LRB-4371/4
RCT:kmg:km
1995 - 1996 LEGISLATURE
December 19, 1995 - Introduced by Representatives Black, Lorge, Ryba,
Baumgart, Plache, Bock, Boyle, R. Young, Robson, La Fave, Hanson,
Baldwin, Wirch, Kreuser, Hasenohrl, Coggs, Notestein and Cullen,
cosponsored by Senators Burke, Decker, Clausing, Chvala, Risser and
Wineke. Referred to Committee on Environment and Utilities.
AB758,1,3
1An Act to amend 144.85 (5) (a) 1. (intro.); and
to create 144.851 of the statutes;
2relating to: issuance of metallic mining permits for the mining of sulfide ore
3bodies.
Analysis by the Legislative Reference Bureau
Current law prohibits mining for metallic minerals without a mining permit
issued by the department of natural resources (DNR). This bill prohibits DNR from
issuing a metallic mining permit for the mining of a sulfide ore body until DNR
determines that a mine has operated in a sulfide ore body in the United States or
Canada for at least 10 years without polluting groundwater or surface water and that
a mine that operated in a sulfide ore body in the United States or Canada has been
closed for at least 10 years without polluting groundwater or surface water.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB758, s. 1
4Section
1. 144.85 (5) (a) 1. (intro.) of the statutes is amended to read:
AB758,1,75
144.85
(5) (a) 1. (intro.) Except
as provided in par. (b) and s. 144.851 and except 6with respect to property specified in s. 16.21 (11), within 90 days of the completion
7of the public hearing record, the department shall issue the mining permit if it finds:
AB758, s. 2
8Section
2. 144.851 of the statutes is created to read:
AB758,2,2
1144.851 Moratorium on issuance of permits for mining of sulfide ore
2bodies.
AB758,2,4
3(1) In this section, "sulfide ore body" means a mineral deposit in which metals
4are mixed with sulfide minerals.
AB758,2,7
5(2) Beginning on the effective date of this subsection .... [revisor inserts date],
6the department may not issue a permit under s. 144.85 for the mining of a sulfide ore
7body until all of the following conditions are satisfied:
AB758,2,128
(a)
The department determines, based on information provided by an applicant
9for a permit under s. 144.85, that a mining operation has operated in a sulfide ore
10body in the United States or Canada for at least 10 years without polluting
11groundwater or surface water from acid drainage at the tailings site or at the mine
12site or from the release of heavy metals.
AB758,2,1713
(b)
The department determines, based on information provided by an applicant
14for a permit under s. 144.85, that a mining operation that operated in a sulfide ore
15body in the United States or Canada has been closed for at least 10 years without
16polluting groundwater or surface water from acid drainage at the tailings site or at
17the mine site or from the release of heavy metals.
AB758,2,19
18(3) This section applies without regard to the date of submission of the permit
19application.
