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b. The department needs additional time to evaluate information related to the
23mining or prospecting operation that becomes available after the applicant files the
24application for the mining permit or prospecting permit.
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1c. The applicant makes changes to its proposal for the mining or prospecting
2operation.
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3. The applicant may, by providing notice to the department, extend the
4deadline under subd. 1. as often as and for any length of time that the applicant
5determines to be necessary.
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4. The department and an applicant may negotiate an agreement specifying a
7timeline for processing the application for a mining permit or prospecting permit and
8for other approvals, licenses, or permits issued by the department and that timeline
9may include a deadline for the department to provide notice of the contested case
10hearing that is different from the deadline under subd. 1.
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11(4) Participation. Any person, including a county, city, village, or town that
12receives notice under sub. (3) (a) 1., who wishes to participate as a party shall file a
13written notice with the hearing examiner setting forth the person's interest within
1430 days after the department provides notice under sub. (3), unless good cause is
15shown.
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16(6) Record. Views given under s. 293.43 on the proposed mining or prospecting
17operation and all written comments submitted from any source are not part of the
18record for the contested case under this section, but shall be placed in the file of the
19proceeding and shall be given appropriate probative value by the hearing examiner
20or decisionmaker.
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21(7) Continuation. Hearings conducted under this section may be continued for
22just cause, subject to the deadline under sub. (8).
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23(8) Deadlines. The hearing examiner shall conclude the hearing under this
24section and complete the record of the hearing no later than the 680th day after the
25day on which the department determines that the application for the mining permit
1or prospecting permit is complete, except that if the deadline under sub. (3) (b) 1. is
2extended under sub. (3) (b) 2. to 4., the deadline under this subsection is extended
3by the same number of days.
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4(9) Applicability of other law. Chapter 227 applies to a hearing under this
5section to the extent it is not inconsistent with this section.
SB3,36
6Section
36. 293.45 (1) and (2) of the statutes are amended to read:
SB3,20,177
293.45
(1) The department shall issue a prospecting permit under this section
8to an applicant
within 60 days following the date of the completion of the hearing
9record if, on the basis of the application, the department's investigation and hearing
10and any written comments, if it finds that the site is not unsuitable for prospecting
11or, absent a certification under s. 293.35 (1), surface mining, the department has
12approved the prospecting plan and the reclamation plan complies with ss. 293.13 (2)
13and 293.35 (2) and (3) and rules promulgated under ss. 293.13 (2) and 293.35 (2) and
14(3). The department may modify any part of the application or reclamation plan and
15approve it as modified. Except as otherwise provided in this chapter, prospecting
16permits shall be valid for the life of the project, unless canceled under s. 293.83 (1)
17or (3) or 293.85 or revoked under s. 293.87 (2) or (3).
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18(2) The department shall deny a prospecting permit
within 60 days following
19the date of the completion of the hearing record if it finds that the site is unsuitable
20for prospecting or, absent certification under s. 293.35 (1), surface mining, or the
21reclamation plan, including the bond, does not comply with ss. 293.13 (2) and 293.35
22(2) and (3) and rules promulgated under ss. 293.13 (2) and 293.35 (2) and (3) or that
23the applicant is in violation of this chapter or any rules adopted under this chapter.
24If the applicant has previously failed and continues to fail to comply with this
25chapter, or if the applicant has within the previous 20 years forfeited any bond posted
1in accordance with prospecting or mining activities in this state, unless by mutual
2agreement with the state, the department may not issue a prospecting permit. The
3department may not issue a prospecting permit if it finds that any officer, director
4or manager of the applicant has, while employed by the applicant, the applicant's
5parent corporation, any of the applicant's principal shareholders or members, or any
6of the applicant's subsidiaries or affiliates, in which the applicant owns more than
7a 40% interest, within the previous 20 years forfeited any bond posted in accordance
8with prospecting or mining activities in this state unless by mutual agreement with
9the state. In this subsection, "forfeited any bond" means the forfeiture of any
10performance security occasioned by noncompliance with any prospecting or mining
11laws or implementing rules. If an application for a prospecting permit is denied, the
12department, within 30 days from the date of application denial, shall furnish to the
13applicant in writing the reasons for the denial.
SB3,37
14Section
37. 293.45 (2m) of the statutes is created to read:
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293.45
(2m) The department shall approve or deny the application for a
16prospecting permit, other than a prospecting permit to which s. 293.42 applies, and
17for any other approval, license, or permit that was covered by the informational
18hearing under s. 293.43 (1m), after any contested case hearing under s. 293.44 and
19no later than the 730th day after the day on which the department determines that
20the application for the prospecting permit is complete, except that if the deadline
21under s. 293.44 (3) (b) 1. is extended under s. 293.44 (3) (b) 2. to 4., the deadline under
22this subsection is extended by the same number of days.
SB3,38
23Section
38. 293.49 (1) (a) (intro.) of the statutes is amended to read:
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1293.49
(1) (a) (intro.) Except as provided in sub. (2) and s. 293.50 and except
2with respect to property specified in s. 41.41 (11),
within 90 days of the completion
3of the public hearing record, the department shall issue the mining permit if it finds:
SB3,39
4Section
39. 293.49 (1) (a) 3. of the statutes is amended to read:
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293.49
(1) (a) 3. In the case of a surface mine, the site is not unsuitable for
6mining. The preliminary determination that a site was not unsuitable for mining
7under s. 293.45 may not be conclusive in the determination of the site's suitability
8for mining under this section. However, at the hearing held under
this section and
9s. 293.43 s. 293.44, testimony and evidence submitted at
the any prospecting permit
10proceeding relevant to the issue of suitability of the proposed mining site for surface
11mining may be adopted, subject to the opportunity for cross-examination and
12rebuttal, if not unduly repetitious.
SB3,40
13Section
40. 293.49 (2) (intro.) of the statutes is amended to read:
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293.49
(2) (intro.)
Within 90 days of the completion of the public hearing record,
15the The department shall deny the mining permit if it finds any of the following:
SB3,41
16Section
41. 293.49 (4g) of the statutes is created to read:
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293.49
(4g) The department shall approve or deny the application for a mining
18permit, and for any other approval, license, or permit that was covered by the
19informational hearing under s. 293.43 (1m), after any contested case hearing under
20s. 293.44 and no later than the 730th day after the day on which the department
21determines that the application for the mining permit is complete, except that if the
22deadline under s. 293.44 (3) (b) 1. is extended under s. 293.44 (3) (b) 2. to 4., the
23deadline under this subsection is extended by the same number of days.
SB3,42
24Section
42. 293.51 (2m) of the statutes is created to read:
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1293.51
(2m) Upon notification that an application for a mining permit has been
2approved by the department but prior to commencing mining, the operator shall
3establish an irrevocable trust, in accordance with the proposed agreement under s.
4293.37 (2) (gm), in an amount equal to 20 percent of the amount of the bond or other
5security required under sub. (1) plus 20 percent of the amount of the proof of financial
6responsibility provided under s. 289.41 (3) for the mining waste site or, if the
7applicant provides proof of financial responsibility using the net worth method under
8s. 289.41 (4), of the amount of the proof of financial responsibility that would be
9required to be provided under s. 289.41 (3) for the mining waste site if the applicant
10did not use the net worth method.
SB3,43
11Section
43. 293.51 (3) of the statutes is amended to read:
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293.51
(3) Upon approval of the operator's bond, mining application and
13certificate of insurance
and receipt of evidence of the establishment of the trust
14under sub. (2m), the department shall issue written authorization to commence
15mining at the permitted mining site in accordance with the approved mining and
16reclamation plans.
SB3,44
17Section
44. 293.64 of the statutes is created to read:
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18293.64 Groundwater quality. (1) In the feasibility report under s. 289.24
19for a prospecting or mining waste facility, an applicant shall submit information
20based on predictive modeling to demonstrate whether there is a reasonable certainty
21that the facility will result in a violation of groundwater quality standards beyond
22the design management zone, determined under s. 160.21 (2) (d), within a period
23equal to the period in which the mining waste facility is proposed to operate plus 250
24years after the closure of the mining waste facility.
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1(2) For the purposes of s. NR 182.075 (1s) and (1u), Wis. Adm. Code, the
2horizontal distance to the mandatory intervention boundary for a prospecting or
3mining waste site is 150 feet from the outer waste boundary or a longer distance, up
4to 600 feet, agreed to by the applicant and the department, notwithstanding s. NR
5182.075 (1) (c), Wis. Adm. Code, except that the horizontal distance to the mandatory
6intervention boundary may not exceed 50 percent of the horizontal distance from the
7outer waste boundary to the boundary of the design management zone, determined
8under s. 160.21 (2) (d), for the prospecting or mining waste site.
SB3,45
9Section
45.
Nonstatutory provisions.
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(1)
Report concerning groundwater standards. The department of natural
11resources shall study whether, in connection with metallic mining, groundwater
12standards under chapter NR 140, Wisconsin Administrative Code, should apply in
13an aquifer containing saline water and shall report its conclusions to the legislature,
14in the manner under section 13.172 (2) of the statutes, no later than the first day of
15the 12th month beginning after the effective date of this subsection.
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(2)
Waste characterization rules.
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(a) The department of natural resources shall submit in proposed form the
18rules required under section 289.05 (2) of the statutes, as affected by this act, to the
19legislative council staff under section 227.15 (1) of the statutes no later than the first
20day of the 9th month beginning after the effective date of this paragraph.
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(b) Notwithstanding section 227.135 (2) of the statutes, the department of
22natural resources is not required to present the statement of the scope of the rules
23required under section 289.05 (2) of the statutes, as affected by this act, to the
24governor for approval. Notwithstanding section 227.185 of the statutes, the
25department of natural resources is not required to present the rules required under
1section 289.05 (2) of the statutes, as affected by this act, in final draft form to the
2governor for approval.
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(c) Notwithstanding section 227.137 (2) of the statutes, the department of
4natural resources is not required to prepare an economic impact report for the rules
5required under section 289.05 (2) of the statutes, as affected by this act.
6Notwithstanding sections 227.14 (2g) and 227.19 (3) (e) of the statutes, the
7department of natural resources is not required to submit the proposed rules
8required under section 289.05 (2) of the statutes, as affected by this act, to the small
9business regulatory review board and is not required to prepare a final regulatory
10flexibility analysis for those rules.