LRBs0305/3
RCT:kaf:lp
1997 - 1998 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 2,
TO 1997 SENATE BILL 3
November 11, 1997 - Offered by Committee on Environment.
SB3-ASA2,1,3 1An Act to amend 293.49 (1) (a) (intro.); and to create 293.50 of the statutes;
2relating to: issuance of metallic mining permits for the mining of sulfide ore
3bodies.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB3-ASA2, s. 1 4Section 1. 293.49 (1) (a) (intro.) of the statutes is amended to read:
SB3-ASA2,1,75 293.49 (1) (a) (intro.) Except as provided in sub. (2) and s. 293.50 and except
6with respect to property specified in s. 41.41 (11), within 90 days of the completion
7of the public hearing record, the department shall issue the mining permit if it finds:
SB3-ASA2, s. 2 8Section 2. 293.50 of the statutes is created to read:
SB3-ASA2,1,10 9293.50 Moratorium on issuance of permits for mining of sulfide ore
10bodies.
(1) In this section:
SB3-ASA2,2,511 (a) "Pollution" means degradation that results in a violation of an
12environmental law as determined by an administrative proceeding, civil action,

1criminal action or other legal proceeding, if the proceeding or action affords to the
2alleged violator due process rights of notice and an opportunity for a contested
3hearing. For the purpose of this paragraph, a stipulated fine, forfeiture or other
4penalty is considered a determination of a violation, regardless of whether there is
5a finding or admission of liability.
SB3-ASA2,2,76 (b) "Sulfide ore body" means a mineral deposit in which metals are mixed with
7sulfide minerals.
SB3-ASA2,2,10 8(2) Beginning on the effective date of this subsection .... [revisor inserts date],
9the department may not issue a permit under s. 293.49 for the mining of a sulfide ore
10body until all of the following conditions are satisfied:
SB3-ASA2,2,1711 (a) The department determines, based on information that is provided by an
12applicant for a permit under s. 293.49 and is verified by the department, that a
13mining operation in a sulfide ore body that, together with the host rock in which the
14ore body is located and in which the refuse is deposited, is capable of generating acid
15mine drainage operated in the United States or Canada for at least 10 years after
16December 31, 1976, without the pollution of groundwater or surface water from acid
17drainage or the release of heavy metals at the mining waste site or at the mine site.
SB3-ASA2,2,2418 (b) The department determines, based on information that is provided by an
19applicant for a permit under s. 293.49 and is verified by the department, that a
20mining operation in the United States or Canada that operated in a sulfide ore body
21that, together with the host rock in which the ore body is located, is capable of
22generating acid mine drainage has closed at any time without causing, after
23December 31, 1976, pollution of groundwater or surface water from acid drainage or
24the release of heavy metals at the mine site.
SB3-ASA2,3,6
1(c) The department determines, based on information that is provided by an
2applicant for a permit under s. 293.49 and is verified by the department, that the
3mine waste facility proposed by the applicant is designed using technology,
4appropriate for use in this state, that is proven to prevent pollution of groundwater
5and surface water from acid drainage or the release of heavy metals. The
6information may consist of any of the following:
SB3-ASA2,3,87 1. The results of laboratory studies or field demonstrations of the technology
8that the applicant proposes to use for the mining waste facility.
SB3-ASA2,3,119 2. At least 3 case histories from other types of waste facilities at which the
10technology that the applicant proposes to use for the mining waste facility were
11effectively implemented.
SB3-ASA2,3,13 12(3) This section applies without regard to the date of submission of the permit
13application.
SB3-ASA2,3,1414 (End)
Loading...
Loading...