SB1-SSA2,37,15 5295.43 Responsibilities related to mining. The department shall serve as
6the central unit of state government to ensure that the impact from mining and
7reclamation on the air, lands, waters, plants, fish, and wildlife in this state will be
8minimized and offset to the extent practicable. The administration of occupational
9health and safety laws and rules that apply to mining remain exclusively the
10responsibility of the department of safety and professional services. The powers and
11duties of the geological and natural history survey under s. 36.25 (6) remain
12exclusively the responsibility of the geological and natural history survey. Nothing
13in this section prevents the department of safety and professional services and the
14geological and natural history survey from cooperating with the department in the
15exercise of their respective powers and duties.
SB1-SSA2,37,16 16295.44 Exploration. (1) Definitions. In this section:
SB1-SSA2,37,1717 (a) "Abandonment" means the filling or sealing of a drillhole.
SB1-SSA2,37,2018 (b) "Clay slurry" means a fluid mixture of native clay formation or commercial
19clay or clay mineral products and water prepared with only the amount of water
20necessary to produce fluidity.
SB1-SSA2,37,2221 (c) "Concrete grout" means a mixture consisting of type A portland cement and
22an equal or lesser volume of dry sand combined with water.
SB1-SSA2,37,2423 (d) "Driller" means a person who performs core, rotary, percussion, or other
24drilling involved in exploration for ferrous minerals.
SB1-SSA2,38,2
1(e) "Drilling site" means the area disturbed by exploration, including the
2drillhole.
SB1-SSA2,38,43 (f) "Dump bailer" means a cylindrical container with a valve that empties the
4contents of the container at the bottom of a drillhole.
SB1-SSA2,38,65 (g) "Explorer" means any person who engages in exploration or who contracts
6for the services of drillers for the purpose of exploration.
SB1-SSA2,38,147 (h) "Exploration" means the on-site geologic examination from the surface of
8an area by core, rotary, percussion, or other drilling, where the diameter of the hole
9does not exceed 18 inches, for the purpose of searching for ferrous minerals or
10establishing the nature of a known ferrous mineral deposit, including associated
11activities such as clearing and preparing sites or constructing roads for drilling.
12"Exploration" does not include drilling for the purpose of collecting soil samples or
13for determining radioactivity by means of placement of devices that are sensitive to
14radiation.
SB1-SSA2,38,1615 (i) "License year" means the period beginning on July 1 of any year and ending
16on the following June 30.
SB1-SSA2,38,1817 (j) "Neat cement grout" means a mixture consisting of type A portland cement
18and water.
SB1-SSA2,38,2019 (k) "Termination" means the filling of drillholes and the reclamation of a
20drilling site.
SB1-SSA2,39,2 21(2) License. No person may engage in exploration, or contract for the services
22of drillers for purposes of exploration, without an annual license from the
23department. The department shall provide copies of the application for an
24exploration license to the state geologist upon issuance of the exploration license. A

1person seeking an exploration license shall file an application that includes all of the
2following:
SB1-SSA2,39,33 (a) An exploration plan that includes all of the following:
SB1-SSA2,39,54 1. A description of the site where the exploration will take place and a map of
5that area showing the locations of the exploration.
SB1-SSA2,39,66 2. A description of the means and method that will be used for the exploration.
SB1-SSA2,39,87 3. A description of the grading and stabilization of the excavation, sides, and
8benches that will be conducted.
SB1-SSA2,39,109 4. A description of how the grading and stabilization of any deposits of refuse
10will be conducted.
SB1-SSA2,39,1211 5. A description of how any diversion and drainage of water from the
12exploration site will be conducted.
SB1-SSA2,39,1313 6. A description of how any backfilling will be conducted.
SB1-SSA2,39,1514 7. A description of how any pollutant-bearing minerals or materials will be
15covered.
SB1-SSA2,39,1716 8. A description of how the topsoils will be removed and stockpiled or how other
17measures will be taken to protect topsoils before exploration.
SB1-SSA2,39,1818 9. A description of how vegetative cover will be provided.
SB1-SSA2,39,1919 10. A description of how any water impoundment will be accomplished.
SB1-SSA2,39,2120 11. Identification of the means and method that will be used to prevent
21significant environmental pollution to the extent practicable.
SB1-SSA2,39,2322 (b) A reclamation plan, designed to minimize adverse effects to the
23environment to the extent practicable, that includes all of the following:
SB1-SSA2,40,3
11. A description of how all toxic and hazardous wastes and other solid waste
2will be disposed of in solid or hazardous waste disposal facilities licensed under ch.
3289 or 291 or otherwise in an environmentally sound manner.
SB1-SSA2,40,54 2. A description of how topsoil will be preserved for purposes of future use in
5reclamation.
SB1-SSA2,40,76 3. A description of how revegetation will be conducted to stabilize disturbed
7soils and prevent air and water pollution to the extent practicable.
SB1-SSA2,40,98 4. A description of how disturbance to wetlands will be minimized to the extent
9practicable.
SB1-SSA2,40,1010 5. A statement that all drillholes will be abandoned in compliance with sub. (5).
SB1-SSA2,40,1111 (c) An exploration license fee of $300.
SB1-SSA2,40,1212 (d) A bond, as provided in sub. (3) (a).
SB1-SSA2,40,1813 (e) A certificate of insurance showing that the applicant has in force a liability
14insurance policy issued by an insurance company licensed to do business in this state
15covering all exploration conducted or contracted for by the explorer in this state and
16affording personal injury and property damage protection in a total amount
17determined to be adequate by the department, but not more than $1,000,000 and not
18less than $50,000.
SB1-SSA2,40,2219 (f) A copy of the applicant's most recent annual report to the federal securities
20and exchange commission on form 10-K, or, if this is not available, a report of the
21applicant's current assets and liabilities or other data necessary to establish that the
22applicant is competent to conduct exploration in this state.
SB1-SSA2,41,5 23(2m) Confidentiality. The department and the state geologist shall protect as
24confidential any information, other than effluent data, contained in an application
25for an exploration license, upon a showing that the information is entitled to

1protection as a trade secret, as defined in s. 134.90 (1) (c), and any information
2relating to the location, quality, or quantity of a ferrous mineral deposit, to
3production or sales figures, or to processes or production unique to the applicant or
4that would tend to adversely affect the competitive position of the applicant if made
5public.
SB1-SSA2,41,11 6(3) Bond. (a) An applicant shall submit, as part of the application for an
7exploration license, a bond in the amount of $5,000 that is conditioned on faithful
8performance of the requirements of this section, that is issued by a surety company
9licensed to do business in this state, and that provides that the bond may not be
10canceled by the surety, except after not less than 90 days' notice to the department
11in writing by registered or certified mail.
SB1-SSA2,41,1612 (b) If the surety for a bond submitted under par. (a) issues a cancellation notice,
13the explorer shall deliver a replacement bond at least 30 days before the expiration
14of the 90 day notice period. If the explorer fails to submit a replacement bond, the
15explorer may not engage in exploration until the explorer submits a replacement
16bond.
SB1-SSA2,41,2117 (c) If the license of the surety company for a bond submitted under par. (a) is
18revoked or suspended, the explorer, within 30 days after receiving written notice
19from the department, shall deliver a replacement bond. If the explorer fails to submit
20a replacement bond, the explorer may not engage in exploration until the explorer
21submits a replacement bond.
SB1-SSA2,41,2522 (d) The department may require that the amount of the bond submitted under
23this subsection be increased at any time, if the department determines that the level
24of activity by the explorer makes it likely that the bond would be inadequate to fund
25the termination of all drillholes for which the explorer is responsible.
SB1-SSA2,42,4
1(e) The department shall release a bond submitted under this subsection one
2year after the issuance of the last certificate of completion of exploration under sub.
3(9) (c) 3. if the explorer no longer holds an exploration license and the department
4determines that the explorer has complied with this section.
SB1-SSA2,42,13 5(4) Issuance or denial of exploration license. (a) Except as provided in par.
6(c), within 10 business days of receiving an administratively complete application for
7an exploration license, the department shall issue the exploration license or provide
8the notice required under par. (f) of intent not to issue the exploration license, unless
9the application is for an upcoming license year. If an application is for an upcoming
10license year, the department shall issue the exploration license or provide the notice
11required under par. (f) of intent not to issue the exploration license within 10
12business days of receiving an administratively complete application or on the next
13July 1, whichever is later.
SB1-SSA2,43,214 (b) An application for an exploration license is considered to be
15administratively complete on the day that it is submitted, unless, before the 10th
16business day after receiving the application, the department provides the applicant
17with written notification that the application is not administratively complete. The
18department may determine that an application is not administratively complete only
19if the application does not include an exploration plan; a reclamation plan; an
20exploration license fee; a bond; a certificate of insurance; or a copy of the applicant's
21most recent annual report to the federal securities and exchange commission on form
2210-K, or, if this is not available, a report of the applicant's current assets and
23liabilities or other data necessary to establish that the applicant is competent to
24conduct exploration in this state. The department may not consider the quality of

1the information provided. In a notice provided under this paragraph, the
2department shall identify what is missing from the application.
SB1-SSA2,43,103 (c) If the department provides notification, in compliance with par. (b), that an
4application is not administratively complete, the department shall issue the
5exploration license or provide the notice required under par. (f) of intent not to issue
6the license within 7 business days of receipt of the missing item, unless the
7application is for an upcoming license year. If the application is for an upcoming
8license year, the department shall issue the exploration license or provide the notice
9required under par. (f) of intent not to issue the exploration license within 7 business
10days of receipt of the missing item or on the next July 1, whichever is later.
SB1-SSA2,43,1511 (d) If the department does not comply with par. (a) or (c), the application is
12automatically approved and the department shall issue an exploration license that
13includes the requirements in sub. (5). The explorer may engage in exploration based
14on the automatic approval, notwithstanding any delay by the department in issuing
15the license.
SB1-SSA2,43,2016 (e) Subject to par. (f), the department shall deny an application for an
17exploration license if the department finds that, after the activities in the exploration
18plan and the reclamation plan have been completed, the exploration will have a
19substantial and irreparable adverse impact on the environment or present a
20substantial risk of injury to public health and welfare.
SB1-SSA2,44,1021 (f) Before denying an application, the department shall provide the applicant
22with written notification of its intent not to issue the exploration license, setting
23forth all of the reasons for its intent not to issue the exploration license, including
24reference to competent evidence supporting its position. The department shall
25provide the person with an opportunity to correct any deficiencies in the exploration

1plan or reclamation plan within 10 business days. If the person amends the
2exploration plan or reclamation plan and corrects the deficiencies, the department
3shall issue the exploration license within 10 business days of receipt of the amended
4exploration plan or reclamation plan, unless the application is for an upcoming
5license year. If an application is for an upcoming license year, the department shall
6issue the exploration license within 10 business days of receipt of the amended
7exploration plan or reclamation plan or on the next July 1, whichever is later. If the
8department determines that the deficiencies have not been corrected, it shall deny
9the application, in writing, setting forth all of the reasons for its determination,
10including reference to competent evidence supporting the determination.
SB1-SSA2,44,12 11(5) Requirements in exploration license. The department shall include all of
12the following in an exploration license:
SB1-SSA2,44,1613 (a) A requirement that if the explorer wishes to temporarily abandon a drillhole
14so that the explorer may use the drillhole for future exploration, the explorer leave
15the well casing in place and seal the upper end of the casing with a watertight
16threaded or welded cap.
SB1-SSA2,44,1917 (b) A requirement to permanently abandon a drillhole 4 inches in diameter or
18smaller by filling the drillhole from the bottom upward to the surface of the ground
19with concrete grout or neat cement grout.
SB1-SSA2,44,2220 (c) A requirement to permanently abandon a drillhole larger than 4 inches in
21diameter by filling the drillhole from the bottom upward to the surface of the ground
22with concrete grout or neat cement grout or in one of the following ways:
SB1-SSA2,45,523 1. If the drillhole is constructed in limestone, dolomite, shale, or Precambrian
24formations, such as granite, gabbro, gneiss, schist, slate, greenstone, or quartzite, by
25filling the drillhole with gravel or crushed rock or, if it is physically impracticable to

1use gravel or crushed rock and if the department approves, with clay slurry, from the
2bottom upward to a point 20 feet below the top of the first rock formation encountered
3below the surface of the ground or to at least 40 feet below the surface of the ground,
4whichever is the greater depth, and filling the remainder of the drillhole with
5concrete grout or neat cement grout.
SB1-SSA2,45,126 2. If the drillhole is constructed in sandstone formation, by filling the drillhole
7with disinfected sand or pea gravel or, if it is physically impracticable to use sand or
8pea gravel and if the department approves, with clay slurry, from the bottom upward
9to a point 20 feet below the top of the first rock formation encountered below the
10surface of the ground or to at least 40 feet below the surface of the ground, whichever
11is the greater depth, and filling the remainder of the drillhole with concrete grout or
12neat cement grout.
SB1-SSA2,45,1613 3. If the drillhole is constructed in glacial drift or other unconsolidated
14formation, by filling the hole with clean clay slurry to a point 20 feet below the surface
15of the ground and filling the remainder of the drillhole with concrete grout or neat
16cement grout.
SB1-SSA2,45,2017 4. If the drillhole is constructed in mixed rock types, by filling the drillhole as
18provided in subds. 1., 2., and 3., and providing a concrete grout or neat cement grout
19plug that extends at least 20 feet above and below the point of surface contact
20between each recognized geologic rock type.
SB1-SSA2,45,2221 (d) 1. A requirement to use a conductor pipe or, when practical, a dump bailer
22when filling a drillhole.
SB1-SSA2,45,2523 2. A requirement to keep the bottom end of the conductor pipe submerged in
24concrete grout or neat cement grout at all times when concrete grout or neat cement
25grout is placed under water using a conductor pipe.
SB1-SSA2,46,4
13. A requirement to fill the drillhole at the same time that all or part of the
2drillhole casing is removed from an unconsolidated formation, such as sand or gravel,
3that will not remain open upon abandonment of a drillhole and to keep the end of the
4casing below the surface of the fill material throughout the operation.
SB1-SSA2,46,85 (e) A requirement to obtain approval from the department of the method of
6containing the flow from, and the method of eventual abandonment of, a drillhole
7that penetrates an aquifer under artesian pressure so that the groundwater flows at
8the surface of the ground.
SB1-SSA2,46,10 9(6) Renewals. (a) An explorer wishing to renew an exploration license shall
10file with the department a renewal application that includes all of the following:
SB1-SSA2,46,1111 1. A renewal fee of $150.
SB1-SSA2,46,1212 2. A bond that satisfies sub. (3) (a).
SB1-SSA2,46,1313 3. A certificate of insurance that satisfies sub. (2) (e).
SB1-SSA2,46,1714 4. A copy of the applicant's most recent annual report to the federal securities
15and exchange commission on form 10-K, or, if this is not available, a report of the
16applicant's current assets and liabilities or other data necessary to establish that the
17applicant is competent to conduct exploration in this state.
SB1-SSA2,46,2018 5. Either a statement that no changes are being proposed to the exploration
19plan and reclamation plan previously approved by the department or a new
20exploration plan or reclamation plan if the applicant proposes to make changes.
SB1-SSA2,46,2421 (b) Except as provided in par. (d), within 10 business days of receiving an
22administratively complete application for renewal of an exploration license, the
23department shall renew the exploration license or provide the notice, required under
24par. (g), of intent not to renew the exploration license.
SB1-SSA2,47,15
1(c) An application for renewal of an exploration license is considered to be
2administratively complete on the day that it is submitted, unless, before the 10th
3business day after receiving the application, the department provides the explorer
4with written notification that the application is not administratively complete. The
5department may determine that an application is not administratively complete only
6if the application does not include a renewal fee; a bond; a certificate of insurance;
7a copy of the applicant's most recent annual report to the federal securities and
8exchange commission on form 10-K, or, if this is not available, a report of the
9applicant's current assets and liabilities or other data necessary to establish that the
10applicant is competent to conduct exploration in this state; or either a statement that
11no changes are being proposed to the exploration plan and reclamation plan
12previously approved by the department or a new exploration plan or reclamation
13plan if the applicant proposes to make changes. The department may not consider
14the quality of any information provided. In a notice provided under this paragraph,
15the department shall identify what is missing from the application.
SB1-SSA2,47,1916 (d) If the department provides notification, in compliance with par. (c), that an
17application is not administratively complete, the department shall renew the
18exploration license or provide the notice, required under par. (g), of intent not to
19renew the exploration license within 7 business days of receipt of the missing item.
SB1-SSA2,47,2120 (e) If the department does not comply with par. (b) or (d), the application for
21renewal is automatically approved.
SB1-SSA2,48,222 (f) Subject to par. (g), the department shall deny an application for renewal of
23an exploration license only if the applicant has filed a new exploration plan or
24reclamation plan and the department finds that the exploration, after the activities
25in the new exploration plan and the new reclamation plan have been completed, will

1have a substantial and irreparable adverse impact on the environment or present a
2substantial risk of injury to public health and welfare.
SB1-SSA2,48,143 (g) Before denying an application, the department shall provide the person who
4submitted the application with written notification of its intent not to renew the
5exploration license, setting forth all of the reasons for its intent not to renew the
6exploration license, including reference to competent evidence supporting its
7position. The department shall provide the person with an opportunity to correct any
8deficiencies in the exploration plan or restoration plan within 10 business days. If
9the person amends the exploration plan or reclamation plan and corrects the
10deficiencies, the department shall renew the exploration license within 10 business
11days of receipt of the amended exploration plan or reclamation plan. If the
12department determines that the deficiencies have not been corrected, it shall deny
13the application, in writing, setting forth all of the reasons for it's determination,
14including reference to competent evidence supporting the determination.
SB1-SSA2,48,1615 (h) The renewal of an exploration license takes effect on the date of issuance
16and expires on the following June 30.
SB1-SSA2,48,19 17(7) Revocation or suspension of exploration license. After a hearing, the
18department may revoke or suspend an exploration license if it determines that any
19of the following apply:
SB1-SSA2,48,2120 (a) The explorer has not complied with a statute, a rule promulgated by the
21department, or a condition in the exploration license.
SB1-SSA2,48,2322 (b) The explorer has failed to increase bond amounts to adequate levels as
23provided under sub (3) (d).
SB1-SSA2,49,5 24(8) Notice procedure. (a) An explorer shall notify the department of the
25explorer's intent to drill on a parcel by registered mail at least 5 days prior to the

1beginning of drilling. Notice is considered to be given on the date that the
2department receives the notice. In the notice, the explorer shall specify which
3drillholes identified in the exploration plan the explorer intends to drill. The
4explorer shall send the notice to the subunit of the department with authority over
5mine reclamation.
SB1-SSA2,49,96 (b) A notice of intent to drill provided under par. (a) remains in effect for one
7year beginning on the date that the department receives the notice. If the explorer
8wishes to continue drilling on the parcel after the notice is no longer in effect, the
9explorer shall resubmit a notice of intent to drill on the parcel.
SB1-SSA2,49,16 10(9) Reports. (a) Within 10 days after completing the temporary or permanent
11abandonment of a drillhole, an explorer shall file with the department an
12abandonment report that describes the means and method used in the abandonment
13and is signed by an authorized representative of the explorer attesting to the
14accuracy of the information contained in the report. The explorer shall submit the
15abandonment report to the department's district office for the district in which the
16drilling site is located.
SB1-SSA2,49,2117 (b) After permanent abandonment of a drillhole and regrading and
18revegetation of the drilling site, an explorer shall notify the department of
19completion of termination of the drilling site. The explorer shall submit the notice,
20in writing, to the department's district office for the district in which the drilling site
21is located.
SB1-SSA2,50,322 (c) 1. After receipt of a notice under par. (b), the department shall notify the
23explorer in writing whether the termination is satisfactory or unsatisfactory. If the
24termination is unsatisfactory, the department shall inform the explorer of the
25necessary corrective measures. Following the completion of corrective measures, the

1explorer shall file written notice with the department's district office for the district
2in which the drilling site is located specifying the means and method used and
3stating that termination is complete.
SB1-SSA2,50,64 2. If an explorer fails to comply with corrective measures identified under subd.
51., the department may suspend the explorer's exploration license in accordance with
6sub. (7).
SB1-SSA2,50,97 3. Upon satisfactory completion of termination of a drilling site, the
8department shall issue a certificate of completion. The department may not issue a
9certificate of completion for a drilling site that has only been temporarily abandoned.
SB1-SSA2,50,16 10(10) Drilling fees. Upon the submission of a report under sub. (9) (a) of
11temporary abandonment of a drillhole, if the drillhole is temporarily abandoned, or
12upon submission of a report under sub. (9) (a) of permanent abandonment of a
13drillhole, if the drillhole is not temporarily abandoned, the explorer shall pay a fee
14to the department. The fee is $100 per drillhole for the first 20 drillholes for which
15a report is filed in a license year and $50 for each subsequent drillhole for which a
16report is filed in that license year.
SB1-SSA2,50,22 17(11) Inspections. (a) Any duly authorized officer, employee, or representative
18of the department may enter and inspect any property, premises, or place on or at
19which exploration is being performed at any reasonable time for the purpose of
20ascertaining the state of compliance with this section. No explorer may refuse entry
21or access to any authorized representative of the department who requests entry for
22the purposes of inspection and who presents appropriate credentials.
SB1-SSA2,50,2423 (b) No person may obstruct, hamper, or interfere with any inspection
24authorized in par. (a).
SB1-SSA2,50,2525 (c) No inspector may obstruct, hamper, or interfere with exploration activities.
SB1-SSA2,51,4
1(12) Exemption. This section does not apply to an operator with a mining
2permit who is engaged in exploration activities on lands included in a mining plan
3and reclamation plan, if the mining plan or reclamation plan contains provisions
4relating to termination of the exploration activities.
SB1-SSA2,51,7 5(13) Environmental analysis not required. The department is not required
6to prepare an environmental impact statement or an environmental assessment for
7an application for an exploration license.
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