AB436: Bill Text

AB436,94 Section 94. 293.50 (2) (a) of the statutes is amended to read:

AB436,25,25 293.50 (2) (a) The department determines, based on information provided by an applicant for a permit under s. 293.49 and verified by the department, that a mining operation has operated in a sulfide ore body which, together with the host nonferrous rock, has a net acid generating potential in the United States or Canada for at least 10 years without the pollution of groundwater or surface water from acid drainage at the tailings site or at the mine site or from the release of heavy metals.

AB436,95 Section 95. 293.50 (2) (b) of the statutes is amended to read:

AB436,26,8 293.50 (2) (b) The department determines, based on information provided by an applicant for a permit under s. 293.49 and verified by the department, that a mining operation that operated in a sulfide ore body which, together with the host nonferrous rock, has a net acid generating potential in the United States or Canada has been closed for at least 10 years without the pollution of groundwater or surface water from acid drainage at the tailings site or at the mine site or from the release of heavy metals.

AB436,96 Section 96. 293.51 (1) of the statutes is amended to read:

AB436,26,25 293.51 (1) Upon notification that an application for a prospecting or mining permit has been approved by the department but prior to commencing prospecting or mining, the operator shall file with the department a bond conditioned on faithful performance of all of the requirements of this chapter and all rules adopted by the department under this chapter. The bond shall be furnished by a surety company licensed to do business in this state. In lieu of a bond, the operator may deposit cash, certificates of deposit or government securities with the department. Interest received on certificates of deposit and government securities shall be paid to the operator. The amount of the bond or other security required shall be equal to the estimated cost to the state of fulfilling the reclamation plan, in relation to that portion of the site that will be disturbed by the end of the following year. The estimated cost of reclamation of each prospecting or mining site shall be determined by the department on the basis of relevant factors including, but not limited to, expected changes in the price index, topography of the site, methods being employed, depth and composition of overburden and depth of nonferrous metallic mineral deposit being mined.

AB436,97 Section 97. 293.65 (3) (a) of the statutes is amended to read:

AB436,27,6 293.65 (3) (a) An approval under s. 281.34 is required to withdraw groundwater for prospecting or mining or to dewater mines if the capacity and rate of withdrawal of all wells involved in the withdrawal of groundwater or the dewatering of mines exceeds 100,000 gallons each day. A permit under s. 283.31 is required to discharge pollutants resulting from the dewatering of mines.

AB436,98 Section 98. 293.65 (3) (b) of the statutes is amended to read:

AB436,27,14 293.65 (3) (b) The department may not issue an approval under s. 281.34 if the withdrawal of groundwater for prospecting or mining purposes or the dewatering of mines will result in the unreasonable detriment of public or private water supplies or the unreasonable detriment of public rights in the waters of the state. No withdrawal of groundwater for prospecting or mining purposes or the dewatering of mines may be made to the unreasonable detriment of public or private water supplies or the unreasonable detriment of public rights in the waters of the state.

AB436,99 Section 99. 293.86 of the statutes is amended to read:

AB436,28,2 293.86 Visitorial powers of department. Any duly authorized officer, employee or representative of the department may enter and inspect any property, premises or place on or at which any prospecting or metallic mining operation or facility is located or is being constructed or installed at any reasonable time for the purpose of ascertaining the state of compliance with this chapter and chs. 281, 285, 289 to 292, 295, and 299, subchs. I and II of ch. 295, and rules adopted pursuant thereto. No person may refuse entry or access to any such authorized representative of the department who requests entry for purposes of inspection, and who presents appropriate credentials, nor may any person obstruct, hamper or interfere with any such inspection. The department shall furnish to the prospector or operator, as indicated in the prospecting or mining permit, a written report setting forth all observations, relevant information and data which relate to compliance status.

AB436,100 Section 100. Chapter 295 (title) of the statutes is amended to read:

AB436,28,4 CHAPTER 295

AB436,28,6 NONMETALLIC MINING RECLAMATION; OIL AND GAS; FERROUS METALLIC MINING

AB436,101 Section 101. 295.16 (4) (f) of the statutes is amended to read:

AB436,28,9 295.16 (4) (f) Any mining operation, the reclamation of which is required in a permit obtained under ch. 293 or subch. III of ch. 295.

AB436,102 Section 102. Subchapter III of chapter 295 [precedes 295.40] of the statutes is repealed.

AB436,103 Section 103. 299.85 (7) (a) 2. and 4. of the statutes are amended to read:

AB436,29,2 299.85 (7) (a) 2. Notwithstanding minimum or maximum forfeitures specified in ss. 29.314 (7), 29.334 (2), 29.604 (5) (a), 29.611 (11), 29.889 (10) (c) 2., 29.969, 29.971 (1) (a), (1m) (a), (3), (3m), (11g) (b), (11m) (b), and (11r) (b), 30.298 (1), (2), and (3), 30.49 (1) (a) and (c), 31.23 (2), 281.75 (19), 281.98 (1), 281.99 (2) (a) 1., 283.91 (2), 285.41 (7), 285.57 (5), 285.59 (8), 285.87 (1), 287.95 (1), (2) (b), and (3) (b), 287.97, 289.96 (2) and (3) (a), 291.97 (1), 292.99 (1) and (1m), 293.81, 293.87 (3) and (4) (a), 295.19 (3) (a) and (b) 1., 295.37 (2), 295.79 (2) and (4), 299.15 (4), 299.51 (5), 299.53 (4) (c) 1., 299.62 (3) (a) and (c), and 299.97 (1), if a regulated entity that qualifies under sub. (2) for participation in the Environmental Compliance Audit Program corrects violations that it discloses in a report that meets the requirements of sub. (3) within 90 days after the department receives the report that meets the requirements of sub. (3), the regulated entity may not be required to forfeit more than $500 for each violation, regardless of the number of days during which the violation continues.

AB436,29,13 4. Notwithstanding minimum or maximum forfeitures specified in ss. 29.314 (7), 29.334 (2), 29.604 (5) (a), 29.611 (11), 29.889 (10) (c) 2., 29.969, 29.971 (1) (a), (1m) (a), (3), (3m), (11g) (b), (11m) (b), and (11r) (b), 30.298 (1), (2), and (3), 30.49 (1) (a) and (c), 31.23 (2), 281.75 (19), 281.98 (1), 281.99 (2) (a) 1., 283.91 (2), 285.41 (7), 285.57 (5), 285.59 (8), 285.87 (1), 287.95 (1), (2) (b), and (3) (b), 287.97, 289.96 (2) and (3) (a), 291.97 (1), 292.99 (1) and (1m), 293.81, 293.87 (3) and (4) (a), 295.19 (3) (a) and (b) 1., 295.37 (2), 295.79 (2) and (4), 299.15 (4), 299.51 (5), 299.53 (4) (c) 1., 299.62 (3) (a) and (c), and 299.97 (1), if the department approves a compliance schedule under sub. (6) and the regulated entity corrects the violations according to the compliance schedule, the regulated entity may not be required to forfeit more than $500 for each violation, regardless of the number of days during which the violation continues.

AB436,104 Section 104. 299.95 of the statutes is amended to read:

AB436,30,6 299.95 Enforcement; duty of department of justice; expenses. The attorney general shall enforce chs. 281 to 285 and 289 to 295 and this chapter, except ss. 285.57, 285.59, and 299.64, and all rules, special orders, licenses, plan approvals, permits, and water quality certifications of the department, except those promulgated or issued under ss. 285.57, 285.59, and 299.64 and except as provided in ss. 281.36 (14) (f), 285.86 and 299.85 (7) (am). Except as provided in s. 295.79 (1), the The circuit court for Dane county or for any other county where a violation occurred in whole or in part has jurisdiction to enforce chs. 281 to 285 and 289 to 295 or this chapter or the rule, special order, license, plan approval, permit, or certification by injunctional and other relief appropriate for enforcement. For purposes of this proceeding where chs. 281 to 285 and 289 to 295 or this chapter or the rule, special order, license, plan approval, permit or certification prohibits in whole or in part any pollution, a violation is considered a public nuisance. The department of natural resources may enter into agreements with the department of justice to assist with the administration of chs. 281 to 285 and 289 to 295 and this chapter. Any funds paid to the department of justice under these agreements shall be credited to the appropriation account under s. 20.455 (1) (k).

AB436,105 Section 105. 323.60 (1) (gm) of the statutes is repealed.

AB436,106 Section 106. 323.60 (5) (d) 3. of the statutes is amended to read:

AB436,30,18 323.60 (5) (d) 3. All facilities with 10 or more employees in major group classifications 10 to 13 in the standard industrial classification manual, 1987 edition, published by the U.S. office of management and budget, at which a toxic chemical is used at or above an applicable threshold quantity, except that compliance with the toxic chemical release form requirements under this subdivision is not required for the placement of a toxic chemical in a storage or disposal site or facility that is located at a facility with a permit under ch. 293 or a mining permit under subch. III of ch. 295 if the toxic chemical consists of or is contained in merchantable by-products, as defined in s. 293.01 (7) or 295.41 (25), minerals, as defined in s. 293.01 (8), or refuse, as defined in s. 293.01 (25) or 295.41 (41).

AB436,107 Section 107. 706.01 (9) of the statutes is amended to read:

AB436,30,21 706.01 (9) "Mining company" means any person or agent of a person who has a prospecting permit under s. 293.45 or a mining permit under s. 293.49 or 295.58.

AB436,108 Section 108. 710.02 (2) (d) of the statutes is amended to read:

AB436,30,24 710.02 (2) (d) An exploration mining lease as defined in s. 107.001 (1) and land used for mining and associated activities under chs. 293 and 295.

AB436,109 Section 109. 2013 Wisconsin Act 1, section 103 is repealed.

AB436,110 Section 110. Nonstatutory provisions.

AB436,31,4 (1) If the department of natural resources has promulgated rules under 2013 Wisconsin Act 1, section 103, on or before the effective date of this subsection, the department of natural resources shall promulgate rules that do all of the following:

AB436,31,6 (a) Revise the rules promulgated under 2013 Wisconsin Act 1, section 103 (1) (a) so that those rules apply to ferrous metallic mining.

AB436,31,9 (b) Revise the rules promulgated under 2013 Wisconsin Act 1, section 103 (1) (b) so that those rules are consistent with the repeal by this act of subchapter III of chapter 295 of the statutes.

AB436,31,12 (c) Revise the rules promulgated under 2013 Wisconsin Act 1, section 103 (1) (c) so that the exemptions specified in those rules do not apply to ferrous mining and associated activities.

AB436,31,19 (2) The department of natural resources shall present the statement of scope of the rules required under subsection (1 ) to the governor for approval under section 227.135 (2) of the statutes no later than the 30th day after the effective date of this paragraph. The department of natural resources shall submit in proposed form the rules required under subsection (1 ) to the legislative council staff under section 227.15 (1) of the statutes no later than the first day of the 5th month beginning after the governor approves the statement of scope of the rules.

AB436,31,20 (End)