AB426,165,1515 (d) Implement the applicable portions of the approved contingency plan.
AB426,166,10 16(5) Response concerning preventive action limits. In accordance with s. NR
17140.24 (1) to (5), Wis. Adm. Code, the department shall evaluate the range of
18responses proposed by the operator when a preventive action limit or an alternative
19concentration limit to a preventive action limit is attained or exceeded and the
20analysis of samples indicates that the quality of groundwater is statistically
21significantly different from either baseline water quality or background water
22quality at a point of standards application. In designating the appropriate response,
23the department shall evaluate the operator's proposed range of responses, including
24any alternate responses to those identified in s. NR 140.24, Wis. Adm. Code. For any
25alternate responses, the department shall consider the technical and economic

1feasibility of alternate responses, the practicality of stopping the further release of
2the substance, and the risks and benefits of continued mining operations. The
3department shall designate the appropriate response, except that, notwithstanding
4s. 160.21 (3) and the rule-making authority under s. 160.21 (1), the department may
5not prohibit a practice or activity or require closure and abandonment of a mining
6waste site, including any wastewater and sludge storage or treatment lagoon, unless
7it has followed the procedures in s. 295.78 and satisfies the requirements of s. 160.23
8(4) and (6). The department may determine that no response is necessary and that
9an exemption is not required when the requirements of s. NR 140.24 (5) (a) or (b), Wis.
10Adm. Code are met.
AB426,166,25 11(6) Response concerning enforcement standards. (a) In accordance with s.
12NR 140.26 (1) and (2), Wis. Adm. Code, the department shall evaluate the range of
13responses proposed by the operator based on the responses listed in Table 6 of s. NR
14140.26, Wis. Adm. Code, when an enforcement standard or an alternative
15concentration limit to an enforcement standard is attained or exceeded and the
16analysis of samples indicates that the quality of groundwater is statistically
17significantly different from either baseline water quality or background water
18quality at a point of standards application. In designating the appropriate response,
19the department shall evaluate the operator's proposed range of responses against
20those identified in Table 6 of s. NR 140.26, Wis. Adm. Code. The department shall
21designate the appropriate response, except that, notwithstanding ss. 160.21 (3) and
22160.25 (1) (a) and the rule-making authority under s. 160.21 (1), the department may
23not prohibit a practice or activity or require closure and abandonment of a mining
24waste site, including any wastewater and sludge storage or treatment lagoon, unless
25it has followed the procedures in s. 295.78 and all of the following apply:
AB426,167,1
11. The department bases its decision upon reliable test data.
AB426,167,42 2. The department determines, to a reasonable certainty, by the greater weight
3of the credible evidence, that no other remedial action would prevent the violation
4of the enforcement standard at the point of standards application.
AB426,167,65 3. The department establishes the basis for the boundary and duration of the
6prohibition.
AB426,167,97 4. The department ensures that any prohibition imposed is reasonably related
8in time and scope to maintaining compliance with the enforcement standard at the
9point of standards application.
AB426,167,1710 5. If the substance involved is naturally occurring, unless the substance
11involved is carcinogenic, teratogenic, or mutagenic in humans, the department
12considers the existence of the background concentration of the substance in
13evaluating response options to the noncompliance with the enforcement standard or
14alternative concentration limit for that substance and determines that the proposed
15prohibition will result in the protection of or substantial improvement in
16groundwater quality notwithstanding the background concentrations of the
17substance.
AB426,167,2318 (b) The department may only require a remedial action to be taken if the
19remedial action is reasonably related in time and scope to the substance, activity, or
20practice that caused the enforcement standard or alternative concentration limit to
21an enforcement standard to be attained or exceeded and the quality of groundwater
22to be statistically significantly different from either baseline water quality or
23background water quality at the point of standards application.
AB426,168,1024 (c) If nitrates or any substance of welfare concern attains or exceeds an
25enforcement standard and if the analysis of samples indicates that the quality of

1groundwater is statistically significantly different from either baseline or
2background water quality, then the department shall evaluate whether the
3enforcement standard was attained or exceeded in whole or in part due to high
4background water quality concentrations of the substance and whether the
5additional concentrations represent a public welfare concern before it designates the
6appropriate response and, notwithstanding ss. 160.21 (3) and 160.25 (1) (a) and the
7rule-making authority under s. 160.21 (1), the department may not prohibit a
8practice or activity or require closure and abandonment of a mining waste site,
9including any wastewater and sludge storage or treatment lagoon, unless it has
10followed the procedures in s. 295.78 and par. (a) 1. to 4. apply.
AB426,168,1211 (d) If compliance with an enforcement standard is achieved at a point of
12standards application, then sub. (5) applies.
AB426,168,14 13(7) Environmental analysis not required. An action under sub. (5) or (6) with
14respect to a specific site does not constitute a major state action under s. 1.11 (2).
AB426,168,18 15(8) Exemptions to groundwater quality standards. When issuing or
16modifying a mining permit or issuing or reissuing any other approval, the
17department may grant an exemption from a groundwater quality standard and
18establish an alternative concentration limit to a groundwater quality standard.
AB426,168,21 19(9) Applicability of other law. Chapter NR 140, Wis Adm. Code, applies to
20mining operations and mining sites, including mining waste sites, only to the extent
21that it does not conflict with this section.
AB426,169,2 22295.65 Successors. (1) When one operator succeeds to the interest of another
23in an uncompleted mining operation by sale, assignment, lease, or otherwise, the
24department shall release the first operator from the duties imposed upon the first
25operator by this subchapter as to the mining operation and transfer the mining

1permit and any approvals under ss. 295.60, 295.605, and 295.61 to the successor
2operator if all of the following apply:
AB426,169,43 (a) The successor operator agrees to comply with the requirements of this
4subchapter.
AB426,169,85 (b) The successor operator discloses whether it has forfeited any performance
6security because of noncompliance with any mining laws within the previous 10
7years, posts any bond or other security required under s. 295.59, and assumes all
8responsibilities of all applicable approvals granted to the predecessor operator.
AB426,169,10 9(2) The department is not required to prepare an environmental impact
10statement or an environmental assessment for the purposes of this section.
AB426,169,25 11295.66 Cessation of mining or reclamation. If there is a cessation of
12mining or reclamation for 30 days or more that is not set forth in either the mining
13plan or the reclamation plan, the operator shall notify the department of the
14cessation within 48 hours of the cessation of mining and shall begin stabilization of
15the mining site. The department may require the operator to provide technical,
16engineering, and any other information that the operator believes shows that its
17actions to stabilize the mining site are adequate. If the department determines, after
18reviewing the information provided by the operator, that the proposed stabilization
19of the mining site will result in a substantial adverse impact to the environment, the
20department shall order the operator to begin additional measures to protect the
21environment, including, if the cessation is reasonably anticipated to extend for a
22protracted period of time, reclamation according to the reclamation plan or part of
23the reclamation plan. Usual and regular shutdown of operations on weekends, for
24maintenance or repair of equipment or facilities, or for other customary reasons do
25not constitute a cessation of mining.
AB426,170,4
1295.67 Determination of abandonment of mining. (1) Except as provided
2in sub. (2), abandonment of mining occurs if there is a cessation of mining, not set
3forth in an operator's mining plan or reclamation plan or by any other sufficient
4written or constructive notice, extending for more than 6 consecutive months.
AB426,170,5 5(2) Abandonment of mining does not occur if all of the following apply:
AB426,170,76 (a) The cessation of mining is due either to labor strikes or to unforeseen
7developments such as adverse market conditions.
AB426,170,98 (b) The cessation of mining does not continue beyond the time, not to exceed
95 years, specified by the department.
AB426,170,1110 (c) The mining site is maintained in an environmentally stable manner during
11the cessation of mining.
AB426,170,1312 (d) The reclamation of the mining site continues according to the reclamation
13plan during the cessation of mining to the extent practicable.
AB426,170,23 14295.68 Certificates of completion and release of security. (1) Upon the
15petition of the operator, but not less than 4 years after notification to the department
16by the operator of the completion of the reclamation plan or not less than one year
17after notification to the department by the operator of the completion of the
18reclamation plan as to a portion of the mining site, if the department finds that the
19operator has completed reclamation of any portion of the mining site in accordance
20with the reclamation plan and this subchapter, the department shall issue a
21certificate of completion setting forth a description of the area reclaimed and a
22statement that the operator has fulfilled its duties under the reclamation plan as to
23that area.
AB426,171,4 24(2) Upon the issuance of any certificate of completion under sub. (1) for any
25portion of the mining site, but not for the entire mining site, the department shall

1allow the operator to reduce the amount of the bond or other security provided under
2s. 295.59 (1) to an amount equal to the estimated cost of reclamation of the portion
3of the mining site that is disturbed or for which reclamation has been completed but
4no certificate of completion has been issued.
AB426,171,10 5(3) Upon issuance of a certificate or certificates of completion of reclamation
6for the entire mining site, the department shall require the operator to maintain a
7bond or other security under s. 295.59 (1) equal to at least 10 percent of the cost to
8the state of reclamation of the entire mining site, except that if the mining site in the
9mining plan is less than 10 acres, the department may release the bond or other
10security after issuance of the certificate of completion for the entire mining site.
AB426,171,14 11(4) After 10 years after the issuance of a certificate or certificates of completion
12for the entire mining site, the department shall release the remaining bond or other
13security provided under s. 295.59 (1) if the department finds that the reclamation
14plan has been complied with.
AB426,172,4 15295.69 Termination of proof of financial responsibility for long-term
16care of mining waste site.
(1) One year after closure, and annually thereafter
17until the department terminates the obligation to maintain proof of financial
18responsibility for long-term care of a mining waste site under sub. (2) (c), an operator
19who has carried out all necessary long-term care during the preceding year, may
20apply to the department for a reduction in the amount of the proof of financial
21responsibility provided under s. 295.59 (2m) equal to the costs of long-term care for
22that year. The operator shall provide an itemized list of costs incurred. If the
23department determines that the costs incurred are in accordance with the long-term
24care requirements in the approved waste site feasibility study and plan of operation
25and that adequate funds exist to complete required long-term care for the remainder

1of the 40-year period on which the amount of the proof of financial responsibility was
2originally determined, the department shall authorize in writing a reduction in the
3amount of proof of financial responsibility provided. The department shall make its
4determinations within 90 days of an application.
AB426,172,14 5(2) (a) An operator may apply to the department for termination of its
6obligation to maintain proof of financial responsibility for long-term care of the
7mining waste site under s. 295.59 (2m) at any time after the mining waste site has
8been closed for 20 years by submitting an application that demonstrates that
9continuation of the obligation to maintain proof of financial responsibility for
10long-term care is not necessary for adequate protection of public health or the
11environment. The burden is on the operator to prove by a preponderance of the
12evidence that continuation of the obligation to maintain proof of financial
13responsibility for long-term care is not necessary for adequate protection of public
14health or the environment.
AB426,172,2315 (b) Within 30 days of receiving an application under par. (a), the department
16shall provide notice to the public of the application for termination of the obligation
17to maintain proof of financial responsibility for long-term care. In the notice, the
18department shall invite the submission of written comments by any person on the
19application within 30 days of the day on which the notice is published. The
20department shall provide the notice by publishing a class 1 notice under ch. 985 in
21the official newspaper designated under s. 985.04 or 985.05 or, if none exists, in a
22newspaper likely to give notice in the area of the mining waste site. The department
23shall also send the notice to the operator.
AB426,173,624 (c) Within 120 days of the day on which the department publishes the notice
25under par. (b), the department shall determine either that proof of financial

1responsibility for long-term care of the mining waste site is no longer required, in
2which case the applicant is relieved of the responsibility of providing proof of
3financial responsibility for long-term care, or that proof of financial responsibility
4for long-term care of the mining waste site is still required, in which case the
5applicant may not submit another application under par. (a) until at least 5 years
6have elapsed since the previous application.
AB426,173,16 7295.695 Inspections by the department. (1) Any duly authorized officer,
8employee, or representative of the department who has received the safety training
9under 30 CFR 48.31 may enter and inspect any property, premises, or place on or at
10which any mining operation or facility is located or is being constructed or installed
11at any reasonable time for the purpose of ascertaining the state of compliance with
12this subchapter and the provisions of chs. 281, 283, 285, 289, 291, 292, and 299 and
13rules promulgated under those chapters that are applicable to the mining operation.
14No person may refuse entry or access to any authorized representative of the
15department who requests entry for purposes of inspection, and who presents
16appropriate credentials.
AB426,173,18 17(2) No person may obstruct, hamper, or interfere with any inspection
18authorized in sub. (1).
AB426,173,21 19(3) The department shall furnish to the operator a written report on any
20inspection setting forth all observations, relevant information, and data that relate
21to compliance status.
AB426,173,25 22295.73 Fees. (1) An applicant for a mining permit is not required to pay any
23application or filing fee for any approval other than a mining permit,
24notwithstanding any fee required under ch. 23, 29, 30, 169, 281, 283, 285, 289, or 291,
25or rules promulgated under those chapters.
AB426,174,5
1(3) (a) The department shall assess an applicant a fee equal to its costs for
2evaluating the mining project, including the costs for consultants retained by the
3department to evaluate the application for the mining permit and the application for
4any other approval and to perform environmental analysis under s. 1.11 or
5$1,100,000, whichever is less.
AB426,174,66 (b) The applicant shall pay fees as follows:
AB426,174,97 1. One hundred thousand dollars shall be paid at the time that the bulk
8sampling plan is filed under s. 295.45 or at the time that the notice of the intention
9to file a mining permit application is filed, whichever is first.
AB426,174,1210 2. Two hundred fifty thousand dollars when the department provides cost
11information demonstrating that the payment under subd. 1. has been fully allocated
12against actual costs.
AB426,174,1513 3. Two hundred fifty thousand dollars when the department provides cost
14information demonstrating that the payment under subd. 2. has been fully allocated
15against actual costs.
AB426,174,1816 4. Two hundred fifty thousand dollars when the department provides cost
17information demonstrating that the payment under subd. 3. has been fully allocated
18against actual costs.
AB426,174,2119 5. Two hundred fifty thousand dollars when the department provides cost
20information demonstrating that the payment under subd. 4. has been fully allocated
21against actual costs.
AB426,175,222 (b) After the department approves or denies the application for a mining permit
23or, if the applicant withdraws the application for a mining permit, after the applicant
24withdraws the application, the department shall refund to the applicant any amount

1paid by the applicant under par. (a) but not fully allocated against the department's
2actual costs.
AB426,175,5 3(4) Subchapter VI of ch. 289 does not apply to mining waste disposed of in a
4mining waste site covered by a mining permit, except that an operator shall pay the
5fees specified in ss. 289.63 (4), 289.64 (3), and 289.67 (1) (d).
AB426,175,9 6295.75 Effect of other laws. If there is a conflict between a provision in this
7subchapter and a provision in ch. 23, 29, 30, 160, 169, 281, 283, 285, 289, or 291 or
8in a rule promulgated under one of those chapters, the provision in this subchapter
9controls.
AB426,175,12 10295.77 Review. (1) Notwithstanding s. 227.42, no person is entitled to a
11contested case hearing on a decision by the department under this subchapter or on
12a decision by the department relating to the issuance of an approval.
AB426,175,17 13(2) Judicial review of a decision described in sub. (1) is the exclusive method
14for challenging the decision. The court shall base review of a decision described in
15sub. (1) on the administrative record before the department. The scope of the review
16is that specified in s. 227.57. No judicial review is available before the department
17issues the final decision on an approval.
AB426,175,21 18295.78 Mining and reclamation; orders. (1) (a) If the department finds a
19violation of law or any unapproved deviation from the mining plan, reclamation plan,
20or mining waste site feasibility study and plan of operation at a mining site under
21a mining permit, the department shall do one of the following:
AB426,175,2422 1. Issue an order requiring the operator to comply with the law, mining plan,
23reclamation plan, or mining waste site feasibility study and plan of operation within
24a specified time.
AB426,176,2
12. Require the alleged violator to appear before the department for a hearing
2and answer the department's charges.
AB426,176,33 3. Request the department of justice to initiate action under s. 295.79.
AB426,176,74 (b) Any order issued under par. (a) 1. following a hearing takes effect
5immediately. Any other order takes effect 10 days after the date the order is served,
6unless the person named in the order requests in writing a hearing before the
7department within the 10-day period.
AB426,176,118 (c) If no hearing on an order issued under par. (a) 1. was held and if the
9department receives a request for a hearing within 10 days after the date the order
10is served, the department shall provide due notice and hold a hearing. If after the
11hearing the department finds that no violation has occurred, it shall rescind its order.
AB426,176,1612 (d) If an operator fails to comply with an order issued under par. (a) 1. within
13the time for compliance specified in the order, the department shall suspend the
14mining permit until the operator fully complies with the order, except that if the
15operator seeks review of the order under s. 295.77, mining may continue until the
16final disposition of the action, except as provided under sub. (4).
AB426,176,1917 (e) The department shall inform the department of justice of a suspension
18under par. (d) within 14 days. After receiving notice of a suspension, the department
19of justice may commence an action under s. 295.79.
AB426,177,4 20(2) If reclamation of a mining site is not proceeding in accordance with the
21reclamation plan and the operator has not begun to rectify deficiencies within the
22time specified in an order, or if the reclamation is not properly completed in
23conformance with the reclamation plan within one year after completion or
24abandonment of mining on any portion of the mining site, unless because of acts of
25God, such as adverse weather affecting grading, planting, and growing conditions,

1the department, with the staff, equipment, and material under its control, or by
2contract with others, shall take the actions that are necessary for the reclamation of
3mined areas. The operator is liable for the cost to the state of reclamation conducted
4under this subsection.
AB426,177,10 5(3) The department shall cancel all other mining permits held by an operator
6who refuses to reclaim a mining site in compliance with the reclamation plan after
7the completion of mining or after the cancellation of a mining permit. The
8department may not issue any mining permit for that mining site or any other
9mining site in this state to an operator who refused to reclaim the mining site in
10compliance with the reclamation plan.
AB426,177,16 11(4) At any time that the department determines that the continuance of mining
12constitutes an immediate and substantial threat to public health and safety or the
13environment, the department may request the department of justice to institute an
14action in circuit court of the county in which the mine is located for a restraining
15order or injunction or other appropriate remedy to stop mining until the immediate
16and substantial threat is eliminated.
AB426,177,18 17(5) Section 281.346 (7m) does not apply to a water withdrawal associated with
18a mining operation for which a mining permit has been issued.
AB426,177,22 19295.79 Enforcement; penalties. (1) The department of justice shall enforce
20this subchapter and any order issued under this subchapter. The circuit court of the
21county where the violation occurred has jurisdiction to enforce this subchapter or any
22orders issued under this subchapter, by injunction or other appropriate relief.
AB426,178,2 23(2) (a) Any person who authorizes or engages in mining without a mining
24permit and written authorization to mine under s. 295.59 (3) shall forfeit all profits

1obtained from those illegal activities and not more than $5,000 for each day during
2which the mine was in operation.
AB426,178,43 (b) A person to whom par. (a) applies is also liable to the department for the full
4cost of reclaiming the affected area of land and any damages caused by the mining.
AB426,178,85 (c) If the violator of par. (a) is a corporation, limited liability company,
6partnership, or association, any officer, director, member, manager, or partner who
7knowingly authorizes, supervises, or contracts for mining is also subject to the
8penalties in this subsection.
AB426,178,16 9(3) Any person who makes or causes to be made in an application or report
10required by this subchapter a statement known to the person to be false or
11misleading in any material respect or who refuses to submit information required by
12a mining permit or by this subchapter may be fined not less than $1,000 nor more
13than $5,000. If the false or misleading statement is material to the issuance of the
14mining permit and the mining permit would not have been issued had the false or
15misleading statement not been made, the court may revoke the mining permit. If any
16violation under this subsection is repeated the court may revoke the mining permit.
AB426,178,22 17(4) (a) Any person who commits a violation of this subchapter or any permit or
18order issued under this subchapter, except for the violations enumerated in subs. (2)
19or (3), shall forfeit not less than $10 nor more than $5,000 for each violation. Each
20day of continued violation is a separate offense, except that no forfeiture may be
21imposed during the time that continued mining is authorized under s. 295.63 (3).
22While an order is suspended, stayed, or enjoined, this penalty does not accrue.
AB426,179,323 (b) In addition to the penalties provided under par. (a), the court may award
24the department of justice the reasonable and necessary expenses of the investigation
25and prosecution of the violation, including attorney fees. The department of justice

1shall deposit in the state treasury for deposit into the general fund all moneys that
2the court awards to the department or the state under this paragraph. These moneys
3shall be credited to the appropriation account under s. 20.455 (1) (gh).
AB426,179,5 4(5) Any person having an interest that is or may be adversely affected may
5intervene as a matter of right, in any enforcement action brought under this section.
AB426, s. 66 6Section 66. 299.85 (7) (a) 2. and 4. of the statutes are amended to read:
AB426,179,207 299.85 (7) (a) 2. Notwithstanding minimum or maximum forfeitures specified
8in ss. 29.314 (7), 29.334 (2), 29.604 (5) (a), 29.611 (11), 29.889 (10) (c) 2., 29.969,
929.971 (1) (a), (1m) (a), (3), (3m), (11g) (b), (11m) (b), and (11r) (b), 30.298 (1), (2), and
10(3), 30.49 (1) (a) and (c), 31.23 (2), 281.75 (19), 281.98 (1), 281.99 (2) (a) 1., 283.91 (2),
11285.41 (7), 285.57 (5), 285.59 (8), 285.87 (1), 287.95 (1), (2) (b), and (3) (b), 287.97,
12289.96 (2) and (3) (a), 291.97 (1), 292.99 (1) and (1m), 293.81, 293.87 (3) and (4) (a),
13295.19 (3) (a) and (b) 1., 295.37 (2), 295.79 (2), (3), and (4), 299.15 (4), 299.51 (5),
14299.53 (4) (c) 1., 299.62 (3) (a) and (c), and 299.97 (1), if a regulated entity that
15qualifies under sub. (2) for participation in the Environmental Compliance Audit
16Program corrects violations that it discloses in a report that meets the requirements
17of sub. (3) within 90 days after the department receives the report that meets the
18requirements of sub. (3), the regulated entity may not be required to forfeit more than
19$500 for each violation, regardless of the number of days during which the violation
20continues.
AB426,180,721 4. Notwithstanding minimum or maximum forfeitures specified in ss. 29.314
22(7), 29.334 (2), 29.604 (5) (a), 29.611 (11), 29.889 (10) (c) 2., 29.969, 29.971 (1) (a), (1m)
23(a), (3), (3m), (11g) (b), (11m) (b), and (11r) (b), 30.298 (1), (2), and (3), 30.49 (1) (a) and
24(c), 31.23 (2), 281.75 (19), 281.98 (1), 281.99 (2) (a) 1., 283.91 (2), 285.41 (7), 285.57
25(5), 285.59 (8), 285.87 (1), 287.95 (1), (2) (b), and (3) (b), 287.97, 289.96 (2) and (3) (a),

1291.97 (1), 292.99 (1) and (1m), 293.81, 293.87 (3) and (4) (a), 295.19 (3) (a) and (b)
21., 295.37 (2), 295.79 (2), (3), and (4), 299.15 (4), 299.51 (5), 299.53 (4) (c) 1., 299.62
3(3) (a) and (c), and 299.97 (1), if the department approves a compliance schedule
4under sub. (6) and the regulated entity corrects the violations according to the
5compliance schedule, the regulated entity may not be required to forfeit more than
6$500 for each violation, regardless of the number of days during which the violation
7continues.
AB426, s. 67 8Section 67. 299.95 of the statutes is amended to read:
AB426,180,25 9299.95 Enforcement; duty of department of justice; expenses. The
10attorney general shall enforce chs. 281 to 285 and 289 to 295 and this chapter, except
11ss. 285.57, 285.59, and 299.64, and all rules, special orders, licenses, plan approvals,
12permits, and water quality certifications of the department, except those
13promulgated or issued under ss. 285.57, 285.59, and 299.64 and except as provided
14in ss. 285.86 and 299.85 (7) (am). The Except as provided in s. 295.79 (1), the circuit
15court for Dane county or for any other county where a violation occurred in whole or
16in part has jurisdiction to enforce chs. 281 to 285 and 289 to 295 or this chapter or
17the rule, special order, license, plan approval, permit, or certification by injunctional
18and other relief appropriate for enforcement. For purposes of this proceeding where
19chs. 281 to 285 and 289 to 295 or this chapter or the rule, special order, license, plan
20approval, permit or certification prohibits in whole or in part any pollution, a
21violation is considered a public nuisance. The department of natural resources may
22enter into agreements with the department of justice to assist with the
23administration of chs. 281 to 285 and 289 to 295 and this chapter. Any funds paid
24to the department of justice under these agreements shall be credited to the
25appropriation account under s. 20.455 (1) (k).
AB426, s. 68
1Section 68. 323.60 (1) (gm) of the statutes is created to read:
AB426,181,32 323.60 (1) (gm) "Minerals" mean unbeneficiated metallic ore but does not
3include mineral aggregates such as stone, sand, and gravel.
AB426, s. 69 4Section 69. 323.60 (5) (d) 3. of the statutes is amended to read:
AB426,181,145 323.60 (5) (d) 3. All facilities with 10 or more employees in major group
6classifications 10 to 13 in the standard industrial classification manual, 1987
7edition, published by the U.S. office of management and budget, at which a toxic
8chemical is used at or above an applicable threshold quantity, except that compliance
9with the toxic chemical release form requirements under this subdivision is not
10required for the placement of a toxic chemical in a storage or disposal site or facility
11that is located at a facility with a permit under ch. 293 or a mining permit under
12subch. III of ch. 295
if the toxic chemical consists of or is contained in merchantable
13by-products, as defined in s. 293.01 (7) or 295.41 (25), minerals as defined in s. 293.01
14(8)
, or refuse, as defined in s. 293.01 (25) or 295.41 (41).
AB426, s. 70 15Section 70. 710.02 (2) (d) of the statutes is amended to read:
AB426,181,1716 710.02 (2) (d) An exploration mining lease as defined in s. 107.001 (1) and land
17used for mining and associated activities under chs. 293 and 295.
AB426, s. 71 18Section 71. Nonstatutory provisions.
AB426,181,1919 (1) Rules.
AB426,182,420 (a) The department of natural resources shall submit in proposed form rules
21revising chapters NR 130, 131, 132, and 182, Wisconsin Administrative Code, that
22are in effect on the effective date of this paragraph and revising any other rules
23promulgated under section 293.13 (1) (a) of the statutes that are in effect on the
24effective date of this paragraph to the legislative council staff under section 227.15
25(1) of the statutes no later than the first day of the 5th month beginning after the

1effective date of this paragraph. The proposed revised rules shall clarify that
2chapters NR 130, 131, 132, and 182, Wisconsin Administrative Code, and any other
3rules promulgated under section 293.13 (1) (a) of the statutes do not apply to ferrous
4metallic mining.
AB426,182,155 (b) The department of natural resources shall submit in proposed form rules
6revising chapters NR 500 to 555 and 600 to 679, Wisconsin Administrative Code, that
7are in effect on the effective date of this paragraph and revising any other rules
8promulgated under sections 289.05 and 289.06 (1) of the statutes that are in effect
9on the effective date of this paragraph to the legislative council staff under section
10227.15 (1) of the statutes no later than the first day of the 5th month beginning after
11the effective date of this paragraph. The department shall revise the rules in
12chapters NR 500 to 555 and 600 to 679, Wisconsin Administrative Code, and any
13other rules promulgated under sections 289.05 and 289.06 (1) of the statutes so that
14they are consistent with subchapter III of chapter 295, of the statutes, as created by
15this act.
AB426,182,2216 (c) The department of natural resources shall submit, to the legislative council
17staff under section 227.15 (1) of the statutes, no later than the first day of the 5th
18month beginning after the effective date of this paragraph, in proposed form rules
19revising any rules of the department that are in effect on the effective date of this
20paragraph, in addition to the rules under paragraphs (a ) and (b), that provide
21exemptions for nonferrous mining or associated activities to provide the same
22exemptions for ferrous mining and associated activities.
AB426,183,3
1(d) Notwithstanding section 227.137 (2) of the statutes, the department of
2natural resources is not required to prepare an economic impact report for the
3revised rules required under paragraphs (a ) to (c).
AB426,183,44 (End)
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