AB1,87 25Section 87. 293.50 (2) (intro.) of the statutes is amended to read:
1293.50 (2) (intro.) Beginning on May 7, 1998, the department may not issue a
2permit under s. 293.49 for the purpose of the mining of a sulfide ore body until all of
3the following conditions are satisfied:
AB1,88 4Section 88. 293.50 (2) (a) of the statutes is amended to read:
AB1,52,105 293.50 (2) (a) The department determines, based on information provided by
6an applicant for a permit under s. 293.49 and verified by the department, that a
7mining operation has operated in a sulfide ore body which, together with the host
8nonferrous rock, has a net acid generating potential in the United States or Canada
9for at least 10 years without the pollution of groundwater or surface water from acid
10drainage at the tailings site or at the mine site or from the release of heavy metals.
AB1,89 11Section 89. 293.50 (2) (b) of the statutes is amended to read:
AB1,52,1812 293.50 (2) (b) The department determines, based on information provided by
13an applicant for a permit under s. 293.49 and verified by the department, that a
14mining operation that operated in a sulfide ore body which, together with the host
15nonferrous rock, has a net acid generating potential in the United States or Canada
16has been closed for at least 10 years without the pollution of groundwater or surface
17water from acid drainage at the tailings site or at the mine site or from the release
18of heavy metals.
AB1,90 19Section 90. 293.51 (1) of the statutes is amended to read:
AB1,53,1020 293.51 (1) Upon notification that an application for a prospecting or mining
21permit has been approved by the department but prior to commencing prospecting
22or mining, the operator shall file with the department a bond conditioned on faithful
23performance of all of the requirements of this chapter and all rules adopted by the
24department under this chapter. The bond shall be furnished by a surety company
25licensed to do business in this state. In lieu of a bond, the operator may deposit cash,

1certificates of deposit or government securities with the department. Interest
2received on certificates of deposit and government securities shall be paid to the
3operator. The amount of the bond or other security required shall be equal to the
4estimated cost to the state of fulfilling the reclamation plan, in relation to that
5portion of the site that will be disturbed by the end of the following year. The
6estimated cost of reclamation of each prospecting or mining site shall be determined
7by the department on the basis of relevant factors including, but not limited to,
8expected changes in the price index, topography of the site, methods being employed,
9depth and composition of overburden and depth of nonferrous metallic mineral
10deposit being mined.
AB1,91 11Section 91. 293.65 (3) (a) of the statutes is amended to read:
AB1,53,1612 293.65 (3) (a) An approval under s. 281.34 is required to withdraw groundwater
13for prospecting or mining or to dewater mines if the capacity and rate of withdrawal
14of all wells involved in the withdrawal of groundwater or the dewatering of mines
15exceeds 100,000 gallons each day. A permit under s. 283.31 is required to discharge
16pollutants resulting from the dewatering of mines.
AB1,92 17Section 92. 293.65 (3) (b) of the statutes is amended to read:
AB1,53,2418 293.65 (3) (b) The department may not issue an approval under s. 281.34 if the
19withdrawal of groundwater for prospecting or mining purposes or the dewatering of
20mines will result in the unreasonable detriment of public or private water supplies
21or the unreasonable detriment of public rights in the waters of the state. No
22withdrawal of groundwater for prospecting or mining purposes or the dewatering of
23mines may be made to the unreasonable detriment of public or private water supplies
24or the unreasonable detriment of public rights in the waters of the state.
AB1,93 25Section 93. 293.86 of the statutes is amended to read:
1293.86 Visitorial powers of department. Any duly authorized officer,
2employee or representative of the department may enter and inspect any property,
3premises or place on or at which any prospecting or metallic mining operation or
4facility is located or is being constructed or installed at any reasonable time for the
5purpose of ascertaining the state of compliance with this chapter and chs. 281, 285,
6289 to 292, 295 and 299, subchs. I and II of ch. 295, and rules adopted pursuant
7thereto. No person may refuse entry or access to any such authorized representative
8of the department who requests entry for purposes of inspection, and who presents
9appropriate credentials, nor may any person obstruct, hamper or interfere with any
10such inspection. The department shall furnish to the prospector or operator, as
11indicated in the prospecting or mining permit, a written report setting forth all
12observations, relevant information and data which relate to compliance status.
AB1,94 13Section 94. Chapter 295 (title) of the statutes is amended to read:
AB1,54,1414 Chapter 295
17 ferrous metallic mining
AB1,95 18Section 95. 295.16 (4) (f) of the statutes is amended to read:
AB1,54,2019 295.16 (4) (f) Any mining operation, the reclamation of which is required in a
20permit obtained under ch. 293 or subch. III of ch. 295.
AB1,96 21Section 96. Subchapter III of chapter 295 [precedes 295.40] of the statutes is
22created to read:
AB1,54,2323 Chapter 295
AB1,54,2524 Subchapter III
25 ferrous metallic mining
1295.40 Legislative findings. The legislature finds all of the following:
AB1,55,3 2(1) That attracting and aiding new mining enterprises and expanding the
3mining industry in Wisconsin is part of Wisconsin public policy.
AB1,55,6 4(2) That mining for nonferrous metallic minerals is different from mining for
5ferrous minerals because in mining for nonferrous metallic minerals, sulfide
6minerals react, when exposed to air and water, to form acid drainage.
AB1,55,10 7(3) That if the mineral products and waste materials associated with
8nonferrous metallic sulfide mining operations are not properly managed and
9controlled, they can cause significant damage to the environment, affect human
10health, and degrade the quality of life of the affected community.
AB1,55,13 11(4) That the special concerns surrounding nonferrous metallic mining warrant
12more stringent regulatory measures than those warranted for ferrous mineral
13mining operations.
AB1,55,16 14(5) That the provisions in ch. 293, 2011 stats., are a deterrent to ferrous mineral
15mining in this state and are not necessary to ensure that ferrous mineral mining will
16be conducted in an environmentally sound manner.
AB1,55,20 17(6) That simplifying and shortening the permitting process for ferrous mineral
18mining when compared to nonferrous metallic mineral mining, as Minnesota and
19Michigan have done, will encourage ferrous mineral mining in Wisconsin and create
20jobs and generate resources for the state.
AB1,56,2 21(7) That because of the fixed location of ferrous mineral deposits in the state,
22it is probable that mining those deposits will result in adverse impacts to wetlands
23and that, therefore, the use of wetlands for bulk sampling and mining activities,
24including the disposal or storage of mining wastes or materials, or the use of other

1lands for mining activities that would have a significant adverse impact on wetlands,
2is presumed to be necessary.
AB1,56,3 3295.41 Definitions. In this subchapter:
AB1,56,6 4(1) "Air pollution" means the presence in the atmosphere of one or more air
5contaminants in such quantities and of such duration as is injurious to human health
6or welfare, animal or plant life, or property.
AB1,56,8 7(2) "Applicant" means a person who applies for, or is preparing to apply for, an
8exploration license or a mining permit or who files a bulk sampling plan.
AB1,56,13 9(3) "Approval" means any permit, license, certification, contract, or other
10authorization that the department issues, or any other action by the department,
11that is required for exploration, to engage in bulk sampling at a bulk sampling site,
12or to construct or operate a mining site, including any action required for any of the
AB1,56,1614 (a) The withdrawal of land entered as county forest land under s. 28.11 and any
15modification of, or amendment to, a county forest land use plan necessitated by the
16withdrawal of the land.
AB1,56,1717 (b) The withdrawal of land entered as forest cropland under s. 77.10.
AB1,56,2018 (c) The withdrawal of land designated as managed forest land under subch. VI
19of ch. 77 and any modification of, or amendment to, a managed forest land
20management plan necessitated by the withdrawal of the land.
AB1,56,23 21(4) "Background water quality" means the concentration of a substance in
22groundwater as determined by monitoring at locations that will not be affected by
23a mining site.
1(5) "Baseline water quality" means the concentration of a substance in
2groundwater or surface water as determined by monitoring before mining operations
AB1,57,5 4(6) "Borrow materials" means soil or rock used in construction or reclamation
AB1,57,10 6(7) "Bulk sampling" means excavating in a potential mining site by removing
7less than 10,000 tons of material for the purposes of obtaining site-specific data to
8assess the quality and quantity of the ferrous mineral deposits and of collecting data
9from and analyzing the excavated materials in order to prepare the application for
10a mining permit or for any other approval.
AB1,57,12 11(8) "Closing" means the time at which a mining waste site ceases to accept
12mining wastes.
AB1,57,14 13(9) "Closure" means the actions taken by an operator to prepare a mining waste
14site for long-term care and to make it suitable for other uses.
AB1,57,16 15(10) "Construct" means to engage in a program of on-site construction,
16including site clearing, grading, dredging, or filling of land.
AB1,57,17 17(11) "Department" means the department of natural resources.
AB1,57,19 18(12) "Disposal" means the discharge, deposit, injection, dumping, or placing of
19a substance into or on any land or water.
AB1,57,22 20(14) "Environmental impact report" means a document submitted by a person
21seeking a mining permit that discloses environmental impacts of the proposed
AB1,57,24 23(15) "Environmental impact statement" means a detailed statement under s.
241.11 (2) (c).
1(16) "Environmental pollution" means contaminating or rendering unclean or
2impure the air, land, or waters of the state, or making the air, land, or waters of the
3state injurious to public health or animal or plant life.
AB1,58,4 4(17) "Exploration license" means a license under s. 295.44.
AB1,58,7 5(18) "Ferrous mineral" means an ore or earthen material in natural deposits
6in or on the earth that primarily exists in the form of an iron oxide, including taconite
7and hematite.
AB1,58,9 8(19) "Fill area" means an area proposed to receive or that is receiving direct
9application of mining waste.
AB1,58,11 10(20) "Freeboard" means the height of the top of a dam above the adjacent liquid
11surface within the impoundment.
AB1,58,13 12(21) "Groundwater" means any of the waters of the state occurring in a
13saturated subsurface geological formation of rock or soil.
AB1,58,15 14(22) "Groundwater quality" means the chemical, physical, biological, thermal,
15or radiological quality of groundwater at a site or within an underground aquifer.
AB1,58,19 16(23) "Groundwater quality standards" means numerical values consisting of
17enforcement standards and preventive action limits contained in Table 1 of s. NR
18140.10, and Table 2 of s. NR 140.12, Wis. Adm. Code, and any preventive action limits
19for indicator parameters identified under s. NR 140.20 (2), Wis. Adm. Code.
AB1,58,22 20(24) "Leachate" means water or other liquid that has been contaminated by
21dissolved or suspended materials due to contact with refuse disposed of on the
22mining site.
AB1,59,4 23(25) "Merchantable by-product" means all waste soil, rock, mineral, liquid,
24vegetation, and other material directly resulting from or displaced by the mining,
25cleaning, or preparation of minerals, during mining operations, that are determined

1by the department to be marketable upon a showing of marketability made by the
2operator, accompanied by a verified statement by the operator of his or her intent to
3sell the material within 3 years from the time it results from or is displaced by
AB1,59,10 5(26) "Mining" means all or part of the process involved in the mining of a
6ferrous mineral, other than for exploration, including commercial extraction,
7agglomeration, beneficiation, construction of roads, removal of overburden, and the
8production of refuse, involving the removal of more than 15,000 tons of earth
9material a year in the regular operation of a business for the purpose of extracting
10a ferrous mineral.
AB1,59,11 11(27) "Mining permit" means the permit under s. 295.58.
AB1,59,14 12(28) "Mining plan" means a proposal for mining on a mining site, including a
13description of the systematic activities to be used for the purpose of extracting
14ferrous minerals.
AB1,59,19 15(29) "Mining site" means the surface area disturbed by mining, including the
16surface area from which the ferrous minerals or refuse or both have been removed,
17the surface area covered by refuse, all lands disturbed by the construction or
18improvement of haulageways, and any surface areas in which structures,
19equipment, materials, and any other things used in the mining are situated.
AB1,60,2 20(30) "Mining waste" means tailings, waste rock, mine overburden, waste
21treatment sludges, or other discarded material, including solid, liquid, semi-solid,
22or contained gaseous material, resulting from mining or from the cleaning or
23preparation of ferrous minerals during mining operations, except that "mining
24waste" does not include topsoil and mine overburden intended to be returned to the
25mining site or used in the reclamation process and that is placed on the mining site

1for those purposes, as provided for in the approved mining plan, and does not include
2merchantable by-products.
AB1,60,7 3(31) "Mining waste site" means any land or appurtenances thereto used for the
4storage or disposal of mining waste or for the storage of merchantable by-products,
5but does not include land or appurtenances used in the production or transportation
6of mining waste, such as the concentrator, haul roads, or tailings pipelines, that are
7part of the mining site.
AB1,60,10 8(32) "Nonferrous metallic mineral" means an ore or other earthen material to
9be excavated from natural deposits on or in the earth for its metallic content but not
10primarily for its iron oxide content.
AB1,60,13 11(33) "Operator" means any person who is engaged in mining, or who holds a
12mining permit, whether individually, jointly, or through subsidiaries, agents,
13employees, or contractors.
AB1,60,14 14(34) "Overburden" means any unconsolidated material that overlies bedrock.
AB1,60,17 15(35) "Person" means an individual, corporation, limited liability company,
16partnership, association, local governmental agency, interstate agency, state agency,
17or federal agency.
AB1,60,19 18(36) "Piping" means the progressive erosion of materials from an embankment
19or foundation caused by the seepage of water.
AB1,60,21 20(37) "Principal shareholder" means any person who owns at least 10 percent
21of the beneficial ownership of an applicant or operator.
AB1,60,24 22(38) "Reagent" means a substance or compound that is added to a system in
23order to bring about a chemical reaction or is added to see if a reaction occurs to
24confirm the presence of another substance.
1(39) "Reclamation" means the process by which an area physically or
2environmentally affected by exploration or mining is rehabilitated to either its
3original state or to a state that provides long-term environmental stability.
AB1,61,5 4(40) "Reclamation plan" means the proposal for the reclamation of an
5exploration site under s. 295.44 (2) (b) or a mining site under s. 295.49.
AB1,61,7 6(41) "Refuse" means all mining waste and all waste materials deposited on or
7in the mining site from other sources, except merchantable by-products.
AB1,61,10 8(42) "Related person" means any person that owns or operates a mining site
9in the United States and that is one of the following when an application for a mining
10permit is submitted to the department:
AB1,61,1111 (a) The parent corporation of the applicant.
AB1,61,1312 (b) A person that holds more than a 30 percent ownership interest in the
AB1,61,1514 (c) A subsidiary or affiliate of the applicant in which the applicant holds more
15than a 30 percent ownership interest.
AB1,61,20 16(44) "Subsidence" means lateral or vertical ground movement caused by a
17failure, initiated at the mine, of a man-made underground mine, that directly
18damages residences or commercial buildings, except that "subsidence" does not
19include lateral or vertical ground movement caused by earthquake, landslide, soil
20conditions, soil erosion, soil freezing and thawing, or roots of trees and shrubs.
AB1,61,23 21(45) "Tailings" means waste material resulting from beneficiation of crushed
22ferrous minerals at a concentrator or from washing, concentration, or treatment of
23crushed ferrous minerals.
1(46) "Unsuitable" means that the land proposed for mining is not suitable for
2mining because the mining activity will more probably than not destroy or
3irreparably damage any of the following:
AB1,62,64 (a) Habitat required for survival of species of vegetation or wildlife designated
5as endangered through prior inclusion in rules adopted by the department, if the
6endangered species cannot be reestablished elsewhere.
AB1,62,107 (b) Unique features of the land, as determined by state or federal designation
8and incorporated in rules adopted by the department, as any of the following, which
9cannot have their unique characteristic preserved by relocation or replacement
AB1,62,1111 1. Wilderness areas.
AB1,62,1212 2. Wild and scenic rivers.
AB1,62,1313 3. National or state parks.
AB1,62,1414 4. Wildlife refuges and areas.
AB1,62,1515 5. Listed properties, as defined in s. 44.31 (4).
AB1,62,20 16(46m) "Wastewater and sludge storage or treatment lagoon" means a
17man-made containment structure that is constructed primarily of earthen
18materials, that is for the treatment or storage of wastewater, storm water, or sludge,
19and that is not a land disposal system, as defined in s. NR 140.05 (11), Wis. Adm.