SB622, s. 711
7Section
711. 144.76 (13) of the statutes is renumbered 292.81, and 292.81 (1),
8(2) (a) (intro.), 1. and 2., (b), (c) and (d), (3) and (4) (a), (b) (intro.) and (c) to (e), as
9renumbered, are amended to read:
SB622,285,1510
292.81
(1) In this
subsection section, "valid prior lien" means a purchase money
11real estate mortgage that is recorded before the lien is filed under this
paragraph 12section, including any extension or refinancing of that purchase money mortgage, or
13an equivalent security interest, or a 2nd or subsequent mortgage for home
14improvement or repair that is recorded before the lien is filed under this
paragraph 15section, including any extension or refinancing of that 2nd or subsequent mortgage.
SB622,285,19
16(2) (a) (intro.) Before incurring expenses under
this section or s. 144.442 (4),
17(6) or (8) s. 292.11, 292.31 (1), (3) or (7) or
144.77 292.41 (4) with respect to a property,
18the department shall provide to the current owner of the property and to any
19mortgagees of record a notice containing all of the following:
SB622,285,2220
1. A brief description of the property for which the department expects to incur
21expenses under
this section or s. 144.442 (4), (6) or (8) s. 292.11, 292.31 (1), (3) or (7) 22or
144.77 292.41 (4).
SB622,285,2523
2. A brief description of the types of activities that the department expects may
24be conducted at the property under
this section or s. 144.442 (4), (6) or (8) s. 292.11, 25292.31 (1), (3) or (7) or
144.77
292.41 (4).
SB622,286,5
1(b) The department shall provide notice under
subd. 1. par. (a) by certified mail,
2return receipt requested, to the property owner and to each mortgagee of record at
3the addresses listed on the recorded documents. If the property owner is unknown
4or if a mailed notice is returned undelivered, the department shall provide the notice
5by publication thereof as a class 3 notice under ch. 985.
SB622,286,96
(c) The failure to provide the notice or include information required under this
7paragraph subsection does not impair the department's ability to file a lien or to seek
8to establish the property owner's liability for the expenses incurred by the
9department.
SB622,286,1210
(d) No notice under this
paragraph subsection is necessary in circumstances
11in which entry onto the property without prior notice is authorized under
sub. s.
12292.11 (8) or under s.
144.77 292.41 (5).
SB622,286,20
13(3) Any expenditures made by the department under
this section, under s. 14144.442 (4), (6) or (8) s. 292.11 or 292.31 (1), (3) or (7) or, subject to s.
144.77
292.41 15(6) (d), under s.
144.77 292.41 (4) shall constitute a lien upon the property for which
16expenses are incurred if the department files the lien with the register of deeds in
17the county in which the property is located. A lien under this
subsection section shall
18be superior to all other liens that are or have been filed against the property, except
19that if the property is residential property, as defined in s. 895.52 (1) (i), the lien may
20not affect any valid prior lien on that residential property.
SB622,286,23
21(4) (a) Before filing a lien under
par. (c) sub. (3), the department shall give the
22owner of the property for which the expenses are incurred a notice of its intent to file
23the lien, as provided in this
paragraph subsection.
SB622,286,2524
(b) (intro.) The notice required under
subd. 1.
par. (a) shall provide all of the
25following:
SB622,287,7
1(c) The department shall serve the notice required in
subd. 1. par. (a) on the
2property owner at least 60 days before filing the lien. The notice shall be provided
3by certified mail, return receipt requested, to the property owner and to each
4mortgagee of record at the addresses listed on the recorded documents. If the
5property owner is unknown or if a mailed notice is returned undelivered, the
6department shall provide the notice by publication thereof as a class 3 notice under
7ch. 985.
SB622,287,178
(d) In the foreclosure of any lien filed under this
paragraph subsection, ch. 846
9shall control as far as applicable unless otherwise provided in this
paragraph 10subsection. All persons who may be liable for the expenses incurred by the
11department may be joined as defendants. The judgment shall adjudge the amount
12due the department, and shall direct that the property, or so much of the property
13as is necessary, be sold to satisfy the judgment, and that the proceeds be brought into
14court with the report of sale to abide the order of the court. If the sum realized at
15the sale is insufficient after paying the costs of the action and the costs of making the
16sale, the court shall determine the liability of the defendants for the remaining
17unreimbursed expenses and costs.
SB622,287,2018
(e) This
paragraph subsection does not apply if the lien is filed after the
19department obtains a judgment against the property owner and the lien is for the
20amount of the judgment.
SB622, s. 712
21Section
712. 144.765 (title) and (1) (intro.) of the statutes are renumbered
22292.15 (title) and (1) (intro.).
SB622, s. 713
23Section
713. 144.765 (1) (a) of the statutes is repealed.
SB622, s. 714
24Section
714. 144.765 (1) (b), (c), (d) and (e) of the statutes are renumbered
25292.15 (1) (b), (c), (d) and (e).
SB622, s. 715
1Section
715. 144.765 (2), (3), (4) and (5) of the statutes are renumbered 292.15
2(2), (3), (4) and (5), and 292.15 (2) (a) (intro.) and (4) (intro.), as renumbered, are
3amended to read:
SB622,288,84
292.15
(2) (a) (intro.) A purchaser is exempt from the provisions of s.
144.76 5292.11 (3), (4) and (7) (b) and (c) with respect to the existence of a hazardous
6substance on the property the release of which occurred prior to the date of
7acquisition of the property, if all of the following occur at any time before or after the
8date of acquisition:
SB622,288,13
9(4) Limited responsibility. (intro.)
The responsibility of a purchaser under
10sub. (2) (a) 2 may be monetarily limited by agreement between the purchaser and the
11department if the purchaser purchased the property from a municipality that
12acquired the property in a way described in s.
144.76
292.11 (9) (e)
1. 1m. a. or b. The
13agreement shall stipulate all of the following:
SB622, s. 716
14Section
716. 144.77 of the statutes, as affected by
1995 Wisconsin Act 27, is
15renumbered 292.41, and 292.41 (2) and (6) (d), as renumbered, are amended to read:
SB622,288,1816
292.41
(2) Applicability. (a) This section does not apply to abandoned
17containers which are located in an approved facility or a nonapproved facility
, as
18defined under s. 144.442 (1).
SB622,288,2019
(b) Action by the department under this section is not subject to s.
144.442 (4)
20to (9) 292.31.
SB622,288,24
21(6) (d) Any expenditures made by the department under sub. (4) shall
22constitute a lien upon the property for which the expenses are incurred, as provided
23in s.
144.76 (13) 292.81, if the department is entitled to recover the expenditures from
24the property owner under par. (c).
SB622, s. 717
1Section
717. 144.788 of the statutes is renumbered 299.43, and 299.43 (2) (c),
2as renumbered, is amended to read:
SB622,289,43
299.43
(2) (c) No person who is licensed under s.
144.44 (4) 289.31, 291.23 or
4144.64 291.25 may use the facility.
SB622, s. 718
5Section
718. 144.79 of the statutes is renumbered 299.45, and 299.45 (7) and
6(9), as renumbered, are amended to read:
SB622,289,187
299.45
(7) The department shall adopt rules prescribing the methods and
8providing or designating sites and facilities for the disposal of PCBs and products
9containing PCBs. Such rules may require reporting by persons disposing of PCBs
10and products containing PCBs. Persons disposing of PCBs or products containing
11PCBs shall comply with such rules unless such products are exempted under sub. (3)
12(b) or (c). In this section, disposal does not include the disposal of PCBs in sludge
13produced by wastewater treatment systems under s.
144.435 289.05 (1) and chs. NR
14500 to 520, Wis. adm. code, the discharge of effluents containing PCBs or the
15manufacture or sale of recycled paper products to which PCBs have not been
16intentionally added during or after manufacture for any of the uses set forth in sub.
17(1) (c). Nothing in this section shall exempt any person from applicable disposal or
18discharge limitations required or authorized under other statutes.
SB622,289,20
19(9) The department shall enforce this section as provided in ss.
147.21 and
20147.29 283.89 and 283.91.
SB622, s. 719
21Section
719. Subchapter V (title) of chapter 144 [precedes 144.80] of the
22statutes is repealed.
Note: This section repeals the "short title" of the metallic mining statutes. The
repealed provision is as follows:
"144.80 Metallic mining reclamation act. (1) Sections 144.80 to 144.94 shall be
known and may be cited as the "Metallic Mining Reclamation Act".
The use of short titles is an obsolete drafting style. A short title is entirely
nonsubstantive and, therefore, adds nothing to the metallic mining statutes. Users of
these statutes may continue to refer to them as the "metallic mining reclamation act" or
by any other name that seems appropriate.
SB622, s. 721
1Section
721. 144.81 (intro.) of the statutes is renumbered 293.01 (intro.) and
2amended to read:
SB622,290,4
3293.01 Definitions. (intro.) In
ss. 144.80 to 144.94 this chapter, unless the
4context requires otherwise:
SB622, s. 722
5Section
722. 144.81 (1m) of the statutes is renumbered 293.01 (2).
SB622, s. 723
6Section
723. 144.81 (2) of the statutes is renumbered 293.01 (5).
SB622, s. 724
7Section
724. 144.81 (2m) of the statutes is renumbered 293.01 (6) and
8amended to read:
SB622,290,109
293.01
(6) "Exploration license" means the license required under s.
144.832 10293.21 (2) as a condition of engaging in exploration.
SB622, s. 725
11Section
725. 144.81 (3) of the statutes is renumbered 293.01 (7).
SB622, s. 726
12Section
726. 144.81 (4) of the statutes is renumbered 293.01 (8).
SB622, s. 727
13Section
727. 144.81 (5) of the statutes is renumbered 293.01 (9).
SB622, s. 728
14Section
728. 144.81 (6) of the statutes is renumbered 293.01 (10) and amended
15to read:
SB622,290,1816
293.01
(10) "Mining plan" means the proposal for the mining of the mining site
17which shall be approved by the department under s. 144.85 prior to the issuance of
18the mining permit.
Note: The requirement for the DNR to approve the mining plan before issuing the
mining permit is moved to the requirements for approval of the mining permit in s. 144.85
(5) (a) 1. a., renumbered as s. 293.49 (1) (a) 1.
SB622, s. 729
19Section
729. 144.81 (7) of the statutes is renumbered 293.01 (11).
SB622, s. 730
20Section
730. 144.81 (8) of the statutes is renumbered 293.01 (12).
SB622, s. 731
1Section
731. 144.81 (9) of the statutes is renumbered 293.01 (13).
SB622, s. 732
2Section
732. 144.81 (10) of the statutes is renumbered 293.01 (17).
SB622, s. 733
3Section
733. 144.81 (12) of the statutes is renumbered 293.01 (18) and
4amended to read:
SB622,291,165
293.01
(18) "Prospecting" means engaging in the examination of an area for the
6purpose of determining the quality and quantity of minerals, other than for
7exploration but including the obtaining of an ore sample, by such physical means as
8excavating, trenching, construction of shafts, ramps and tunnels and other means,
9other than for exploration, which the department, by rule, identifies, and the
10production of prospecting refuse and other associated activities. "Prospecting" shall
11not include such activities when the activities are, by themselves, intended for and
12capable of commercial exploitation of the underlying ore body. However, the fact that
13prospecting activities and construction may have use ultimately in mining, if
14approved, shall not mean that prospecting activities and construction constitute
15mining within the meaning of sub.
(5) (9), provided such activities and construction
16are reasonably related to prospecting requirements.
SB622, s. 734
17Section
734. 144.81 (13) of the statutes is renumbered 293.01 (19).
SB622, s. 735
18Section
735. 144.81 (13m) of the statutes is renumbered 293.01 (20) and
19amended to read:
SB622,291,2220
293.01
(20) "Prospecting plan" means the proposal for prospecting of the
21prospecting site
, which shall be approved by the department under s. 144.84 prior
22to the issuance of the prospecting permit.
Note: The requirement for the DNR to approve the prospecting plan before issuing
the prospecting permit is moved to the requirements for issuance of the prospecting
permit in s. 144.84 (2), renumbered as s. 293.45 (1).
SB622, s. 736
23Section
736. 144.81 (13n) of the statutes is renumbered 293.01 (21).
SB622, s. 737
1Section
737. 144.81 (14) of the statutes is renumbered 293.01 (22).
SB622, s. 738
2Section
738. 144.81 (15) of the statutes is renumbered 293.01 (23) and
3amended to read:
SB622,292,104
293.01
(23) "Reclamation" means the process by which an area physically or
5environmentally affected by prospecting or mining is rehabilitated to either its
6original state or, if this is shown to be physically or economically impracticable or
7environmentally or socially undesirable, to a state that provides long-term
8environmental stability. Reclamation shall provide the greatest feasible protection
9to the environment and shall include, but is not limited to, the criteria for
10reclamation set forth in s.
144.83 293.13 (2) (c).
SB622, s. 739
11Section
739. 144.81 (16) of the statutes is renumbered 293.01 (24) and
12amended to read:
SB622,292,1613
293.01
(24) "Reclamation plan" means the proposal for the reclamation of the
14prospecting or mining site which must be approved by the department under s.
15144.84 293.45 or
144.85 293.49 prior to the issuance of the prospecting or mining
16permit.
SB622, s. 740
17Section
740. 144.81 (17) of the statutes is renumbered 293.01 (25).
SB622, s. 741
18Section
741. 144.81 (17m) of the statutes is renumbered 293.01 (26).
SB622, s. 742
19Section
742. 144.81 (18) of the statutes is renumbered 293.01 (28).
SB622, s. 743
20Section
743. 144.815 of the statutes is renumbered 293.61, and 293.61 (2) (b),
21as renumbered, is amended to read:
SB622,293,222
293.61
(2) (b) If the cessation of mining does not continue beyond the time
23period specified by the department. The time limit specified by the department may
24not exceed 5 years for a mining operation for which a permit is issued under s.
144.85 25293.49 on or after May 19, 1984. The time limit specified by the department may not
1exceed 10 years for a mining operation for which a permit is issued under s.
144.85 2293.49 before May 19, 1984;
SB622, s. 745
5Section
745. 144.83 (title) of the statutes is repealed.
SB622, s. 746
6Section
746. 144.83 (1) of the statutes is renumbered 293.13 (1), and 293.13
7(1) (a) and (b), as renumbered, are amended to read:
SB622,293,98
293.13
(1) (a) Adopt rules, including rules for prehearing discovery,
9implementing and consistent with
ss. 144.80 to 144.94
this chapter.
SB622,293,1710
(b) Establish by rule after consulting with the metallic mining council
11minimum qualifications for applicants for prospecting and mining permits. Such
12minimum qualifications shall ensure that each operator in the state is competent to
13conduct mining and reclamation and each prospector in the state is competent to
14conduct prospecting in a fashion consistent with the purposes of
ss. 144.80 to 144.94 15this chapter. The department shall also consider such other relevant factors bearing
16upon minimum qualifications, including but not limited to, any past forfeitures of
17bonds posted pursuant to mining activities in any state.
SB622, s. 747
18Section
747. 144.83 (2) of the statutes is renumbered 293.13 (2), and 293.13
19(2) (a), (b) 11. and 12., (c) (intro.) and 1. and (d) 3. (intro.) and 4., as renumbered, are
20amended to read:
SB622,294,221
293.13
(2) (a) The department by rule after consulting with the metallic mining
22council shall adopt minimum standards for exploration, prospecting, mining and
23reclamation to ensure that such activities in this state will be conducted in a manner
24consistent with the purposes and intent of
ss. 144.80 to 144.94 this chapter. The
1minimum standards may classify exploration, prospecting and mining activities
2according to type of minerals involved and stage of progression in the operation.
SB622,294,43
(b) 11. Identification and prevention of pollution as defined in s.
144.01 (10) 4281.01 (10) resulting from leaching of waste materials.
SB622,294,65
12. Identification and prevention of significant environmental pollution
as
6defined in s. 144.01 (3).
SB622,294,97
(c) (intro.) Minimum standards for reclamation of exploration sites, where
8appropriate, and for prospecting and mining sites shall conform to s.
144.81 (15) 9293.01 (23) and include provision for the following:
SB622,294,1210
1. Disposal of all toxic and hazardous wastes, refuse, tailings and other solid
11waste in solid or hazardous waste disposal facilities licensed under
this chapter ch.
12289 or 291 or otherwise in an environmentally sound manner.
SB622,294,1613
(d) 3. (intro.) Hazards resulting in irreparable damage to any of the following,
14which cannot be prevented under the requirements of
ss. 144.80 to 144.94 this
15chapter, avoided to the extent applicable by removal from the area of hazard or
16mitigated by purchase or by obtaining the consent of the owner:
SB622,294,2117
4. Irreparable environmental damage to lake or stream bodies despite
18adherence to the requirements of
ss. 144.80 to 144.94
this chapter. This subdivision
19does not apply to an activity which the department has authorized pursuant to
20statute, except that the destruction or filling in of a lake bed shall not be authorized
21notwithstanding any other provision of law.
SB622, s. 748
22Section
748. 144.83 (4) of the statutes is renumbered 293.15, and 293.15 (1),
23(3), (4), (8), (9) and (11), as renumbered, are amended to read:
SB622,295,3
1293.15
(1) Hold hearings relating to any aspect of the administration of
ss.
2144.80 to 144.94 this chapter and, in connection therewith, compel the attendance
3of witnesses and production of evidence.
SB622,295,5
4(3) Issue orders directing particular prospectors or operators to comply with
5the provisions and purposes of
ss. 144.80 to 144.94
this chapter.
SB622,295,7
6(4) Supervise and provide for such educational programs as appear necessary
7to carry out the purposes of
ss. 144.80 to 144.94
this chapter.
SB622,295,15
8(8) Promulgate rules regulating the production, storage and disposal of
9radioactive waste from exploration, prospecting or mining after seeking comments
10from the department of health and family services. At a minimum, rules
11promulgated under this
paragraph subsection shall achieve the margin of safety
12provided in applicable federal statutes and regulations. If the department
13promulgates rules under this
paragraph subsection, the department shall
14investigate the need for standards more restrictive than the applicable federal
15statutes and regulations.
SB622,295,21
16(9) Promulgate rules by which the department may grant an exemption,
17modification or variance, either making a requirement more or less restrictive, from
18any rule promulgated under
subch. IV chs. 289 to 292 and this
subchapter chapter,
19if the exemption, modification or variance does not result in the violation of any
20federal or state environmental law or endanger public health, safety or welfare or the
21environment.
SB622,295,25
22(11) Notwithstanding
ss. 144.43 to 144.47 and 144.60 to 144.74 chs. 289 and
23291, promulgate rules establishing groundwater quality standards or groundwater
24quantity standards, or both, for any prospecting or mining activity, including
25standards for any mining waste site.
Note: Some portions of new ch. 292, remedial action, are taken from current ss.
144.43 to 144.47 and 144.60 to 144.74. However, ch. 292 is not included in the
cross-reference in new s. 293.15 (11) because the remedial action statutes are not the
source of statutory authority for groundwater quality and quantity standards, and
because new ch. 292 includes additional material that is not taken from current ss. 144.43
to 144.47 and 144.60 to 144.74.
SB622, s. 749
1Section
749. 144.83 (5) of the statutes is renumbered 293.15 (12) and amended
2to read: