SB139,1,4 1An Act to amend 289.05 (1), 289.05 (2), 291.01 (7), 293.15 (9), 293.15 (11) and
2293.93; and to create 291.05 (2m), 293.17 and 293.38 of the statutes; relating
3to:
environmental regulation of mining and notice to transferees of interests in
4mining sites.
Analysis by the Legislative Reference Bureau
Under current law, the Department of Natural Resources (DNR) regulates the
mining of metallic minerals. This bill makes several changes in the laws relating to
mining of metallic minerals.
Metallic mining and groundwater requirements
Current law authorizes DNR to establish groundwater quality standards for
mining activities, including mining waste sites. Current law requires DNR to
establish criteria for design management zones for solid waste and hazardous waste
disposal facilities. A facility must be designed so that groundwater quality
standards will not be violated at the boundaries of the design management zone for
the facility. Under current DNR rules, the design management zone for a mining
waste facility may extend as far as 1200 feet from the boundary of the facility, but
not farther than the boundary of the property owned or leased by the operator of the
mining facility. DNR may reduce or expand the size of the design management zone
for a particular facility.
This bill requires DNR to use a design management zone for a mining facility
that extends no farther than 150 feet from the boundary of the waste disposal area,

or of the boundary of a facility other than a waste facility, or no farther than the
boundary of the property owned or leased by the operator of the mining facility,
whichever distance is less.
Metallic mining and hazardous waste regulation
Currently, the hazardous waste laws require DNR to promulgate by rule
criteria identical to those promulgated by the federal Environmental Protection
Agency (EPA) for identifying the characteristics of hazardous waste. DNR is also
required to promulgate by rule a list of hazardous wastes. The list must be identical
to the list of hazardous wastes promulgated by EPA, except that DNR may include
a waste that is not on EPA's list if DNR determines that the waste has the
characteristics of a hazardous waste and that inclusion on the list is necessary to
protect public health, safety, or welfare. Currently, EPA's rules exclude from
regulation as hazardous wastes certain wastes from the mining, processing, and
refining of ores and minerals.
This bill requires DNR to regulate a waste from the mining, processing, or
refining of ores and minerals as a hazardous waste if it has the characteristics of a
hazardous waste, notwithstanding any federal exclusion.
Metallic mining and exemptions from rules
Under the mining laws, DNR promulgates rules to regulate metallic mining.
Under the solid waste and hazardous waste laws, DNR promulgates rules regulating
the storage and disposal of solid waste and hazardous waste. Current law authorizes
DNR to grant exemptions from the rules regulating mining and from the rules
regulating the storage and disposal of solid waste and hazardous waste as they relate
to mining waste, if the exemptions do not result in the violation of a state or federal
environmental law, and do not endanger public health, safety, or welfare or the
environment.
This bill prohibits DNR from granting exemptions from its rules regulating the
storage and disposal of solid waste and hazardous waste as they relate to mining
waste.
Applicability of other laws to metallic mining
Under current law, if an activity regulated under this state's mining law is also
regulated under another state law or a federal law, the other law is controlling.
Under this bill, if an activity regulated under this state's mining law is also
regulated under another state law or a federal law, the other law is only controlling
if it is more stringent than this state's mining law.
Notice to transferee
This bill requires a person who intends to transfer an ownership interest in a
mining site for which a permit application is pending with DNR to provide written
notice to the transferee of certain environmental statutes and rules applicable to
mining operations.

For further information see the state 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:
SB139, s. 1 1Section 1. 289.05 (1) of the statutes is amended to read:
SB139,3,102 289.05 (1) The department shall promulgate rules establishing minimum
3standards for the location, design, construction, sanitation, operation, monitoring
4and maintenance of solid waste facilities. Following a public hearing, the
5department shall promulgate rules relating to the operation and maintenance of
6solid waste facilities as it deems necessary to ensure compliance and consistency
7with the purposes of and standards established under the resource conservation and
8recovery act, except that the rules relating to open burning shall be consistent with
9s. 289.51. The rules promulgated under this subsection shall conform to the rules
10promulgated under sub. (2).
SB139, s. 2 11Section 2. 289.05 (2) of the statutes is amended to read:
SB139,4,512 289.05 (2) With the advice and comment of the metallic mining council, the
13department shall promulgate rules for the identification and regulation of metallic
14mining wastes. The rules promulgated to identify metallic mining wastes and to
15regulate the location, design, construction, operation, and maintenance of facilities
16for the disposal of metallic mining wastes shall be in accordance with any or all of
17the provisions under this chapter and chs. 30 and 283. The rules shall take into
18consideration the special requirements of metallic mining operations in the location,
19design, construction, operation and maintenance of facilities for the disposal of
20metallic mining wastes as well as
any special environmental concerns that will arise
21as a result of the disposal of metallic mining wastes. In promulgating the rules, the

1department shall give consideration to research, studies, data , and
2recommendations of the U.S. environmental protection agency on the subject of
3metallic mining wastes arising from the agency's efforts to implement the resource
4conservation and recovery act. The department may not promulgate rules under this
5subsection that are less stringent than the rules promulgated under subs. (1) and (3).
SB139, s. 3 6Section 3. 291.01 (7) of the statutes is amended to read:
SB139,4,87 291.01 (7) "Hazardous waste" or "waste" means any solid waste identified by
8the department as hazardous under s. 291.05 (1), (2), (2m), or (4).
SB139, s. 4 9Section 4. 291.05 (2m) of the statutes is created to read:
SB139,4,1410 291.05 (2m) Notwithstanding subs. (1) and (2) and any exemption under 42
11USC 6921
(b), the department shall identify a solid waste as a hazardous waste if the
12solid waste is from the extraction, beneficiation, or processing of ores and minerals,
13and the solid waste otherwise satisfies the criteria under 42 USC 6921 (a) or has the
14characteristics, or is listed, under 42 USC 6921 (b).
SB139, s. 5 15Section 5. 293.15 (9) of the statutes is amended to read:
SB139,4,2216 293.15 (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 chs. 289 to 292 and this chapter, if the exemption,
19modification, or variance does not result in the violation of any federal
20environmental statute or regulation or state environmental law or statute or rule,
21other than the rule from which the exemption, modification, or variance is granted,
22and does not
endanger public health, safety, or welfare or the environment.
SB139, s. 6 23Section 6. 293.15 (11) of the statutes is amended to read:
SB139,5,724 293.15 (11) Notwithstanding chs. 289 and 291, promulgate rules establishing
25groundwater quality standards or groundwater quantity standards, or both, for any

1prospecting or mining activity, including standards for any mining waste site. If the
2department establishes groundwater quality standards under this subsection, the
3department shall require the use of a 3-dimensional design management zone for
4purposes of facility design, review of facility performance, and enforcement that
5extends no farther than 150 feet from the outer boundary of the waste disposal area
6or the edge of a facility other than a waste facility or no farther than the boundary
7of the property owned or leased by the applicant, whichever distance is less.
SB139, s. 7 8Section 7. 293.17 of the statutes is created to read:
SB139,5,12 9293.17 Limitation on department power. The department may not grant
10an exemption, modification, or variance for the storage or disposal of solid waste from
11mining or prospecting if the exemption, modification, or variance would make less
12restrictive a requirement in a rule promulgated under ch. 289 or 291.
SB139, s. 8 13Section 8. 293.38 of the statutes is created to read:
SB139,5,18 14293.38 Notice to transferee. Before a person who holds an ownership
15interest in a mining site for which an application under s. 293.37 is pending with the
16department transfers an ownership interest in that mining site, the person shall
17notify the transferee in writing of the provisions of ss. 289.05 (2), 291.05 (2m), 293.13
18(2), 293.17, and 293.93 and of rules promulgated under those provisions.
SB139, s. 9 19Section 9. 293.93 of the statutes is amended to read:
SB139,6,2 20293.93 Effect of other statutes. If there is a standard under other state or
21federal statutes, regulations, or rules which that specifically regulates in whole an
22activity also regulated under this chapter, the other state or federal statutes,
23regulations,
or rules shall be the controlling standard, unless that standard is less
24stringent than a standard under this chapter
. If the other another state or federal
25statute, regulation, or rule only specifically regulates the activity in part, it shall only

1be controlling as to that part, unless that standard is less stringent than a standard
2under this chapter
.
SB139, s. 10 3Section 10. Initial applicability.
SB139,6,54 (1) This act first applies to mining operations for which the department of
5natural resources issues a permit on the effective date of this subsection.
SB139,6,66 (End)
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