Amendment ASA2-SB1

SB1-ASA2,12,19 (3) Work with and provide assistance to other regulatory agencies, including local, state, and federal agencies, during the processes under this subchapter related to proposed mining in which the agencies have an interest.

SB1-ASA2,12,24 (4) After the department receives a notice under s. 293.31, seek to enter into a memorandum of understanding with any federal regulatory agency with responsibilities related to the potential mining operation covering timelines, sampling metrology, and any other issue of mutual concern related to processing an application for a mining permit.

SB1-ASA2,13,3 (5) Seek to take the lead in processes related to processing an application for a mining permit that are undertaken in coordination with federal regulatory agencies.

SB1-ASA2,22 Section 22. 293.35 (5) of the statutes is amended to read:

SB1-ASA2,13,9 293.35 (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 s. 293.42 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).

SB1-ASA2,23 Section 23. 293.37 (2) (gm) of the statutes is created to read:

SB1-ASA2,13,13 293.37 (2) (gm) A proposed irrevocable trust agreement to provide funds for activities to avoid or remedy any adverse environmental consequences from the mining operation.

SB1-ASA2,24 Section 24. 293.42 of the statutes is created to read:

SB1-ASA2,13,17 293.42 Process for certain prospecting permit applications. If the application for a prospecting permit shows that less 10,000 tons of material is proposed to be excavated, all of the following apply:

SB1-ASA2,13,19 (1) The department is not required to prepare a statement under s. 1.11 or an environmental analysis for consideration of the application.

SB1-ASA2,13,22 (2) The department shall hold a public informational hearing on the application in the county where the prospecting site, or the largest portion of the prospecting site, is located.

SB1-ASA2,14,2 (3) The hearing under sub. (2), shall cover, to the fullest extent possible, all other applications for approvals, licenses, and permits issued by the department that are needed to conduct the prospecting. The department shall inform the applicant as to the timely application date for all approvals, licenses, and permits issued by the department, so as to facilitate their consideration at the hearing.

SB1-ASA2,14,5 (4) The department shall approve the application for the prospecting permit, and issue the prospecting permit, or deny the application, under s. 293.45, no later than 60 days after the department determines that the application is complete.

SB1-ASA2,14,13 (5) For each approval, license, or permit, other than the prospecting permit, covered by the hearing under sub. (2), except for an approval, license, or permit for which federal law requires the opportunity for public comment or the ability to request a public hearing prior to issuance, the department shall approve the application and issue the approval, license, or permit or deny the application no later than 60 days after the department determines that the application for the prospecting permit is complete, notwithstanding any procedural provisions that would otherwise apply.

SB1-ASA2,14,16 (6) Notwithstanding s. 227.42, no person is entitled to a contested case hearing on a decision by the department on the prospecting permit or on another approval, license, or permit that is covered by the public informational hearing under sub. (2).

SB1-ASA2,25 Section 25. 293.43 (title) of the statutes is amended to read:

SB1-ASA2,14,19 293.43 (title) Hearings Public informational hearings on permit applications.

SB1-ASA2,26 Section 26. 293.43 (1) of the statutes is repealed and recreated to read:

SB1-ASA2,14,23 293.43 (1) Applicability. This section applies to all applications for mining permits and to those applications for prospecting permits to which s. 293.42 does not apply.

SB1-ASA2,27 Section 27. 293.43 (1m) of the statutes is amended to read:

SB1-ASA2,15,9 293.43 (1m) Scope. (a) The hearing on the Before approving or denying the application for a prospecting or mining permit shall cover, the department shall hold a public informational hearing covering the application and, any statements environmental impact statement prepared under s. 1.11 and, to the fullest extent possible, all other applications for approvals, licenses and permits issued by the department. The department shall inform the applicant as to the timely application date for all approvals, licenses and permits issued by the department, so as to facilitate the consideration of all other matters at the hearing on the prospecting or mining permits permit.

SB1-ASA2,15,25 (b) Except as provided in this paragraph, for all department issued approvals, licenses and permits relating to prospecting or mining including solid waste feasibility report approvals and permits related to air and water, to be issued after April 30, 1980, the notice, hearing and comment provisions, if any, and the time for issuance of decisions, shall be controlled by this section and ss. 293.44, 293.45, and 293.49. If an applicant fails to make application for an approval, license or permit for an activity incidental to prospecting or mining in time for notice under this section to be provided, the notice and comment requirements, if any, shall be controlled by the specific statutory provisions with respect to that application. If notice under those specific statutory notice requirements can be given for consideration of the approval, license or permit at the hearing under this section, the application shall be considered at that hearing; otherwise, the specific statutory hearing provisions, if any, with respect to that application shall control. The substantive requirements for the issuance of any approval, permit or license incidental to prospecting or mining are not affected by the fact that a hearing on the approval, permit or license is conducted as part of a hearing under this section.

SB1-ASA2,28 Section 28. 293.43 (2) of the statutes is amended to read:

SB1-ASA2,16,4 293.43 (2) Location. The hearing under sub. (1m) shall be held in the county where the prospecting or mining site, or the largest portion of the prospecting or mining site, is located, but may subsequently be adjourned to other locations.

SB1-ASA2,29 Section 29. 293.43 (2m) of the statutes is created to read:

SB1-ASA2,16,11 293.43 (2m) Meeting on preliminary environmental impact statement. Before issuing a final environmental impact statement for a mining permit or for a prospecting permit, if the department determines that an environmental impact statement is required under s. 1.11 for the prospecting permit, the department shall hold at least one informational meeting regarding its preliminary environmental impact statement.

SB1-ASA2,30 Section 30. 293.43 (3) (a) of the statutes is repealed.

SB1-ASA2,31 Section 31. 293.43 (3) (b) (intro.) of the statutes is repealed and recreated to read:

SB1-ASA2,16,18 293.43 (3) (b) (intro.) The department shall hold the hearing under sub. (1m) after it issues the final environmental impact statement, if an environmental impact statement is required. The department shall provide notice of the hearing under sub. (1m) by doing all of the following:

SB1-ASA2,32 Section 32. 293.43 (3) (c) of the statutes is amended to read:

SB1-ASA2,16,24 293.43 (3) (c) Written comments may be submitted by any governmental agency within 80 days of the date of or any individual after the issuance of the environmental impact statement under par. (b). Individual persons may submit written comments within 120 days of the date of issuance of the statement. The last day for receipt of comments shall be specified by the department in all notices.

SB1-ASA2,33 Section 33. 293.43 (4) of the statutes is amended to read:

SB1-ASA2,17,7 293.43 (4) Participation by local governments. Any county, town, village or city receiving notice of the filing of an application in the manner provided under sub. (3) (a) or (b) shall refer the application and reclamation plan to a committee established under s. 293.33 (1) or (2), if any, for review and comment. Such counties, towns, villages or cities may participate as a party in the hearing under sub. (1m) on the application and may make recommendations on the reclamation plan and future use of the project site.

SB1-ASA2,34 Section 34. 293.43 (5) of the statutes is repealed.

SB1-ASA2,35 Section 35. 293.44 of the statutes is created to read:

SB1-ASA2,17,17 293.44 Contested case hearing. (1) Requirement; scope. A contested case hearing shall be held on the application for a mining permit or a prospecting permit, other than a prospecting permit to which s. 293.42 applies, if a person files a notice of intent to participate under sub. (4) within 30 days after the department provides notice under sub. (3). The application for any other approval, license, or permit that was covered by the informational hearing under s. 293.43 (1m) and any environmental impact statement prepared under s. 1.11 shall be considered at the contested case hearing.

SB1-ASA2,17,20 (2) Location. The contested case hearing shall be held in the county where the prospecting site or mining site, or the largest portion of the prospecting site or mining site, is located.

SB1-ASA2,17,22 (3) Notice. (a) The department shall provide notice of the contested case hearing by doing all of the following:

SB1-ASA2,18,5 1. Mailing a copy of the notice to all known departments and agencies required to grant any permit necessary for the proposed operation; to any regional planning commission within which the affected area lies; to the governing bodies of all towns, villages, cities, and counties within which any part of the proposed prospecting site or mining site lies; to the governing bodies of any towns, villages, or cities contiguous to any town, village, or city within which any part of the proposed prospecting site or mining site lies; and to any interested persons who have requested such notification.

SB1-ASA2,18,12 2. Publishing a class 2 notice, under ch. 985, utilizing a display advertising format, in the weekly newspaper published in the closest geographic proximity to the proposed prospecting site or mining site; in the newspaper having the largest circulation in a county within which all or a portion of the proposed site lies; and in those newspapers published in counties contiguous to the counties within which all or a portion of the proposed site lies that have a substantial circulation in the area of, or adjacent to, the proposed site.

SB1-ASA2,18,18 3. Mailing a copy of the notice to the federal environmental protection agency, the U.S. army corps of engineers, and other states potentially affected by the proposed discharge if a water discharge permit under ch. 283 is to be considered at the hearing under this section and to 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 hearing under this section.

SB1-ASA2,18,23 (b) 1. The department shall provide the notice under this subsection after holding the informational hearing under s. 293.43 and no later than the 520th day after the day on which the department determines that the application for the mining permit or prospecting permit is complete, except as provided in subds. 2. to 4.

SB1-ASA2,18,25 2. The department may extend the deadline under subd. 1. upon notice to the applicant, for a total of not more than 180 days, if any of the following applies:

SB1-ASA2,19,3 a. The department needs additional time to ensure collaboration with any federal regulatory agency with responsibilities related to the mining or prospecting operation.

SB1-ASA2,19,6 b. The department needs additional time to evaluate information related to the mining or prospecting operation that becomes available after the applicant files the application for the mining permit or prospecting permit.

SB1-ASA2,19,8 c. The applicant makes changes to its proposal for the mining or prospecting operation.

SB1-ASA2,19,11 3. The applicant may, by providing notice to the department, extend the deadline under subd. 1. as often as and for any length of time that the applicant determines to be necessary.

SB1-ASA2,19,16 4. The department and an applicant may negotiate an agreement specifying a timeline for processing the application for a mining permit or prospecting permit and for other approvals, licenses, or permits issued by the department and that timeline may include a deadline for the department to provide notice of the contested case hearing that is different from the deadline under subd. 1.

SB1-ASA2,19,21 (4) Participation. Any person, including a county, city, village, or town that receives notice under sub. (3) (a) 1., who wishes to participate as a party shall file a written notice with the hearing examiner setting forth the person's interest within 30 days after the department provides notice under sub. (3), unless good cause is shown.

SB1-ASA2,20,2 (6) Record. Views given under s. 293.43 on the proposed mining or prospecting operation and all written comments submitted from any source are not part of the record for the contested case under this section, but shall be placed in the file of the proceeding and shall be given appropriate probative value by the hearing examiner or decisionmaker.

SB1-ASA2,20,4 (7) Continuation. Hearings conducted under this section may be continued for just cause, subject to the deadline under sub. (8).

SB1-ASA2,20,10 (8) Deadlines. The hearing examiner shall conclude the hearing under this section and complete the record of the hearing no later than the 680th day after the day on which the department determines that the application for the mining permit or prospecting permit is complete, except that if the deadline under sub. (3) (b) 1. is extended under sub. (3) (b) 2. to 4., the deadline under this subsection is extended by the same number of days.

SB1-ASA2,20,12 (9) Applicability of other law. Chapter 227 applies to a hearing under this section to the extent it is not inconsistent with this section.

SB1-ASA2,36 Section 36. 293.45 (1) and (2) of the statutes are amended to read:

SB1-ASA2,20,24 293.45 (1) The department shall issue a prospecting permit under this section to an applicant within 60 days following the date of the completion of the hearing record if, on the basis of the application, the department's investigation and hearing and any written comments, if it finds that the site is not unsuitable for prospecting or, absent a certification under s. 293.35 (1), surface mining, the department has approved the prospecting plan and the reclamation plan complies with ss. 293.13 (2) and 293.35 (2) and (3) and rules promulgated under ss. 293.13 (2) and 293.35 (2) and (3). The department may modify any part of the application or reclamation plan and approve it as modified. Except as otherwise provided in this chapter, prospecting permits shall be valid for the life of the project, unless canceled under s. 293.83 (1) or (3) or 293.85 or revoked under s. 293.87 (2) or (3).

SB1-ASA2,21,21 (2) The department shall deny a prospecting permit within 60 days following the date of the completion of the hearing record if it finds that the site is unsuitable for prospecting or, absent certification under s. 293.35 (1), surface mining, or the reclamation plan, including the bond, does not comply with ss. 293.13 (2) and 293.35 (2) and (3) and rules promulgated under ss. 293.13 (2) and 293.35 (2) and (3) or that the applicant is in violation of this chapter or any rules adopted under this chapter. If the applicant has previously failed and continues to fail to comply with this chapter, or if the applicant has within the previous 20 years forfeited any bond posted in accordance with prospecting or mining activities in this state, unless by mutual agreement with the state, the department may not issue a prospecting permit. The department may not issue a prospecting permit if it finds that any officer, director or manager of the applicant has, while employed by the applicant, the applicant's parent corporation, any of the applicant's principal shareholders or members, or any of the applicant's subsidiaries or affiliates, in which the applicant owns more than a 40% interest, within the previous 20 years forfeited any bond posted in accordance with prospecting or mining activities in this state unless by mutual agreement with the state. In this subsection, "forfeited any bond" means the forfeiture of any performance security occasioned by noncompliance with any prospecting or mining laws or implementing rules. If an application for a prospecting permit is denied, the department, within 30 days from the date of application denial, shall furnish to the applicant in writing the reasons for the denial.

SB1-ASA2,37 Section 37. 293.45 (2m) of the statutes is created to read:

SB1-ASA2,22,5 293.45 (2m) The department shall approve or deny the application for a prospecting permit, other than a prospecting permit to which s. 293.42 applies, and for any other approval, license, or permit that was covered by the informational hearing under s. 293.43 (1m), after any contested case hearing under s. 293.44 and no later than the 730th day after the day on which the department determines that the application for the prospecting permit is complete, except that if the deadline under s. 293.44 (3) (b) 1. is extended under s. 293.44 (3) (b) 2. to 4., the deadline under this subsection is extended by the same number of days.

SB1-ASA2,38 Section 38. 293.49 (1) (a) (intro.) of the statutes is amended to read:

SB1-ASA2,22,9 293.49 (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, the department shall issue the mining permit if it finds:

SB1-ASA2,39 Section 39. 293.49 (1) (a) 3. of the statutes is amended to read:

SB1-ASA2,22,18 293.49 (1) (a) 3. In the case of a surface mine, the site is not unsuitable for mining. The preliminary determination that a site was not unsuitable for mining under s. 293.45 may not be conclusive in the determination of the site's suitability for mining under this section. However, at the hearing held under this section and s. 293.43 s. 293.44, testimony and evidence submitted at the any prospecting permit proceeding relevant to the issue of suitability of the proposed mining site for surface mining may be adopted, subject to the opportunity for cross-examination and rebuttal, if not unduly repetitious.

SB1-ASA2,40 Section 40. 293.49 (2) (intro.) of the statutes is amended to read:

SB1-ASA2,22,21 293.49 (2) (intro.) Within 90 days of the completion of the public hearing record, the The department shall deny the mining permit if it finds any of the following:

SB1-ASA2,41 Section 41. 293.49 (4g) of the statutes is created to read:

SB1-ASA2,23,4 293.49 (4g) The department shall approve or deny the application for a mining permit, and for any other approval, license, or permit that was covered by the informational hearing under s. 293.43 (1m), after any contested case hearing under s. 293.44 and no later than the 730th day after the day on which the department determines that the application for the mining permit is complete, except that if the deadline under s. 293.44 (3) (b) 1. is extended under s. 293.44 (3) (b) 2. to 4., the deadline under this subsection is extended by the same number of days.

SB1-ASA2,42 Section 42. 293.51 (2m) of the statutes is created to read:

SB1-ASA2,23,15 293.51 (2m) Upon notification that an application for a mining permit has been approved by the department but prior to commencing mining, the operator shall establish an irrevocable trust, in accordance with the proposed agreement under s. 293.37 (2) (gm), in an amount equal to 20 percent of the amount of the bond or other security required under sub. (1) plus 20 percent of the amount of the proof of financial responsibility provided under s. 289.41 (3) for the mining waste site or, if the applicant provides proof of financial responsibility using the net worth method under s. 289.41 (4), of the amount of the proof of financial responsibility that would be required to be provided under s. 289.41 (3) for the mining waste site if the applicant did not use the net worth method.

SB1-ASA2,43 Section 43. 293.51 (3) of the statutes is amended to read:

SB1-ASA2,23,21 293.51 (3) Upon approval of the operator's bond, mining application and certificate of insurance and receipt of evidence of the establishment of the trust under sub. (2m), the department shall issue written authorization to commence mining at the permitted mining site in accordance with the approved mining and reclamation plans.

SB1-ASA2,44 Section 44. 293.64 of the statutes is created to read:

SB1-ASA2,24,4 293.64 Groundwater quality. (1) In the feasibility report under s. 289.24 for a prospecting or mining waste facility, an applicant shall submit information based on predictive modeling to demonstrate whether there is a reasonable certainty that the facility will result in a violation of groundwater quality standards beyond the design management zone, determined under s. 160.21 (2) (d), within a period equal to the period in which the mining waste facility is proposed to operate plus 250 years after the closure of the mining waste facility.

SB1-ASA2,24,12 (2) For the purposes of s. NR 182.075 (1s) and (1u), Wis. Adm. Code, the horizontal distance to the mandatory intervention boundary for a prospecting or mining waste site is 150 feet from the outer waste boundary or a longer distance, up to 600 feet, agreed to by the applicant and the department, notwithstanding s. NR 182.075 (1) (c), Wis. Adm. Code, except that the horizontal distance to the mandatory intervention boundary may not exceed 50 percent of the horizontal distance from the outer waste boundary to the boundary of the design management zone, determined under s. 160.21 (2) (d), for the prospecting or mining waste site.

SB1-ASA2,45 Section 45. Nonstatutory provisions.

SB1-ASA2,24,19 (1) Report concerning groundwater standards. The department of natural resources shall study whether, in connection with metallic mining, groundwater standards under chapter NR 140, Wisconsin Administrative Code, should apply in an aquifer containing saline water and shall report its conclusions to the legislature, in the manner under section 13.172 (2) of the statutes, no later than the first day of the 12th month beginning after the effective date of this subsection.

SB1-ASA2,24,20 (2) Waste characterization rules.

SB1-ASA2,24,24 (a) The department of natural resources shall submit in proposed form the rules required under section 289.05 (2) of the statutes, as affected by this act, to the legislative council staff under section 227.15 (1) of the statutes no later than the first day of the 9th month beginning after the effective date of this paragraph.

SB1-ASA2,25,7 (b) Notwithstanding section 227.135 (2) of the statutes, the department of natural resources is not required to present the statement of the scope of the rules required under section 289.05 (2) of the statutes, as affected by this act, to the governor for approval. Notwithstanding section 227.185 of the statutes, the department of natural resources is not required to present the rules required under section 289.05 (2) of the statutes, as affected by this act, in final draft form to the governor for approval.

SB1-ASA2,25,15 (c) Notwithstanding section 227.137 (2) of the statutes, the department of natural resources is not required to prepare an economic impact report for the rules required under section 289.05 (2) of the statutes, as affected by this act. Notwithstanding sections 227.14 (2g) and 227.19 (3) (e) of the statutes, the department of natural resources is not required to submit the proposed rules required under section 289.05 (2) of the statutes, as affected by this act, to the small business regulatory review board and is not required to prepare a final regulatory flexibility analysis for those rules.

SB1-ASA2,25,16 (End)