SB622: Bill Text

SB622,288,13 (4) Limited responsibility. (intro.) The responsibility of a purchaser under sub. (2) (a) 2 may be monetarily limited by agreement between the purchaser and the department if the purchaser purchased the property from a municipality that acquired the property in a way described in s. 144.76 292.11 (9) (e) 1. 1m. a. or b. The agreement shall stipulate all of the following:

SB622, s. 716 Section 716. 144.77 of the statutes, as affected by 1995 Wisconsin Act 27, is renumbered 292.41, and 292.41 (2) and (6) (d), as renumbered, are amended to read:

SB622,288,18 292.41 (2) Applicability. (a) This section does not apply to abandoned containers which are located in an approved facility or a nonapproved facility, as defined under s. 144.442 (1).

SB622,288,20 (b) Action by the department under this section is not subject to s. 144.442 (4) to (9) 292.31.

SB622,288,24 (6) (d) Any expenditures made by the department under sub. (4) shall constitute a lien upon the property for which the expenses are incurred, as provided in s. 144.76 (13) 292.81, if the department is entitled to recover the expenditures from the property owner under par. (c).

SB622, s. 717 Section 717. 144.788 of the statutes is renumbered 299.43, and 299.43 (2) (c), as renumbered, is amended to read:

SB622,289,4 299.43 (2) (c) No person who is licensed under s. 144.44 (4) 289.31, 291.23 or 144.64 291.25 may use the facility.

SB622, s. 718 Section 718. 144.79 of the statutes is renumbered 299.45, and 299.45 (7) and (9), as renumbered, are amended to read:

SB622,289,18 299.45 (7) The department shall adopt rules prescribing the methods and providing or designating sites and facilities for the disposal of PCBs and products containing PCBs. Such rules may require reporting by persons disposing of PCBs and products containing PCBs. Persons disposing of PCBs or products containing PCBs shall comply with such rules unless such products are exempted under sub. (3) (b) or (c). In this section, disposal does not include the disposal of PCBs in sludge produced by wastewater treatment systems under s. 144.435 289.05 (1) and chs. NR 500 to 520, Wis. adm. code, the discharge of effluents containing PCBs or the manufacture or sale of recycled paper products to which PCBs have not been intentionally added during or after manufacture for any of the uses set forth in sub. (1) (c). Nothing in this section shall exempt any person from applicable disposal or discharge limitations required or authorized under other statutes.

SB622,289,20 (9) The department shall enforce this section as provided in ss. 147.21 and 147.29 283.89 and 283.91.

SB622, s. 719 Section 719. Subchapter V (title) of chapter 144 [precedes 144.80] of the statutes is repealed.

SB622, s. 720 Section 720. 144.80 of the statutes 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 Section 721. 144.81 (intro.) of the statutes is renumbered 293.01 (intro.) and amended to read:

SB622,290,4 293.01 Definitions. (intro.) In ss. 144.80 to 144.94 this chapter, unless the context requires otherwise:

SB622, s. 722 Section 722. 144.81 (1m) of the statutes is renumbered 293.01 (2).

SB622, s. 723 Section 723. 144.81 (2) of the statutes is renumbered 293.01 (5).

SB622, s. 724 Section 724. 144.81 (2m) of the statutes is renumbered 293.01 (6) and amended to read:

SB622,290,10 293.01 (6) "Exploration license" means the license required under s. 144.832 293.21 (2) as a condition of engaging in exploration.

SB622, s. 725 Section 725. 144.81 (3) of the statutes is renumbered 293.01 (7).

SB622, s. 726 Section 726. 144.81 (4) of the statutes is renumbered 293.01 (8).

SB622, s. 727 Section 727. 144.81 (5) of the statutes is renumbered 293.01 (9).

SB622, s. 728 Section 728. 144.81 (6) of the statutes is renumbered 293.01 (10) and amended to read:

SB622,290,18 293.01 (10) "Mining plan" means the proposal for the mining of the mining site which shall be approved by the department under s. 144.85 prior to the issuance of the 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 Section 729. 144.81 (7) of the statutes is renumbered 293.01 (11).

SB622, s. 730 Section 730. 144.81 (8) of the statutes is renumbered 293.01 (12).

SB622, s. 731 Section 731. 144.81 (9) of the statutes is renumbered 293.01 (13).

SB622, s. 732 Section 732. 144.81 (10) of the statutes is renumbered 293.01 (17).

SB622, s. 733 Section 733. 144.81 (12) of the statutes is renumbered 293.01 (18) and amended to read:

SB622,291,16 293.01 (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. (5) (9), provided such activities and construction are reasonably related to prospecting requirements.

SB622, s. 734 Section 734. 144.81 (13) of the statutes is renumbered 293.01 (19).

SB622, s. 735 Section 735. 144.81 (13m) of the statutes is renumbered 293.01 (20) and amended to read:

SB622,291,22 293.01 (20) "Prospecting plan" means the proposal for prospecting of the prospecting site, which shall be approved by the department under s. 144.84 prior to 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 Section 736. 144.81 (13n) of the statutes is renumbered 293.01 (21).

SB622, s. 737 Section 737. 144.81 (14) of the statutes is renumbered 293.01 (22).

SB622, s. 738 Section 738. 144.81 (15) of the statutes is renumbered 293.01 (23) and amended to read:

SB622,292,10 293.01 (23) "Reclamation" means the process by which an area physically or environmentally affected by prospecting or mining is rehabilitated to either its original state or, if this is shown to be physically or economically impracticable or environmentally or socially undesirable, to a state that provides long-term environmental stability. Reclamation shall provide the greatest feasible protection to the environment and shall include, but is not limited to, the criteria for reclamation set forth in s. 144.83 293.13 (2) (c).

SB622, s. 739 Section 739. 144.81 (16) of the statutes is renumbered 293.01 (24) and amended to read:

SB622,292,16 293.01 (24) "Reclamation plan" means the proposal for the reclamation of the prospecting or mining site which must be approved by the department under s. 144.84 293.45 or 144.85 293.49 prior to the issuance of the prospecting or mining permit.

SB622, s. 740 Section 740. 144.81 (17) of the statutes is renumbered 293.01 (25).

SB622, s. 741 Section 741. 144.81 (17m) of the statutes is renumbered 293.01 (26).

SB622, s. 742 Section 742. 144.81 (18) of the statutes is renumbered 293.01 (28).

SB622, s. 743 Section 743. 144.815 of the statutes is renumbered 293.61, and 293.61 (2) (b), as renumbered, is amended to read:

SB622,293,2 293.61 (2) (b) If the cessation of mining does not continue beyond the time period specified by the department. The time limit specified by the department may not exceed 5 years for a mining operation for which a permit is issued under s. 144.85 293.49 on or after May 19, 1984. The time limit specified by the department may not exceed 10 years for a mining operation for which a permit is issued under s. 144.85 293.49 before May 19, 1984;

SB622, s. 744 Section 744. 144.82 of the statutes, as affected by 1995 Wisconsin Act 27, is renumbered 293.11.

SB622, s. 745 Section 745. 144.83 (title) of the statutes is repealed.

SB622, s. 746 Section 746. 144.83 (1) of the statutes is renumbered 293.13 (1), and 293.13 (1) (a) and (b), as renumbered, are amended to read:

SB622,293,9 293.13 (1) (a) Adopt rules, including rules for prehearing discovery, implementing and consistent with ss. 144.80 to 144.94 this chapter.

SB622,293,17 (b) Establish by rule after consulting with the metallic mining council minimum qualifications for applicants for prospecting and mining permits. Such minimum qualifications shall ensure that each operator in the state is competent to conduct mining and reclamation and each prospector in the state is competent to conduct prospecting in a fashion consistent with the purposes of ss. 144.80 to 144.94 this chapter. The department shall also consider such other relevant factors bearing upon minimum qualifications, including but not limited to, any past forfeitures of bonds posted pursuant to mining activities in any state.

SB622, s. 747 Section 747. 144.83 (2) of the statutes is renumbered 293.13 (2), and 293.13 (2) (a), (b) 11. and 12., (c) (intro.) and 1. and (d) 3. (intro.) and 4., as renumbered, are amended to read:

SB622,294,2 293.13 (2) (a) The department by rule after consulting with the metallic mining council shall adopt minimum standards for exploration, prospecting, mining and reclamation to ensure that such activities in this state will be conducted in a manner consistent with the purposes and intent of ss. 144.80 to 144.94 this chapter. The minimum standards may classify exploration, prospecting and mining activities according to type of minerals involved and stage of progression in the operation.

SB622,294,4 (b) 11. Identification and prevention of pollution as defined in s. 144.01 (10) 281.01 (10) resulting from leaching of waste materials.

SB622,294,6 12. Identification and prevention of significant environmental pollution as defined in s. 144.01 (3).

SB622,294,9 (c) (intro.) Minimum standards for reclamation of exploration sites, where appropriate, and for prospecting and mining sites shall conform to s. 144.81 (15) 293.01 (23) and include provision for the following:

SB622,294,12 1. Disposal of all toxic and hazardous wastes, refuse, tailings and other solid waste in solid or hazardous waste disposal facilities licensed under this chapter ch. 289 or 291 or otherwise in an environmentally sound manner.

SB622,294,16 (d) 3. (intro.) Hazards resulting in irreparable damage to any of the following, which cannot be prevented under the requirements of ss. 144.80 to 144.94 this chapter, avoided to the extent applicable by removal from the area of hazard or mitigated by purchase or by obtaining the consent of the owner:

SB622,294,21 4. Irreparable environmental damage to lake or stream bodies despite adherence to the requirements of ss. 144.80 to 144.94 this chapter. This subdivision does not apply to an activity which the department has authorized pursuant to statute, except that the destruction or filling in of a lake bed shall not be authorized notwithstanding any other provision of law.

SB622, s. 748 Section 748. 144.83 (4) of the statutes is renumbered 293.15, and 293.15 (1), (3), (4), (8), (9) and (11), as renumbered, are amended to read:

SB622,295,3 293.15 (1) Hold hearings relating to any aspect of the administration of ss. 144.80 to 144.94 this chapter and, in connection therewith, compel the attendance of witnesses and production of evidence.

SB622,295,5 (3) Issue orders directing particular prospectors or operators to comply with the provisions and purposes of ss. 144.80 to 144.94 this chapter.

SB622,295,7 (4) Supervise and provide for such educational programs as appear necessary to carry out the purposes of ss. 144.80 to 144.94 this chapter.

SB622,295,15 (8) Promulgate rules regulating the production, storage and disposal of radioactive waste from exploration, prospecting or mining after seeking comments from the department of health and family services. At a minimum, rules promulgated under this paragraph subsection shall achieve the margin of safety provided in applicable federal statutes and regulations. If the department promulgates rules under this paragraph subsection, the department shall investigate the need for standards more restrictive than the applicable federal statutes and regulations.

SB622,295,21 (9) Promulgate rules by which the department may grant an exemption, modification or variance, either making a requirement more or less restrictive, from any rule promulgated under subch. IV chs. 289 to 292 and this subchapter chapter, if the exemption, modification or variance does not result in the violation of any federal or state environmental law or endanger public health, safety or welfare or the environment.

SB622,295,25 (11) Notwithstanding ss. 144.43 to 144.47 and 144.60 to 144.74 chs. 289 and 291, promulgate rules establishing groundwater quality standards or groundwater quantity standards, or both, for any prospecting or mining activity, including standards 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 Section 749. 144.83 (5) of the statutes is renumbered 293.15 (12) and amended to read:

SB622,296,5 293.15 (12) The department may require Require all persons under its jurisdiction to submit such informational reports as the department deems necessary for performing its duties under ss. 144.80 to 144.94 this chapter.

SB622, s. 750 Section 750. 144.83 (6) of the statutes is renumbered 293.85, and 293.85 (1) and (2), as renumbered, are amended to read:

SB622,296,9 293.85 (1) The prospecting permit for a prospecting site that is the site of a violation of ss. 144.80 to 144.94 this chapter.

SB622,296,11 (2) The mining permit for a mining site that is the site of a violation of ss. 144.80 to 144.94 this chapter.

SB622, s. 751 Section 751. 144.831 (title) of the statutes is renumbered 293.31 (title) and amended to read:

SB622,296,14 293.31 (title) Data collection; monitoring.

SB622, s. 752 Section 752. 144.831 (1) to (6) of the statutes are renumbered 293.31 (1) to (6), and 293.31 (2), as renumbered, is amended to read:

SB622,296,19 293.31 (2) Upon receipt of notification under sub. (1), the department shall give public notice of the notification in the same manner as provided under s. 144.836 293.43 (3) (b).

SB622, s. 753 Section 753. 144.831 (7) of the statutes is renumbered 293.45 (3) and amended to read:

SB622,297,5 293.45 (3) The department, in granting a permit under s. 144.84 or 144.85 this section, shall require the permit holder to perform adequate monitoring of environmental changes during the course of the permitted activity and for such additional period of time as is necessary to satisfactorily complete reclamation and completely release the permit holder from any bonds required.

Note: Current s. 144.831 (7), which applies to both prospecting and mining permits, is renumbered and amended to apply only to prospecting permits. An identical provision is created in s. 293.49 (7) for mining permits.

SB622, s. 754 Section 754. 144.831 (8) of the statutes is renumbered 293.15 (13) and amended to read:

SB622,297,12 293.15 (13) The department may monitor Monitor environmental changes concurrently with the permit holder under sub. (7) s. 293.45 (3) or 293.49 (7), and for such additional period of time after the full bond is released under s. 144.90 293.63 (3) as is necessary for the site to return to a state of environmental stability. The department may conduct independent studies to monitor environmental changes.

SB622, s. 755 Section 755. 144.832 of the statutes is renumbered 293.21.

SB622, s. 756 Section 756. 144.833 of the statutes, as affected by 1995 Wisconsin Act 27, is renumbered 293.25, and 293.25 (1) (intro.), (2) (a) and (b), (3), (4) and (5), as renumbered, are amended to read:

SB622,297,19 293.25 (1) Definitions. (intro.) As used in In this section and for the purposes of determining the applicability of ss. 144.83, 144.832, 144.88 and 144.93 to 144.94 293.13, 293.15 (1) to (12), 293.21, 293.81, 293.87, 293.89, 293.93 and 293.95:

SB622,298,3 (2) (a) Applicability. Except as provided under par. (b), ss. 144.832 293.21 and 144.88 293.81 and rules promulgated under those sections apply to radioactive waste site exploration, to activities related to radioactive waste site exploration and to persons engaging in or intending to engage in radioactive waste site exploration or related activities in the same manner as those sections and rules are applicable to mineral exploration, to activities related to mineral exploration and to persons engaging in or intending to engage in mineral exploration or related activities.

SB622,298,13 (b) Exception. Notwithstanding par. (a) and s. 144.832 293.21 (3), the department may waive the bond requirement for a person who is authorized to engage in radioactive waste site exploration by a federal agency if the federal agency provides sufficient guarantees that the person or the federal agency will comply with the requirements of the department relating to termination. Notwithstanding par. (a) and s. 144.832 293.21 (3), the department may require a bond in an amount in excess of the amount specified under s. 144.832 293.21 (3) (a) to ensure that sufficient funds are available to comply with termination requirements or to abate or remedy any environmental pollution or danger to public health, safety or welfare resulting from radioactive waste site exploration.

SB622,298,22 (3) Approval required prior to drilling. No person may engage in radioactive waste site exploration by drilling on a parcel unless notice is provided as required under sub. (2) and s. 144.832 293.21 (4) (a) and unless the department issues a written approval authorizing drilling on that parcel. If the person seeking this approval is the federal department of energy or an agent or employe of the federal department of energy, the department may not issue the approval unless the public service commission certifies that the federal department of energy and its agents or employes have complied with any requirement imposed by the public service commission under s. 196.497 or any agreement entered into under that section.