SB1-SSA1,20,4
3(7) Continuation. Hearings conducted under this section may be continued for
4just cause, subject to the deadline under sub. (8).
SB1-SSA1,20,10
5(8) Deadlines. The hearing examiner shall conclude the hearing under this
6section and complete the record of the hearing no later than the 680th day after the
7day on which the department determines that the application for the mining permit
8or prospecting permit is complete, except that if the deadline under sub. (3) (b) 1. is
9extended under sub. (3) (b) 2. to 4., the deadline under this subsection is extended
10by the same number of days.
SB1-SSA1,20,12
11(9) Applicability of other law. Chapter 227 applies to a hearing under this
12section to the extent it is not inconsistent with this section.
SB1-SSA1,36
13Section
36. 293.45 (1) and (2) of the statutes are amended to read:
SB1-SSA1,20,2414
293.45
(1) The department shall issue a prospecting permit under this section
15to an applicant
within 60 days following the date of the completion of the hearing
16record if, on the basis of the application, the department's investigation and hearing
17and any written comments, if it finds that the site is not unsuitable for prospecting
18or, absent a certification under s. 293.35 (1), surface mining, the department has
19approved the prospecting plan and the reclamation plan complies with ss. 293.13 (2)
20and 293.35 (2) and (3) and rules promulgated under ss. 293.13 (2) and 293.35 (2) and
21(3). The department may modify any part of the application or reclamation plan and
22approve it as modified. Except as otherwise provided in this chapter, prospecting
23permits shall be valid for the life of the project, unless canceled under s. 293.83 (1)
24or (3) or 293.85 or revoked under s. 293.87 (2) or (3).
SB1-SSA1,21,21
1(2) The department shall deny a prospecting permit
within 60 days following
2the date of the completion of the hearing record if it finds that the site is unsuitable
3for prospecting or, absent certification under s. 293.35 (1), surface mining, or the
4reclamation plan, including the bond, does not comply with ss. 293.13 (2) and 293.35
5(2) and (3) and rules promulgated under ss. 293.13 (2) and 293.35 (2) and (3) or that
6the applicant is in violation of this chapter or any rules adopted under this chapter.
7If the applicant has previously failed and continues to fail to comply with this
8chapter, or if the applicant has within the previous 20 years forfeited any bond posted
9in accordance with prospecting or mining activities in this state, unless by mutual
10agreement with the state, the department may not issue a prospecting permit. The
11department may not issue a prospecting permit if it finds that any officer, director
12or manager of the applicant has, while employed by the applicant, the applicant's
13parent corporation, any of the applicant's principal shareholders or members, or any
14of the applicant's subsidiaries or affiliates, in which the applicant owns more than
15a 40% interest, within the previous 20 years forfeited any bond posted in accordance
16with prospecting or mining activities in this state unless by mutual agreement with
17the state. In this subsection, "forfeited any bond" means the forfeiture of any
18performance security occasioned by noncompliance with any prospecting or mining
19laws or implementing rules. If an application for a prospecting permit is denied, the
20department, within 30 days from the date of application denial, shall furnish to the
21applicant in writing the reasons for the denial.
SB1-SSA1,37
22Section
37. 293.45 (2m) of the statutes is created to read:
SB1-SSA1,22,523
293.45
(2m) The department shall approve or deny the application for a
24prospecting permit, other than a prospecting permit to which s. 293.42 applies, and
25for any other approval, license, or permit that was covered by the informational
1hearing under s. 293.43 (1m), after any contested case hearing under s. 293.44 and
2no later than the 730th day after the day on which the department determines that
3the application for the prospecting permit is complete, except that if the deadline
4under s. 293.44 (3) (b) 1. is extended under s. 293.44 (3) (b) 2. to 4., the deadline under
5this subsection is extended by the same number of days.
SB1-SSA1,38
6Section
38. 293.49 (1) (a) (intro.) of the statutes is amended to read:
SB1-SSA1,22,97
293.49
(1) (a) (intro.) Except as provided in sub. (2) and s. 293.50 and except
8with respect to property specified in s. 41.41 (11),
within 90 days of the completion
9of the public hearing record, the department shall issue the mining permit if it finds:
SB1-SSA1,39
10Section
39. 293.49 (1) (a) 3. of the statutes is amended to read:
SB1-SSA1,22,1811
293.49
(1) (a) 3. In the case of a surface mine, the site is not unsuitable for
12mining. The preliminary determination that a site was not unsuitable for mining
13under s. 293.45 may not be conclusive in the determination of the site's suitability
14for mining under this section. However, at the hearing held under
this section and
15s. 293.43 s. 293.44, testimony and evidence submitted at
the any prospecting permit
16proceeding relevant to the issue of suitability of the proposed mining site for surface
17mining may be adopted, subject to the opportunity for cross-examination and
18rebuttal, if not unduly repetitious.
SB1-SSA1,40
19Section
40. 293.49 (2) (intro.) of the statutes is amended to read:
SB1-SSA1,22,2120
293.49
(2) (intro.)
Within 90 days of the completion of the public hearing record,
21the The department shall deny the mining permit if it finds any of the following:
SB1-SSA1,41
22Section
41. 293.49 (4g) of the statutes is created to read:
SB1-SSA1,23,423
293.49
(4g) The department shall approve or deny the application for a mining
24permit, and for any other approval, license, or permit that was covered by the
25informational hearing under s. 293.43 (1m), after any contested case hearing under
1s. 293.44 and no later than the 730th day after the day on which the department
2determines that the application for the mining permit is complete, except that if the
3deadline under s. 293.44 (3) (b) 1. is extended under s. 293.44 (3) (b) 2. to 4., the
4deadline under this subsection is extended by the same number of days.
SB1-SSA1,42
5Section
42. 293.51 (2m) of the statutes is created to read:
SB1-SSA1,23,156
293.51
(2m) Upon notification that an application for a mining permit has been
7approved by the department but prior to commencing mining, the operator shall
8establish an irrevocable trust, in accordance with the proposed agreement under s.
9293.37 (2) (gm), in an amount equal to 20 percent of the amount of the bond or other
10security required under sub. (1) plus 20 percent of the amount of the proof of financial
11responsibility provided under s. 289.41 (3) for the mining waste site or, if the
12applicant provides proof of financial responsibility using the net worth method under
13s. 289.41 (4), of the amount of the proof of financial responsibility that would be
14required to be provided under s. 289.41 (3) for the mining waste site if the applicant
15did not use the net worth method.
SB1-SSA1,43
16Section
43. 293.51 (3) of the statutes is amended to read:
SB1-SSA1,23,2117
293.51
(3) Upon approval of the operator's bond, mining application and
18certificate of insurance
and receipt of evidence of the establishment of the trust
19under sub. (2m), the department shall issue written authorization to commence
20mining at the permitted mining site in accordance with the approved mining and
21reclamation plans.
SB1-SSA1,44
22Section
44. 293.64 of the statutes is created to read:
SB1-SSA1,24,4
23293.64 Groundwater quality. (1) In the feasibility report under s. 289.24
24for a prospecting or mining waste facility, an applicant shall submit information
25based on predictive modeling to demonstrate whether there is a reasonable certainty
1that the facility will result in a violation of groundwater quality standards beyond
2the design management zone, determined under s. 160.21 (2) (d), within a period
3equal to the period in which the mining waste facility is proposed to operate plus 250
4years after the closure of the mining waste facility.
SB1-SSA1,24,12
5(2) For the purposes of s. NR 182.075 (1s) and (1u), Wis. Adm. Code, the
6horizontal distance to the mandatory intervention boundary for a prospecting or
7mining waste site is 150 feet from the outer waste boundary or a longer distance, up
8to 600 feet, agreed to by the applicant and the department, notwithstanding s. NR
9182.075 (1) (c), Wis. Adm. Code, except that the horizontal distance to the mandatory
10intervention boundary may not exceed 50 percent of the horizontal distance from the
11outer waste boundary to the boundary of the design management zone, determined
12under s. 160.21 (2) (d), for the prospecting or mining waste site.
SB1-SSA1,24,1914
(1)
Report concerning groundwater standards. The department of natural
15resources shall study whether, in connection with metallic mining, groundwater
16standards under chapter NR 140, Wisconsin Administrative Code, should apply in
17an aquifer containing saline water and shall report its conclusions to the legislature,
18in the manner under section 13.172 (2) of the statutes, no later than the first day of
19the 12th month beginning after the effective date of this subsection.
SB1-SSA1,24,2020
(2)
Waste characterization rules.
SB1-SSA1,24,2421
(a) The department of natural resources shall submit in proposed form the
22rules required under section 289.05 (2) of the statutes, as affected by this act, to the
23legislative council staff under section 227.15 (1) of the statutes no later than the first
24day of the 9th month beginning after the effective date of this paragraph.
SB1-SSA1,25,7
1(b) Notwithstanding section 227.135 (2) of the statutes, the department of
2natural resources is not required to present the statement of the scope of the rules
3required under section 289.05 (2) of the statutes, as affected by this act, to the
4governor for approval. Notwithstanding section 227.185 of the statutes, the
5department of natural resources is not required to present the rules required under
6section 289.05 (2) of the statutes, as affected by this act, in final draft form to the
7governor for approval.
SB1-SSA1,25,158
(c) Notwithstanding section 227.137 (2) of the statutes, the department of
9natural resources is not required to prepare an economic impact report for the rules
10required under section 289.05 (2) of the statutes, as affected by this act.
11Notwithstanding sections 227.14 (2g) and 227.19 (3) (e) of the statutes, the
12department of natural resources is not required to submit the proposed rules
13required under section 289.05 (2) of the statutes, as affected by this act, to the small
14business regulatory review board and is not required to prepare a final regulatory
15flexibility analysis for those rules.