LRB-0229/1
RCT:kaf:km
1997 - 1998 LEGISLATURE
February 24, 1998 - Introduced by Representative Black. Referred to Committee
on Environment.
AB822,1,3
1An Act to repeal 293.15 (9); and
to create 293.17 of the statutes;
relating to:
2exemptions from rules regulating mining and regulating the storage and
3disposal of mining waste.
Analysis by the Legislative Reference Bureau
Under current law, the department of natural resources (DNR) regulates
prospecting for and mining of metallic minerals. DNR promulgates rules to regulate
prospecting and mining, including rules to ensure that prospecting and mining are
conducted in a way that protects the environment and rules requiring the
reclamation of prospecting and mining sites. DNR also promulgates rules regulating
the storage and disposal of solid waste. Current law authorizes DNR to promulgate
rules under which DNR may grant exceptions to the rules regulating prospecting and
mining and to the rules regulating the storage and disposal of solid waste as they
relate to solid waste that is mining waste, as long as the exceptions do not result in
the violation of a state or federal environmental law or endanger public health, safety
or welfare or the environment.
This bill prohibits DNR from granting exceptions to its rules regulating
prospecting and mining. The bill also prohibits DNR from granting exceptions to its
rules regulating the storage and disposal of solid waste as they relate to solid waste
that is mining waste.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB822, s. 1
1Section
1. 293.15 (9) of the statutes is repealed.
AB822, s. 2
2Section
2. 293.17 of the statutes is created to read:
AB822,2,5
3293.17 Limitations on department powers. (1) The department may not
4grant an exemption, modification or variance that makes less restrictive a
5requirement in a rule promulgated under this chapter.
AB822,2,9
6(2) The department may not grant an exemption, modification or variance that
7makes less restrictive a requirement in a rule promulgated under ch. 289 or 291 as
8the requirement relates to the storage or disposal of solid waste from mining or
9prospecting.
