Amendment ASA1-AB426

AB426-ASA1,100,9 c. Information or summaries relating to the approval.

AB426-ASA1,100,12 3. The environmental impact statement, environmental impact report, and any additional supporting information used in the department's evaluation of the proposed mining.

AB426-ASA1,100,14 4. The department's analyses and preliminary determinations relating to any approval.

AB426-ASA1,100,22 (b) 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 notice is published; 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 I notice under ch. 985. The department shall also send the notice to all of the following:

AB426-ASA1,100,24 1. The clerk of any city, village, town, or county with zoning jurisdiction over the proposed mining site.

AB426-ASA1,101,2 2. The clerk of any city, village, town, or county within whose boundaries any portion of the proposed mining site is located.

AB426-ASA1,101,4 3. The clerk of any city, village, or town, contiguous to any city, village, or town within whose boundaries any portion of the proposed mining site is located.

AB426-ASA1,101,7 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 mining site is located.

AB426-ASA1,101,9 5. Any regional planning commission for the area within which the proposed mining site lies.

AB426-ASA1,101,12 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 mining project.

AB426-ASA1,101,16 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 water quality certification for a federal wetland under s. 295.60 (4) is to be considered at the public informational hearing.

AB426-ASA1,101,19 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.

AB426-ASA1,101,22 9. If a water withdrawal permit under s. 295.61 for a withdrawal of surface water is to be considered at the public informational hearing, the persons specified in s. 30.18 (4) (a).

AB426-ASA1,102,3 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.

AB426-ASA1,102,4 11. Any person upon request.

AB426-ASA1,102,5 12. The applicant.

AB426-ASA1,102,8 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.

AB426-ASA1,102,14 (c) The department shall coordinate the public comment period for the mining permit with the public comment period for any other approval for the 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 mining permit, the department shall issue separate notice, as described in par. (b), for the approval after the application is filed.

AB426-ASA1,103,2 (5) Informational hearing. The department shall hold a public informational hearing before issuing or denying a mining permit and not less than 30 days after publishing the notice under sub. (4) (b). The department shall hold the public informational hearing in the county where the majority of the proposed mining site is located. The department shall hold a single public informational hearing covering the mining permit, all other approvals, and the 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 mining permit, the department shall hold a separate public informational hearing on the approval in the county where the proposed site is located not less than 30 days after publishing the notice under sub. (4) (b) for the approval. The public informational hearing under this subsection is not a contested case hearing under ch. 227.

AB426-ASA1,103,6 (6) Summary. After considering the comments received under subs. (4) and (5) 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.

AB426-ASA1,103,10 (7) Deadline for acting on mining permit application. (a) No more than 360 days after the day on which the application for a mining permit is administratively complete under sub. (2), the department shall approve the application, and issue a mining permit, or deny the application, in accordance with s. 295.58.

AB426-ASA1,103,14 (b) If the department does not comply with par. (a), the application for the mining permit is automatically granted and the department shall issue a mining permit. The applicant may engage in mining based on the automatic approval, notwithstanding any delay by the department in issuing the mining permit.

AB426-ASA1,103,21 (8) Deadline for acting on other approvals. (a) Except as provided in par. (c), if an applicant files an application for an approval other than a mining permit no later than 60 days after the day on which the application for the mining permit is administratively complete under sub. (2), the department shall approve the application, and issue the approval, or deny the application no more than 360 days after the day on which the application for the mining permit is administratively complete under sub. (2).

AB426-ASA1,104,3 (b) Except as provided in par. (c) if an applicant files an application for an approval other than a mining permit more than 60 days after the day on which the application for the mining permit is administratively complete under sub. (2), the deadline for acting on the application is extended beyond the deadline under par. (a) by the number of days beyond the 60th day after the day on which the application for the mining permit is administratively complete that the applicant files the application for the approval.

AB426-ASA1,104,5 (c) Paragraphs (a) and (b) do not apply to the application for an air pollution control permit under s. 285.62.

AB426-ASA1,104,9 (d) The department shall incorporate an approval other than a mining permit into a single document with the mining permit, unless the application for the approval was filed more than 60 days after the day on which the application for the mining permit is administratively complete under sub. (2).

AB426-ASA1,104,15 (8m) Submission of technical review to Great Lakes regional body. If an applicant files an application under s. 281.346 for an approval for a withdrawal of surface water or groundwater that is subject to regional review or council approval, the department shall provide its technical review, as defined in s. 281.346 (1) (u), to the regional body, as defined in s. 281.346 (1) (q), no later than 90 days after the applicant files the application for the approval.

AB426-ASA1,104,25 (9) Applicable procedure. The provisions of this section and ss. 295.58 (5) and (6) and 295.77 concerning public notice, comment, and hearing; issuance of department decisions; effective date of department decisions; and review of department decisions; and the duration of approvals apply to any approval, 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, 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.

AB426-ASA1,105,4 295.58 Mining; department grant or denial of permit. (1) Criteria for approval. (a) Except as provided in sub. (2) and except with respect to property specified in s. 41.41 (11), the department shall issue a mining permit if it finds all of the following:

AB426-ASA1,105,6 1. That the mining plan and reclamation plan are reasonably certain to result in reclamation of the mining site consistent with this subchapter.

AB426-ASA1,105,8 2. That the waste site feasibility study and plan of operation complies with s. 295.51.

AB426-ASA1,105,10 3. That the applicant has committed to conducting the proposed mining in compliance with the mining permit and any other approvals issued for the mining.

AB426-ASA1,105,12 4. That the proposed mining is not likely to result in substantial adverse impacts to public health, safety, or welfare.

AB426-ASA1,105,14 5. That the proposed mining will result in a net positive economic impact in the area reasonably expected to be most impacted by the mining.

AB426-ASA1,105,16 6. That the applicant has applied for all necessary zoning approvals applicable to the proposed mining.

AB426-ASA1,106,2 (b) The department shall approve or deny an application for a mining permit in writing and shall include the reasons for its decision with clarity and in detail. The department may modify the applicant's proposed mining plan, reclamation plan, or mining waste site feasibility study and plan of operation in order to meet the requirements of this subchapter, and, as modified, approve the application. The approval of the application for a mining permit constitutes the approval of the mining plan, reclamation plan, and waste site feasibility study and plan of operation. In its decision on the application for a mining permit, the department shall include a final decision on compliance with s. 1.11 and the requirements of s. 295.53, discussing all of the following:

AB426-ASA1,106,4 1. Whether the department has considered the environmental impact statement and comments received on it.

AB426-ASA1,106,5 2. Whether the department has complied with ss. 1.11 and 295.53.

AB426-ASA1,106,8 3. Whether, consistent with social, economic, and other essential considerations, the department has adopted all practicable means within its authority to avoid or minimize any harm to the environment and, if not, why not.

AB426-ASA1,106,10 (2) Criteria for denial. The department shall deny the mining permit if it finds any of the following:

AB426-ASA1,106,11 (a) That the site is unsuitable for mining.

AB426-ASA1,106,13 (b) That the proposed mining may reasonably be expected to create any of the following situations:

AB426-ASA1,106,17 1. Hazards resulting in irreparable, substantial physical damage to any of the following that cannot be prevented under the requirements of this subchapter, avoided to the extent practicable by removal from the area of hazard, or mitigated by purchase or by obtaining the consent of the owner:

AB426-ASA1,106,18 a. A dwelling house.

AB426-ASA1,106,19 b. A public building.

AB426-ASA1,106,20 c. A school.

AB426-ASA1,106,21 d. A church.

AB426-ASA1,106,22 e. A cemetery.

AB426-ASA1,106,23 f. A commercial or institutional building.

AB426-ASA1,106,24 g. A public road.

AB426-ASA1,107,5 2. Irreparable substantial environmental damage to lake or stream bodies despite adherence to the requirements of this subchapter. This subdivision does not apply to an activity that the department has authorized under statute, except that the destruction or filling in of a lake bed may not be authorized unless it is authorized under s. 295.60, 295.605, or 295.61.

AB426-ASA1,107,8 3. Landslides or substantial deposition from the proposed mining operation in stream or lake beds which cannot feasibly be prevented and which have not been authorized under s. 295.60 or 295.605.

AB426-ASA1,107,10 (c) That the applicant has violated, and continues to fail to comply with, this subchapter.

AB426-ASA1,107,16 (d) Subject to sub. (3), that the applicant, principal shareholder of the applicant, or a related person has within 10 years before the application is submitted forfeited a mining reclamation bond that was posted in accordance with a permit or other authorization for a mining operation in the United States, unless the forfeiture was by agreement with the entity for whose benefit the bond was posted and the amount of the bond was sufficient to cover all costs of reclamation.

AB426-ASA1,107,21 (e) Subject to sub. (3), that the applicant, a related person, or an officer or director of the applicant has, within 10 years before the application is submitted, been convicted of more than one felony for violations of laws for the protection of the natural environment arising out of the operation of a mining site in the United States, unless one of the following applies:

AB426-ASA1,107,22 1. The person convicted has been pardoned for all of the felonies.

AB426-ASA1,107,24 2. The person convicted is a related person or an officer or director of the applicant with whom the applicant terminates its relationship.

AB426-ASA1,108,3 3. The applicant included in its permit application under s. 295.47 a plan to prevent the occurrence in this state of events similar to the events that directly resulted in the convictions.

AB426-ASA1,108,8 (f) Subject to sub. (3), that the applicant or a related person has, within 10 years before the application is submitted, declared bankruptcy or undergone dissolution that resulted in the failure to reclaim a mining site in the United States in violation of a state or federal law and that failure has not been remedied and is not being remedied.

AB426-ASA1,108,13 (g) Subject to sub. (3), that, within 10 years before the application is submitted, a mining permit or other authorization for mining issued to the applicant or a related person was permanently revoked because of a failure to reclaim a mining site in the United States in violation of state or federal law and that failure has not been and is not being remedied.

AB426-ASA1,108,21 (3) Exception from denial criteria. The department may not deny a mining permit under sub. (2) (d) to (g) 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 percent ownership in the applicant, or a subsidiary or affiliate of the applicant in which the applicant holds more than a 30 percent interest at the time of the convictions, forfeiture, permanent revocation, bankruptcy, or dissolution.

AB426-ASA1,108,24 (4) Statement. The department shall send a statement as to whether the applicant has satisfied the requirements of this subchapter to the applicant and to the other persons specified in s. 295.57 (4) (b) 1. to 9.

AB426-ASA1,109,2 (5) Duration of approvals. (a) A mining permit is valid for the life of the mining project, subject to the enforcement provisions under s. 295.79.

AB426-ASA1,109,4 (b) An approval under s. 295.60 or 295.61 remains valid for the life of the mining, subject to the enforcement provisions under s. 295.79.

AB426-ASA1,109,8 (c) An approval issued for a mining project under ch. 23, 29, 30, 169, 281, 283, 285, 289, or 291, except for a permit under ch. 283 or 285 that is subject to a federal requirement limiting its duration, remains valid for the life of the mining project, subject to the enforcement provisions applicable to the approval.

AB426-ASA1,109,10 (6) Effective date of approvals. A mining permit and any other approval is issued upon mailing and is final and effective upon issuance.

AB426-ASA1,109,15 (7) Merchantable by-products. In a mining permit, the department shall require the operator to treat merchantable by-products as refuse if after 3 years from the time the merchantable by-products result from or are displaced by mining the material has not been transported off the mining site, unless removal is continuing at a rate of more than 12,000 cubic yards per year.

AB426-ASA1,109,23 (8) General contractor or affiliate. No operator may engage a general contractor or affiliate to operate a mining site if the general contractor or affiliate has been convicted of more than one felony for violation of a law for the protection of the natural environment arising out of the operation of a mining site in the United States within 10 years before the issuance of the operator's mining permit, unless the general contractor or affiliate receives the department's approval of a plan to prevent the occurrence in this state of events similar to the events that directly resulted in the convictions.

AB426-ASA1,110,2 295.59 Bonds and other security. (1) Security for reclamation. (a) Upon notification that an application for a mining permit has been approved by the department but before beginning mining, the operator shall furnish one of the following to the department:

AB426-ASA1,110,5 1. A bond, furnished by a surety company licensed to do business in this state, conditioned on faithful performance of all of the requirements of this subchapter and all rules adopted by the department under this subchapter.

AB426-ASA1,110,6 2. Cash.

AB426-ASA1,110,7 3. Certificates of deposit.

AB426-ASA1,110,8 4. Government securities.

AB426-ASA1,110,10 (b) The department shall pay to the operator interest received on certificates of deposit or government securities furnished under par. (a).

AB426-ASA1,110,19 (c) The operator shall furnish the security required under par. (a) in the amount equal to the estimated cost to the state of fulfilling the reclamation plan, other than the cost of long-term care of the mining waste site, in relation to the portion of the mining site that will be disturbed by the end of the following year. The department shall determine the estimated cost of reclamation of each mining site on the basis of relevant factors, including the character and nature of the lands to be reclaimed, the future suitable use of the land involved, the topography of the mining site, the methods of reclamation being employed, the depth and composition of overburden, and the depth of the ferrous mineral deposit being mined.

AB426-ASA1,111,2 (2) Certificate of insurance. The operator shall submit a certificate of insurance certifying that the applicant has in force a liability insurance policy issued by an insurer authorized to do business in this state or, in lieu of a certificate of insurance, evidence that the applicant has satisfied state or federal self-insurance requirements, covering all mining operations of the operator in this state and affording personal injury and property damage protection in a total amount determined to be adequate by the department but not more than $1,000,000 and not less than $50,000.

AB426-ASA1,111,8 (2m) Proof of financial responsibility for long-term care of mining waste site. 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 for a period of 40 years after closing of the mining waste site. The operator shall furnish the proof of financial responsibility to the department in one of the following forms:

AB426-ASA1,111,9 (a) A bond

AB426-ASA1,111,10 (b) Cash.

AB426-ASA1,111,11 (c) Certificates of deposit.

AB426-ASA1,111,12 (d) Government securities.

AB426-ASA1,111,13 (e) Insurance.

AB426-ASA1,111,18 (3) Written authorization to mine. Upon approval of the operator's bonds or other security under subs. (1) and (2m), mining application, and certificate of insurance, the department shall issue written authorization to begin mining at the permitted mining site in accordance with the approved mining plan, reclamation plan, and mining waste site feasibility study and plan of operation.

AB426-ASA1,112,3 (4) Reclamation bond for more than one mining site. Any operator who obtains mining permits from the department for 2 or more mining sites may elect, at the time that the mining permit for the 2nd or any subsequent mining site is approved, to post a single bond under sub. (1) in lieu of separate bonds for each mining site. An operator who chooses to post a single bond under this subsection shall post a bond in an amount equal to the estimated cost to the state determined under sub. (1) of reclaiming all mining sites the operator has under mining permits. When an operator elects to post a single bond in lieu of separate bonds previously posted on individual mining sites, the department may not release the separate bonds until the department accepts the new bond.

AB426-ASA1,112,8 (5) Review of amounts. If an operator disagrees with the amount of the bonds or other security that the department requires under this section, the operator may seek review under s. 295.77 of the amount required. The operator may post a bond or other security in the amount required by the department and begin mining without forfeiting its right to seek review.

AB426-ASA1,112,9 295.60 Impacts to wetlands. (1) Definitions. In this section:

AB426-ASA1,112,11 (a) "Area of special natural resource interest" has the meaning given in s. 281.37 (1) (a).

AB426-ASA1,112,14 (b) "Artificial wetland" means a landscape feature where hydrophytic vegetation may be present as a result of human modifications to the landscape or hydrology and for which there is no prior wetland or stream history.

AB426-ASA1,112,17 (c) "ASNRI wetland" means a wetland that is within the boundary of an area of special natural resource interest or that is in close proximity to or that has a direct hydrologic connection to an area of special natural resource interest.