AB426: Bill Text

AB426,34,21 293.01 (7) "Merchantable by-product" means all waste soil, rock, mineral, liquid, vegetation and other material directly resulting from or displaced by the mining, cleaning or preparation of nonferrous metallic minerals during mining operations which are determined by the department to be marketable upon a showing of marketability made by the operator, accompanied by a verified statement by the operator of his or her intent to sell such material within 3 years from the time it results from or is displaced by mining. If after 3 years from the time merchantable by-product results from or is displaced by mining such material has not been transported off the mining site, it shall be considered and regulated as refuse unless removal is continuing at a rate of more than 12,000 cubic yards per year.

AB426, s. 44 Section 44. 293.01 (8) of the statutes is repealed.

AB426, s. 45 Section 45. 293.01 (9) of the statutes is amended to read:

AB426,35,2 293.01 (9) "Mining" or "mining operation" means all or part of the process involved in the mining of nonferrous metallic minerals, other than for exploration or prospecting, including commercial extraction, agglomeration, beneficiation, construction of roads, removal of overburden and the production of refuse.

AB426, s. 46 Section 46. 293.01 (12) of the statutes is amended to read:

AB426,35,9 293.01 (12) "Mining site" means the surface area disturbed by a mining operation, including the surface area from which the nonferrous metallic minerals or refuse or both have been removed, the surface area covered by refuse, all lands disturbed by the construction or improvement of haulageways, and any surface areas in which structures, equipment, materials and any other things used in the mining operation are situated.

AB426, s. 47 Section 47. 293.01 (12m) of the statutes is created to read:

AB426,35,13 293.01 (12m) "Nonferrous metallic mineral" means an ore or other earthen material to be excavated from the natural deposits on or in the earth for its metallic content but not primarily for its iron oxide content.

AB426, s. 48 Section 48. 293.01 (18) of the statutes is amended to read:

AB426,36,2 293.01 (18) "Prospecting" means engaging in the examination of an area for the purpose of determining the quality and quantity of nonferrous metallic minerals, other than for exploration but including the obtaining of an ore a nonferrous metallic mineral 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 nonferrous 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. (9), provided such activities and construction are reasonably related to prospecting requirements.

AB426, s. 49 Section 49. 293.01 (25) of the statutes is amended to read:

AB426,36,9 293.01 (25) "Refuse" means all waste soil, rock, mineral, liquid, vegetation and other material, except merchantable by-products, directly resulting from or displaced by the prospecting or mining and from the cleaning or preparation of nonferrous metallic minerals during prospecting or mining operations, and shall include all waste materials deposited on or in the prospecting or mining site from other sources.

AB426, s. 50 Section 50. 293.21 (1) (a) of the statutes is amended to read:

AB426,36,12 293.21 (1) (a) "Driller" means a person who performs core, rotary, percussion or other drilling involved in exploration for nonferrous metallic minerals.

AB426, s. 51 Section 51. 293.25 (2) (a) of the statutes is amended to read:

AB426,36,21 293.25 (2) (a) Applicability. Except as provided under par. (b), ss. 293.21 and 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 nonferrous metallic mineral exploration, to activities related to nonferrous metallic mineral exploration and to persons engaging in or intending to engage in nonferrous metallic mineral exploration or related activities.

AB426, s. 52 Section 52. 293.25 (4) of the statutes is amended to read:

AB426,37,6 293.25 (4) Regulation of exploration and related provisions. Sections 293.13, 293.15 (1) to (12), 293.85, 293.87 and 293.89 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 nonferrous metallic mineral exploration, to activities related to nonferrous metallic mineral exploration and to persons engaging in or intending to engage in nonferrous metallic mineral exploration or related activities.

AB426, s. 53 Section 53. 293.37 (4) (b) of the statutes is amended to read:

AB426,37,18 293.37 (4) (b) If the department finds that the anticipated life and total area of a nonferrous metallic mineral deposit are of sufficient magnitude that reclamation of the mining site consistent with this chapter requires a comprehensive plan for the entire affected area, it shall require an operator to submit with the application for a mining permit, amended mining site or change in mining or reclamation plan, a comprehensive long-term plan showing, in detail satisfactory to the department, the manner, location and time for reclamation of the entire area of contiguous land which will be affected by mining and which is owned, leased or under option for purchase or lease by the operator at the time of application. Where a nonferrous metallic mineral deposit lies on or under the lands of more than one operator, the department shall require the operators to submit mutually consistent comprehensive plans.

AB426, s. 54 Section 54. 293.47 (1) (b) of the statutes is amended to read:

AB426,37,24 293.47 (1) (b) "Geologic information" means information concerning descriptions of an a nonferrous ore body, descriptions of reserves, tonnages and grades of nonferrous ore, descriptions of a drill core or bulk sample including analysis, descriptions of drill hole depths, distances and similar information related to the nonferrous ore body.

AB426, s. 55 Section 55. 293.50 (1) (b) of the statutes is amended to read:

AB426,38,2 293.50 (1) (b) "Sulfide ore body" means a mineral deposit in which nonferrous metals are mixed with sulfide minerals.

AB426, s. 56 Section 56. 293.50 (2) (intro.) of the statutes is amended to read:

AB426,38,6 293.50 (2) (intro.) Beginning on May 7, 1998, the department may not issue a permit under s. 293.49 for the purpose of the mining of a sulfide ore body until all of the following conditions are satisfied:

AB426, s. 57 Section 57. 293.50 (2) (a) of the statutes is amended to read:

AB426,38,13 293.50 (2) (a) The department determines, based on information provided by an applicant for a permit under s. 293.49 and verified by the department, that a mining operation has operated in a sulfide ore body which, together with the host nonferrous rock, has a net acid generating potential in the United States or Canada for at least 10 years without the pollution of groundwater or surface water from acid drainage at the tailings site or at the mine site or from the release of heavy metals.

AB426, s. 58 Section 58. 293.50 (2) (b) of the statutes is amended to read:

AB426,38,21 293.50 (2) (b) The department determines, based on information provided by an applicant for a permit under s. 293.49 and verified by the department, that a mining operation that operated in a sulfide ore body which, together with the host nonferrous rock, has a net acid generating potential in the United States or Canada has been closed for at least 10 years without the pollution of groundwater or surface water from acid drainage at the tailings site or at the mine site or from the release of heavy metals.

AB426, s. 59 Section 59. 293.51 (1) of the statutes is amended to read:

AB426,39,13 293.51 (1) Upon notification that an application for a prospecting or mining permit has been approved by the department but prior to commencing prospecting or mining, the operator shall file with the department a bond conditioned on faithful performance of all of the requirements of this chapter and all rules adopted by the department under this chapter. The bond shall be furnished by a surety company licensed to do business in this state. In lieu of a bond, the operator may deposit cash, certificates of deposit or government securities with the department. Interest received on certificates of deposit and government securities shall be paid to the operator. The amount of the bond or other security required shall be equal to the estimated cost to the state of fulfilling the reclamation plan, in relation to that portion of the site that will be disturbed by the end of the following year. The estimated cost of reclamation of each prospecting or mining site shall be determined by the department on the basis of relevant factors including, but not limited to, expected changes in the price index, topography of the site, methods being employed, depth and composition of overburden and depth of nonferrous metallic mineral deposit being mined.

AB426, s. 60 Section 60. 293.65 (3) (a) of the statutes is amended to read:

AB426,39,19 293.65 (3) (a) An approval under s. 281.34 is required to withdraw groundwater for prospecting or mining or to dewater mines if the capacity and rate of withdrawal of all wells involved in the withdrawal of groundwater or the dewatering of mines exceeds 100,000 gallons each day. A permit under s. 283.31 is required to discharge pollutants resulting from the dewatering of mines.

AB426, s. 61 Section 61. 293.65 (3) (b) of the statutes is amended to read:

AB426,40,2 293.65 (3) (b) The department may not issue an approval under s. 281.34 if the withdrawal of groundwater for prospecting or mining purposes or the dewatering of mines will result in the unreasonable detriment of public or private water supplies or the unreasonable detriment of public rights in the waters of the state. No withdrawal of groundwater for prospecting or mining purposes or the dewatering of mines may be made to the unreasonable detriment of public or private water supplies or the unreasonable detriment of public rights in the waters of the state.

AB426, s. 62 Section 62. 293.86 of the statutes is amended to read:

AB426,40,15 293.86 Visitorial powers of department. Any duly authorized officer, employee or representative of the department may enter and inspect any property, premises or place on or at which any prospecting or metallic mining operation or facility is located or is being constructed or installed at any reasonable time for the purpose of ascertaining the state of compliance with this chapter and chs. 281, 285, 289 to 292, 295 and 299, subchs. I and II of ch. 295, and rules adopted pursuant thereto. No person may refuse entry or access to any such authorized representative of the department who requests entry for purposes of inspection, and who presents appropriate credentials, nor may any person obstruct, hamper or interfere with any such inspection. The department shall furnish to the prospector or operator, as indicated in the prospecting or mining permit, a written report setting forth all observations, relevant information and data which relate to compliance status.

AB426, s. 63 Section 63. Chapter 295 (title) of the statutes is amended to read:

AB426,40,17 Chapter 295

AB426,40,20 NONMETALLIC MINING RECLAMATION; OIL AND GAS; ferrous metallic mining

AB426, s. 64 Section 64. 295.16 (4) (f) of the statutes is amended to read:

AB426,40,23 295.16 (4) (f) Any mining operation, the reclamation of which is required in a permit obtained under ch. 293 or subch. III of ch. 295.

AB426, s. 65 Section 65. Subchapter III of chapter 295 [precedes 295.40] of the statutes is created to read:

AB426,41,1 Chapter 295

AB426,41,3 Subchapter III ferrous metallic mining

AB426,41,4 295.40 Legislative findings. The legislature finds all of the following:

AB426,41,6 (1) That attracting and aiding new mining enterprises and expanding the mining industry in Wisconsin is part of Wisconsin public policy.

AB426,41,9 (2) That mining for nonferrous metallic minerals is different from mining for ferrous minerals because in mining for nonferrous metallic minerals, sulfite minerals react, when exposed to air and water, to form acid drainage.

AB426,41,13 (3) That if the mineral products and waste materials associated with nonferrous metallic sulfide mining operations are not properly managed and controlled, they can cause significant damage to the environment, affect human health, and degrade the quality of life of the affected community.

AB426,41,16 (4) That the special concerns surrounding nonferrous metallic mining warrant more stringent regulatory measures than those warranted for ferrous mining operations.

AB426,41,19 (5) That the provisions in ch. 293, 2009 stats., are a deterrent to ferrous mining in this state and are not necessary to ensure that ferrous mining will be conducted in an environmentally sound manner.

AB426,41,23 (6) That simplifying and shortening the permitting process for ferrous metallic mineral mining when compared to nonferrous metallic mineral mining, as Minnesota and Michigan have done, will encourage ferrous metallic mineral mining in Wisconsin and create jobs and generate resources for the state.

AB426,42,5 (7) That because of the fixed location of ferrous mineral deposits in the state, it is probable that mining those deposits will result in adverse impacts to areas of special natural resource interest and to wetlands, including wetlands located within areas of special natural resource interest and that, therefore, the use of wetlands for bulk sampling and mining activities, including the disposal or storage of mining wastes or materials, or the use of other lands for mining activities that would have a significant adverse impact on wetlands, is presumed to be necessary.

AB426,42,6 295.41 Definitions. In this subchapter:

AB426,42,9 (1) "Air pollution" means the presence in the atmosphere of one or more air contaminants in such quantities and of such duration as is injurious to human health or welfare, animal or plant life, or property.

AB426,42,11 (2) "Applicant" means a person who applies for, or is preparing to apply for, an exploration license or a mining permit or who files a bulk sampling plan.

AB426,42,16 (3) "Approval" means any permit, license, certification, contract, or other authorization that the department issues, or any other action by the department, that is required for exploration, to engage in bulk sampling at a bulk sampling site, or to construct or operate a mining site, including any action required for any of the following:

AB426,42,19 (a) The withdrawal of land entered as county forest land under s. 28.11 and any modification of, or amendment to, a county forest land use plan necessitated by the withdrawal of the land.

AB426,42,20 (b) The withdrawal of land entered as forest cropland under s. 77.10.

AB426,42,23 (c) The withdrawal of land designated as managed forest land under subch. VI of ch. 77 and any modification of, or amendment to, a managed forest land management plan necessitated by the withdrawal of the land.

AB426,43,3 (4) "Background water quality" means the concentration of a substance in groundwater as determined by monitoring at locations that will not be affected by a mining site.

AB426,43,6 (5) "Baseline water quality" means the concentration of a substance in groundwater or surface water as determined by monitoring before mining operations begin.

AB426,43,8 (6) "Borrow materials" means soil or rock used in construction or reclamation activities.

AB426,43,13 (7) "Bulk sampling" means excavating in a potential mining site by removing less than 10,000 tons of material for the purposes of obtaining site-specific data to assess the quality and quantity of the ferrous mineral deposits and of collecting data from and analyzing the excavated materials in order to prepare the application for a mining permit or for any other approval.

AB426,43,15 (8) "Closing" means the time at which a mining waste site ceases to accept mining wastes.

AB426,43,17 (9) "Closure" means the actions taken by an operator to prepare a mining waste site for long-term care and to make it suitable for other uses.

AB426,43,19 (10) "Construct" means to engage in a program of on-site construction, including site clearing, grading, dredging, or filling of land.

AB426,43,20 (11) "Department" means the department of natural resources.

AB426,43,22 (12) "Disposal" means the discharge, deposit, injection, dumping, or placing of a substance into or on any land or water.

AB426,43,25 (14) "Environmental impact report" means a document submitted by a person seeking a mining permit that discloses environmental impacts of the proposed mining.

AB426,44,2 (15) "Environmental impact statement" means a detailed statement under s. 1.11 (2) (c).

AB426,44,5 (16) "Environmental pollution" means contaminating or rendering unclean or impure the air, land, or waters of the state, or making the air, land, or waters of the state injurious to public health or animal or plant life.

AB426,44,6 (17) "Exploration license" means a license under s. 295.44.

AB426,44,9 (18) "Ferrous mineral" means an ore or earthen material in natural deposits in or on the earth that primarily exists in the form of an iron oxide, including taconite and hematite.

AB426,44,11 (19) "Fill area" means an area proposed to receive or that is receiving direct application of mining waste.

AB426,44,13 (20) "Freeboard" means the height of the top of a dam above the adjacent liquid surface within the impoundment.

AB426,44,15 (21) "Groundwater" means any of the waters of the state occurring in a saturated subsurface geological formation of rock or soil.

AB426,44,17 (22) "Groundwater quality" means the chemical, physical, biological, thermal, or radiological quality of groundwater at a site or within an underground aquifer.

AB426,44,21 (23) "Groundwater quality standards" means numerical values consisting of enforcement standards and preventive action limits contained in Table 1 of s. NR 140.10, and Table 2 of s. NR 140.12, Wis. Adm. Code, and any preventive action limits for indicator parameters identified under s. NR 140.20 (2).

AB426,44,24 (24) "Leachate" means water or other liquid that has been contaminated by dissolved or suspended materials due to contact with refuse disposed of on the mining site.

AB426,45,7 (25) "Merchantable by-product" means all waste soil, rock, mineral, liquid, vegetation, and other material directly resulting from or displaced by the mining, cleaning, or preparation of minerals, during mining operations, that are determined by the department to be marketable upon a showing of marketability made by the operator, accompanied by a verified statement by the operator of his or her intent to sell the material within 3 years from the time it results from or is displaced by mining.

AB426,45,13 (26) "Mining" means all or part of the process involved in the mining of a ferrous mineral, other than for exploration, including commercial extraction, agglomeration, beneficiation, construction of roads, removal of overburden, and the production of refuse, involving the removal of more than 15,000 tons of earth material a year in the regular operation of a business for the purpose of extracting a ferrous mineral.

AB426,45,14 (27) "Mining permit" means the permit under s. 295.58.

AB426,45,17 (28) "Mining plan" means a proposal for mining on a mining site, including a description of the systematic activities to be used for the purpose of extracting ferrous minerals.

AB426,45,22 (29) "Mining site" means the surface area disturbed by mining, including the surface area from which the ferrous minerals or refuse or both have been removed, the surface area covered by refuse, all lands disturbed by the construction or improvement of haulageways, and any surface areas in which structures, equipment, materials, and any other things used in the mining are situated.

AB426,46,5 (30) "Mining waste" means tailings, waste rock, mine overburden, waste treatment sludges, or other discarded material, including solid, liquid, semi-solid, or contained gaseous material, resulting from mining or from the cleaning or preparation of ferrous minerals during mining operations, except that "mining waste" does not include topsoil and mine overburden intended to be returned to the mining site or used in the reclamation process and that is placed on the mining site for those purposes, as provided for in the approved mining plan, and does not include merchantable by-products.

AB426,46,10 (31) "Mining waste site" means any land or appurtenances thereto used for the storage or disposal of mining waste or for the storage of merchantable by-products, but does not include land or appurtenances used in the production or transportation of mining waste, such as the concentrator, haul roads, or tailings pipelines, that are part of the mining site.

AB426,46,13 (32) "Nonferrous metallic mineral" means an ore or other earthen material to be excavated from natural deposits on or in the earth for its metallic content but not primarily for its iron oxide content.