Wisconsin Legislature: 134,31

134,27 Section 27. 293.43 (1m) (b) of the statutes is amended to read:

293.43 (1m) (b) Except as provided in this paragraph section, 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, process and the time for issuance of decisions, shall be controlled by this section and ss. 293.45 and 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.

134,28 Section 28. 293.43 (2) of the statutes is repealed.

134,29 Section 29. 293.43 (2m) of the statutes is created to read:

293.43 (2m) Public information and notice. (a) The department shall make available for review in the city, village, or town in which the proposed prospecting or mining site is located, information concerning the proposed prospecting or mining site, including all of the following:

1. The application for the prospecting or mining permit, including the mining plan, reclamation plan, and mining waste site feasibility study and plan of operation.

2. All of the following relating to an approval other than the prospecting or mining permit:

a. The application.

b. A draft approval.

c. Information or summaries relating to the draft approval.

3. The draft environmental impact statement, the environmental impact report, and any additional supporting information used in the department's evaluation of the proposed prospecting or mining.

4. The draft prospecting or mining permit.

5. The department's analyses and preliminary determinations relating to any approval.

(b) Within 30 days after the expiration of the applicable time period under s. 293.40 (3), the department shall distribute a notice that describes the availability of the information under par. (a); the opportunity for written public comment, including an invitation for the submission of written comments by any person within 45 days after the date of the publication of the notice; and the date, time, and location of the public informational hearing and that includes any additional information that a law concerning any approval requires to be provided. The department shall publish the notice as a class 1 notice under ch. 985 and shall publish notice on the department's Internet site. The date on which the department first publishes the notice on its Internet site shall be considered the date of the publication of the notice required to be published under this paragraph. The department shall also send the notice to all of the following:

1. The clerk of any city, village, town, or county with zoning jurisdiction over the proposed prospecting or mining site.

2. The clerk of any city, village, town, or county within whose boundaries any portion of the proposed prospecting or mining site is located.

3. The clerk of any city, village, or town, contiguous to any city, village, or town within whose boundaries any portion of the proposed prospecting or mining site is located.

4. The main public library of each city, village, town, or county with zoning jurisdiction over the proposed mining site or within whose boundaries any portion of the proposed prospecting or mining site is located.

5. Any regional planning commission for the area within which the proposed prospecting or mining site lies.

6. Any state agency that the department knows is required to grant a permit or other authorization necessary for the construction or operation of the proposed prospecting or mining project.

7. The federal environmental protection agency, U.S. army corps of engineers, and states potentially affected by the proposed discharge if a water discharge permit under ch. 283 or a wetland permit that constitutes a water quality certification as required by 33 USC 1341 (a) is to be considered at the public informational hearing.

8. The federal environmental protection agency and appropriate agencies in other states that may be affected if an air pollution control permit under ch. 285 is to be considered at the public informational hearing.

9. If a water withdrawal permit under s. 293.65 for a withdrawal of surface water is to be considered at the public informational hearing, the persons specified in s. 30.18 (4) (a).

10. If an individual permit under s. 30.12 for a structure through which water transferred from the Great Lakes basin would be returned to the source watershed through a stream tributary to one of the Great Lakes is to be considered at the public informational hearing, the governing body of each city, village, and town through which the stream flows or that is adjacent to the stream downstream from the point at which the water would enter the stream.

11. Any person upon request. The department's notice under this subdivision may be given through an electronic notification system established by the department.

12. The applicant.

13. Any other person to whom the department is required to give notice of any proposed determination, application, or hearing concerning an approval under the laws relating to the issuance of any approval or under s. 1.11.

(c) The department shall coordinate the public comment period for the prospecting or mining permit with the public comment period for any other approval for the prospecting or mining operation, except that if an application for an approval is filed too late to allow public comment within the public comment period for the prospecting or mining permit, the department shall issue separate notice, as described in par. (b), for the approval after the application is filed.

134,30 Section 30. 293.43 (3) of the statutes is repealed.

134,31 Section 31. 293.43 (3m) of the statutes is created to read:

293.43 (3m) Informational hearing. The department shall hold a public informational hearing before it approves or denies an application for a prospecting or mining permit and not less than 30 days after the date of the publication of the notice under sub. (2m) (b). The department shall hold the public informational hearing in the county where the majority of the proposed prospecting or mining site is located. The department shall hold a single public informational hearing covering the draft prospecting or mining permit, all other draft approvals, and the draft environmental impact statement, except that if an application for an approval is filed too late to allow the application to be considered at the public informational hearing for the prospecting or mining permit, the department shall hold a separate public informational hearing on the draft approval in the county where the majority of the proposed prospecting or mining site is located not less than 30 days after the date of the publication of a separate notice under sub. (2m) (b) for the approval. The department shall publish the separate notice for the approval on its Internet site not more than 10 days after the application is considered to be complete, which is the 30th day after the department receives the application unless, before that day, the department requests additional information, in which case the application is considered to be complete when the applicant provides the information. A public informational hearing under this subsection is not a contested case hearing under ch. 227.

134,32 Section 32. 293.43 (4) of the statutes is repealed.

134,33 Section 33. 293.43 (4m) of the statutes is created to read:

293.43 (4m) Summary. After considering the comments received under subs. (2m) and (3m) and before acting on the application for the mining permit, the department shall prepare a summary of the comments and the department's response to the comments.

134,34 Section 34. 293.43 (5) of the statutes is repealed.

134,35 Section 35. 293.49 (1) (a) (intro.) of the statutes is amended to read:

293.49 (1) (a) (intro.) Except as provided in sub. (2) and s. 293.50 and except with respect to property specified in s. 41.41 (11), within 90 days of the completion of the public hearing record, the department shall issue the mining permit if it finds:

134,35m Section 35m. 293.49 (1) (a) 2m. of the statutes is created to read:

293.49 (1) (a) 2m. The technology that will be used at the proposed operation is capable of resulting in compliance with all applicable air, groundwater, surface water, and solid and hazardous waste management laws and rules of the department and is reasonably certain to result in compliance with these laws and rules at the proposed mining site.

134,36 Section 36. 293.495 of the statutes is created to read:

293.495 Subsequently filed applications for other approvals. (1) (a) 1. For purposes of this subsection, an application for an approval other than a mining or prospecting permit is considered to be complete on the 30th day after the department receives the application unless, before that day, the department requests additional information, in which case the application is considered to be complete when the applicant provides the information.

2. For purposes of this subsection, an application for a mining or prospecting permit is considered to be complete on the 30th day after the department receives the application unless the department requests additional information under s. 293.40 (2) or (3), in which case the application is considered to be complete when the applicant provides the information.

(b) Except as provided in par. (d), if an applicant files an application for an approval other than a mining or prospecting permit no later than 60 days after the day on which the application for the mining or prospecting permit is complete under par. (a) 2., or more than 60 days after that day but in time to allow the application to be considered at the public informational hearing for the mining or prospecting permit under s. 293.43 (3m), the department shall approve the application and issue the approval, or deny the application, no later than the deadline under s. 293.45 (1) or (2) or 293.49 (1) or (2).

(c) 1. Except as provided in subd. 2., if an applicant files an application for an approval other than a mining or prospecting permit too late to allow the application to be considered at the public informational hearing for the mining or prospecting permit under s. 293.43 (3m) but before the department issues the decision to grant or deny the application for the mining or prospecting permit, the department shall approve the application and issue the approval, or deny the application, after the separate public informational hearing for the approval required under s. 293.43 (3m) and no later than 75 days after the application for the approval is complete under par. (a) 1.

2. Except as provided in par. (d), the department shall approve or deny the application for an approval described in subd. 1. that is an individual permit for which federal law requires the opportunity for public comment or the ability to request a public hearing prior to issuance of the approval after the separate public informational hearing required for the approval under s. 293.43 (3m) and no later than 180 days after the application is complete under par. (a) 1.

(d) The deadlines in pars. (b) and (c) do not apply to an application for an air pollution control permit under s. 285.62 for which the department receives an objection from the federal environmental protection agency under s. 285.62 (6).

(e) The department shall incorporate any approval other than a mining or prospecting permit into a single document with the mining or prospecting permit, unless the application for the approval was filed more than 60 days after the day on which the application for the mining or prospecting permit is complete under par. (a) 2.

(2) The provisions of this chapter concerning public notice, comment, and hearing; issuance of department decisions; effective date of department decisions; review of department decisions; and the duration of approvals apply to any approval, regardless of whether the application is filed before or after the department issues the decision to grant or deny the application for the mining or prospecting permit, notwithstanding any provisions related to those matters in s. 44.40 or 169.25, subch. I or VI of ch. 77, ch. 23, 29, 30, 31, 169, 281, 283, 285, 289, or 291, or rules promulgated under those provisions, except as provided in s. 281.343 (7r) and except that if a withdrawal of surface water or groundwater is subject to regional review or council approval under s. 281.346, the applicable provisions related to regional review or council approval apply.

134,37 Section 37. 293.50 of the statutes is repealed.

134,38 Section 38. 293.51 (title) of the statutes is amended to read:

293.51 (title) Bonds and other security.

134,39 Section 39. 293.51 (1g) of the statutes is created to read:

293.51 (1g) An operator shall maintain proof of financial responsibility ensuring the availability of funds for compliance with the long-term care requirements specified in the waste site feasibility study and plan of operation consistent with the requirements under s. 289.41 except that, notwithstanding s. 289.41 (3), the operator shall furnish the proof of financial responsibility in the form of a bond, cash, certificates of deposit, government securities, or insurance.

134,39k Section 39k. 293.51 (1m) of the statutes is created to read:

293.51 (1m) Upon notification that an application for a mining permit has been approved by the department but prior to commencing mining, the operator shall file with the department a bond issued by a surety company licensed to do business in this state, cash, certificates of deposit, or government security, to cover unforeseen remedial contingencies not otherwise covered by the bonds or other security required under sub. (1) or (1g), including for the provision of a replacement water supply if required under s. 293.65 (4) (d). The amount of the bond or other security required shall be 10 percent of the total amount of the bonds or other security required under subs. (1) and (1g). The operator shall increase, and may decrease, the amount of the bond under this subsection according to any increase or decrease in the amount of the bonds or other security required under subs. (1) or (1g) until the operator ceases to extract material from the mining site, at which point the amount of the bond under this subsection shall remain the same until released by the department. The bond or other security under this subsection shall be released no later than 40 years after the operator ceases to extract material from the mining site.

134,39m Section 39m. 293.51 (1r) of the statutes is created to read:

293.51 (1r) At the time of closure of the mining waste site, the operator shall provide proof of financial responsibility to the department in an amount equal to the reasonably anticipated costs during the period between 40 and 250 years after closure of the mining waste site to repair or replace any engineered cover systems or tailings water management control systems used at the mining site or mining waste site to avoid adverse environmental consequences. At the time that the application for a mining permit is approved, the department shall determine the amount to be paid at the time of closure based on the net present value discounted at a rate of at least 5 percent per year, and identify the reasonably anticipated costs that the amount is intended to cover. The operator shall provide the proof of financial responsibility in the form of a cash deposit, which the department shall segregate and invest in an interest-bearing account; certificates of deposit, government securities, or other interest-bearing forms of security; or proof of establishment of an interest-bearing account, including an escrow account or trust account. The operator or any successor in interest may use the funds or request the department release the funds to cover any reasonably anticipated costs that were identified by the department. The department shall release any remaining funds to the operator or the operator's successor in interest after all of the reasonably anticipated costs that were identified by the department have been incurred, or upon determining that the reasonably anticipated costs are no longer applicable.

134,40 Section 40. 293.51 (3) of the statutes is amended to read:

293.51 (3) Upon approval of the operator's bond or other security under subs. (1), (1g), (1m), and (1r), mining application, and certificate of insurance, the department shall issue written authorization to commence mining at the permitted mining site in accordance with the approved mining and reclamation plans.

134,41 Section 41. 293.51 (5) of the statutes is created to read:

293.51 (5) The department may not require an operator to provide a type or form of financial assurance other than those specified in this section.

134,42 Section 42. 293.55 (1) (c) of the statutes is amended to read:

293.55 (1) (c) Substantial changes. The department shall determine if any change in the mining or reclamation plans is substantial and provide notice of its determination in the same manner as specified under s. 293.43 (3) (2m) (b) 1. to 3.

134,43 Section 43. 293.55 (1) (d) of the statutes is amended to read:

293.55 (1) (d) Notice. The department shall provide notice of any modification which involves an increase or decrease in the area of a mining site or a substantial change in the mining or reclamation plan in the same manner as an original application for a mining permit under s. 293.43 (3) (2m). If 5 or more interested persons do not request a hearing in writing within 30 days of notice, no hearing is required on the modification. The notice shall include a statement to this effect.

134,44 Section 44. 293.65 (3) (b) of the statutes is amended to read:

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. Notwithstanding any limitation on approval conditions in s. 281.34, if the department determines that a proposed withdrawal of groundwater or 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 the department shall include conditions in the mining or prospecting permit or in an approval issued under s. 281.34 to ensure that the withdrawal or dewatering will not result in the unreasonable detriment of public or private water supplies or the unreasonable detriment of public rights in the waters of the state. These conditions may include a requirement that the applicant for the mining or prospecting permit or approval under s. 281.34 provide a replacement water supply of similar quality, provide an increased amount of water to the water supply, or temporarily augment the quantity of water in, or flowing into or from, the affected waters of the state that is of substantially similar quality and that has substantially similar characteristics to the water that was in the affected waters of the state before any proposed mining or prospecting activity began.

134,45 Section 45. 293.66 of the statutes is created to read:

293.66 Groundwater quality. (1) For the site of any activity that will take place under a mining or prospecting permit or under another approval related to a mining or prospecting operation, the department shall determine the depth in the Precambrian bedrock below which the groundwater is not reasonably capable of being used or made suitable for human consumption and is not hydrologically connected to other sources of groundwater that are suitable for human consumption. The department shall notify the applicant of its determination before the department issues a draft environmental impact statement.

(2) For an activity regulated under a mining or prospecting permit or another approval related to the mining or prospecting operation, the department may not apply a groundwater enforcement standard at any point that is deeper than the depth identified under sub. (1).

134,46 Section 46. 293.81 of the statutes is amended to read:

293.81 Exploring, bulk sampling, prospecting, and mining without authorization. Any person who engages in exploration without a license or bulk sampling without the necessary license or approvals shall forfeit not less than $100 nor more than $1,000 for each parcel as defined under s. 293.21 (1) (b) on which unlicensed exploration or bulk sampling without the necessary license or approvals took place. Any person who authorizes or engages in prospecting without a prospecting permit or any operator who authorizes or engages in mining without a mining permit and written authorization to mine under s. 293.51 (3) shall forfeit all profits obtained from such illegal activities and not more than $10,000 for each day during which the mine was in operation. The operator shall be liable to the department for the full cost of reclaiming the affected area of land and any damages caused by the mining operation. Each day's violation of this section shall be deemed a separate offense. If the violator is a corporation, limited liability company, partnership or association, any officer, director, member, manager or partner who knowingly authorizes, supervises or contracts for exploration, bulk sampling, prospecting , or mining shall also be subject to the penalties of this section.

134,47 Section 47. 293.95 of the statutes is repealed and recreated to read:

293.95 Review. (1) Limits on contested case hearings. No person is entitled to a contested case hearing on a decision by the department on an exploration license or relating to bulk sampling. No person is entitled to a contested case hearing on a decision by the department on a mining or prospecting permit application or any other approval, except as provided in subs. (2) and (3).

(2) Contested case hearings; after initial mining or prospecting permit decision or decision on amended plan. (a) Entitlement. 1. A person is entitled to a contested case hearing on a decision by the department related to a mining or prospecting permit for a proposed mining operation, including a decision related to the environmental impact statement for the proposed mining or prospecting operation, or on any decision that is related to an approval associated with the proposed mining or prospecting operation and that is issued no later than the day on which the department issues its decision on the application for the mining or prospecting permit, only if the person is entitled to a contested case hearing on the decision under s. 227.42 and the person requests the hearing within 30 days after the department issues the decision to approve or deny the application for the mining or prospecting permit.

2. A person is entitled to a contested case hearing on a decision by the department related to an amended mining plan, reclamation plan, or mining waste site feasibility study and plan of operation or to any amendment to an approval associated with the amended mining plan, reclamation plan, or mining waste site feasibility study and plan of operation only if the person is entitled to a contested case hearing on the decision under s. 227.42 and the person requests the hearing within 60 days after the department issues the decision to approve or deny the amended mining plan, reclamation plan, or mining waste site feasibility study and plan of operation.

3. All issues raised by all persons requesting a contested case hearing in accordance with subd. 1. or 2. in connection with the same mining or prospecting operation shall be considered in one contested case hearing.

(b) Deadline for decision. The hearing examiner presiding over a contested case hearing under this subsection shall issue a final decision on the case no more than 270 days after the department issues the decision to grant or deny the mining or prospecting permit or to approve or deny the amended mining plan, reclamation plan, or mining waste site feasibility study and plan of operation.

(d) Judicial review. A person seeking judicial review of the decision in a contested case hearing under this subsection shall comply with the requirements for service and filing in s. 227.53 (1) (a) and shall commence the action, in the circuit court for the county in which the majority of the proposed mining or prospecting site is located, no more than 30 days after service of the decision or, if the hearing examiner does not issue a final decision by the deadline under par. (b), no more than 30 days after that deadline.

(3) Contested case hearings on other decisions. A person is entitled to a contested case hearing on a decision by the department related to a mining or prospecting operation that is issued after the department issues the decision to approve the application for the mining or prospecting permit for the mining or prospecting operation, other than a decision described in sub. (2) (a) 2., if the person is entitled to a contested case hearing under s. 227.42 and complies with the requirements for service and filing in s. 227.53 (1) (a).

(4) Venue. Notwithstanding s. 227.53 (1) (a) 3., any person seeking judicial review of the decision on a contested case under sub. (2) or (3) or of any decision of the department related to an exploration, bulk sampling, mining, or prospecting operation shall bring the action in the circuit court for the county in which the majority of the mining or prospecting site is located or in which the majority of the exploration or bulk sampling will occur.

134,48 Section 48. NR 132.06 (4) of the administrative code is repealed.

134,49 Section 49. NR 132.17 (13) of the administrative code is amended to read:

NR 132.17 (13) Tailings transport systems, if not buried, should be designed to provide for emergency tailings conveyance or storage should a pipeline break, plug, freeze or require repairs and be made accessible for inspection, emergency repair and maintenance. Location of emergency spill areas must be consistent with the prevention of environmental pollution of surface waters and with the standards of ss. NR 182.07 (2), 132.06 (4) and s. 132.19. In the event of a power failure, tailing pipelines should be self draining to the tailings area or to an emergency spill area or standby pumps and pipelines or standby power should be provided. In some cases (e.g., a long pipeline over rough country), several spill areas may have to be provided.

134,50 Section 50. NR 132.18 (1) (f) of the administrative code is amended to read:

NR 132.18 (1) (f) Within wetlands, except pursuant to the criteria established in s. NR 132.06 (4) provisions under s. 281.36.

134,51 Section 51. NR 182.07 (1) of the administrative code is renumbered NR 182.07.

134,52 Section 52. NR 182.07 (2) of the administrative code is repealed.

134,53 Section 53. NR 182.08 (2) (d) 8. e. of the administrative code is amended to read: