic minerals or establishing the nature of a known nonferrous metallic mineral deposit, and includes associated activities such as clearing and preparing sites or constructing roads for drilling.

1,74 Section 74. 293.01 (7) of the statutes is amended to read:

293.01 (7) "Merchantable by-product" means all waste soil, rock, mineral, liquid, vegetation and other material directly resulting from or displaced by the mining, cleaning or preparation of nonferrous metallic minerals during mining operations which are determined by the department to be marketable upon a showing of marketability made by the operator, accompanied by a verified statement by the operator of his or her intent to sell such material within 3 years from the time it results from or is displaced by mining. If after 3 years from the time merchantable by-product results from or is displaced by mining such material has not been transported off the mining site, it shall be considered and regulated as refuse unless removal is continuing at a rate of more than 12,000 cubic yards per year.

1,75 Section 75. 293.01 (8) of the statutes is repealed.