AB426,45,22 18(29) "Mining site" means the surface area disturbed by mining, including the
19surface area from which the ferrous minerals or refuse or both have been removed,
20the surface area covered by refuse, all lands disturbed by the construction or
21improvement of haulageways, and any surface areas in which structures,
22equipment, materials, and any other things used in the mining are situated.
AB426,46,5 23(30) "Mining waste" means tailings, waste rock, mine overburden, waste
24treatment sludges, or other discarded material, including solid, liquid, semi-solid,
25or contained gaseous material, resulting from mining or from the cleaning or

1preparation of ferrous minerals during mining operations, except that "mining
2waste" does not include topsoil and mine overburden intended to be returned to the
3mining site or used in the reclamation process and that is placed on the mining site
4for those purposes, as provided for in the approved mining plan, and does not include
5merchantable by-products.
AB426,46,10 6(31) "Mining waste site" means any land or appurtenances thereto used for the
7storage or disposal of mining waste or for the storage of merchantable by-products,
8but does not include land or appurtenances used in the production or transportation
9of mining waste, such as the concentrator, haul roads, or tailings pipelines, that are
10part of the mining site.
AB426,46,13 11(32) "Nonferrous metallic mineral" means an ore or other earthen material to
12be excavated from natural deposits on or in the earth for its metallic content but not
13primarily for its iron oxide content.
AB426,46,16 14(33) "Operator" means any person who is engaged in mining, or who holds a
15mining permit, whether individually, jointly, or through subsidiaries, agents,
16employees, or contractors.
AB426,46,17 17(34) "Overburden" means any unconsolidated material that overlies bedrock.
AB426,46,20 18(35) "Person" means an individual, corporation, limited liability company,
19partnership, association, local governmental agency, interstate agency, state agency,
20or federal agency.
AB426,46,22 21(36) "Piping" means the progressive erosion of materials from an embankment
22or foundation caused by the seepage of water.
AB426,46,24 23(37) "Principal shareholder" means any person who owns at least 10 percent
24of the beneficial ownership of an applicant or operator.
AB426,47,3
1(38) "Reagent" means a substance or compound that is added to a system in
2order to bring about a chemical reaction or is added to see if a reaction occurs to
3confirm the presence of another substance.
AB426,47,6 4(39) "Reclamation" means the process by which an area physically or
5environmentally affected by exploration or mining is rehabilitated to either its
6original state or to a state that provides long-term environmental stability.
AB426,47,8 7(40) "Reclamation plan" means the proposal for the reclamation of an
8exploration site under s. 295.44 (2) (b) or a mining site under s. 295.49.
AB426,47,10 9(41) "Refuse" means all mining waste and all waste materials deposited on or
10in the mining site from other sources, except merchantable by-products.
AB426,47,13 11(42) "Related person" means any person that owns or operates a mining site
12in the United States and that is one of the following when an application for a mining
13permit is submitted to the department:
AB426,47,1414 (a) The parent corporation of the applicant.
AB426,47,1615 (b) A person that holds more than a 30 percent ownership interest in the
16applicant.
AB426,47,1817 (c) A subsidiary or affiliate of the applicant in which the applicant holds more
18than a 30 percent ownership interest.
AB426,47,23 19(44) "Subsidence" means lateral or vertical ground movement caused by a
20failure, initiated at the mine, of a man-made underground mine, that directly
21damages residences or commercial buildings, except that "subsidence" does not
22include lateral or vertical ground movement caused by earthquake, landslide, soil
23conditions, soil erosion, soil freezing and thawing, or roots of trees and shrubs.
AB426,48,3
1(45) "Tailings" means waste material resulting from beneficiation of crushed
2ferrous minerals at a concentrator or from washing, concentration, or treatment of
3crushed ferrous minerals.
AB426,48,6 4(46) "Unsuitable" means that the land proposed for mining is not suitable for
5mining because the mining activity will more probably than not destroy or
6irreparably damage any of the following:
AB426,48,97 (a) Habitat required for survival of species of vegetation or wildlife designated
8as endangered through prior inclusion in rules adopted by the department, if the
9endangered species cannot be reestablished elsewhere.
AB426,48,1310 (b) Unique features of the land, as determined by state or federal designation
11and incorporated in rules adopted by the department, as any of the following, which
12cannot have their unique characteristic preserved by relocation or replacement
13elsewhere:
AB426,48,1414 1. Wilderness areas.
AB426,48,1515 2. Wild and scenic rivers.
AB426,48,1616 3. National or state parks.
AB426,48,1717 4. Wildlife refuges and areas.
AB426,48,1818 5. Listed properties, as defined in s. 44.31 (4).
AB426,48,23 19(46m) "Wastewater and sludge storage or treatment lagoon" means a
20man-made containment structure that is constructed primarily of earthen
21materials, that is for the treatment or storage of wastewater, storm water, or sludge,
22and that is not a land disposal system, as defined in s. NR 140.05 (11), Wis. Adm.
23Code.
AB426,48,24 24(47) "Waters of the state" has the meaning given in s. 281.01 (18).
AB426,49,2
1(48) "Water supply" means the sources and their surroundings from which
2water is supplied for drinking or domestic purposes.
AB426,49,3 3(49) "Wetland" has the meaning given in s. 23.32 (1).
AB426,49,14 4295.43 Responsibilities related to mining. The department shall serve as
5the central unit of state government to ensure that the impact from mining and
6reclamation on the air, lands, waters, plants, fish, and wildlife in this state will be
7minimized and mitigated to the extent practicable. The administration of
8occupational health and safety laws and rules that apply to mining remain
9exclusively the responsibility of the department of safety and professional services.
10The powers and duties of the geological and natural history survey under s. 36.25 (6)
11remain exclusively the responsibility of the geological and natural history survey.
12Nothing in this section prevents the department of safety and professional services
13and the geological and natural history survey from cooperating with the department
14in the exercise of their respective powers and duties.
AB426,49,15 15295.44 Exploration. (1) Definitions. In this section:
AB426,49,1616 (a) "Abandonment" means the filling or sealing of a drillhole.
AB426,49,1917 (b) "Clay slurry" means a fluid mixture of native clay formation or commercial
18clay or clay mineral products and water prepared with only the amount of water
19necessary to produce fluidity.
AB426,49,2120 (c) "Concrete grout" means a mixture consisting of type A portland cement and
21an equal or lesser volume of dry sand combined with water.
AB426,49,2322 (d) "Driller" means a person who performs core, rotary, percussion, or other
23drilling involved in exploration for ferrous minerals.
AB426,49,2524 (e) "Drilling site" means the area disturbed by exploration, including the
25drillhole.
AB426,50,2
1(f) "Dump bailer" means a cylindrical container with a valve that empties the
2contents of the container at the bottom of a drillhole.
AB426,50,43 (g) "Explorer" means any person who engages in exploration or who contracts
4for the services of drillers for the purpose of exploration.
AB426,50,125 (h) "Exploration" means the on-site geologic examination from the surface of
6an area by core, rotary, percussion, or other drilling, where the diameter of the hole
7does not exceed 18 inches, for the purpose of searching for ferrous minerals or
8establishing the nature of a known ferrous mineral deposit, including associated
9activities such as clearing and preparing sites or constructing roads for drilling.
10"Exploration" does not include drilling for the purpose of collecting soil samples or
11for determining radioactivity by means of placement of devices that are sensitive to
12radiation.
AB426,50,1413 (i) "License year" means the period beginning on July 1 of any year and ending
14on the following June 30.
AB426,50,1615 (j) "Neat cement grout" means a mixture consisting of type A portland cement
16and water.
AB426,50,1817 (k) "Termination" means the filling of drillholes and the reclamation of a
18drilling site.
AB426,50,24 19(2) License. No person may engage in exploration, or contract for the services
20of drillers for purposes of exploration, without an annual license from the
21department. The department shall provide copies of the application for an
22exploration license to the state geologist upon issuance of the exploration license. A
23person seeking an exploration license shall file an application that includes all of the
24following:
AB426,50,2525 (a) An exploration plan that includes all of the following:
AB426,51,2
11. A description of the site where the exploration will take place and a map of
2that area showing the locations of the exploration.
AB426,51,33 2. A description of the means and method that will be used for the exploration.
AB426,51,54 3. A description of the grading and stabilization of the excavation, sides, and
5benches that will be conducted.
AB426,51,76 4. A description of how the grading and stabilization of any deposits of refuse
7will be conducted.
AB426,51,98 5. A description of how any diversion and drainage of water from the
9exploration site will be conducted.
AB426,51,1010 6. A description of how any backfilling will be conducted.
AB426,51,1211 7. A description of how any pollutant-bearing minerals or materials will be
12covered.
AB426,51,1413 8. A description of how the topsoils will be removed and stockpiled or how other
14measures will be taken to protect topsoils before exploration.
AB426,51,1515 9. A description of how vegetative cover will be provided.
AB426,51,1616 10. A description of how any water impoundment will be accomplished.
AB426,51,1817 11. Identification of the means and method that will be used to prevent
18significant environmental pollution to the extent practicable.
AB426,51,2019 (b) A reclamation plan, designed to minimize adverse effects to the
20environment to the extent practicable, that includes all of the following:
AB426,51,2321 1. A description of how all toxic and hazardous wastes and other solid waste
22will be disposed of in solid or hazardous waste disposal facilities licensed under ch.
23289 or 291 or otherwise in an environmentally sound manner.
AB426,51,2524 2. A description of how topsoil will be preserved for purposes of future use in
25reclamation.
AB426,52,2
13. A description of how revegetation will be conducted to stabilize disturbed
2soils and prevent air and water pollution to the extent practicable.
AB426,52,43 4. A description of how disturbance to wetlands will be minimized to the extent
4practicable.
AB426,52,55 5. A statement that all drillholes will be abandoned in compliance with sub. (5).
AB426,52,66 (c) An exploration license fee of $300.
AB426,52,77 (d) A bond, as provided in sub. (3) (a).
AB426,52,138 (e) A certificate of insurance showing that the applicant has in force a liability
9insurance policy issued by an insurance company licensed to do business in this state
10covering all exploration conducted or contracted for by the explorer in this state and
11affording personal injury and property damage protection in a total amount
12determined to be adequate by the department, but not more than $1,000,000 and not
13less than $50,000.
AB426,52,1714 (f) A copy of the applicant's most recent annual report to the federal securities
15and exchange commission on form 10-K, or, if this is not available, a report of the
16applicant's current assets and liabilities or other data necessary to establish that the
17applicant is competent to conduct exploration in this state.
AB426,52,24 18(2m) Confidentiality. The department shall protect as confidential any
19information, other than effluent data, contained in an application for an exploration
20license, upon a showing that the information is entitled to protection as a trade
21secret, as defined in s. 134.90 (1) (c), and any information relating to the location,
22quality, or quantity of a ferrous mineral deposit, to production or sales figures, or to
23processes or production unique to the applicant or that would tend to adversely affect
24the competitive position of the applicant if made public.
AB426,53,6
1(3) Bond. (a) An applicant shall submit, as part of the application for an
2exploration license, a bond in the amount of $5,000 that is conditioned on faithful
3performance of the requirements of this section, that is issued by a surety company
4licensed to do business in this state, and that provides that the bond may not be
5canceled by the surety, except after not less than 90 days' notice to the department
6in writing by registered or certified mail.
AB426,53,117 (b) If the surety for a bond submitted under par. (a) issues a cancellation notice,
8the explorer shall deliver a replacement bond at least 30 days before the expiration
9of the 90 day notice period. If the explorer fails to submit a replacement bond, the
10explorer may not engage in exploration until the explorer submits a replacement
11bond.
AB426,53,1612 (c) If the license of the surety company for a bond submitted under par. (a) is
13revoked or suspended, the explorer, within 30 days after receiving written notice
14from the department, shall deliver a replacement bond. If the explorer fails to submit
15a replacement bond, the explorer may not engage in exploration until the explorer
16submits a replacement bond.
AB426,53,2017 (d) The department may require that the amount of the bond submitted under
18this subsection be increased at any time, if the department determines that the level
19of activity by the explorer makes it likely that the bond would be inadequate to fund
20the termination of all drillholes for which the explorer is responsible.
AB426,53,2421 (e) The department shall release a bond submitted under this subsection one
22year after the issuance of the last certificate of completion of exploration under sub.
23(9) (c) 3. if the explorer no longer holds an exploration license and the department
24determines that the explorer has complied with this section.
AB426,54,9
1(4) Issuance or denial of exploration license. (a) Except as provided in par.
2(c), within 10 business days of receiving an administratively complete application for
3an exploration license, the department shall issue the exploration license or provide
4the notice required under par. (f) of intent not to issue the exploration license, unless
5the application is for an upcoming license year. If an application is for an upcoming
6license year, the department shall issue the exploration license or provide the notice
7required under par. (f) of intent not to issue the exploration license within 10
8business days of receiving an administratively complete application or on the next
9July 1, whichever is later.
AB426,54,2210 (b) An application for an exploration license is considered to be
11administratively complete on the day that it is submitted, unless, before the 10th
12business day after receiving the application, the department provides the applicant
13with written notification that the application is not administratively complete. The
14department may determine that an application is not administratively complete only
15if the application does not include an exploration plan; a reclamation plan; an
16exploration license fee; a bond; a certificate of insurance; or a copy of the applicant's
17most recent annual report to the federal securities and exchange commission on form
1810-K, or, if this is not available, a report of the applicant's current assets and
19liabilities or other data necessary to establish that the applicant is competent to
20conduct exploration in this state. The department may not consider the quality of
21the information provided. In a notice provided under this paragraph, the
22department shall identify what is missing from the application.
AB426,55,523 (c) If the department provides notification, in compliance with par. (b), that an
24application is not administratively complete, the department shall issue the
25exploration license or provide the notice required under par. (f) of intent not to issue

1the license within 7 business days of receipt of the missing item, unless the
2application is for an upcoming license year. If the application is for an upcoming
3license year, the department shall issue the exploration license or provide the notice
4required under par. (f) of intent not to issue the exploration license within 7 business
5days of receipt of the missing item or on the next July 1, whichever is later.
AB426,55,106 (d) If the department does not comply with par. (a) or (c), the application is
7automatically approved and the department shall issue an exploration license that
8includes the requirements in sub. (5). The explorer may engage in exploration based
9on the automatic approval, notwithstanding any delay by the department in issuing
10the license.
AB426,55,1511 (e) Subject to par. (f), the department shall deny an application for an
12exploration license if the department finds that, after the activities in the exploration
13plan and the reclamation plan have been completed, the exploration will have a
14substantial and irreparable adverse impact on the environment or present a
15substantial risk of injury to public health and welfare.
AB426,56,516 (f) Before denying an application, the department shall provide the applicant
17with written notification of its intent not to issue the exploration license, setting
18forth all of the reasons for its intent not to issue the exploration license, including
19reference to competent evidence supporting its position. The department shall
20provide the person with an opportunity to correct any deficiencies in the exploration
21plan or restoration plan within 10 business days. If the person amends the
22exploration plan or reclamation plan and corrects the deficiencies, the department
23shall issue the exploration license within 10 business days of receipt of the amended
24exploration plan or reclamation plan, unless the application is for an upcoming
25license year. If an application is for an upcoming license year, the department shall

1issue the exploration license within 10 business days of receipt of the amended
2exploration plan or reclamation plan or on the next July 1, whichever is later. If the
3department determines that the deficiencies have not been corrected, it shall deny
4the application, in writing, setting forth all of the reasons for its determination,
5including reference to competent evidence supporting the determination.
AB426,56,7 6(5) Requirements in exploration license. The department shall include all of
7the following in an exploration license:
AB426,56,118 (a) A requirement that if the explorer wishes to temporarily abandon a drillhole
9so that the explorer may use the drillhole for future exploration, the explorer leave
10the well casing in place and seal the upper end of the casing with a watertight
11threaded or welded cap.
AB426,56,1412 (b) A requirement to permanently abandon a drillhole 4 inches in diameter or
13smaller by filling the drillhole from the bottom upward to the surface of the ground
14with concrete grout or neat cement grout.
AB426,56,1715 (c) A requirement to abandon a drillhole larger than 4 inches in diameter by
16filling the drillhole from the bottom upward to the surface of the ground with
17concrete grout or neat cement grout or in one of the following ways:
AB426,56,2518 1. If the drillhole is constructed in limestone, dolomite, shale, or Precambrian
19formations, such as granite, gabbro, gneiss, schist, slate, greenstone, or quartzite, by
20filling the drillhole with gravel or crushed rock or, if it is physically impracticable to
21use gravel or crushed rock and if the department approves, with clay slurry, from the
22bottom upward to a point 20 feet below the top of the first rock formation encountered
23below the surface of the ground or to at least 40 feet below the surface of the ground,
24whichever is the greater depth, and filling the remainder of the drillhole with
25concrete grout or neat cement grout.
AB426,57,7
12. If the drillhole is constructed in sandstone formation, by filling the drillhole
2with disinfected sand or pea gravel or, if it is physically impracticable to use sand or
3pea gravel and if the department approves, with clay slurry, from the bottom upward
4to a point 20 feet below the top of the first rock formation encountered below the
5surface of the ground or to at least 40 feet below the surface of the ground, whichever
6is the greater depth, and filling the remainder of the drillhole with concrete grout or
7neat cement grout.
AB426,57,118 3. If the drillhole is constructed in glacial drift or other unconsolidated
9formation, by filling the hole with clean clay slurry to a point 20 feet below the surface
10of the ground and filling the remainder of the drillhole with concrete grout or neat
11cement grout.
AB426,57,1512 4. If the drillhole is constructed in mixed rock types, by filling the drillhole as
13provided in subds. 1., 2., and 3., and providing a concrete grout or neat cement grout
14plug that extends at least 20 feet above and below the point of surface contact
15between each recognized geologic rock type.
AB426,57,1716 (d) 1. A requirement to use a conductor pipe or, when practical, a dump bailer
17when filling a drillhole.
AB426,57,2018 2. A requirement to keep the bottom end of the conductor pipe submerged in
19concrete grout or neat cement grout at all times when concrete grout or neat cement
20grout is placed under water using a conductor pipe.
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