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. 293.40 of the statutes is repealed.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. 293.43 (2m) of the statutes is repealed.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.
AB917,176
24Section 176
. 293.66 of the statutes is repealed.
AB917,177
25Section 177
. 293.81 of the statutes is amended to read:
AB917,51,16
1293.81 Exploring, bulk sampling, prospecting, and mining without
2authorization. Any person who engages in exploration without a license
or bulk
3sampling without the necessary license or approvals shall forfeit not less than $100
4nor more than $1,000 for each parcel as defined under s. 293.21 (1) (b) on which
5unlicensed exploration
or bulk sampling without the necessary license or approvals 6took place. Any person who authorizes or engages in prospecting without a
7prospecting permit or any operator who authorizes or engages in mining without a
8mining permit and written authorization to mine under s. 293.51 (3) shall forfeit all
9profits obtained from such illegal activities and not more than $10,000 for each day
10during which the mine was in operation. The operator shall be liable to the
11department for the full cost of reclaiming the affected area of land and any damages
12caused by the mining operation. Each day's violation of this section shall be deemed
13a separate offense. If the violator is a corporation, limited liability company,
14partnership or association, any officer, director, member, manager or partner who
15knowingly authorizes, supervises or contracts for exploration,
bulk sampling, 16prospecting, or mining shall also be subject to the penalties of this section.
AB917,178
17Section 178
. 293.86 of the statutes is amended to read:
AB917,52,4
18293.86 Visitorial powers of department. Any duly authorized officer,
19employee or representative of the department may enter and inspect any property,
20premises or place on or at which any prospecting or
metallic mining operation or
21facility is located or is being constructed or installed at any reasonable time for the
22purpose of ascertaining the state of compliance with this chapter and chs. 281, 285,
23289 to 292,
295, and 299,
subchs. I and II of ch. 295, and rules adopted pursuant
24thereto. No person may refuse entry or access to any such authorized representative
25of the department who requests entry for purposes of inspection, and who presents
1appropriate credentials, nor may any person obstruct, hamper or interfere with any
2such inspection. The department shall furnish to the prospector or operator, as
3indicated in the prospecting or mining permit, a written report setting forth all
4observations, relevant information and data which relate to compliance status.
AB917,179
5Section 179
. 293.95 of the statutes is repealed and recreated to read:
AB917,52,7
6293.95 Review. Any person aggrieved by any decision of the department
7under this chapter may obtain its review under ch. 227.
AB917,180
8Section 180
. Chapter 295 (title) of the statutes is amended to read:
AB917,52,1110
NONMETALLIC MINING RECLAMATION;
11
OIL AND GAS
; FERROUS METALLIC MINING
AB917,181
12Section 181
. 295.16 (4) (f) of the statutes is amended to read:
AB917,52,1413
295.16
(4) (f) Any mining operation, the reclamation of which is required in a
14permit obtained under ch. 293
or subch. III of ch. 295.
AB917,182
15Section 182
. Subchapter III of chapter 295 [precedes 295.40] of the statutes
16is repealed.
AB917,183
17Section 183
. 299.85 (7) (a) 2. and 4. of the statutes are amended to read:
AB917,53,618
299.85
(7) (a) 2. Notwithstanding minimum or maximum forfeitures specified
19in ss. 29.314 (7), 29.334 (2), 29.604 (5) (a), 29.611 (11), 29.889 (10) (c) 2., 29.969,
2029.971 (1) (a), (1m) (a), (3), (3m), (11g) (b), (11m) (b), and (11r) (b), 30.298 (1), (2), and
21(3), 30.49 (1) (a) and (c), 31.23 (2), 281.75 (19), 281.98 (1), 281.99 (2) (a) 1., 283.91 (2),
22285.41 (7), 285.57 (5), 285.59 (8), 285.87 (1), 287.95 (1), (2) (b), and (3) (b), 287.97,
23289.96 (2) and (3) (a), 291.97 (1), 292.99 (1) and (1m), 293.81, 293.87 (3) and (4) (a),
24295.19 (3) (a) and (b) 1., 295.37 (2),
295.79 (2) and (4), 299.15 (4), 299.51 (5), 299.53
25(4) (c) 1., 299.62 (3) (a) and (c), and 299.97 (1), if a regulated entity that qualifies
1under sub. (2) for participation in the Environmental Compliance Audit Program
2corrects violations that it discloses in a report that meets the requirements of sub.
3(3) within 90 days after the department receives the report that meets the
4requirements of sub. (3), the regulated entity may not be required to forfeit more than
5$500 for each violation, regardless of the number of days during which the violation
6continues.
AB917,53,177
4. Notwithstanding minimum or maximum forfeitures specified in ss. 29.314
8(7), 29.334 (2), 29.604 (5) (a), 29.611 (11), 29.889 (10) (c) 2., 29.969, 29.971 (1) (a), (1m)
9(a), (3), (3m), (11g) (b), (11m) (b), and (11r) (b), 30.298 (1), (2), and (3), 30.49 (1) (a) and
10(c), 31.23 (2), 281.75 (19), 281.98 (1), 281.99 (2) (a) 1., 283.91 (2), 285.41 (7), 285.57
11(5), 285.59 (8), 285.87 (1), 287.95 (1), (2) (b), and (3) (b), 287.97, 289.96 (2) and (3) (a),
12291.97 (1), 292.99 (1) and (1m), 293.81, 293.87 (3) and (4) (a), 295.19 (3) (a) and (b)
131., 295.37 (2),
295.79 (2) and (4), 299.15 (4), 299.51 (5), 299.53 (4) (c) 1., 299.62 (3) (a)
14and (c), and 299.97 (1), if the department approves a compliance schedule under sub.
15(6) and the regulated entity corrects the violations according to the compliance
16schedule, the regulated entity may not be required to forfeit more than $500 for each
17violation, regardless of the number of days during which the violation continues.
AB917,184
18Section 184
. 299.95 of the statutes is amended to read:
AB917,54,10
19299.95 Enforcement; duty of department of justice; expenses. The
20attorney general shall enforce chs. 281 to 285 and 289 to 295 and this chapter, except
21ss. 285.57, 285.59, and 299.64, and all rules, special orders, licenses, plan approvals,
22permits, and water quality certifications of the department, except those
23promulgated or issued under ss. 285.57, 285.59, and 299.64 and except as provided
24in ss. 281.36 (14) (f), 285.86 and 299.85 (7) (am).
Except as provided in s. 295.79 (1),
25the The circuit court for Dane county or for any other county where a violation
1occurred in whole or in part has jurisdiction to enforce chs. 281 to 285 and 289 to 295
2or this chapter or the rule, special order, license, plan approval, permit, or
3certification by injunctional and other relief appropriate for enforcement. For
4purposes of this proceeding where chs. 281 to 285 and 289 to 295 or this chapter or
5the rule, special order, license, plan approval, permit or certification prohibits in
6whole or in part any pollution, a violation is considered a public nuisance. The
7department of natural resources may enter into agreements with the department of
8justice to assist with the administration of chs. 281 to 285 and 289 to 295 and this
9chapter. Any funds paid to the department of justice under these agreements shall
10be credited to the appropriation account under s. 20.455 (1) (k).
AB917,185
11Section 185
. 323.60 (1) (gm) of the statutes is repealed.
AB917,186
12Section 186
. 323.60 (5) (d) 3. of the statutes is amended to read:
AB917,54,2213
323.60
(5) (d) 3. All facilities with 10 or more employees in major group
14classifications 10 to 13 in the standard industrial classification manual, 1987
15edition, published by the U.S. office of management and budget, at which a toxic
16chemical is used at or above an applicable threshold quantity, except that compliance
17with the toxic chemical release form requirements under this subdivision is not
18required for the placement of a toxic chemical in a storage or disposal site or facility
19that is located at a facility with a permit under ch. 293
or a mining permit under
20subch. III of ch. 295 if the toxic chemical consists of or is contained in merchantable
21by-products, as defined in s. 293.01 (7)
or 295.41 (25), minerals,
as defined in s.
22293.01 (8), or refuse, as defined in s. 293.01 (25)
or 295.41 (41).
AB917,187
23Section 187
. 706.01 (9) of the statutes is amended to read:
AB917,54,2524
706.01
(9) “Mining company" means any person or agent of a person who has
25a prospecting permit under s. 293.45 or a mining permit under s. 293.49
or 295.58.
AB917,188
1Section
188. 710.02 (2) (d) of the statutes is amended to read:
AB917,55,32
710.02
(2) (d) An exploration mining lease as defined in s. 107.001 (1) and land
3used for mining and associated activities
under chs. 293 and 295.
AB917,191
6Section 191
. NR 132.06 (4) of the administrative code is created to read:
AB917,55,237
NR 132.06
(4) The department has been directed, pursuant to ch. 421, laws of
81977, to assure that mining activities conducted in this state result in a minimization
9of disturbance to wetlands. The legislature has also directed, in ch. 377, laws of 1977,
10that department rules relating to metallic mining wastes take into consideration the
11special requirements of metallic mining operations in the location, design,
12construction, operation and maintenance of sites and facilities for the disposal of
13such wastes as well as any special environmental concerns that will arise as a result
14of the disposal of the same. The department has established, in s. NR 1.95 an overall
15framework for its decisions affecting wetlands. It is, therefore, the intent of this
16subsection to implement these directives recognizing that, depending on the location
17and site conditions involved in a particular case, it may be relatively easy to avoid
18entirely the use of wetlands in some cases while being virtually impossible to avoid
19their limited and carefully contemplated use in others and that the goal of the siting
20process shall be the selection of sites that are most favorable taking into account all
21pertinent factors. For purposes, therefore, of administering these directives and
22rules and acting on permits, licenses and approvals, the following standards shall be
23applied: