AB934: Bill Text

LRB-0872/1

RCT:jld:rs

2003 - 2004 LEGISLATURE

2003 Assembly BILL 934

March 8, 2004 - Introduced by Representatives Black, Sinicki, Hebl, Pocan, Berceau and J. Lehman, cosponsored by Senators Carpenter, Robson, Chvala and Erpenbach. Referred to Committee on Natural Resources.

AB934,1,3 An Act to repeal 293.15 (9); and to create 293.17 of the statutes; relating to: exemptions from rules regulating mining and regulating the storage and disposal 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 exemptions from the rules regulating prospecting and mining and from the rules regulating the storage and disposal of solid waste as they relate to solid waste that is mining waste, as long as the exemptions 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 exemptions from its rules regulating prospecting and mining. The bill also prohibits DNR from granting exemptions from 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:

AB934, s. 1 Section 1. 293.15 (9) of the statutes is repealed.

AB934, s. 2 Section 2. 293.17 of the statutes is created to read:

AB934,2,5 293.17 Limitations on department powers. (1) The department may not grant an exemption, modification, or variance that makes less restrictive a requirement in a rule promulgated under this chapter.

AB934,2,9 (2) The department may not grant an exemption, modification, or variance that makes less restrictive a requirement in a rule promulgated under ch. 289 or 291 as the requirement relates to the storage or disposal of solid waste from mining or prospecting.

AB934,2,10 (End)