1995 Wisconsin Act 227

Note: Some portions of new ch. 292, remedial action, are taken from current ss. 144.43 to 144.47 and 144.60 to 144.74. However, ch. 292 is not included in the cross-reference in new s. 293.15 (11) because the remedial action statutes are not the source of statutory authority for groundwater quality and quantity standards, and because new ch. 292 includes additional material that is not taken from current ss. 144.43 to 144.47 and 144.60 to 144.74.

227,749 Section 749 . 144.83 (5) of the statutes is renumbered 293.15 (12) and amended to read:

293.15 (12) The department may require Require all persons under its jurisdiction to submit such informational reports as the department deems necessary for performing its duties under ss. 144.80 to 144.94 this chapter.

227,750 Section 750 . 144.83 (6) of the statutes is renumbered 293.85, and 293.85 (1) and (2), as renumbered, are amended to read:

293.85 (1) The prospecting permit for a prospecting site that is the site of a violation of ss. 144.80 to 144.94 this chapter.

(2) The mining permit for a mining site that is the site of a violation of ss. 144.80 to 144.94 this chapter.

227,751 Section 751 . 144.831 (title) of the statutes is renumbered 293.31 (title) and amended to read:

293.31 (title) Data collection ; monitoring.

227,752 Section 752 . 144.831 (1) to (6) of the statutes are renumbered 293.31 (1) to (6), and 293.31 (2), as renumbered, is amended to read:

293.31 (2) Upon receipt of notification under sub. (1), the department shall give public notice of the notification in the same manner as provided under s. 144.836 293.43 (3) (b).

227,753 Section 753 . 144.831 (7) of the statutes is renumbered 293.45 (3) and amended to read:

293.45 (3) The department, in granting a permit under s. 144.84 or 144.85 this section, shall require the permit holder to perform adequate monitoring of environmental changes during the course of the permitted activity and for such additional period of time as is necessary to satisfactorily complete reclamation and completely release the permit holder from any bonds required.

Note: Current s. 144.831 (7), which applies to both prospecting and mining permits, is renumbered and amended to apply only to prospecting permits. An identical provision is created in s. 293.49 (7) for mining permits.

227,754 Section 754 . 144.831 (8) of the statutes is renumbered 293.15 (13) and amended to read:

293.15 (13) The department may monitor Monitor environmental changes concurrently with the permit holder under sub. (7) s. 293.45 (3) or 293.49 (7), and for such additional period of time after the full bond is released under s. 144.90 293.63 (3) as is necessary for the site to return to a state of environmental stability. The department may conduct independent studies to monitor environmental changes.

227,755 Section 755 . 144.832 of the statutes is renumbered 293.21.

227,756 Section 756 . 144.833 of the statutes, as affected by 1995 Wisconsin Act 27, is renumbered 293.25, and 293.25 (1) (intro.), (2) (a) and (b), (3), (4) and (5), as renumbered, are amended to read:

293.25 (1) Definitions. (intro.) As used in In this section and for the purposes of determining the applicability of ss. 144.83, 144.832, 144.88 and 144.93 to 144.94 293.13, 293.15 (1) to (12), 293.21, 293.81, 293.87, 293.89, 293.93 and 293.95:

(2) (a) Applicability. Except as provided under par. (b), ss. 144.832 293.21 and 144.88 293.81 and rules promulgated under those sections apply to radioactive waste site exploration, to activities related to radioactive waste site exploration and to persons engaging in or intending to engage in radioactive waste site exploration or related activities in the same manner as those sections and rules are applicable to mineral exploration, to activities related to mineral exploration and to persons engaging in or intending to engage in mineral exploration or related activities.

(b) Exception. Notwithstanding par. (a) and s. 144.832 293.21 (3), the department may waive the bond requirement for a person who is authorized to engage in radioactive waste site exploration by a federal agency if the federal agency provides sufficient guarantees that the person or the federal agency will comply with the requirements of the department relating to termination. Notwithstanding par. (a) and s. 144.832 293.21 (3), the department may require a bond in an amount in excess of the amount specified under s. 144.832 293.21 (3) (a) to ensure that sufficient funds are available to comply with termination requirements or to abate or remedy any environmental pollution or danger to public health, safety or welfare resulting from radioactive waste site exploration.

(3) Approval required prior to drilling. No person may engage in radioactive waste site exploration by drilling on a parcel unless notice is provided as required under sub. (2) and s. 144.832 293.21 (4) (a) and unless the department issues a written approval authorizing drilling on that parcel. If the person seeking this approval is the federal department of energy or an agent or employe of the federal department of energy, the department may not issue the approval unless the public service commission certifies that the federal department of energy and its agents or employes have complied with any requirement imposed by the public service commission under s. 196.497 or any agreement entered into under that section.

(4) Regulation of exploration and related provisions. Sections 144.83, 144.93 and 144.935 293.13, 293.15 (1) to (12), 293.85, 293.87 and 293.89 and rules promulgated under those sections apply to radioactive waste site exploration, to activities related to radioactive waste site exploration and to persons engaging in or intending to engage in radioactive waste site exploration or related activities in the same manner as those sections and rules are applicable to mineral exploration, to activities related to mineral exploration and to persons engaging in or intending to engage in mineral exploration or related activities.

(5) Groundwater regulations. A person engaging in radioactive waste site exploration shall comply with any restrictions or prohibitions concerning the pollution or contamination of groundwater under ss. 144.025 or 144.80 to 144.94 this chapter, subch. II of ch. 281 or ch. 147 283 or any rule or order promulgated under those sections chapters or that chapter subchapter.

227,757 Section 757 . 144.834 (title) of the statutes is repealed.

227,758 Section 758 . 144.834 (1) and (2) of the statutes are renumbered 293.35 (2) and (3) and amended to read:

293.35 (2) A reclamation plan shall accompany all applications for prospecting or mining permits. If it is physically or economically impracticable or environmentally or socially undesirable for the reclamation process to return the affected area to its original state, the plan shall set forth the reasons therefor and shall discuss alternative conditions and uses to which the affected area can be put.

(3) The reclamation plan shall specify how the applicant intends to accomplish, to the fullest extent possible, compliance with the minimum standards under s. 144.83 293.13 (2) (c).

Note: Current s. 144.834 (1) and (2), which apply to both prospecting and mining permits, are renumbered and amended to apply only to prospecting permits. An identical provision is created in s. 293.37 (3) for mining permits.

227,759 Section 759 . 144.836 (title) of the statutes is renumbered 293.43 (title).

227,760 Section 760 . 144.836 (intro.), (1), (2), (3) and (4) of the statutes are renumbered 293.43 (1), (1m), (2), (3) and (5), and 293.43 (1m) (b), (3) (a) and (b) (intro.) and 3. and (5) (e), as renumbered, are amended to read:

293.43 (1m) (b) Except as provided in this paragraph, for all department issued approvals, licenses and permits relating to prospecting or mining including solid waste feasibility report approvals and permits related to air and water, to be issued after April 30, 1980, the notice, hearing and comment provisions, if any, and the time for issuance of decisions, shall be controlled by this section and ss. 144.84 293.45 and 144.85 293.49. If an applicant fails to make application for an approval, license or permit for an activity incidental to prospecting or mining in time for notice under this section to be provided, the notice and comment requirements, if any, shall be controlled by the specific statutory provisions with respect to that application. If notice under those specific statutory notice requirements can be given for consideration of the approval, license or permit at the hearing under this section, the application shall be considered at that hearing; otherwise, the specific statutory hearing provisions, if any, with respect to that application shall control. The substantive requirements for the issuance of any approval, permit or license incidental to prospecting or mining are not affected by the fact that a hearing on the approval, permit or license is conducted as part of a hearing under this section.

(3) (a) If it is determined that a statement under s. 1.11 is not required, the hearing shall be scheduled for a date not less than 60 days nor more than 90 days after the announcement of that determination, and the scheduling and providing of notice shall be completed not later than 10 days following the announcement. Notice of the hearing shall be given by mailing a copy of the notice to any known state agency required to issue a permit for the proposed operation, to the regional planning commission for the affected area, to the county, city, village and town within which any part of the affected area lies, to all persons who have requested this notification and, if applicable, to all persons specified under par. (b) 3. and s. 144.026 281.35 (5) (b) and (6) (f). Written comments may be submitted to the department within 30 days of the date of notice.

(b) (intro.) If it is determined that a statement under s. 1.11 is required, or if an environmental impact statement is required under s. 144.852 293.39, the department shall hold at least one informational meeting regarding the preliminary environmental report within 60 days of its issuance. The meeting shall be held not sooner than 30 days nor later than 60 days after the issuance of the report. The scheduling and providing of notice of the meeting shall be completed not later than 10 days following the issuance of the preliminary environmental report. A hearing referred to under sub. (1) (1m) shall be scheduled for a date not less than 120 days nor more than 180 days after the issuance of the environmental impact statement. The scheduling and providing of notice of the hearing shall be completed within 30 days from the date of issuance of the environmental impact statement. The providing of notice shall be accomplished by:

3. Mailing a copy of the notice to the U.S. environmental protection agency, U.S. army corps of engineers and other states potentially affected by the proposed discharge if a water discharge permit under ch. 147 283 is to be considered at the hearing under this section and to the U.S. environmental protection agency and appropriate agencies in other states which may be affected if an air pollution control permit under ss. 144.30 to 144.426 ch. 285 is to be considered at the hearing under this section.

(5) (e) If evidence of conformance with applicable zoning ordinances as required by s. 144.85 (5) (a) 1. f. 293.49 (1) (a) 6. is not presented by the time testimony is completed, the department shall close the record and continue the hearing. The duration of the continuance of the hearing shall be specified by the department at the time the continuance begins, after first requesting the applicant to state the anticipated time at which the evidence will be provided. The continuance may be extended by the department prior to its expiration upon notice to all parties if good cause is shown.

227,761 Section 761 . 144.838 (title) and (1) to (4) of the statutes are renumbered 293.33 (title) and (1) to (4), and 293.33 (1) (g) and (3), as renumbered, are amended to read:

293.33 (1) (g) Negotiating a local agreement under s. 144.839 293.41 (3).

(3) Persons giving notice under s. 144.831 293.31 (1) shall thereafter appoint a liaison person to any committee established under sub. (1) or (2), and shall provide such reasonable information as is requested by the committee. Operators and persons giving notice under s. 144.831 293.31 shall thereafter make reasonable efforts to design and operate mining operations in harmony with community development objectives.

227,762 Section 762 . 144.838 (5) of the statutes is renumbered 293.43 (4) and amended to read:

293.43 (4) (title) Participation by local governments. Any county, town, village or city receiving notice of the filing of an application in the manner provided under s. 144.836 sub. (3) (a) or (b) shall refer the application and reclamation plan to a committee established under sub. s. 293.33 (1) or (2), if any, for review and comment. Such counties, towns, villages or cities may participate as a party in the hearing on the application and may make recommendations on the reclamation plan and future use of the project site.

227,763 Section 763 . 144.839 of the statutes is renumbered 293.41, and 293.41 (3), as renumbered, is amended to read:

293.41 (3) A county, town, village, city or tribal government may authorize the local impact committee appointed under s. 144.838 293.33 to negotiate an agreement under this section, but the agreement may not take effect until approved by the county, town, village, city or tribal government in accordance with sub. (4).

227,764 Section 764 . 144.84 (title) of the statutes is repealed.

227,765 Section 765 . 144.84 (1) of the statutes is renumbered 293.35 (1) and amended to read:

293.35 (1) No person may engage in prospecting without securing a prospecting permit issued under this section s. 293.45. Application for prospecting permits shall be made in writing to the department upon forms prepared and furnished by the department. An application must be made, and a prospecting permit obtained for each separate prospecting site. Applications shall be submitted in reproducible form in such multiples as required by rules of the department. As a part of each application for a prospecting permit, the applicant shall furnish a description of the proposed prospecting site, the number of acres in the proposed prospecting site, a prospecting plan, a reclamation plan meeting the requirements of s. 144.834 subs. (2) and (3) and a timetable for reclamation, information relating to whether the area may be unsuitable for prospecting or surface mining, unless the applicant conclusively certifies that he or she will not subsequently make application for a permit to conduct surface mining at the site and such other relevant information as the department may require, including information as to whether the applicant, its parent corporation, any of its principal shareholders or members, or any of the applicant's subsidiaries or affiliates in which the applicant owns more than a 40% interest, has forfeited any mining bonds in other states within the last 20 years, and the dates and locations, if any.

(4) An application shall be accompanied by such fee as is required by the department by rule which shall cover the estimated cost of evaluating the prospecting permit application. After completing its evaluation, the department shall revise the fee to reflect the actual cost of evaluation. The fee may be revised for persons to reflect the payment of fees for the same services to meet other requirements.

227,766 Section 766 . 144.84 (2) and (3) of the statutes are renumbered 293.45 (1) and (2) and amended to read:

293.45 (1) The department shall issue a prospecting permit under this section to an applicant within 60 days following the date of the completion of the hearing record if, on the basis of the application, the department's investigation and hearing and any written comments, it finds that the site is not unsuitable for prospecting or, absent a certification under sub. (1), surface mining, the department has approved the prospecting plan and the reclamation plan complies with ss. 144.83 293.13 (2) and 144.834 293.35 (2) and (3) and rules promulgated under ss. 144.83 293.13 (2) and 144.834 293.35 (2) and (3). The department may modify any part of the application or reclamation plan and approve it as modified. Except as otherwise provided in ss. 144.80 to 144.94 this chapter, prospecting permits shall be valid for the life of the project, unless canceled under s. 144.83 (6) or 144.91 293.83 (1) or (3) or 293.85 or revoked under s. 144.93 293.87 (2) or (3).

Note: The requirement for the DNR to approve the prospecting plan before issuing the prospecting permit is moved here from its current location in the definition of “prospecting plan". See s. 144.81 (13m), renumbered as s. 293.01 (20).

(2) The department shall deny a prospecting permit within 60 days following the date of the completion of the hearing record if it finds that the site is unsuitable for prospecting or, absent certification under sub. s. 293.35 (1), surface mining, or the reclamation plan, including the bond, does not comply with ss. 144.83 293.13 (2) and 144.834 293.35 (2) and (3) and rules promulgated under ss. 144.83 293.13 (2) and 144.834 293.35 (2) and (3) or that the applicant is in violation of ss. 144.80 to 144.94 this chapter or any rules adopted under ss. 144.80 to 144.94 this chapter. If the applicant has previously failed and continues to fail to comply with ss. 144.80 to 144.94 this chapter, or if the applicant has within the previous 20 years forfeited any bond posted in accordance with prospecting or mining activities in this state, unless by mutual agreement with the state, the department may not issue a prospecting permit. The department may not issue a prospecting permit if it finds that any officer, director or manager of the applicant has, while employed by the applicant, the applicant's parent corporation, any of the applicant's principal shareholders or members, or any of the applicant's subsidiaries or affiliates, in which the applicant owns more than a 40% interest, within the previous 20 years forfeited any bond posted in accordance with prospecting or mining activities in this state unless by mutual agreement with the state. In this paragraph subsection, “forfeited any bond" means the forfeiture of any performance security occasioned by noncompliance with any prospecting or mining laws or implementing rules. If an application for a prospecting permit is denied, the department, within 30 days from the date of application denial, shall furnish to the applicant in writing the reasons for the denial.

227,767 Section 767 . 144.84 (4) of the statutes is renumbered 293.53 (1).

227,768 Section 768 . 144.84 (5) of the statutes is renumbered 293.35 (5).

227,769 Section 769 . 144.85 (title) of the statutes is repealed.

227,770 Section 770 . 144.85 (1) (a) and (b) of the statutes are renumbered 293.37 (1) (a) and (b), and 293.37 (1) (a), as renumbered, is amended to read:

293.37 (1) (a) No operator may engage in mining or reclamation at any mining site that is not covered by a mining permit and by written authorization to mine under s. 144.86 293.51 (3). Applications for mining permits shall be made in writing and in reproducible form to the department upon forms prepared and furnished by it and in such multiples as required by rule of the department. An application shall be made, and a mining permit obtained for each separate mining site. No application for surface mining at a site may be entertained by the department if within the previous 5 years the applicant, or a different person who had received a prospecting permit for the site had certified under s. 144.84 293.35 (1) that he or she would not subsequently make application for a permit to conduct surface mining at the site.

227,771 Section 771 . 144.85 (1) (c) of the statutes is renumbered 293.49 (8).

227,772 Section 772 . 144.85 (2) (a) of the statutes is renumbered 293.37 (5).

227,773 Section 773 . 144.85 (2) (b) of the statutes is renumbered 293.49 (6) and amended to read:

293.49 (6) Except as otherwise provided in ss. 144.87 to 144.91 293.53 (2), 293.55 to 293.59, 293.63, 293.81 and 293.83, mining permits shall be valid for the life of the project unless canceled under s. 144.83 (6) or 144.91 293.83 (1) or (3) or 293.85 or revoked under s. 144.93 293.87 (2) or (3).

227,774 Section 774 . 144.85 (3) (intro.), (a), (b), (c), (d), (e), (f) and (g) of the statutes are renumbered 293.37 (2) (intro.), (a), (b), (c), (d), (e), (f) and (h), and 293.37 (2) (b), (d) and (f), as renumbered, are amended to read:

293.37 (2) (b) In addition to the information and maps otherwise required by this subsection, a detailed reclamation plan showing the manner, location and time for reclamation, including ongoing reclamation during mining, of the proposed mining site. The reclamation plan shall be accompanied by a map subject to the requirements in par. (a) which shall show the specific reclamation proposal for each area of the site. The reclamation plan shall conform to any applicable comprehensive plan created under sub. (4) (b), and to any applicable minimum standard created under ss. 144.83 293.13 (2) and 144.834 293.35 (2) and (3).

(d) Evidence satisfactory to the department that the applicant has applied for necessary approvals and permits under all applicable zoning ordinances and that the operator has applied for the necessary approval, licenses or permits required by the department including, but not limited to, those under chs. 30, 31, 107, 147 280 to 285, 289 to 292, 295 and 162 299 and this chapter.

(f) Information relating to whether unsuitability may exist for surface mining to the extent not fully considered under s. 144.84 293.45.

227,775 Section 775 . 144.85 (4) (a) and (b) of the statutes are renumbered 293.37 (4) (a) and (b), and 293.37 (4) (b), as renumbered, is amended to read:

293.37 (4) (b) If the department finds that the anticipated life and total area of a mineral deposit are of sufficient magnitude that reclamation of the mining site consistent with ss. 144.80 to 144.94 this chapter requires a comprehensive plan for the entire affected area, it shall require an operator to submit with the application for a mining permit, amended mining site or change in mining or reclamation plan, a comprehensive long-term plan showing, in detail satisfactory to the department, the manner, location and time for reclamation of the entire area of contiguous land which will be affected by mining and which is owned, leased or under option for purchase or lease by the operator at the time of application. Where a mineral deposit lies on or under the lands of more than one operator, the department shall require the operators to submit mutually consistent comprehensive plans.

227,776 Section 776 . 144.85 (4) (c) of the statutes is renumbered 293.37 (2) (g) and amended to read:

293.37 (2) (g) The department shall require an applicant to describe A description of any land contiguous to the proposed mining site which he or she owns, leases or has an option to purchase or lease.

227,777 Section 777 . 144.85 (5) (a) of the statutes, as affected by 1995 Wisconsin Act 27, is renumbered 293.49 (1), and 293.49 (1) (a) 1. and 3. and (b), as renumbered, are amended to read:

293.49 (1) (a) 1. The mining plan and reclamation plan are reasonably certain to result in reclamation of the mining site consistent with ss. 144.80 to 144.94 this chapter and any rules adopted under ss. 144.80 to 144.94 this chapter and the department has approved the mining plan.

Note: The requirement for the DNR to approve the mining plan before issuing the mining permit is moved here from its current location in the definition of “mining plan". See s. 144.81 (6), renumbered as s. 293.01 (10).

3. In the case of a surface mine, the site is not unsuitable for mining. The preliminary determination that a site was not unsuitable for mining under s. 144.84 293.45 may not be conclusive in the determination of the site's suitability for mining under this section. However, at the hearing held under this section and s. 144.836 293.43, testimony and evidence submitted at the prospecting permit proceeding relevant to the issue of suitability of the proposed mining site for surface mining may be adopted, subject to the opportunity for cross-examination and rebuttal, if not unduly repetitious.

(b) Each approval or denial shall be made in findings of fact, conclusions of law and an order setting forth reasons with clarity and in detail. The department may modify the operator's proposed mining or reclamation plans in order to meet the requirements of ss. 144.80 to 144.94 this chapter, and, as modified, grant its approval.

227,778 Section 778 . 144.85 (5) (b) of the statutes is renumbered 293.49 (2), and 293.49 (2) (b) and (d) 3., as renumbered, are amended to read:

293.49 (2) (b) That the applicant has violated and continues to fail to comply with ss. 144.80 to 144.94 this chapter or any rule adopted under those sections this chapter.

(d) 3. The applicant included in its permit application under sub. s. 293.37 (1) a plan to prevent the occurrence in this state of events similar to the events that directly resulted in the convictions.

227,779 Section 779 . 144.85 (5) (bm) of the statutes is renumbered 293.49 (3) and amended to read:

293.49 (3) The department may not deny a mining permit under par. (b) 3. to 6. sub. (2) (c) to (f) if the person subject to the convictions, forfeiture, permanent revocation, bankruptcy or dissolution is a related person but the applicant shows that the person was not the parent corporation of the applicant, a person that holds more than a 30% ownership in the applicant, or a subsidiary or affiliate of the applicant in which the applicant holds more than a 30% interest at the time of the convictions, forfeiture, permanent revocation, bankruptcy or dissolution.

227,780 Section 780 . 144.85 (5) (c) of the statutes is renumbered 293.39 (3) and amended to read:

293.39 (3) To the extent that an environmental impact statement on a prospecting permit application under s. 144.84 293.35, if prepared, fully considered unsuitability of the prospecting site for surface mining by virtue of unique features of the land as enumerated in s. 144.81 (18) 293.01 (28), that portion of the previous impact statement may be adopted in the impact statement on the mining permit application.

227,781 Section 781 . 144.85 (5) (d) and (e) of the statutes are renumbered 293.49 (4) and (5) and amended to read:

293.49 (4) The prior issuance of a prospecting permit under s. 144.84 293.45 for all or part of a site shall, in and of itself, be given no weight in the decision to grant or deny a mining permit under this section, and the department must find, in any order granting, or granting with conditions, a mining permit that no weight was given in the decision to the prior issuance of a prospecting permit. However, to the extent that testimony and evidence submitted at the prospecting permit proceedings is relevant to the issue of whether to grant or deny a mining permit, the testimony and evidence may be adopted in the mining permit proceedings, subject to the opportunity for cross-examination and rebuttal to the extent that the testimony and evidence are not unduly repetitious.

(5) The department shall send its statement, together with a copy of its rules and finding as to whether the applicant has otherwise satisfied the requirements of ss. 144.80 to 144.94 this chapter, to the applicant and to the other parties.

227,782 Section 782 . 144.852 of the statutes is renumbered 293.39, and 293.39 (1), as renumbered, is amended to read:

293.39 (1) The department shall prepare an environmental impact statement for every mining permit under s. 144.85 293.49. In preparing the environmental impact statement, the department shall comply with sub. (2) and s. 1.11 (2).

227,783 Section 783 . 144.855 of the statutes is renumbered 293.65, and 293.65 (1), (2) (h) and (i) and (3), as renumbered, are amended to read:

293.65 (1) Scope. This section governs the withdrawal or diversion of groundwaters or surface waters by persons engaged in prospecting or mining. Discharges of waters are subject to ch. 147 283, construction of necessary dams or other structures is subject to chs. 30 and 31 and construction of wells is subject to ch. 162 280, to the extent applicable.

(2) (h) Hearings on applications for diversion permits under this subsection shall be preceded by mailed notice to all parties or affected persons and by publication in the affected area of a class 2 notice, under ch. 985. Hearings may be conducted as part of a hearing on an application for a mining permit under s. 144.85 293.37.

(i) If a hearing on the application for a permit is conducted as a part of a hearing under s. 144.836 293.43, the notice and hearing provisions in that section supersede the notice and hearing provisions of this subsection.

(3) Withdrawal of groundwater; dewatering; permit requirements. (a) An approval under s. 144.025 (2) (e) 281.17 (1) is required to withdraw groundwater 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. 147.02 283.31 is required to discharge pollutants resulting from the dewatering of mines.