AB426-ASA1,155,87 (d) The reclamation of the mining site continues according to the reclamation
8plan during the cessation of mining to the extent practicable.
AB426-ASA1,155,18 9295.68 Certificates of completion and release of security. (1) Upon the
10petition of the operator, but not less than 4 years after notification to the department
11by the operator of the completion of the reclamation plan or not less than one year
12after notification to the department by the operator of the completion of the
13reclamation plan as to a portion of the mining site, if the department finds that the
14operator has completed reclamation of any portion of the mining site in accordance
15with the reclamation plan and this subchapter, the department shall issue a
16certificate of completion setting forth a description of the area reclaimed and a
17statement that the operator has fulfilled its duties under the reclamation plan as to
18that area.
AB426-ASA1,155,24 19(2) Upon the issuance of any certificate of completion under sub. (1) for any
20portion of the mining site, but not for the entire mining site, the department shall
21allow the operator to reduce the amount of the bond or other security provided under
22s. 295.59 (1) to an amount equal to the estimated cost of reclamation of the portion
23of the mining site that is disturbed or for which reclamation has been completed but
24no certificate of completion has been issued.
AB426-ASA1,156,6
1(3) Upon issuance of a certificate or certificates of completion of reclamation
2for the entire mining site, the department shall require the operator to maintain a
3bond or other security under s. 295.59 (1) equal to at least 10 percent of the cost to
4the state of reclamation of the entire mining site, except that if the mining site in the
5mining plan is less than 10 acres, the department may release the bond or other
6security after issuance of the certificate of completion for the entire mining site.
AB426-ASA1,156,10 7(4) After 10 years after the issuance of a certificate or certificates of completion
8for the entire mining site, the department shall release the remaining bond or other
9security provided under s. 295.59 (1) if the department finds that the reclamation
10plan has been complied with.
AB426-ASA1,156,25 11295.69 Termination of proof of financial responsibility for long-term
12care of mining waste site.
(1) One year after closure, and annually thereafter
13until the department terminates the obligation to maintain proof of financial
14responsibility for long-term care of a mining waste site under sub. (2) (c), an operator
15who has carried out all necessary long-term care during the preceding year, may
16apply to the department for a reduction in the amount of the proof of financial
17responsibility provided under s. 295.59 (2m) equal to the costs of long-term care for
18that year. The operator shall provide an itemized list of costs incurred. If the
19department determines that the costs incurred are in accordance with the long-term
20care requirements in the approved waste site feasibility study and plan of operation
21and that adequate funds exist to complete required long-term care for the remainder
22of the 40-year period on which the amount of the proof of financial responsibility was
23originally determined, the department shall authorize in writing a reduction in the
24amount of proof of financial responsibility provided. The department shall make its
25determinations within 90 days of an application.
AB426-ASA1,157,10
1(2) (a) An operator may apply to the department for termination of its
2obligation to maintain proof of financial responsibility for long-term care of the
3mining waste site under s. 295.59 (2m) at any time after the mining waste site has
4been closed for 20 years by submitting an application that demonstrates that
5continuation of the obligation to maintain proof of financial responsibility for
6long-term care is not necessary for adequate protection of public health or the
7environment. The burden is on the operator to prove by a preponderance of the
8evidence that continuation of the obligation to maintain proof of financial
9responsibility for long-term care is not necessary for adequate protection of public
10health or the environment.
AB426-ASA1,157,1911 (b) Within 30 days of receiving an application under par. (a), the department
12shall provide notice to the public of the application for termination of the obligation
13to maintain proof of financial responsibility for long-term care. In the notice, the
14department shall invite the submission of written comments by any person on the
15application within 30 days of the day on which the notice is published. The
16department shall provide the notice by publishing a class 1 notice under ch. 985 in
17the official newspaper designated under s. 985.04 or 985.05 or, if none exists, in a
18newspaper likely to give notice in the area of the mining waste site. The department
19shall also send the notice to the operator.
AB426-ASA1,158,220 (c) Within 120 days of the day on which the department publishes the notice
21under par. (b), the department shall determine either that proof of financial
22responsibility for long-term care of the mining waste site is no longer required, in
23which case the applicant is relieved of the responsibility of providing proof of
24financial responsibility for long-term care, or that proof of financial responsibility
25for long-term care of the mining waste site is still required, in which case the

1applicant may not submit another application under par. (a) until at least 5 years
2have elapsed since the previous application.
AB426-ASA1,158,12 3295.695 Inspections by the department. (1) Any duly authorized officer,
4employee, or representative of the department who has received the safety training
5under 30 CFR 48.31 may enter and inspect any property, premises, or place on or at
6which any mining operation or facility is located or is being constructed or installed
7at any reasonable time for the purpose of ascertaining the state of compliance with
8this subchapter and the provisions of chs. 281, 283, 285, 289, 291, 292, and 299 and
9rules promulgated under those chapters that are applicable to the mining operation.
10No person may refuse entry or access to any authorized representative of the
11department who requests entry for purposes of inspection, and who presents
12appropriate credentials.
AB426-ASA1,158,14 13(2) No person may obstruct, hamper, or interfere with any inspection
14authorized in sub. (1).
AB426-ASA1,158,17 15(3) The department shall furnish to the operator a written report on any
16inspection setting forth all observations, relevant information, and data that relate
17to compliance status.
AB426-ASA1,158,21 18295.73 Fees. (1) (a) Except as provided in par. (b), an applicant for a mining
19permit is not required to pay any application or filing fee for any approval other than
20a mining permit, notwithstanding any fee required under ch. 23, 29, 30, 169, 281,
21283, 285, 289, or 291, or rules promulgated under those chapters.
AB426-ASA1,158,2322 (b) An applicant for a mining permit shall pay any fee required under s. 281.343
23(3) (c) 1.
AB426-ASA1,159,3 24(3) (a) The department shall assess an applicant a fee equal to its costs for
25evaluating the mining project, including the costs for consultants retained by the

1department to evaluate the application for the mining permit and the application for
2any other approval and to perform environmental analysis under s. 1.11 or
3$2,000,000, whichever is less.
AB426-ASA1,159,44 (b) The applicant shall pay fees as follows:
AB426-ASA1,159,75 1. One hundred thousand dollars shall be paid at the time that the bulk
6sampling plan is filed under s. 295.45 or at the time that the notice of the intention
7to file a mining permit application is filed, whichever is first.
AB426-ASA1,159,108 2. Two hundred fifty thousand dollars when the department provides cost
9information demonstrating that the payment under subd. 1. has been fully allocated
10against actual costs.
AB426-ASA1,159,1311 3. Two hundred fifty thousand dollars when the department provides cost
12information demonstrating that the payment under subd. 2. has been fully allocated
13against actual costs.
AB426-ASA1,159,1614 4. Two hundred fifty thousand dollars when the department provides cost
15information demonstrating that the payment under subd. 3. has been fully allocated
16against actual costs.
AB426-ASA1,159,1917 5. Two hundred fifty thousand dollars when the department provides cost
18information demonstrating that the payment under subd. 4. has been fully allocated
19against actual costs.
AB426-ASA1,159,2420 (b) After the department approves or denies the application for a mining permit
21or, if the applicant withdraws the application for a mining permit, after the applicant
22withdraws the application, the department shall refund to the applicant any amount
23paid by the applicant under par. (a) but not fully allocated against the department's
24actual costs.
AB426-ASA1,160,3
1(4) Subchapter VI of ch. 289 does not apply to mining waste disposed of in a
2mining waste site covered by a mining permit, except that an operator shall pay the
3fees specified in ss. 289.63 (4), 289.64 (3), and 289.67 (1) (d).
AB426-ASA1,160,7 4295.75 Effect of other laws. (1) Except as provided in sub. (2), if there is a
5conflict between a provision in this subchapter and a provision in ch. 23, 29, 30, 160,
6169, 281, 283, 285, 289, or 291 or in a rule promulgated under one of those chapters,
7the provision in this subchapter controls.
AB426-ASA1,160,9 8(2) (a) If there is a conflict between a provision in this subchapter and a
9provision in s. 281.343, the provision in s. 281.343 controls.
AB426-ASA1,160,1110 (b) If there is a conflict between a provision in this subchapter and a provision
11in s. 281.346, the provision in s. 281.346 controls, except as provided in s. 295.57 (9).
AB426-ASA1,160,14 12295.77 Review. (1) Notwithstanding s. 227.42, no person is entitled to a
13contested case hearing on a decision by the department under this subchapter or on
14a decision by the department relating to the issuance of an approval.
AB426-ASA1,160,19 15(2) Judicial review of a decision described in sub. (1) is the exclusive method
16for challenging the decision. The court shall base review of a decision described in
17sub. (1) on the administrative record before the department. The scope of the review
18is that specified in s. 227.57. No judicial review is available before the department
19issues the final decision on an approval.
AB426-ASA1,160,23 20295.78 Mining and reclamation; orders. (1) (a) If the department finds a
21violation of law or any unapproved deviation from the mining plan, reclamation plan,
22or mining waste site feasibility study and plan of operation at a mining site under
23a mining permit, the department shall do one of the following:
AB426-ASA1,161,3
11. Issue an order requiring the operator to comply with the law, mining plan,
2reclamation plan, or mining waste site feasibility study and plan of operation within
3a specified time.
AB426-ASA1,161,54 2. Require the alleged violator to appear before the department for a hearing
5and answer the department's charges.
AB426-ASA1,161,66 3. Request the department of justice to initiate action under s. 295.79.
AB426-ASA1,161,107 (b) Any order issued under par. (a) 1. following a hearing takes effect
8immediately. Any other order takes effect 10 days after the date the order is served,
9unless the person named in the order requests in writing a hearing before the
10department within the 10-day period.
AB426-ASA1,161,1411 (c) If no hearing on an order issued under par. (a) 1. was held and if the
12department receives a request for a hearing within 10 days after the date the order
13is served, the department shall provide due notice and hold a hearing. If after the
14hearing the department finds that no violation has occurred, it shall rescind its order.
AB426-ASA1,161,1915 (d) If an operator fails to comply with an order issued under par. (a) 1. within
16the time for compliance specified in the order, the department shall suspend the
17mining permit until the operator fully complies with the order, except that if the
18operator seeks review of the order under s. 295.77, mining may continue until the
19final disposition of the action, except as provided under sub. (4).
AB426-ASA1,161,2220 (e) The department shall inform the department of justice of a suspension
21under par. (d) within 14 days. After receiving notice of a suspension, the department
22of justice may commence an action under s. 295.79.
AB426-ASA1,162,7 23(2) If reclamation of a mining site is not proceeding in accordance with the
24reclamation plan and the operator has not begun to rectify deficiencies within the
25time specified in an order, or if the reclamation is not properly completed in

1conformance with the reclamation plan within one year after completion or
2abandonment of mining on any portion of the mining site, unless because of acts of
3God, such as adverse weather affecting grading, planting, and growing conditions,
4the department, with the staff, equipment, and material under its control, or by
5contract with others, shall take the actions that are necessary for the reclamation of
6mined areas. The operator is liable for the cost to the state of reclamation conducted
7under this subsection.
AB426-ASA1,162,13 8(3) The department shall cancel all other mining permits held by an operator
9who refuses to reclaim a mining site in compliance with the reclamation plan after
10the completion of mining or after the cancellation of a mining permit. The
11department may not issue any mining permit for that mining site or any other
12mining site in this state to an operator who refused to reclaim the mining site in
13compliance with the reclamation plan.
AB426-ASA1,162,19 14(4) At any time that the department determines that the continuance of mining
15constitutes an immediate and substantial threat to public health and safety or the
16environment, the department may request the department of justice to institute an
17action in circuit court of the county in which the mine is located for a restraining
18order or injunction or other appropriate remedy to stop mining until the immediate
19and substantial threat is eliminated.
AB426-ASA1,162,21 20(5) Section 281.346 (7m) does not apply to a water withdrawal associated with
21a mining operation for which a mining permit has been issued.
AB426-ASA1,162,25 22295.79 Enforcement; penalties. (1) The department of justice shall enforce
23this subchapter and any order issued under this subchapter. The circuit court of the
24county where the violation occurred has jurisdiction to enforce this subchapter or any
25orders issued under this subchapter, by injunction or other appropriate relief.
AB426-ASA1,163,4
1(2) (a) Any person who authorizes or engages in mining without a mining
2permit and written authorization to mine under s. 295.59 (3) shall forfeit all profits
3obtained from those illegal activities and not more than $5,000 for each day during
4which the mine was in operation.
AB426-ASA1,163,65 (b) A person to whom par. (a) applies is also liable to the department for the full
6cost of reclaiming the affected area of land and any damages caused by the mining.
AB426-ASA1,163,107 (c) If the violator of par. (a) is a corporation, limited liability company,
8partnership, or association, any officer, director, member, manager, or partner who
9knowingly authorizes, supervises, or contracts for mining is also subject to the
10penalties in this subsection.
AB426-ASA1,163,18 11(3) Any person who makes or causes to be made in an application or report
12required by this subchapter a statement known to the person to be false or
13misleading in any material respect or who refuses to submit information required by
14a mining permit or by this subchapter may be fined not less than $1,000 nor more
15than $5,000. If the false or misleading statement is material to the issuance of the
16mining permit and the mining permit would not have been issued had the false or
17misleading statement not been made, the court may revoke the mining permit. If any
18violation under this subsection is repeated the court may revoke the mining permit.
AB426-ASA1,163,24 19(4) (a) Any person who commits a violation of this subchapter or any permit or
20order issued under this subchapter, except for the violations enumerated in subs. (2)
21or (3), shall forfeit not less than $10 nor more than $5,000 for each violation. Each
22day of continued violation is a separate offense, except that no forfeiture may be
23imposed during the time that continued mining is authorized under s. 295.63 (3).
24While an order is suspended, stayed, or enjoined, this penalty does not accrue.
AB426-ASA1,164,6
1(b) In addition to the penalties provided under par. (a), the court may award
2the department of justice the reasonable and necessary expenses of the investigation
3and prosecution of the violation, including attorney fees. The department of justice
4shall deposit in the state treasury for deposit into the general fund all moneys that
5the court awards to the department or the state under this paragraph. These moneys
6shall be credited to the appropriation account under s. 20.455 (1) (gh).
AB426-ASA1,164,8 7(5) Any person having an interest that is or may be adversely affected may
8intervene as a matter of right, in any enforcement action brought under this section.
AB426-ASA1, s. 66 9Section 66. 299.85 (7) (a) 2. and 4. of the statutes are amended to read:
AB426-ASA1,164,2310 299.85 (7) (a) 2. Notwithstanding minimum or maximum forfeitures specified
11in ss. 29.314 (7), 29.334 (2), 29.604 (5) (a), 29.611 (11), 29.889 (10) (c) 2., 29.969,
1229.971 (1) (a), (1m) (a), (3), (3m), (11g) (b), (11m) (b), and (11r) (b), 30.298 (1), (2), and
13(3), 30.49 (1) (a) and (c), 31.23 (2), 281.75 (19), 281.98 (1), 281.99 (2) (a) 1., 283.91 (2),
14285.41 (7), 285.57 (5), 285.59 (8), 285.87 (1), 287.95 (1), (2) (b), and (3) (b), 287.97,
15289.96 (2) and (3) (a), 291.97 (1), 292.99 (1) and (1m), 293.81, 293.87 (3) and (4) (a),
16295.19 (3) (a) and (b) 1., 295.37 (2), 295.79 (2), (3), and (4), 299.15 (4), 299.51 (5),
17299.53 (4) (c) 1., 299.62 (3) (a) and (c), and 299.97 (1), if a regulated entity that
18qualifies under sub. (2) for participation in the Environmental Compliance Audit
19Program corrects violations that it discloses in a report that meets the requirements
20of sub. (3) within 90 days after the department receives the report that meets the
21requirements of sub. (3), the regulated entity may not be required to forfeit more than
22$500 for each violation, regardless of the number of days during which the violation
23continues.
AB426-ASA1,165,1024 4. Notwithstanding minimum or maximum forfeitures specified in ss. 29.314
25(7), 29.334 (2), 29.604 (5) (a), 29.611 (11), 29.889 (10) (c) 2., 29.969, 29.971 (1) (a), (1m)

1(a), (3), (3m), (11g) (b), (11m) (b), and (11r) (b), 30.298 (1), (2), and (3), 30.49 (1) (a) and
2(c), 31.23 (2), 281.75 (19), 281.98 (1), 281.99 (2) (a) 1., 283.91 (2), 285.41 (7), 285.57
3(5), 285.59 (8), 285.87 (1), 287.95 (1), (2) (b), and (3) (b), 287.97, 289.96 (2) and (3) (a),
4291.97 (1), 292.99 (1) and (1m), 293.81, 293.87 (3) and (4) (a), 295.19 (3) (a) and (b)
51., 295.37 (2), 295.79 (2), (3), and (4), 299.15 (4), 299.51 (5), 299.53 (4) (c) 1., 299.62
6(3) (a) and (c), and 299.97 (1), if the department approves a compliance schedule
7under sub. (6) and the regulated entity corrects the violations according to the
8compliance schedule, the regulated entity may not be required to forfeit more than
9$500 for each violation, regardless of the number of days during which the violation
10continues.
AB426-ASA1, s. 67 11Section 67. 299.95 of the statutes is amended to read:
AB426-ASA1,166,3 12299.95 Enforcement; duty of department of justice; expenses. The
13attorney general shall enforce chs. 281 to 285 and 289 to 295 and this chapter, except
14ss. 285.57, 285.59, and 299.64, and all rules, special orders, licenses, plan approvals,
15permits, and water quality certifications of the department, except those
16promulgated or issued under ss. 285.57, 285.59, and 299.64 and except as provided
17in ss. 285.86 and 299.85 (7) (am). The Except as provided in s. 295.79 (1), the circuit
18court for Dane county or for any other county where a violation occurred in whole or
19in part has jurisdiction to enforce chs. 281 to 285 and 289 to 295 or this chapter or
20the rule, special order, license, plan approval, permit, or certification by injunctional
21and other relief appropriate for enforcement. For purposes of this proceeding where
22chs. 281 to 285 and 289 to 295 or this chapter or the rule, special order, license, plan
23approval, permit or certification prohibits in whole or in part any pollution, a
24violation is considered a public nuisance. The department of natural resources may
25enter into agreements with the department of justice to assist with the

1administration of chs. 281 to 285 and 289 to 295 and this chapter. Any funds paid
2to the department of justice under these agreements shall be credited to the
3appropriation account under s. 20.455 (1) (k).
AB426-ASA1, s. 68 4Section 68. 323.60 (1) (gm) of the statutes is created to read:
AB426-ASA1,166,65 323.60 (1) (gm) "Minerals" mean unbeneficiated metallic ore but does not
6include mineral aggregates such as stone, sand, and gravel.
AB426-ASA1, s. 69 7Section 69. 323.60 (5) (d) 3. of the statutes is amended to read:
AB426-ASA1,166,178 323.60 (5) (d) 3. All facilities with 10 or more employees in major group
9classifications 10 to 13 in the standard industrial classification manual, 1987
10edition, published by the U.S. office of management and budget, at which a toxic
11chemical is used at or above an applicable threshold quantity, except that compliance
12with the toxic chemical release form requirements under this subdivision is not
13required for the placement of a toxic chemical in a storage or disposal site or facility
14that is located at a facility with a permit under ch. 293 or a mining permit under
15subch. III of ch. 295
if the toxic chemical consists of or is contained in merchantable
16by-products, as defined in s. 293.01 (7) or 295.41 (25), minerals as defined in s. 293.01
17(8)
, or refuse, as defined in s. 293.01 (25) or 295.41 (41).
AB426-ASA1, s. 70 18Section 70. 710.02 (2) (d) of the statutes is amended to read:
AB426-ASA1,166,2019 710.02 (2) (d) An exploration mining lease as defined in s. 107.001 (1) and land
20used for mining and associated activities under chs. 293 and 295.
AB426-ASA1, s. 71 21Section 71. Nonstatutory provisions.
AB426-ASA1,166,2222 (1) Rules.
AB426-ASA1,167,723 (a) The department of natural resources shall submit in proposed form rules
24revising chapters NR 130, 131, 132, and 182, Wisconsin Administrative Code, that
25are in effect on the effective date of this paragraph and revising any other rules

1promulgated under section 293.13 (1) (a) of the statutes that are in effect on the
2effective date of this paragraph to the legislative council staff under section 227.15
3(1) of the statutes no later than the first day of the 5th month beginning after the
4effective date of this paragraph. The proposed revised rules shall clarify that
5chapters NR 130, 131, 132, and 182, Wisconsin Administrative Code, and any other
6rules promulgated under section 293.13 (1) (a) of the statutes do not apply to ferrous
7metallic mining.
AB426-ASA1,167,188 (b) The department of natural resources shall submit in proposed form rules
9revising chapters NR 500 to 555 and 600 to 679, Wisconsin Administrative Code, that
10are in effect on the effective date of this paragraph and revising any other rules
11promulgated under sections 289.05 and 289.06 (1) of the statutes that are in effect
12on the effective date of this paragraph to the legislative council staff under section
13227.15 (1) of the statutes no later than the first day of the 5th month beginning after
14the effective date of this paragraph. The department shall revise the rules in
15chapters NR 500 to 555 and 600 to 679, Wisconsin Administrative Code, and any
16other rules promulgated under sections 289.05 and 289.06 (1) of the statutes so that
17they are consistent with subchapter III of chapter 295, of the statutes, as created by
18this act.
AB426-ASA1,167,2519 (c) The department of natural resources shall submit, to the legislative council
20staff under section 227.15 (1) of the statutes, no later than the first day of the 5th
21month beginning after the effective date of this paragraph, in proposed form rules
22revising any rules of the department that are in effect on the effective date of this
23paragraph, in addition to the rules under paragraphs (a ) and (b), that provide
24exemptions for nonferrous mining or associated activities to provide the same
25exemptions for ferrous mining and associated activities.
AB426-ASA1,168,3
1(d) Notwithstanding section 227.137 (2) of the statutes, the department of
2natural resources is not required to prepare an economic impact report for the
3revised rules required under paragraphs (a ) to (c).
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