SB488-SSA2,27,2120 293.21 (1) (a) "Driller" means a person who performs core, rotary, percussion
21or other drilling involved in exploration for nonferrous metallic minerals.
SB488-SSA2, s. 87 22Section 87. 293.25 (2) (a) of the statutes is amended to read:
SB488-SSA2,28,523 293.25 (2) (a) Applicability. Except as provided under par. (b), ss. 293.21 and
24293.81 and rules promulgated under those sections apply to radioactive waste site
25exploration, to activities related to radioactive waste site exploration and to persons

1engaging in or intending to engage in radioactive waste site exploration or related
2activities in the same manner as those sections and rules are applicable to
3nonferrous metallic mineral exploration, to activities related to nonferrous metallic
4mineral exploration and to persons engaging in or intending to engage in nonferrous
5metallic
mineral exploration or related activities.
SB488-SSA2, s. 88 6Section 88. 293.25 (4) of the statutes is amended to read:
SB488-SSA2,28,157 293.25 (4) Regulation of exploration and related provisions. Sections
8293.13, 293.15 (1) to (12), 293.85, 293.87 and 293.89 and rules promulgated under
9those sections apply to radioactive waste site exploration, to activities related to
10radioactive waste site exploration and to persons engaging in or intending to engage
11in radioactive waste site exploration or related activities in the same manner as
12those sections and rules are applicable to nonferrous metallic mineral exploration,
13to activities related to nonferrous metallic mineral exploration and to persons
14engaging in or intending to engage in nonferrous metallic mineral exploration or
15related activities.
SB488-SSA2, s. 89 16Section 89. 293.37 (4) (b) of the statutes is amended to read:
SB488-SSA2,29,217 293.37 (4) (b) If the department finds that the anticipated life and total area
18of a nonferrous metallic mineral deposit are of sufficient magnitude that reclamation
19of the mining site consistent with this chapter requires a comprehensive plan for the
20entire affected area, it shall require an operator to submit with the application for
21a mining permit, amended mining site or change in mining or reclamation plan, a
22comprehensive long-term plan showing, in detail satisfactory to the department, the
23manner, location and time for reclamation of the entire area of contiguous land which
24will be affected by mining and which is owned, leased or under option for purchase
25or lease by the operator at the time of application. Where a nonferrous metallic

1mineral deposit lies on or under the lands of more than one operator, the department
2shall require the operators to submit mutually consistent comprehensive plans.
SB488-SSA2, s. 90 3Section 90. 293.47 (1) (b) of the statutes is amended to read:
SB488-SSA2,29,84 293.47 (1) (b) "Geologic information" means information concerning
5descriptions of an a nonferrous ore body, descriptions of reserves, tonnages and
6grades of nonferrous ore, descriptions of a drill core or bulk sample including
7analysis, descriptions of drill hole depths, distances and similar information related
8to the nonferrous ore body.
SB488-SSA2, s. 91 9Section 91. 293.50 (1) (b) of the statutes is amended to read:
SB488-SSA2,29,1110 293.50 (1) (b) "Sulfide ore body" means a mineral deposit in which nonferrous
11metals are mixed with sulfide minerals.
SB488-SSA2, s. 92 12Section 92. 293.50 (2) (intro.) of the statutes is amended to read:
SB488-SSA2,29,1513 293.50 (2) (intro.) Beginning on May 7, 1998, the department may not issue a
14permit under s. 293.49 for the purpose of the mining of a sulfide ore body until all of
15the following conditions are satisfied:
SB488-SSA2, s. 93 16Section 93. 293.50 (2) (a) of the statutes is amended to read:
SB488-SSA2,29,2217 293.50 (2) (a) The department determines, based on information provided by
18an applicant for a permit under s. 293.49 and verified by the department, that a
19mining operation has operated in a sulfide ore body which, together with the host
20nonferrous rock, has a net acid generating potential in the United States or Canada
21for at least 10 years without the pollution of groundwater or surface water from acid
22drainage at the tailings site or at the mine site or from the release of heavy metals.
SB488-SSA2, s. 94 23Section 94. 293.50 (2) (b) of the statutes is amended to read:
SB488-SSA2,30,524 293.50 (2) (b) The department determines, based on information provided by
25an applicant for a permit under s. 293.49 and verified by the department, that a

1mining operation that operated in a sulfide ore body which, together with the host
2nonferrous rock, has a net acid generating potential in the United States or Canada
3has been closed for at least 10 years without the pollution of groundwater or surface
4water from acid drainage at the tailings site or at the mine site or from the release
5of heavy metals.
SB488-SSA2, s. 95 6Section 95. 293.51 (1) of the statutes is amended to read:
SB488-SSA2,30,227 293.51 (1) Upon notification that an application for a prospecting or mining
8permit has been approved by the department but prior to commencing prospecting
9or mining, the operator shall file with the department a bond conditioned on faithful
10performance of all of the requirements of this chapter and all rules adopted by the
11department under this chapter. The bond shall be furnished by a surety company
12licensed to do business in this state. In lieu of a bond, the operator may deposit cash,
13certificates of deposit or government securities with the department. Interest
14received on certificates of deposit and government securities shall be paid to the
15operator. The amount of the bond or other security required shall be equal to the
16estimated cost to the state of fulfilling the reclamation plan, in relation to that
17portion of the site that will be disturbed by the end of the following year. The
18estimated cost of reclamation of each prospecting or mining site shall be determined
19by the department on the basis of relevant factors including, but not limited to,
20expected changes in the price index, topography of the site, methods being employed,
21depth and composition of overburden and depth of nonferrous metallic mineral
22deposit being mined.
SB488-SSA2, s. 96 23Section 96. 293.65 (3) (a) of the statutes is amended to read:
SB488-SSA2,31,324 293.65 (3) (a) An approval under s. 281.34 is required to withdraw groundwater
25for prospecting or mining or to dewater mines if the capacity and rate of withdrawal

1of all wells involved in the withdrawal of groundwater or the dewatering of mines
2exceeds 100,000 gallons each day. A permit under s. 283.31 is required to discharge
3pollutants resulting from the dewatering of mines.
SB488-SSA2, s. 97 4Section 97. 293.65 (3) (b) of the statutes is amended to read:
SB488-SSA2,31,115 293.65 (3) (b) The department may not issue an approval under s. 281.34 if the
6withdrawal of groundwater for prospecting or mining purposes or the dewatering of
7mines will result in the unreasonable detriment of public or private water supplies
8or the unreasonable detriment of public rights in the waters of the state. No
9withdrawal of groundwater for prospecting or mining purposes or the dewatering of
10mines may be made to the unreasonable detriment of public or private water supplies
11or the unreasonable detriment of public rights in the waters of the state.
SB488-SSA2, s. 98 12Section 98. 293.86 of the statutes is amended to read:
SB488-SSA2,31,24 13293.86 Visitorial powers of department. Any duly authorized officer,
14employee or representative of the department may enter and inspect any property,
15premises or place on or at which any prospecting or metallic mining operation or
16facility is located or is being constructed or installed at any reasonable time for the
17purpose of ascertaining the state of compliance with this chapter and chs. 281, 285,
18289 to 292, 295 and 299, subchs. I and II of ch. 295, and rules adopted pursuant
19thereto. No person may refuse entry or access to any such authorized representative
20of the department who requests entry for purposes of inspection, and who presents
21appropriate credentials, nor may any person obstruct, hamper or interfere with any
22such inspection. The department shall furnish to the prospector or operator, as
23indicated in the prospecting or mining permit, a written report setting forth all
24observations, relevant information and data which relate to compliance status.
SB488-SSA2, s. 99 25Section 99. Chapter 295 (title) of the statutes is amended to read:
SB488-SSA2,32,1
1Chapter 295
SB488-SSA2,32,42 NONMETALLIC MINING RECLAMATION;
3 OIL AND GAS;
4 ferrous metallic mining
SB488-SSA2, s. 100 5Section 100. 295.16 (4) (f) of the statutes is amended to read:
SB488-SSA2,32,76 295.16 (4) (f) Any mining operation, the reclamation of which is required in a
7permit obtained under ch. 293 or subch. III of ch. 295.
SB488-SSA2, s. 101 8Section 101. Subchapter III of chapter 295 [precedes 295.40] of the statutes
9is created to read:
SB488-SSA2,32,1010 Chapter 295
SB488-SSA2,32,1211 Subchapter III
12 ferrous metallic mining
SB488-SSA2,32,13 13295.40 Legislative findings. The legislature finds all of the following:
SB488-SSA2,32,15 14(1) That attracting and aiding new mining enterprises and expanding the
15mining industry in Wisconsin is part of Wisconsin public policy.
SB488-SSA2,32,18 16(2) That mining for nonferrous metallic minerals is different from mining for
17ferrous minerals because in mining for nonferrous metallic minerals, sulfite
18minerals react, when exposed to air and water, to form acid drainage.
SB488-SSA2,32,22 19(3) That if the mineral products and waste materials associated with
20nonferrous metallic sulfide mining operations are not properly managed and
21controlled, they can cause significant damage to the environment, affect human
22health, and degrade the quality of life of the affected community.
SB488-SSA2,32,25 23(4) That the special concerns surrounding nonferrous metallic mining warrant
24more stringent regulatory measures than those warranted for ferrous mining
25operations.
SB488-SSA2,33,3
1(5) That the provisions in ch. 293, 2009 stats., are a deterrent to ferrous mining
2in this state and are not necessary to ensure that ferrous mining will be conducted
3in an environmentally sound manner.
SB488-SSA2,33,7 4(6) That simplifying and shortening the permitting process for ferrous metallic
5mineral mining when compared to nonferrous metallic mineral mining, as
6Minnesota and Michigan have done, will encourage ferrous metallic mineral mining
7in Wisconsin and create jobs and generate resources for the state.
SB488-SSA2,33,13 8(7) That because of the fixed location of ferrous mineral deposits in the state,
9it is probable that mining those deposits will result in adverse impacts to wetlands
10and that, therefore, the use of wetlands for bulk sampling and mining activities,
11including the disposal or storage of mining wastes or materials, or the use of other
12lands for mining activities that would have a significant adverse impact on wetlands,
13is presumed to be necessary.
SB488-SSA2,33,14 14295.41 Definitions. In this subchapter:
SB488-SSA2,33,17 15(1) "Air pollution" means the presence in the atmosphere of one or more air
16contaminants in such quantities and of such duration as is injurious to human health
17or welfare, animal or plant life, or property.
SB488-SSA2,33,19 18(2) "Applicant" means a person who applies for, or is preparing to apply for, an
19exploration license or a mining permit or who files a bulk sampling plan.
SB488-SSA2,33,24 20(3) "Approval" means any permit, license, certification, contract, or other
21authorization that the department issues, or any other action by the department,
22that is required for exploration, to engage in bulk sampling at a bulk sampling site,
23or to construct or operate a mining site, including any action required for any of the
24following:
SB488-SSA2,34,3
1(a) The withdrawal of land entered as county forest land under s. 28.11 and any
2modification of, or amendment to, a county forest land use plan necessitated by the
3withdrawal of the land.
SB488-SSA2,34,44 (b) The withdrawal of land entered as forest cropland under s. 77.10.
SB488-SSA2,34,75 (c) The withdrawal of land designated as managed forest land under subch. VI
6of ch. 77 and any modification of, or amendment to, a managed forest land
7management plan necessitated by the withdrawal of the land.
SB488-SSA2,34,10 8(4) "Background water quality" means the concentration of a substance in
9groundwater as determined by monitoring at locations that will not be affected by
10a mining site.
SB488-SSA2,34,13 11(5) "Baseline water quality" means the concentration of a substance in
12groundwater or surface water as determined by monitoring before mining operations
13begin.
SB488-SSA2,34,15 14(6) "Borrow materials" means soil or rock used in construction or reclamation
15activities.
SB488-SSA2,34,20 16(7) "Bulk sampling" means excavating in a potential mining site by removing
17less than 10,000 tons of material for the purposes of obtaining site-specific data to
18assess the quality and quantity of the ferrous mineral deposits and of collecting data
19from and analyzing the excavated materials in order to prepare the application for
20a mining permit or for any other approval.
SB488-SSA2,34,22 21(8) "Closing" means the time at which a mining waste site ceases to accept
22mining wastes.
SB488-SSA2,34,24 23(9) "Closure" means the actions taken by an operator to prepare a mining waste
24site for long-term care and to make it suitable for other uses.
SB488-SSA2,35,2
1(10) "Construct" means to engage in a program of on-site construction,
2including site clearing, grading, dredging, or filling of land.
SB488-SSA2,35,3 3(11) "Department" means the department of natural resources.
SB488-SSA2,35,5 4(12) "Disposal" means the discharge, deposit, injection, dumping, or placing of
5a substance into or on any land or water.
SB488-SSA2,35,8 6(14) "Environmental impact report" means a document submitted by a person
7seeking a mining permit that discloses environmental impacts of the proposed
8mining.
SB488-SSA2,35,10 9(15) "Environmental impact statement" means a detailed statement under s.
101.11 (2) (c).
SB488-SSA2,35,13 11(16) "Environmental pollution" means contaminating or rendering unclean or
12impure the air, land, or waters of the state, or making the air, land, or waters of the
13state injurious to public health or animal or plant life.
SB488-SSA2,35,14 14(17) "Exploration license" means a license under s. 295.44.
SB488-SSA2,35,17 15(18) "Ferrous mineral" means an ore or earthen material in natural deposits
16in or on the earth that primarily exists in the form of an iron oxide, including taconite
17and hematite.
SB488-SSA2,35,19 18(19) "Fill area" means an area proposed to receive or that is receiving direct
19application of mining waste.
SB488-SSA2,35,21 20(20) "Freeboard" means the height of the top of a dam above the adjacent liquid
21surface within the impoundment.
SB488-SSA2,35,23 22(21) "Groundwater" means any of the waters of the state occurring in a
23saturated subsurface geological formation of rock or soil.
SB488-SSA2,35,25 24(22) "Groundwater quality" means the chemical, physical, biological, thermal,
25or radiological quality of groundwater at a site or within an underground aquifer.
SB488-SSA2,36,4
1(23) "Groundwater quality standards" means numerical values consisting of
2enforcement standards and preventive action limits contained in Table 1 of s. NR
3140.10, and Table 2 of s. NR 140.12, Wis. Adm. Code, and any preventive action limits
4for indicator parameters identified under s. NR 140.20 (2).
SB488-SSA2,36,7 5(24) "Leachate" means water or other liquid that has been contaminated by
6dissolved or suspended materials due to contact with refuse disposed of on the
7mining site.
SB488-SSA2,36,14 8(25) "Merchantable by-product" means all waste soil, rock, mineral, liquid,
9vegetation, and other material directly resulting from or displaced by the mining,
10cleaning, or preparation of minerals, during mining operations, that are determined
11by the department to be marketable upon a showing of marketability made by the
12operator, accompanied by a verified statement by the operator of his or her intent to
13sell the material within 3 years from the time it results from or is displaced by
14mining.
SB488-SSA2,36,20 15(26) "Mining" means all or part of the process involved in the mining of a
16ferrous mineral, other than for exploration, including commercial extraction,
17agglomeration, beneficiation, construction of roads, removal of overburden, and the
18production of refuse, involving the removal of more than 15,000 tons of earth
19material a year in the regular operation of a business for the purpose of extracting
20a ferrous mineral.
SB488-SSA2,36,21 21(27) "Mining permit" means the permit under s. 295.58.
SB488-SSA2,36,24 22(28) "Mining plan" means a proposal for mining on a mining site, including a
23description of the systematic activities to be used for the purpose of extracting
24ferrous minerals.
SB488-SSA2,37,5
1(29) "Mining site" means the surface area disturbed by mining, including the
2surface area from which the ferrous minerals or refuse or both have been removed,
3the surface area covered by refuse, all lands disturbed by the construction or
4improvement of haulageways, and any surface areas in which structures,
5equipment, materials, and any other things used in the mining are situated.
SB488-SSA2,37,13 6(30) "Mining waste" means tailings, waste rock, mine overburden, waste
7treatment sludges, or other discarded material, including solid, liquid, semi-solid,
8or contained gaseous material, resulting from mining or from the cleaning or
9preparation of ferrous minerals during mining operations, except that "mining
10waste" does not include topsoil and mine overburden intended to be returned to the
11mining site or used in the reclamation process and that is placed on the mining site
12for those purposes, as provided for in the approved mining plan, and does not include
13merchantable by-products.
SB488-SSA2,37,18 14(31) "Mining waste site" means any land or appurtenances thereto used for the
15storage or disposal of mining waste or for the storage of merchantable by-products,
16but does not include land or appurtenances used in the production or transportation
17of mining waste, such as the concentrator, haul roads, or tailings pipelines, that are
18part of the mining site.
SB488-SSA2,37,21 19(32) "Nonferrous metallic mineral" means an ore or other earthen material to
20be excavated from natural deposits on or in the earth for its metallic content but not
21primarily for its iron oxide content.
SB488-SSA2,37,24 22(33) "Operator" means any person who is engaged in mining, or who holds a
23mining permit, whether individually, jointly, or through subsidiaries, agents,
24employees, or contractors.
SB488-SSA2,37,25 25(34) "Overburden" means any unconsolidated material that overlies bedrock.
SB488-SSA2,38,3
1(35) "Person" means an individual, corporation, limited liability company,
2partnership, association, local governmental agency, interstate agency, state agency,
3or federal agency.
SB488-SSA2,38,5 4(36) "Piping" means the progressive erosion of materials from an embankment
5or foundation caused by the seepage of water.
SB488-SSA2,38,7 6(37) "Principal shareholder" means any person who owns at least 10 percent
7of the beneficial ownership of an applicant or operator.
SB488-SSA2,38,10 8(38) "Reagent" means a substance or compound that is added to a system in
9order to bring about a chemical reaction or is added to see if a reaction occurs to
10confirm the presence of another substance.
SB488-SSA2,38,13 11(39) "Reclamation" means the process by which an area physically or
12environmentally affected by exploration or mining is rehabilitated to either its
13original state or to a state that provides long-term environmental stability.
SB488-SSA2,38,15 14(40) "Reclamation plan" means the proposal for the reclamation of an
15exploration site under s. 295.44 (2) (b) or a mining site under s. 295.49.
SB488-SSA2,38,17 16(41) "Refuse" means all mining waste and all waste materials deposited on or
17in the mining site from other sources, except merchantable by-products.
SB488-SSA2,38,20 18(42) "Related person" means any person that owns or operates a mining site
19in the United States and that is one of the following when an application for a mining
20permit is submitted to the department:
SB488-SSA2,38,2121 (a) The parent corporation of the applicant.
SB488-SSA2,38,2322 (b) A person that holds more than a 30 percent ownership interest in the
23applicant.
SB488-SSA2,38,2524 (c) A subsidiary or affiliate of the applicant in which the applicant holds more
25than a 30 percent ownership interest.
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