Amendment SSA1-AB426

AB426-SSA1,9,23 289.645 (3) Amount of recycling fee. The fee imposed under this section is $7 per ton for all solid waste other than high-volume industrial waste and mining waste from mining for ferrous minerals, as defined in s. 293.01 (4e).

AB426-SSA1, s. 19 Section 19. 293.01 (2m) of the statutes is created to read:

AB426-SSA1,10,3 293.01 (2m) "Ceded territory" means the territory in Wisconsin ceded by the Chippewa Indians to the United States in the treaty of 1837, 7 Stat. 536, and the treaty of 1842, 7 Stat. 591.

AB426-SSA1, s. 20 Section 20. 293.01 (4e) of the statutes is created to read:

AB426-SSA1,10,7 293.01 (4e) "Ferrous mineral" means an ore or earthen material in natural deposits in or on the earth that primarily exists in the form of an iron oxide, including taconite, magnetite, and hematite.

AB426-SSA1, s. 21 Section 21. 293.01 (4m) of the statutes is created to read:

AB426-SSA1,10,12 293.01 (4m) "Ferrous mining" means the mining of ferrous minerals at a mining site where the department determines, based on information provided under s. 293.31 (7) (a) by a person proposing to mine for ferrous minerals, that it is not likely that any of the disturbed areas will contain significant amounts of sulfide minerals.

AB426-SSA1, s. 22 Section 22. 293.01 (18) of the statutes is amended to read:

AB426-SSA1,11,2 293.01 (18) "Prospecting" means engaging in the examination of an area for the purpose of determining the quality and quantity of minerals, other than for exploration but including the obtaining of an ore sample, by such physical means as excavating, trenching, construction of shafts, ramps and tunnels and other means, other than for exploration, which the department, by rule, identifies, and the production of prospecting refuse and other associated activities. "Prospecting" shall not include such activities when the activities are, by themselves, intended for and capable of commercial exploitation of the underlying ore body. However, the fact that prospecting activities and construction may have use ultimately in mining, if approved, shall not mean that prospecting activities and construction constitute mining within the meaning of sub. (9), provided such activities and construction are reasonably related to prospecting requirements. When conducted in contemplation of ferrous mining, "prospecting" does not include any activities that result in the removal of 10,000 or more tons of material.

AB426-SSA1, s. 23 Section 23. 293.13 (1) (c) of the statutes is created to read:

AB426-SSA1,11,7 293.13 (1) (c) Require that, if an iron mining operation is located in whole or in part within the ceded territory, any wetland mitigation that is authorized or required by the department as a result of, or as part of, the mining operation occurs within the ceded territory.

AB426-SSA1, s. 24 Section 24. 293.31 (7) of the statutes is created to read:

AB426-SSA1,11,13 293.31 (7) (a) If a person who intends to mine for ferrous minerals wishes to have the department determine that it is not likely that any of the areas that would be disturbed by proposed mining contain significant amounts of sulfide minerals, the person shall provide the department with information on which to make that determination.

AB426-SSA1,11,17 (b) The department may only determine that it is not likely that any of the areas disturbed by proposed mining for ferrous minerals contain significant amounts of sulfide minerals if the person who intends to mine provides sufficient information under par. (a) to make that determination.

AB426-SSA1, s. 25 Section 25. 293.32 (2) of the statutes is amended to read:

AB426-SSA1,12,3 293.32 (2) The department shall annually compare the fees paid under this section and under chs. 30, 280 to 292 and 295 to 299 in connection with proposed prospecting or mining for which notice has been given under s. 293.31 (1) with the costs incurred by the department in connection with that proposed prospecting or mining, including the costs incurred under chs. 30, 280 to 292 and 295 to 299 but excluding costs related to the environmental impact statement. If the costs incurred exceed the fees paid, the person who notified the department shall pay a fee equal to the amount by which the costs exceed the fees previously paid, except that the total amount that a person who proposes to conduct ferrous mining may be required to pay under this subsection and sub. (1) may not exceed $2,000,000.

AB426-SSA1, s. 26 Section 26. 293.35 (4) of the statutes is created to read:

AB426-SSA1,12,7 293.35 (4) The department is not required to prepare a statement under s. 1.11 or an environmental analysis for consideration of an application for a permit to prospect in contemplation of ferrous mining.

AB426-SSA1, s. 27 Section 27. 293.35 (5) of the statutes is amended to read:

AB426-SSA1,12,13 293.35 (5) If the department determines that a statement under s. 1.11 is required for consideration of an application for a prospecting permit to which sub. (4) does not apply, the statement need not consider impacts unrelated to the proposed prospecting activity, other than the issue of unsuitability for surface mining, absent a certification under sub. (1).

AB426-SSA1, s. 28 Section 28. 293.43 (3) (b) (intro.) of the statutes is amended to read:

AB426-SSA1,13,4 293.43 (3) (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. 293.39, the department shall hold at least one informational meeting regarding the preliminary environmental report within 60 days of its issuance and, for an application for a mining permit for ferrous mining, no later than the deadline under s. 293.495 (1). The hearing examiner assigned under s. 227.43 (1) (bd) shall preside over the informational meeting regarding the preliminary environmental impact report for proposed ferrous mining. 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. (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:

AB426-SSA1, s. 29 Section 29. 293.43 (5) (bm) of the statutes is created to read:

AB426-SSA1,13,15 293.43 (5) (bm) The hearing examiner shall hold a prehearing conference on an application for a mining permit for ferrous mining. At the prehearing conference under this paragraph, the parties shall outline the issues that they wish to raise in the contested case portion of the hearing and shall present summaries of the testimony that they wish to present. The hearing examiner shall identify the issues that will be considered in the contested case portion of the hearing for an application for a mining permit for ferrous mining, shall notify the parties of those issues, and shall exclude evidence that is not relevant to those issues. The hearing examiner shall also establish a schedule for the case that will enable the department to meet the deadline under s. 293.495 (2).

AB426-SSA1, s. 30 Section 30. 293.43 (6) of the statutes is created to read:

AB426-SSA1,13,21 293.43 (6) Exception for certain prospecting. The department is not required to conduct a hearing under this section on a permit for prospecting in contemplation of ferrous mining. Notwithstanding s. 227.42, no person is entitled to a contested case hearing on a decision by the department on a permit for prospecting in contemplation of ferrous mining.

AB426-SSA1, s. 31 Section 31. 293.49 (1) (a) (intro.) of the statutes is amended to read:

AB426-SSA1,14,2 293.49 (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 or, for an application for a mining permit for ferrous mining, no later than the deadline under s. 293.495 (2), the department shall issue the mining permit if it finds:

AB426-SSA1, s. 32 Section 32. 293.49 (2) (intro.) of the statutes is amended to read:

AB426-SSA1,14,7 293.49 (2) (intro.) Within 90 days of the completion of the public hearing record or, for an application for a mining permit for ferrous mining, no later than the deadline under s. 293.495 (2), the department shall deny the mining permit if it finds any of the following:

AB426-SSA1, s. 33 Section 33. 293.495 of the statutes is created to read:

AB426-SSA1,14,14 293.495 Deadlines for processing ferrous mining permit applications. (1) Deadline for informational meeting. The deadline for the department to hold the informational meeting under s. 293.43 (3) (b) on the preliminary environmental report for a mining permit for ferrous mining is the 270th day after the day on which the department determines that the application under s. 293.37 for the mining permit is complete, except as extended under sub. (3) or (4).

AB426-SSA1,14,19 (2) Deadline for acting on mining permit application. The deadline for the department to act under s. 293.49 (1) (a) (intro.) and (2) (intro.) on the application for a mining permit for ferrous mining is the 270th day after the day on which the informational meeting under s. 293.43 (3) (b) is concluded, except as extended under sub. (3) or (4).

AB426-SSA1,14,23 (3) Requests for extensions. (a) The department may propose not more than 3 extensions under this section for any one application for a mining permit. An applicant may propose any number of extensions under this section for any one application for a mining permit.

AB426-SSA1,14,25 (am) If an applicant proposes an extension under par. (a) to a deadline under sub. (1) or (2), the deadline is extended as proposed by the applicant.

AB426-SSA1,15,3 (b) If the department and an applicant agree to an extension to a deadline under sub. (1) or (2) proposed by the department under par. (a), including the length of the extension, the deadline is extended as provided in the agreement.

AB426-SSA1,15,7 (c) 1. If the department and an applicant do not agree to an extension proposed by the department under par. (a), the department may request the administrator of the division of hearings and appeals in the department of administration to appoint a hearing examiner to resolve the disagreement.

AB426-SSA1,15,10 2. A hearing examiner appointed under subd. 1. shall determine whether there is good cause for an extension and, if so, shall grant an extension and specify the length of the extension.

AB426-SSA1,15,18 (4) Extension for joint preparation of environmental impact statement. If the U.S. Army Corps of Engineers notifies the department that an extension of the deadline under sub. (1) or (2) or both deadlines is necessary to enable the department and the U.S. Army Corps of Engineers to jointly prepare their environmental impact statements for the proposed ferrous mining, the department shall extend the deadline or deadlines by the amount that the U.S. Army Corps of Engineers determines is necessary. The department shall notify the applicant of any extension under this subsection.

AB426-SSA1, s. 34 Section 34. 293.50 (4) of the statutes is created to read:

AB426-SSA1,15,21 293.50 (4) Subsection (2) does not apply to an application for a mining permit for ferrous mining.

AB426-SSA1,15,22 (End)