AB1-ASA1,160,2322
1. Nature, thickness, and permeability of unconsolidated materials, including
23topography.
AB1-ASA1,160,2424
2. Nature and permeability of bedrock.
AB1-ASA1,160,2525
3. Groundwater depth, flow direction, and velocity.
AB1-ASA1,161,1
14. Waste volume, type, and characteristics.
AB1-ASA1,161,22
5. Contaminant mobility.
AB1-ASA1,161,33
6. Distances to the property boundary and surface waters.
AB1-ASA1,161,44
7. Engineering design of the facility.
AB1-ASA1,161,55
8. Life span of the facility.
AB1-ASA1,161,66
9. Present and anticipated uses of land and groundwater.
AB1-ASA1,161,77
10. Potential abatement options if an enforcement standard is exceeded.
AB1-ASA1,161,128
(c) Notwithstanding the rule-making authority in s. 160.21 (2), for the
9purposes of ch. 160, the vertical distance to the boundary of the design management
10zone for a mining site, including any mining waste site, extends no deeper than 1,000
11feet into the Precambrian bedrock or than the final depth of the mining excavation,
12whichever is greater.
AB1-ASA1,161,1513
(d) An operator shall monitor groundwater quality at locations approved by the
14department along the boundary of the design management zone and within the
15design management zone.
AB1-ASA1,161,24
16(3) Point of standards application. (a) Any point at which groundwater is
17monitored is a point of standards application to determine whether a preventive
18action limit or an alternative concentration limit to a preventive action limit has been
19attained or exceeded for an activity regulated under a mining permit or another
20approval related to the mining operation. Any of the following is a point of standards
21application to determine whether an enforcement standard or an alternative
22concentration limit to an enforcement standard has been attained or exceeded for an
23activity regulated under a mining permit or another approval related to the mining
24operation:
AB1-ASA1,161,2525
1. Any point of present groundwater use.
AB1-ASA1,162,2
12. Any point beyond the boundary of the property on which the activity is
2conducted, subject to par. (b).
AB1-ASA1,162,43
3. Any point that is within the boundary of the property on which the activity
4is conducted but is beyond the design management zone, subject to par. (b).
AB1-ASA1,162,75
(b) No point at a depth of greater than 1,000 feet into the Precambrian bedrock
6or than the final depth of the mining excavation, whichever is greater, is a point of
7standards application under this subsection.
AB1-ASA1,162,98
(c) Section 160.21 (2) does not apply to an activity regulated under this
9subchapter.
AB1-ASA1,162,15
10(4) Change in groundwater quality. If the analysis of samples collected
11through monitoring indicates that the quality of groundwater is statistically
12significantly different from either baseline water quality or background water
13quality and the evaluation of the data shows a reasonable probability that without
14intervention groundwater quality standards or alternative concentration limits will
15be attained or exceeded, the operator shall do all of the following:
AB1-ASA1,162,1716
(a) Notify the department within 10 days after the operator receives the results
17of the analysis of the samples.
AB1-ASA1,162,1918
(b) Determine, if possible, the cause of the difference in water quality, such as
19a spill, a design failure, or an improper operational procedure.
AB1-ASA1,162,2120
(c) Determine the extent of groundwater contamination or the potential for
21groundwater contamination.
AB1-ASA1,162,2222
(d) Implement the applicable portions of the approved contingency plan.
AB1-ASA1,163,17
23(5) Response concerning preventive action limits. In accordance with s. NR
24140.24 (1) to (5), Wis. Adm. Code, the department shall evaluate the range of
25responses proposed by the operator when a preventive action limit or an alternative
1concentration limit to a preventive action limit is attained or exceeded and the
2analysis of samples indicates that the quality of groundwater is statistically
3significantly different from either baseline water quality or background water
4quality at a point of standards application. In designating the appropriate response,
5the department shall evaluate the operator's proposed range of responses, including
6any alternate responses to those identified in s. NR 140.24, Wis. Adm. Code. For any
7alternate responses, the department shall consider the technical and economic
8feasibility of alternate responses, the practicality of stopping the further release of
9the substance, and the risks and benefits of continued mining operations. The
10department shall designate the appropriate response, except that, notwithstanding
11s. 160.21 (3) and the rule-making authority under s. 160.21 (1), the department may
12not prohibit a practice or activity or require closure and abandonment of a mining
13waste site, including any wastewater and sludge storage or treatment lagoon, unless
14it has followed the procedures in s. 295.78 and satisfies the requirements of s. 160.23
15(4) and (6). The department may determine that no response is necessary and that
16an exemption is not required when the requirements of s. NR 140.24 (5) (a) or (b), Wis.
17Adm. Code are met.
AB1-ASA1,164,7
18(6) Response concerning enforcement standards. (a) In accordance with s.
19NR 140.26 (1) and (2), Wis. Adm. Code, the department shall evaluate the range of
20responses proposed by the operator based on the responses listed in Table 6 of s. NR
21140.26, Wis. Adm. Code, when an enforcement standard or an alternative
22concentration limit to an enforcement standard is attained or exceeded and the
23analysis of samples indicates that the quality of groundwater is statistically
24significantly different from either baseline water quality or background water
25quality at a point of standards application. In designating the appropriate response,
1the department shall evaluate the operator's proposed range of responses against
2those identified in Table 6 of s. NR 140.26, Wis. Adm. Code. The department shall
3designate the appropriate response, except that, notwithstanding ss. 160.21 (3) and
4160.25 (1) (a) and the rule-making authority under s. 160.21 (1), the department may
5not prohibit a practice or activity or require closure and abandonment of a mining
6waste site, including any wastewater and sludge storage or treatment lagoon, unless
7it has followed the procedures in s. 295.78 and all of the following apply:
AB1-ASA1,164,88
1. The department bases its decision upon reliable test data.
AB1-ASA1,164,119
2. The department determines, to a reasonable certainty, by the greater weight
10of the credible evidence, that no other remedial action would prevent the violation
11of the enforcement standard at the point of standards application.
AB1-ASA1,164,1312
3. The department establishes the basis for the boundary and duration of the
13prohibition.
AB1-ASA1,164,1614
4. The department ensures that any prohibition imposed is reasonably related
15in time and scope to maintaining compliance with the enforcement standard at the
16point of standards application.
AB1-ASA1,164,2417
5. If the substance involved is naturally occurring, unless the substance
18involved is carcinogenic, teratogenic, or mutagenic in humans, the department
19considers the existence of the background concentration of the substance in
20evaluating response options to the noncompliance with the enforcement standard or
21alternative concentration limit for that substance and determines that the proposed
22prohibition will result in the protection of or substantial improvement in
23groundwater quality notwithstanding the background concentrations of the
24substance.
AB1-ASA1,165,6
1(b) The department may only require a remedial action to be taken if the
2remedial action is reasonably related in time and scope to the substance, activity, or
3practice that caused the enforcement standard or alternative concentration limit to
4an enforcement standard to be attained or exceeded and the quality of groundwater
5to be statistically significantly different from either baseline water quality or
6background water quality at the point of standards application.
AB1-ASA1,165,187
(c) If nitrates or any substance of welfare concern attains or exceeds an
8enforcement standard and if the analysis of samples indicates that the quality of
9groundwater is statistically significantly different from either baseline or
10background water quality, then the department shall evaluate whether the
11enforcement standard was attained or exceeded in whole or in part due to high
12background water quality concentrations of the substance and whether the
13additional concentrations represent a public welfare concern before it designates the
14appropriate response and, notwithstanding ss. 160.21 (3) and 160.25 (1) (a) and the
15rule-making authority under s. 160.21 (1), the department may not prohibit a
16practice or activity or require closure and abandonment of a mining waste site,
17including any wastewater and sludge storage or treatment lagoon, unless it has
18followed the procedures in s. 295.78 and par. (a) 1. to 4. apply.
AB1-ASA1,165,2019
(d) If compliance with an enforcement standard is achieved at a point of
20standards application, then sub. (5) applies.
AB1-ASA1,166,3
21(6m) Mandatory intervention boundary for mining waste site and mine. (a)
22Except as provided under par. (am), the horizontal distance to the mandatory
23intervention boundary for a mining waste site is 300 feet from the outer waste
24boundary or the outer edge of the excavation, unless the boundary of the design
25management zone is within 600 feet of the outer waste boundary or the outer edge
1of the excavation, in which case the mandatory intervention boundary is one-half
2the distance from the outer waste boundary or the outer edge of the excavation to the
3boundary of the design management zone.
AB1-ASA1,166,74
(am) The department may reduce the mandatory intervention boundary under
5par. (a) by a horizontal distance of up to 150 feet if the department determines that
6the reduction is necessary to adequately identify and respond to potential
7groundwater quality issues.
AB1-ASA1,166,138
(b) An operator shall monitor groundwater quality at locations approved by the
9department along the mandatory intervention boundary, except for any portion of
10the mandatory intervention boundary that is within another mandatory
11intervention boundary, and within the mandatory intervention boundary. When
12approving locations for monitoring, the department shall ensure that duplicative
13monitoring is not required within overlapping mandatory intervention boundaries.
AB1-ASA1,166,1714
(c) 1. Notwithstanding sub. (5), if a preventive action limit or an enforcement
15standard has been exceeded beyond the mandatory intervention boundary, the
16department shall require a response in accordance with s. NR 140.24, Wis. Adm.
17Code, except that s. NR 140.24 (5), Wis. Adm. Code, does not apply.
AB1-ASA1,166,2418
2. If sampling results indicate that an enforcement standard or a preventive
19action limit has been exceeded within, but not beyond, the mandatory intervention
20boundary and a comparison of sampling results to the results of modeling indicates
21that the sampling results are consistent with the design and expected performance
22of the mining waste site, the operator may recommend a no response action, and the
23department may approve a no response action if that is authorized under s. NR
24140.24 (5), Wis. Adm. Code.
AB1-ASA1,167,2
1(7) Environmental analysis not required. An action under sub. (5) or (6) with
2respect to a specific site does not constitute a major state action under s. 1.11 (2).
AB1-ASA1,167,6
3(8) Exemptions to groundwater quality standards. When issuing or
4modifying a mining permit or issuing or reissuing any other approval, the
5department may grant an exemption from a groundwater quality standard and
6establish an alternative concentration limit to a groundwater quality standard.
AB1-ASA1,167,9
7(9) Applicability of other law. Chapter NR 140, Wis Adm. Code, applies to
8mining operations and mining sites, including mining waste sites, only to the extent
9that it does not conflict with this section.
AB1-ASA1,167,15
10295.65 Successors. (1) When one operator succeeds to the interest of another
11in an uncompleted mining operation by sale, assignment, lease, or otherwise, the
12department shall release the first operator from the duties imposed upon the first
13operator by this subchapter as to the mining operation and transfer the mining
14permit and any approvals under ss. 295.60, 295.605, and 295.61 to the successor
15operator if all of the following apply:
AB1-ASA1,167,1716
(a) The successor operator agrees to comply with the requirements of this
17subchapter.
AB1-ASA1,167,2118
(b) The successor operator discloses whether it has forfeited any performance
19security because of noncompliance with any mining laws within the previous 10
20years, posts any bond or other security required under s. 295.59, and assumes all
21responsibilities of all applicable approvals granted to the predecessor operator.
AB1-ASA1,167,23
22(2) The department is not required to prepare an environmental impact
23statement or an environmental assessment for the purposes of this section.
AB1-ASA1,168,13
24295.66 Cessation of mining or reclamation. If there is a cessation of
25mining or reclamation for 30 days or more that is not set forth in either the mining
1plan or the reclamation plan, the operator shall notify the department of the
2cessation within 48 hours of the cessation of mining and shall begin stabilization of
3the mining site. The department may require the operator to provide technical,
4engineering, and any other information that the operator believes shows that its
5actions to stabilize the mining site are adequate. If the department determines, after
6reviewing the information provided by the operator, that the proposed stabilization
7of the mining site will result in a substantial adverse impact to the environment, the
8department shall order the operator to begin additional measures to protect the
9environment, including, if the cessation is reasonably anticipated to extend for a
10protracted period of time, reclamation according to the reclamation plan or part of
11the reclamation plan. Usual and regular shutdown of operations on weekends, for
12maintenance or repair of equipment or facilities, or for other customary reasons do
13not constitute a cessation of mining.
AB1-ASA1,168,17
14295.67 Determination of abandonment of mining. (1) Except as provided
15in sub. (2), abandonment of mining occurs if there is a cessation of mining, not set
16forth in an operator's mining plan or reclamation plan or by any other sufficient
17written or constructive notice, extending for more than 6 consecutive months.
AB1-ASA1,168,18
18(2) Abandonment of mining does not occur if all of the following apply:
AB1-ASA1,168,2019
(a) The cessation of mining is due either to labor strikes or to unforeseen
20developments such as adverse market conditions.
AB1-ASA1,168,2221
(b) The cessation of mining does not continue beyond the time, not to exceed
225 years, specified by the department.
AB1-ASA1,168,2423
(c) The mining site is maintained in an environmentally stable manner during
24the cessation of mining.
AB1-ASA1,169,2
1(d) The reclamation of the mining site continues according to the reclamation
2plan during the cessation of mining to the extent practicable.
AB1-ASA1,169,12
3295.68 Certificates of completion and release of security. (1) Upon the
4petition of the operator, but not less than 4 years after notification to the department
5by the operator of the completion of the reclamation plan or not less than one year
6after notification to the department by the operator of the completion of the
7reclamation plan as to a portion of the mining site, if the department finds that the
8operator has completed reclamation of any portion of the mining site in accordance
9with the reclamation plan and this subchapter, the department shall issue a
10certificate of completion setting forth a description of the area reclaimed and a
11statement that the operator has fulfilled its duties under the reclamation plan as to
12that area.
AB1-ASA1,169,18
13(2) Upon the issuance of any certificate of completion under sub. (1) for any
14portion of the mining site, but not for the entire mining site, the department shall
15allow the operator to reduce the amount of the bond or other security provided under
16s. 295.59 (1) to an amount equal to the estimated cost of reclamation of the portion
17of the mining site that is disturbed or for which reclamation has been completed but
18no certificate of completion has been issued.
AB1-ASA1,169,24
19(3) Upon issuance of a certificate or certificates of completion of reclamation
20for the entire mining site, the department shall require the operator to maintain a
21bond or other security under s. 295.59 (1) equal to at least 10 percent of the cost to
22the state of reclamation of the entire mining site, except that if the mining site in the
23mining plan is less than 10 acres, the department may release the bond or other
24security after issuance of the certificate of completion for the entire mining site.
AB1-ASA1,170,4
1(4) After 10 years after the issuance of a certificate or certificates of completion
2for the entire mining site, the department shall release the remaining bond or other
3security provided under s. 295.59 (1) if the department finds that the reclamation
4plan has been complied with.
AB1-ASA1,170,19
5295.69 Termination of proof of financial responsibility for long-term
6care of mining waste site. (1) One year after closure, and annually thereafter
7until the department terminates the obligation to maintain proof of financial
8responsibility for long-term care of a mining waste site under sub. (2) (c), an operator
9who has carried out all necessary long-term care during the preceding year, may
10apply to the department for a reduction in the amount of the proof of financial
11responsibility provided under s. 295.59 (2m) equal to the costs of long-term care for
12that year. The operator shall provide an itemized list of costs incurred. If the
13department determines that the costs incurred are in accordance with the long-term
14care requirements in the approved waste site feasibility study and plan of operation
15and that adequate funds exist to complete required long-term care for the remainder
16of the 40-year period on which the amount of the proof of financial responsibility was
17originally determined, the department shall authorize in writing a reduction in the
18amount of proof of financial responsibility provided. The department shall make its
19determinations within 90 days of an application.
AB1-ASA1,171,4
20(2) (a) An operator may apply to the department for termination of its
21obligation to maintain proof of financial responsibility for long-term care of the
22mining waste site under s. 295.59 (2m) at any time after the mining waste site has
23been closed for 20 years by submitting an application that demonstrates that
24continuation of the obligation to maintain proof of financial responsibility for
25long-term care is not necessary for adequate protection of public health or the
1environment. The burden is on the operator to prove by a preponderance of the
2evidence that continuation of the obligation to maintain proof of financial
3responsibility for long-term care is not necessary for adequate protection of public
4health or the environment.
AB1-ASA1,171,165
(b) Within 30 days of receiving an application under par. (a), the department
6shall provide notice to the public of the application for termination of the obligation
7to maintain proof of financial responsibility for long-term care. In the notice, the
8department shall invite the submission of written comments by any person on the
9application within 30 days of the date of the publication of the notice. The
10department shall provide the notice by publishing a class 1 notice under ch. 985 in
11the official newspaper designated under s. 985.04 or 985.05 or, if none exists, in a
12newspaper likely to give notice in the area of the mining waste site, and shall publish
13notice on the department's Internet site. The date on which the department first
14publishes the notice on its Internet site shall be considered the date of the publication
15of the notice required to be published under this paragraph. The department shall
16also send the notice to the operator.
AB1-ASA1,171,2417
(c) Within 120 days of the date of the publication of the notice under par. (b),
18the department shall determine either that proof of financial responsibility for
19long-term care of the mining waste site is no longer required, in which case the
20applicant is relieved of the responsibility of providing proof of financial responsibility
21for long-term care, or that proof of financial responsibility for long-term care of the
22mining waste site is still required, in which case the applicant may not submit
23another application under par. (a) until at least 5 years have elapsed since the
24previous application.
AB1-ASA1,172,10
1295.695 Inspections by the department. (1) Any duly authorized officer,
2employee, or representative of the department who has received the safety training
3under
30 CFR 48.31 may enter and inspect any property, premises, or place on or at
4which any mining operation or facility is located or is being constructed or installed
5at any reasonable time for the purpose of ascertaining the state of compliance with
6this subchapter and the provisions of chs. 281, 283, 285, 289, 291, 292, and 299 and
7rules promulgated under those chapters that are applicable to the mining operation.
8No person may refuse entry or access to any authorized representative of the
9department who requests entry for purposes of inspection, and who presents
10appropriate credentials.
AB1-ASA1,172,12
11(2) No person may obstruct, hamper, or interfere with any inspection
12authorized in sub. (1).
AB1-ASA1,172,15
13(3) The department shall furnish to the operator a written report on any
14inspection setting forth all observations, relevant information, and data that relate
15to compliance status.
AB1-ASA1,172,19
16295.73 Fees. (1) (a) Except as provided in par. (b), an applicant for a mining
17permit is not required to pay any application or filing fee for any approval other than
18a mining permit, notwithstanding any fee required under ch. 23, 29, 30, 31, 169, 281,
19283, 285, 289, or 291, or rules promulgated under those chapters.
AB1-ASA1,172,2120
(b) An applicant for a mining permit shall pay any fee required under s. 281.343
21(3) (c) 1.
AB1-ASA1,173,2
22(3) (a) The department shall assess an applicant a fee equal to its costs, other
23than costs of a contract under par. (d), for evaluating the mining project, including
24the costs for consultants retained by the department to evaluate the application for
1the mining permit and the application for any other approval, or $2,000,000,
2whichever is less.
AB1-ASA1,173,33
(b) The applicant shall pay the fees under par. (a) as follows:
AB1-ASA1,173,64
1. One hundred thousand dollars shall be paid at the time that the bulk
5sampling plan is filed under s. 295.45 or at the time that the notice of the intention
6to file a mining permit application is filed, whichever is first.
AB1-ASA1,173,97
2. Two hundred fifty thousand dollars when the department provides cost
8information demonstrating that the payment under subd. 1. has been fully allocated
9against actual costs.
AB1-ASA1,173,1210
3. Two hundred fifty thousand dollars when the department provides cost
11information demonstrating that the payment under subd. 2. has been fully allocated
12against actual costs.
AB1-ASA1,173,1513
4. Two hundred fifty thousand dollars when the department provides cost
14information demonstrating that the payment under subd. 3. has been fully allocated
15against actual costs.
AB1-ASA1,173,1816
5. Two hundred fifty thousand dollars when the department provides cost
17information demonstrating that the payment under subd. 4. has been fully allocated
18against actual costs.
AB1-ASA1,173,2119
6. Two hundred fifty thousand dollars when the department provides cost
20information demonstrating that the payment under subd. 5. has been fully allocated
21against actual costs.
AB1-ASA1,173,2422
7. Two hundred fifty thousand dollars when the department provides cost
23information demonstrating that the payment under subd. 6. has been fully allocated
24against actual costs.
AB1-ASA1,174,3
18. Two hundred fifty thousand dollars when the department provides cost
2information demonstrating that the payment under subd. 7. has been fully allocated
3against actual costs.
AB1-ASA1,174,64
9. One hundred fifty thousand dollars when the department provides cost
5information demonstrating that the payment under subd. 8. has been fully allocated
6against actual costs.
AB1-ASA1,174,117
(c) After the department approves or denies the application for a mining permit
8or, if the applicant withdraws the application for a mining permit, after the applicant
9withdraws the application, the department shall refund to the applicant any amount
10paid by the applicant under par. (a) but not fully allocated against the department's
11actual costs.
AB1-ASA1,174,1512
(d) In addition to the fees under par. (a), if the department contracts under s.
13295.53 (1) with a consultant to assist in preparation of an environmental impact
14statement and awards the contract on the basis of competitive bids, the applicant
15shall pay the full costs as provided in the contract.
AB1-ASA1,174,1816
(e) In addition to the fees under par. (a), the department may assess an
17applicant a fee equal to the department's costs in providing wetland determinations
18and wetland boundary delineations under s. 295.60 (2).
AB1-ASA1,174,21
19(4) Subchapter VI of ch. 289 does not apply to mining waste disposed of in a
20mining waste site covered by a mining permit, except that an operator shall pay the
21fees specified in ss. 289.63 (4), 289.64 (3), and 289.67 (1) (d).
AB1-ASA1,174,25
22295.75 Effect of other laws. (1) Except as provided in sub. (2), if there is a
23conflict between a provision in this subchapter and a provision in ch. 23, 29, 30, 31,
24160, 169, 281, 283, 285, 289, or 291 or in a rule promulgated under one of those
25chapters, the provision in this subchapter controls.
AB1-ASA1,175,2
1(2) (a) If there is a conflict between a provision in this subchapter and a
2provision in s. 281.343, the provision in s. 281.343 controls.
AB1-ASA1,175,53
(b) If there is a conflict between a provision in this subchapter and a provision
4in s. 281.346, the provision in s. 281.346 controls, except as provided in s. 295.57 (9)
5(a).
AB1-ASA1,175,10
6295.77 Review. (1) Limits on contested case hearings. No person is entitled
7to a contested case hearing on a decision by the department on an exploration license
8or an approval that is required before bulk sampling may be implemented. No person
9is entitled to a contested case hearing on a decision by the department on a mining
10permit application or any other approval, except as provided in subs. (2) and (3).
AB1-ASA1,175,20
11(2) C
ontested case hearings; after initial mining permit decision or decision
12on amended plan. (a)
Entitlement. 1. A person is entitled to a contested case hearing
13on a decision by the department related to a mining permit for a proposed mining
14operation, including a decision related to the environmental impact statement for
15the proposed mining operation, or on any decision that is related to an approval
16associated with the proposed mining operation and that is issued no later than the
17day on which the department issues its decision on the application for the mining
18permit, only if the person is entitled to a contested case hearing on the decision under
19s. 227.42 and the person requests the hearing within 30 days after the department
20issues the decision to approve or deny the application for the mining permit.
AB1-ASA1,176,421
2. A person is entitled to a contested case hearing on a decision by the
22department related to an amended mining plan, reclamation plan, or mining waste
23site feasibility study and plan of operation required under s. 295.63 (3) or to any
24amendment to an approval associated with the amended mining plan, reclamation
25plan, or mining waste site feasibility study and plan of operation only if the person
1is entitled to a contested case hearing on the decision under s. 227.42 and the person
2requests the hearing within 30 days after the department issues the decision to
3approve or deny the amended mining plan, reclamation plan, or mining waste site
4feasibility study and plan of operation.
AB1-ASA1,176,75
3. All issues raised by all persons requesting a contested case hearing in
6accordance with subd. 1. or 2. in connection with the same mining operation shall be
7considered in one contested case hearing.
AB1-ASA1,176,128
(b)
Deadline for decision. 1. The hearing examiner presiding over a contested
9case hearing under this subsection shall issue a final decision on the case no more
10than 150 days after the department issues the decision to grant or deny the mining
11permit or to approve or deny the amended mining plan, reclamation plan, or mining
12waste site feasibility study and plan of operation.
AB1-ASA1,176,1513
2. If the hearing examiner does not issue a final decision by the deadline under
14subd. 1., the decision of the department being reviewed by the hearing examiner is
15affirmed.