AB917,133
9Section 133
. 293.13 (2) (c) (intro.) of the statutes is amended to read:
AB917,36,1210
293.13
(2) (c) (intro.) Minimum standards for reclamation of exploration
and
11bulk sampling sites, where appropriate, and for prospecting and mining sites shall
12conform to s. 293.01 (23) and include provision for the following:
AB917,134
13Section 134
. 293.13 (2) (c) 7. of the statutes is amended to read:
AB917,36,1714
293.13
(2) (c) 7. Revegetation to stabilize disturbed soils and prevent air and
15water pollution, with the objective of reestablishing a variety of populations of plants
16and animals indigenous to the area immediately prior to exploration,
bulk sampling, 17prospecting, or mining.
AB917,135
18Section 135
. 293.15 (7m) of the statutes is repealed.
AB917,136
19Section 136
. 293.15 (8) of the statutes is amended to read:
AB917,37,220
293.15
(8) Promulgate rules regulating the production, storage and disposal
21of radioactive waste from exploration,
bulk sampling, prospecting, or mining after
22seeking comments from the department of health services. At a minimum, rules
23promulgated under this subsection shall achieve the margin of safety provided in
24applicable federal statutes and regulations. If the department promulgates rules
1under this subsection, the department shall investigate the need for standards more
2restrictive than the applicable federal statutes and regulations.
AB917,137
3Section 137
. 293.21 (1) (a) of the statutes is amended to read:
AB917,37,54
293.21
(1) (a) “Driller" means a person who performs core, rotary, percussion
5or other drilling involved in exploration for
nonferrous metallic minerals.
AB917,138
6Section 138
. 293.25 (2) (a) of the statutes is amended to read:
AB917,37,147
293.25
(2) (a)
Applicability. Except as provided under par. (b), ss. 293.21 and
8293.81 and rules promulgated under those sections apply to radioactive waste site
9exploration, to activities related to radioactive waste site exploration and to persons
10engaging in or intending to engage in radioactive waste site exploration or related
11activities in the same manner as those sections and rules are applicable to
12nonferrous metallic mineral exploration, to activities related to
nonferrous metallic 13mineral exploration and to persons engaging in or intending to engage in
nonferrous
14metallic mineral exploration or related activities.
AB917,139
15Section 139
. 293.25 (4) of the statutes is amended to read:
AB917,37,2416
293.25
(4) Regulation of exploration and related provisions. Sections
17293.13, 293.15 (1) to (12), 293.85, 293.87 and 293.89 and rules promulgated under
18those sections apply to radioactive waste site exploration, to activities related to
19radioactive waste site exploration and to persons engaging in or intending to engage
20in radioactive waste site exploration or related activities in the same manner as
21those sections and rules are applicable to
nonferrous metallic mineral exploration,
22to activities related to
nonferrous metallic mineral exploration and to persons
23engaging in or intending to engage in
nonferrous metallic mineral exploration or
24related activities.
AB917,140
25Section 140
. 293.26 of the statutes is repealed.
AB917,141
1Section
141. 293.31 (title) of the statutes is amended to read:
AB917,38,2
2293.31 (title)
Preapplication notification; data Data collection.
AB917,142
3Section 142
. 293.31 (1) of the statutes is amended to read:
AB917,39,124
293.31
(1) At least 12 months before filing an application for a prospecting
5permit under s. 293.35 or a mining permit under s. 293.37, a person proposing to
6engage in a prospecting or mining project shall notify the department in writing of
7the intention to apply for a prospecting or mining permit. A person who intends to
8give notice of intent to apply for a prospecting or mining permit may, prior to
9obtaining, collecting, or generating environmental data intended to be used to
10support the permit application, submit to the department the methodology that the
11person intends to use in obtaining, collecting, or generating the data. The
12department shall review the proposed methodology and shall either inform the
13person that the proposed methodology will be accepted by the department or provide
14the person with the methodology that the department requires to be used. The
15department may assess the person submitting the proposed methodology a fee equal
16to the department's costs for reviewing the proposed methodology. If a Any person
17obtains, collects, or generates intending to submit an application for a prospecting
18or mining permit shall notify the department prior to the collection of data or
19information intended to be used to support
a prospecting or mining the permit
20application without obtaining department approval of the person's methodology
21under sub. (4), the department may not exclude any of the data or information that
22consists of application. Specific environmental data which would be pertinent to a
23specific prospecting or mining application, but which was obtained or collected or
24generated prior to the notice of intent to apply for a prospecting or mining permit,
25shall be submitted in writing to the department together with any substantiating
1background information which would assist the department in establishing the
2validity of the data. The department shall review the data and, if it concludes that
3the benefits of permitting the admission of the data outweigh the policy reasons for
4excluding it, and if the data is otherwise admissible, inform the person giving the
5notice of intent to prospect or mine that the data will be accepted by the department.
6Such exclusion shall not relate to general environmental information such as soil
7characteristics, hydrologic conditions, and air and water data contained in
8publications, maps, documents, studies, reports, and similar sources, whether public
9or private, not prepared by or for the applicant.
Such exclusion shall likewise not
10relate to data that is otherwise admissible and collected prior to notification under
11this subsection for purposes of evaluating another site or sites and that is not
12collected with intent to evade the provisions of this section.
AB917,143
13Section 143
. 293.31 (2) of the statutes is amended to read:
AB917,39,1614
293.31
(2) Upon receipt of notification under sub. (1), the department shall give
15public notice of the notification in the same manner as provided under s. 293.43
(2m) 16(3) (b).
AB917,144
17Section 144
. 293.31 (3) of the statutes is amended to read:
AB917,39,2518
293.31
(3) The department shall also receive and consider any comments from
19interested persons received within 45 days after public notice is given under sub. (2)
20as to the information which they believe should be requested from the person giving
21notice of intent to apply for a prospecting or mining permit and the information
22which they believe the department should seek through independent studies.
If the
23department holds a public informational hearing to receive comments from
24interested persons under this section, the hearing shall be completed within 45 days
25after public notice is given under sub. (2).
AB917,145
1Section
145. 293.31 (4) of the statutes is amended to read:
AB917,40,192
293.31
(4) No later than 90 days after the period for receiving and considering 3After the receipt and consideration of comments from interested persons
under sub.
4(3), the department shall inform the person giving notice of intent to apply for a
5prospecting or mining permit of the type and quantity of information that it then
6believes to be needed to support an application and, where applicable, the
7methodology to be used in gathering information. The department shall specifically
8inform the person giving notice of intent to apply for a prospecting or mining permit
9of the type and quantity of information on the characteristics of groundwater
10resources in the area in which prospecting or mining is anticipated to occur which
11the department believes is needed to support an application
, including the
12information that the department believes should be included in the applicant's
13environmental impact report and the information that the department will need to
14prepare an environmental impact statement. The department shall also
inform 15begin informing the person giving notice of intent to apply for a prospecting or mining
16permit
of as to the
timely application date
and other filing requirements for
all other 17approvals, licenses, and permits
relating to the proposed prospecting or mining
18project so as to facilitate the consideration of all other matters at the hearing on the
19prospecting or mining permit.
AB917,146
20Section 146
. 293.31 (4m) of the statutes is repealed.
AB917,147
21Section 147
. 293.32 (4) of the statutes is repealed.
AB917,148
22Section 148
. 293.37 (4) (b) of the statutes is amended to read:
AB917,41,823
293.37
(4) (b) If the department finds that the anticipated life and total area
24of a
nonferrous metallic mineral deposit are of sufficient magnitude that reclamation
25of the mining site consistent with this chapter requires a comprehensive plan for the
1entire affected area, it shall require an operator to submit with the application for
2a mining permit, amended mining site or change in mining or reclamation plan, a
3comprehensive long-term plan showing, in detail satisfactory to the department, the
4manner, location and time for reclamation of the entire area of contiguous land which
5will be affected by mining and which is owned, leased or under option for purchase
6or lease by the operator at the time of application. Where a
nonferrous metallic 7mineral deposit lies on or under the lands of more than one operator, the department
8shall require the operators to submit mutually consistent comprehensive plans.
AB917,149
9Section 149
. 293.37 (5) of the statutes is repealed.
AB917,150
10Section 150
. 293.40 of the statutes is repealed.
AB917,151
11Section 151
. 293.43 (1) of the statutes is amended to read:
AB917,41,1312
293.43
(1) Applicability. This section
, and ch. 227 where it is consistent, shall
13govern all hearings on applications for prospecting or mining permits.
AB917,152
14Section 152
. 293.43 (1m) (b) of the statutes is amended to read:
AB917,42,615
293.43
(1m) (b) Except as provided in this
section paragraph, for all
16department issued approvals, licenses, and permits relating to prospecting or
17mining, including solid waste feasibility report approvals and permits related to air
18and water, to be issued after April 30, 1980, the notice, hearing, and comment
19process provisions, if any, and the time for issuance of decisions shall be controlled
20by this section and ss. 293.45 and 293.49.
If an applicant fails to make application
21for an approval, license, or permit for an activity incidental to prospecting or mining
22in time for notice under this section to be provided, the notice and comment
23requirements, if any, shall be controlled by the specific statutory provisions with
24respect to that application. If notice under those specific statutory notice
25requirements can be given for consideration of the approval, license, or permit at the
1hearing under this section, the application shall be considered at that hearing;
2otherwise, the specific statutory hearing provisions, if any, with respect to that
3application shall control. The substantive requirements for the issuance of any
4approval, permit, or license incidental to prospecting or mining are not affected by
5the fact that a hearing on the approval, permit, or license is conducted as part of a
6hearing under this section.
AB917,153
7Section 153
. 293.43 (2) of the statutes is created to read:
AB917,42,108
293.43
(2) Location. The hearing shall be held in the county where the
9prospecting or mining site, or the largest portion of the prospecting or mining site,
10is located, but may subsequently be adjourned to other locations.
AB917,154
11Section 154
. 293.43 (2m) of the statutes is repealed.
AB917,155
12Section 155
. 293.43 (3) of the statutes is created to read:
AB917,42,2413
293.43
(3) Timing of notice and of hearing; giving of notice. (a) If it is
14determined that a statement under s. 1.11 is not required, the hearing shall be
15scheduled for a date not less than 60 days nor more than 90 days after the
16announcement of that determination, and the scheduling and providing of notice
17shall be completed not later than 10 days following the announcement. Notice of the
18hearing shall be given by mailing a copy of the notice to any known state agency
19required to issue a permit for the proposed operation, to the regional planning
20commission for the affected area, to the county, city, village, and town within which
21any part of the affected area lies, to all persons who have requested this notification
22and, if applicable, to all persons specified under par. (b) 3. and s. 281.35 (5) (b) and
23(6) (f). Written comments may be submitted to the department within 30 days of the
24date of notice.
AB917,43,12
1(b) If it is determined that a statement under s. 1.11 is required, or if an
2environmental impact statement is required under s. 293.39, the department shall
3hold at least one informational meeting regarding the preliminary environmental
4report within 60 days of its issuance. The meeting shall be held not sooner than 30
5days nor later than 60 days after the issuance of the report. The scheduling and
6providing of notice of the meeting shall be completed not later than 10 days following
7the issuance of the preliminary environmental report. A hearing referred to under
8sub. (1m) shall be scheduled for a date not less than 120 days nor more than 180 days
9after the issuance of the environmental impact statement. The scheduling and
10providing of notice of the hearing shall be completed within 30 days from the date
11of issuance of the environmental impact statement. The providing of notice shall be
12accomplished by doing all of the following:
AB917,43,1913
1. Mailing a copy of the notice to all known departments and agencies required
14to grant any permit necessary for the proposed operation, to any regional planning
15commission within which the affected area lies, to the governing bodies of all towns,
16villages, cities and counties within which any part of the proposed prospecting or
17mining site lies, to the governing bodies of any towns, villages, or cities contiguous
18to any town, village, or city within which any part of the proposed prospecting or
19mining site lies and to any interested persons who have requested such notification.
AB917,44,220
2. Publication of a class 2 notice, under ch. 985, utilizing a display advertising
21format, in the weekly newspaper published in the closest geographic proximity to the
22proposed prospecting or mining site, in the newspaper having the largest circulation
23in the county within which the proposed site lies, and in those newspapers published
24in counties contiguous to the county within which the proposed site lies that have a
1substantial circulation in the area of, or adjacent to, the proposed prospecting or
2mining site.
AB917,44,83
3. Mailing a copy of the notice to the U.S. environmental protection agency, U.S.
4army corps of engineers, and other states potentially affected by the proposed
5discharge if a water discharge permit under ch. 283 is to be considered at the hearing
6under this section and to the U.S. environmental protection agency and appropriate
7agencies in other states that may be affected if an air pollution control permit under
8ch. 285 is to be considered at the hearing under this section.
AB917,44,139
(c) Written comments may be submitted by any governmental agency within
1080 days of the date of issuance of the statement under par. (b). Individual persons
11may submit written comments within 120 days of the date of issuance of the
12statement. The last day for receipt of comments shall be specified by the department
13in all notices.
AB917,156
14Section 156
. 293.43 (3m) of the statutes is repealed.
AB917,157
15Section 157
. 293.43 (4) of the statutes is created to read:
AB917,44,2216
293.43
(4) Participation by local governments. Any county, town, village, or
17city receiving notice of the filing of an application in the manner provided under sub.
18(3) (a) or (b) shall refer the application and reclamation plan to a committee
19established under s. 293.33 (1) or (2), if any, for review and comment. Such counties,
20towns, villages, or cities may participate as a party in the hearing on the application
21and may make recommendations on the reclamation plan and future use of the
22project site.
AB917,158
23Section 158
. 293.43 (4m) of the statutes is repealed.
AB917,159
24Section 159
. 293.43 (5) of the statutes is created to read:
AB917,45,9
1293.43
(5) Hearing procedure. (a) At the opening of the hearing, the hearing
2examiner shall advise all persons present of their right to express their views either
3orally or in writing, under oath or otherwise, and of the legal effect of each form of
4testimony. All interested persons, at the hearing or at a time set prior to the hearing,
5shall be given an opportunity, subject to reasonable limitations on the presentation
6of repetitious or irrelevant material, to express their views on any aspect of the
7matters under consideration. The presentation of these views need not be under oath
8nor subject to cross-examination. A written record of unsworn testimony shall be
9made.
AB917,45,1310
(b) Persons who wish to participate as parties shall file a written notice with
11the hearing examiner setting forth their interest at least 30 days prior to the
12scheduled time of the hearing or prior to the scheduled time of any prehearing
13conference, whichever is earlier, unless good cause is shown.
AB917,45,1714
(c) The record shall consist of the contested case portion of the proceeding.
15Views given under par. (a) and all written comments submitted from any source shall
16be placed in the file of the proceeding and shall be given appropriate probative value
17by the hearing examiner or decisionmaker.
AB917,45,1818
(d) Hearings conducted under this section may be continued for just cause.
AB917,45,2519
(e) If evidence of conformance with applicable zoning ordinances as required
20by s. 293.49 (1) (a) 6. is not presented by the time testimony is completed, the
21department shall close the record and continue the hearing. The duration of the
22continuance of the hearing shall be specified by the department at the time the
23continuance begins, after first requesting the applicant to state the anticipated time
24at which the evidence will be provided. The continuance may be extended by the
25department prior to its expiration upon notice to all parties if good cause is shown.
AB917,46,3
1(f) Each approval or denial of a license or permit considered at the hearing
2under this section shall be made in findings of fact, conclusions of law, and an order
3setting forth reasons with clarity and in detail.
AB917,160
4Section 160
. 293.47 (1) (b) of the statutes is amended to read:
AB917,46,95
293.47
(1) (b) “Geologic information" means information concerning
6descriptions of
a nonferrous an ore body, descriptions of reserves, tonnages
, and
7grades of
nonferrous ore, descriptions of a drill core or bulk sample including
8analysis,
and descriptions of drill hole depths, distances
, and similar information
9related to the
nonferrous ore body.
AB917,161
10Section 161
. 293.49 (1) (a) (intro.) of the statutes is amended to read:
AB917,46,1311
293.49
(1) (a) (intro.) Except as provided in sub. (2)
and s. 293.50 and except
12with respect to property specified in s. 41.41 (11), within 90 days of the completion
13of the public hearing record, the department shall issue the mining permit if it finds:
AB917,162
14Section 162
. 293.49 (1) (a) 2m. of the statutes is repealed.
AB917,163
15Section 163
. 293.495 of the statutes is repealed.
AB917,164
16Section
164. 293.50 of the statutes is created to read:
AB917,46,18
17293.50 Moratorium on issuance of permits for mining of sulfide ore
18bodies. (1) In this section:
AB917,46,2419
(a) “Pollution" means degradation that results in any violation of any
20environmental law as determined by an administrative proceeding, civil action,
21criminal action, or other legal proceeding. For the purpose of this paragraph,
22issuance of an order or acceptance of an agreement requiring corrective action or a
23stipulated fine, forfeiture, or other penalty is considered a determination of a
24violation, regardless of whether there is a finding or admission of liability.
AB917,47,2
1(b) “Sulfide ore body" means a mineral deposit in which nonferrous metals are
2mixed with sulfide minerals.
AB917,47,4
3(2) The department may not issue a permit under s. 293.49 for the purpose of
4the mining of a sulfide ore body until all of the following conditions are satisfied:
AB917,47,105
(a) The department determines, based on information provided by an applicant
6for a permit under s. 293.49 and verified by the department, that a mining operation
7has operated in a sulfide ore body which, together with the host nonferrous rock, has
8a net acid generating potential in the United States or Canada for at least 10 years
9without the pollution of groundwater or surface water from acid drainage at the
10tailings site or at the mine site or from the release of heavy metals.
AB917,47,1611
(b) The department determines, based on information provided by an applicant
12for a permit under s. 293.49 and verified by the department, that a mining operation
13that operated in a sulfide ore body which, together with the host nonferrous rock, has
14a net acid generating potential in the United States or Canada has been closed for
15at least 10 years without the pollution of groundwater or surface water from acid
16drainage at the tailings site or at the mine site or from the release of heavy metals.
AB917,47,22
17(2m) (a) The department may not base its determination under sub. (2) (a) or
18(b) on any mining operation that has been listed on the national priorities list under
1942 USC 9605 (a) (8) (B) or any mining operation for which the operator is no longer
20in business and has no successor that may be liable for any contamination from the
21mining operation and for which there are no other persons that may be liable for any
22contamination from the mining operation.
AB917,48,223
(b) The department may not base its determination under sub. (2) (a) or (b) on
24a mining operation unless the department determines, based on relevant data from
25groundwater or surface water monitoring, that the mining operation has not caused
1significant environmental pollution from acid drainage at the tailings site or at the
2mine site or from the release of heavy metals.
AB917,48,4
3(3) This section applies without regard to the date of submission of the permit
4application.
AB917,165
5Section 165
. 293.51 (title) of the statutes is amended to read:
AB917,48,6
6293.51 (title)
Bonds and other security.
AB917,166
7Section 166
. 293.51 (1) of the statutes is amended to read:
AB917,48,238
293.51
(1) Upon notification that an application for a prospecting or mining
9permit has been approved by the department but prior to commencing prospecting
10or mining, the operator shall file with the department a bond conditioned on faithful
11performance of all of the requirements of this chapter and all rules adopted by the
12department under this chapter. The bond shall be furnished by a surety company
13licensed to do business in this state. In lieu of a bond, the operator may deposit cash,
14certificates of deposit
, or government securities with the department. Interest
15received on certificates of deposit and government securities shall be paid to the
16operator. The amount of the bond or other security required shall be equal to the
17estimated cost to the state of fulfilling the reclamation plan, in relation to that
18portion of the site that will be disturbed by the end of the following year. The
19estimated cost of reclamation of each prospecting or mining site shall be determined
20by the department on the basis of relevant factors including, but not limited to,
21expected changes in the price index, topography of the site, methods being employed,
22depth and composition of overburden and depth of
nonferrous metallic mineral
23deposit being mined.
AB917,167
24Section 167
. 293.51 (1g) of the statutes is repealed.
AB917,168
25Section 168
. 293.51 (1m) of the statutes is repealed.
AB917,169
1Section
169. 293.51 (1r) of the statutes is repealed.
AB917,170
2Section 170
. 293.51 (3) of the statutes is amended to read:
AB917,49,63
293.51
(3) Upon approval of the operator's bond
or other security under subs.
4(1), (1g), (1m), and (1r), mining application, and certificate of insurance, the
5department shall issue written authorization to commence mining at the permitted
6mining site in accordance with the approved mining and reclamation plans.
AB917,171
7Section 171
. 293.51 (5) of the statutes is repealed.
AB917,172
8Section 172
. 293.55 (1) (c) of the statutes is amended to read:
AB917,49,129
293.55
(1) (c)
Substantial changes. The department shall determine if any
10change in the mining or reclamation plans is substantial and provide notice of its
11determination in the same manner as specified under s. 293.43
(2m) (b) (3) (b) 1. to
123.
AB917,173
13Section 173
. 293.55 (1) (d) of the statutes is amended to read:
AB917,49,1914
293.55
(1) (d)
Notice. The department shall provide notice of any modification
15which involves an increase or decrease in the area of a mining site or a substantial
16change in the mining or reclamation plan in the same manner as an original
17application for a mining permit under s. 293.43
(2m)
(3). If 5 or more interested
18persons do not request a hearing in writing within 30 days of notice, no hearing is
19required on the modification. The notice shall include a statement to this effect.
AB917,174
20Section 174
. 293.65 (3) (a) of the statutes is amended to read:
AB917,49,2521
293.65
(3) (a) An approval under s. 281.34 is required to withdraw groundwater
22for prospecting or mining or to dewater mines if the capacity and rate of withdrawal
23of all wells involved in the withdrawal of groundwater or the dewatering of mines
24exceeds 100,000 gallons each day. A permit under s. 283.31 is required to discharge
25pollutants resulting from the dewatering of mines.
AB917,175
1Section
175. 293.65 (3) (b) of the statutes is amended to read:
AB917,50,232
293.65
(3) (b) The department may not issue an approval under s. 281.34 if the
3withdrawal of groundwater for prospecting or mining purposes or the dewatering of
4mines will result in the unreasonable detriment of public or private water supplies
5or the unreasonable detriment of public rights in the waters of the state. No
6withdrawal of groundwater
for prospecting or mining purposes or
the dewatering of
7mines may be made to the unreasonable detriment of public or private water supplies
8or the unreasonable detriment of public rights in the waters of the state.
9Notwithstanding any limitation on approval conditions in s. 281.34, if the
10department determines that a proposed withdrawal of groundwater or dewatering
11of mines will result in the unreasonable detriment of public or private water supplies
12or the unreasonable detriment of public rights in the waters of the state the
13department shall include conditions in the mining or prospecting permit or in an
14approval issued under s. 281.34 to ensure that the withdrawal or dewatering will not
15result in the unreasonable detriment of public or private water supplies or the
16unreasonable detriment of public rights in the waters of the state. These conditions
17may include a requirement that the applicant for the mining or prospecting permit
18or approval under s. 281.34 provide a replacement water supply of similar quality,
19provide an increased amount of water to the water supply, or temporarily augment
20the quantity of water in, or flowing into or from, the affected waters of the state that
21is of substantially similar quality and that has substantially similar characteristics
22to the water that was in the affected waters of the state before any proposed mining
23or prospecting activity began.