AB1,58,22 20(24) "Leachate" means water or other liquid that has been contaminated by
21dissolved or suspended materials due to contact with refuse disposed of on the
22mining site.
AB1,59,4 23(25) "Merchantable by-product" means all waste soil, rock, mineral, liquid,
24vegetation, and other material directly resulting from or displaced by the mining,
25cleaning, or preparation of minerals, during mining operations, that are determined

1by the department to be marketable upon a showing of marketability made by the
2operator, accompanied by a verified statement by the operator of his or her intent to
3sell the material within 3 years from the time it results from or is displaced by
4mining.
AB1,59,10 5(26) "Mining" means all or part of the process involved in the mining of a
6ferrous mineral, other than for exploration, including commercial extraction,
7agglomeration, beneficiation, construction of roads, removal of overburden, and the
8production of refuse, involving the removal of more than 15,000 tons of earth
9material a year in the regular operation of a business for the purpose of extracting
10a ferrous mineral.
AB1,59,11 11(27) "Mining permit" means the permit under s. 295.58.
AB1,59,14 12(28) "Mining plan" means a proposal for mining on a mining site, including a
13description of the systematic activities to be used for the purpose of extracting
14ferrous minerals.
AB1,59,19 15(29) "Mining site" means the surface area disturbed by mining, including the
16surface area from which the ferrous minerals or refuse or both have been removed,
17the surface area covered by refuse, all lands disturbed by the construction or
18improvement of haulageways, and any surface areas in which structures,
19equipment, materials, and any other things used in the mining are situated.
AB1,60,2 20(30) "Mining waste" means tailings, waste rock, mine overburden, waste
21treatment sludges, or other discarded material, including solid, liquid, semi-solid,
22or contained gaseous material, resulting from mining or from the cleaning or
23preparation of ferrous minerals during mining operations, except that "mining
24waste" does not include topsoil and mine overburden intended to be returned to the
25mining site or used in the reclamation process and that is placed on the mining site

1for those purposes, as provided for in the approved mining plan, and does not include
2merchantable by-products.
AB1,60,7 3(31) "Mining waste site" means any land or appurtenances thereto used for the
4storage or disposal of mining waste or for the storage of merchantable by-products,
5but does not include land or appurtenances used in the production or transportation
6of mining waste, such as the concentrator, haul roads, or tailings pipelines, that are
7part of the mining site.
AB1,60,10 8(32) "Nonferrous metallic mineral" means an ore or other earthen material to
9be excavated from natural deposits on or in the earth for its metallic content but not
10primarily for its iron oxide content.
AB1,60,13 11(33) "Operator" means any person who is engaged in mining, or who holds a
12mining permit, whether individually, jointly, or through subsidiaries, agents,
13employees, or contractors.
AB1,60,14 14(34) "Overburden" means any unconsolidated material that overlies bedrock.
AB1,60,17 15(35) "Person" means an individual, corporation, limited liability company,
16partnership, association, local governmental agency, interstate agency, state agency,
17or federal agency.
AB1,60,19 18(36) "Piping" means the progressive erosion of materials from an embankment
19or foundation caused by the seepage of water.
AB1,60,21 20(37) "Principal shareholder" means any person who owns at least 10 percent
21of the beneficial ownership of an applicant or operator.
AB1,60,24 22(38) "Reagent" means a substance or compound that is added to a system in
23order to bring about a chemical reaction or is added to see if a reaction occurs to
24confirm the presence of another substance.
AB1,61,3
1(39) "Reclamation" means the process by which an area physically or
2environmentally affected by exploration or mining is rehabilitated to either its
3original state or to a state that provides long-term environmental stability.
AB1,61,5 4(40) "Reclamation plan" means the proposal for the reclamation of an
5exploration site under s. 295.44 (2) (b) or a mining site under s. 295.49.
AB1,61,7 6(41) "Refuse" means all mining waste and all waste materials deposited on or
7in the mining site from other sources, except merchantable by-products.
AB1,61,10 8(42) "Related person" means any person that owns or operates a mining site
9in the United States and that is one of the following when an application for a mining
10permit is submitted to the department:
AB1,61,1111 (a) The parent corporation of the applicant.
AB1,61,1312 (b) A person that holds more than a 30 percent ownership interest in the
13applicant.
AB1,61,1514 (c) A subsidiary or affiliate of the applicant in which the applicant holds more
15than a 30 percent ownership interest.
AB1,61,20 16(44) "Subsidence" means lateral or vertical ground movement caused by a
17failure, initiated at the mine, of a man-made underground mine, that directly
18damages residences or commercial buildings, except that "subsidence" does not
19include lateral or vertical ground movement caused by earthquake, landslide, soil
20conditions, soil erosion, soil freezing and thawing, or roots of trees and shrubs.
AB1,61,23 21(45) "Tailings" means waste material resulting from beneficiation of crushed
22ferrous minerals at a concentrator or from washing, concentration, or treatment of
23crushed ferrous minerals.
AB1,62,3
1(46) "Unsuitable" means that the land proposed for mining is not suitable for
2mining because the mining activity will more probably than not destroy or
3irreparably damage any of the following:
AB1,62,64 (a) Habitat required for survival of species of vegetation or wildlife designated
5as endangered through prior inclusion in rules adopted by the department, if the
6endangered species cannot be reestablished elsewhere.
AB1,62,107 (b) Unique features of the land, as determined by state or federal designation
8and incorporated in rules adopted by the department, as any of the following, which
9cannot have their unique characteristic preserved by relocation or replacement
10elsewhere:
AB1,62,1111 1. Wilderness areas.
AB1,62,1212 2. Wild and scenic rivers.
AB1,62,1313 3. National or state parks.
AB1,62,1414 4. Wildlife refuges and areas.
AB1,62,1515 5. Listed properties, as defined in s. 44.31 (4).
AB1,62,20 16(46m) "Wastewater and sludge storage or treatment lagoon" means a
17man-made containment structure that is constructed primarily of earthen
18materials, that is for the treatment or storage of wastewater, storm water, or sludge,
19and that is not a land disposal system, as defined in s. NR 140.05 (11), Wis. Adm.
20Code.
AB1,62,21 21(47) "Waters of the state" has the meaning given in s. 281.01 (18).
AB1,62,23 22(48) "Water supply" means the sources and their surroundings from which
23water is supplied for drinking or domestic purposes.
AB1,62,24 24(49) "Wetland" has the meaning given in s. 23.32 (1).
AB1,63,11
1295.43 Responsibilities related to mining. The department shall serve as
2the central unit of state government to ensure that the impact from mining and
3reclamation on the air, lands, waters, plants, fish, and wildlife in this state will be
4minimized and offset to the extent practicable. The administration of occupational
5health and safety laws and rules that apply to mining remain exclusively the
6responsibility of the department of safety and professional services. The powers and
7duties of the geological and natural history survey under s. 36.25 (6) remain
8exclusively the responsibility of the geological and natural history survey. Nothing
9in this section prevents the department of safety and professional services and the
10geological and natural history survey from cooperating with the department in the
11exercise of their respective powers and duties.
AB1,63,12 12295.44 Exploration. (1) Definitions. In this section:
AB1,63,1313 (a) "Abandonment" means the filling or sealing of a drillhole.
AB1,63,1614 (b) "Clay slurry" means a fluid mixture of native clay formation or commercial
15clay or clay mineral products and water prepared with only the amount of water
16necessary to produce fluidity.
AB1,63,1817 (c) "Concrete grout" means a mixture consisting of type A portland cement and
18an equal or lesser volume of dry sand combined with water.
AB1,63,2019 (d) "Driller" means a person who performs core, rotary, percussion, or other
20drilling involved in exploration for ferrous minerals.
AB1,63,2221 (e) "Drilling site" means the area disturbed by exploration, including the
22drillhole.
AB1,63,2423 (f) "Dump bailer" means a cylindrical container with a valve that empties the
24contents of the container at the bottom of a drillhole.
AB1,64,2
1(g) "Explorer" means any person who engages in exploration or who contracts
2for the services of drillers for the purpose of exploration.
AB1,64,103 (h) "Exploration" means the on-site geologic examination from the surface of
4an area by core, rotary, percussion, or other drilling, where the diameter of the hole
5does not exceed 18 inches, for the purpose of searching for ferrous minerals or
6establishing the nature of a known ferrous mineral deposit, including associated
7activities such as clearing and preparing sites or constructing roads for drilling.
8"Exploration" does not include drilling for the purpose of collecting soil samples or
9for determining radioactivity by means of placement of devices that are sensitive to
10radiation.
AB1,64,1211 (i) "License year" means the period beginning on July 1 of any year and ending
12on the following June 30.
AB1,64,1413 (j) "Neat cement grout" means a mixture consisting of type A portland cement
14and water.
AB1,64,1615 (k) "Termination" means the filling of drillholes and the reclamation of a
16drilling site.
AB1,64,22 17(2) License. No person may engage in exploration, or contract for the services
18of drillers for purposes of exploration, without an annual license from the
19department. The department shall provide copies of the application for an
20exploration license to the state geologist upon issuance of the exploration license. A
21person seeking an exploration license shall file an application that includes all of the
22following:
AB1,64,2323 (a) An exploration plan that includes all of the following:
AB1,64,2524 1. A description of the site where the exploration will take place and a map of
25that area showing the locations of the exploration.
AB1,65,1
12. A description of the means and method that will be used for the exploration.
AB1,65,32 3. A description of the grading and stabilization of the excavation, sides, and
3benches that will be conducted.
AB1,65,54 4. A description of how the grading and stabilization of any deposits of refuse
5will be conducted.
AB1,65,76 5. A description of how any diversion and drainage of water from the
7exploration site will be conducted.
AB1,65,88 6. A description of how any backfilling will be conducted.
AB1,65,109 7. A description of how any pollutant-bearing minerals or materials will be
10covered.
AB1,65,1211 8. A description of how the topsoils will be removed and stockpiled or how other
12measures will be taken to protect topsoils before exploration.
AB1,65,1313 9. A description of how vegetative cover will be provided.
AB1,65,1414 10. A description of how any water impoundment will be accomplished.
AB1,65,1615 11. Identification of the means and method that will be used to prevent
16significant environmental pollution to the extent practicable.
AB1,65,1817 (b) A reclamation plan, designed to minimize adverse effects to the
18environment to the extent practicable, that includes all of the following:
AB1,65,2119 1. A description of how all toxic and hazardous wastes and other solid waste
20will be disposed of in solid or hazardous waste disposal facilities licensed under ch.
21289 or 291 or otherwise in an environmentally sound manner.
AB1,65,2322 2. A description of how topsoil will be preserved for purposes of future use in
23reclamation.
AB1,65,2524 3. A description of how revegetation will be conducted to stabilize disturbed
25soils and prevent air and water pollution to the extent practicable.
AB1,66,2
14. A description of how disturbance to wetlands will be minimized to the extent
2practicable.
AB1,66,33 5. A statement that all drillholes will be abandoned in compliance with sub. (5).
AB1,66,44 (c) An exploration license fee of $300.
AB1,66,55 (d) A bond, as provided in sub. (3) (a).
AB1,66,116 (e) A certificate of insurance showing that the applicant has in force a liability
7insurance policy issued by an insurance company licensed to do business in this state
8covering all exploration conducted or contracted for by the explorer in this state and
9affording personal injury and property damage protection in a total amount
10determined to be adequate by the department, but not more than $1,000,000 and not
11less than $50,000.
AB1,66,1512 (f) A copy of the applicant's most recent annual report to the federal securities
13and exchange commission on form 10-K, or, if this is not available, a report of the
14applicant's current assets and liabilities or other data necessary to establish that the
15applicant is competent to conduct exploration in this state.
AB1,66,23 16(2m) Confidentiality. The department and the state geologist shall protect as
17confidential any information, other than effluent data, contained in an application
18for an exploration license, upon a showing that the information is entitled to
19protection as a trade secret, as defined in s. 134.90 (1) (c), and any information
20relating to the location, quality, or quantity of a ferrous mineral deposit, to
21production or sales figures, or to processes or production unique to the applicant or
22that would tend to adversely affect the competitive position of the applicant if made
23public.
AB1,67,4 24(3) Bond. (a) An applicant shall submit, as part of the application for an
25exploration license, a bond in the amount of $5,000 that is conditioned on faithful

1performance of the requirements of this section, that is issued by a surety company
2licensed to do business in this state, and that provides that the bond may not be
3canceled by the surety, except after not less than 90 days' notice to the department
4in writing by registered or certified mail.
AB1,67,95 (b) If the surety for a bond submitted under par. (a) issues a cancellation notice,
6the explorer shall deliver a replacement bond at least 30 days before the expiration
7of the 90 day notice period. If the explorer fails to submit a replacement bond, the
8explorer may not engage in exploration until the explorer submits a replacement
9bond.
AB1,67,1410 (c) If the license of the surety company for a bond submitted under par. (a) is
11revoked or suspended, the explorer, within 30 days after receiving written notice
12from the department, shall deliver a replacement bond. If the explorer fails to submit
13a replacement bond, the explorer may not engage in exploration until the explorer
14submits a replacement bond.
AB1,67,1815 (d) The department may require that the amount of the bond submitted under
16this subsection be increased at any time, if the department determines that the level
17of activity by the explorer makes it likely that the bond would be inadequate to fund
18the termination of all drillholes for which the explorer is responsible.
AB1,67,2219 (e) The department shall release a bond submitted under this subsection one
20year after the issuance of the last certificate of completion of exploration under sub.
21(9) (c) 3. if the explorer no longer holds an exploration license and the department
22determines that the explorer has complied with this section.
AB1,68,6 23(4) Issuance or denial of exploration license. (a) Except as provided in par.
24(c), within 10 business days of receiving an administratively complete application for
25an exploration license, the department shall issue the exploration license or provide

1the notice required under par. (f) of intent not to issue the exploration license, unless
2the application is for an upcoming license year. If an 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 10
5business days of receiving an administratively complete application or on the next
6July 1, whichever is later.
AB1,68,197 (b) An application for an exploration license is considered to be
8administratively complete on the day that it is submitted, unless, before the 10th
9business day after receiving the application, the department provides the applicant
10with written notification that the application is not administratively complete. The
11department may determine that an application is not administratively complete only
12if the application does not include an exploration plan; a reclamation plan; an
13exploration license fee; a bond; a certificate of insurance; or a copy of the applicant's
14most recent annual report to the federal securities and exchange commission on form
1510-K, or, if this is not available, a report of the applicant's current assets and
16liabilities or other data necessary to establish that the applicant is competent to
17conduct exploration in this state. The department may not consider the quality of
18the information provided. In a notice provided under this paragraph, the
19department shall identify what is missing from the application.
AB1,69,220 (c) If the department provides notification, in compliance with par. (b), that an
21application is not administratively complete, the department shall issue the
22exploration license or provide the notice required under par. (f) of intent not to issue
23the license within 7 business days of receipt of the missing item, unless the
24application is for an upcoming license year. If the application is for an upcoming
25license year, the department shall issue the exploration license or provide the notice

1required under par. (f) of intent not to issue the exploration license within 7 business
2days of receipt of the missing item or on the next July 1, whichever is later.
AB1,69,73 (d) If the department does not comply with par. (a) or (c), the application is
4automatically approved and the department shall issue an exploration license that
5includes the requirements in sub. (5). The explorer may engage in exploration based
6on the automatic approval, notwithstanding any delay by the department in issuing
7the license.
AB1,69,128 (e) Subject to par. (f), the department shall deny an application for an
9exploration license if the department finds that, after the activities in the exploration
10plan and the reclamation plan have been completed, the exploration will have a
11substantial and irreparable adverse impact on the environment or present a
12substantial risk of injury to public health and welfare.
AB1,70,213 (f) Before denying an application, the department shall provide the applicant
14with written notification of its intent not to issue the exploration license, setting
15forth all of the reasons for its intent not to issue the exploration license, including
16reference to competent evidence supporting its position. The department shall
17provide the person with an opportunity to correct any deficiencies in the exploration
18plan or reclamation plan within 10 business days. If the person amends the
19exploration plan or reclamation plan and corrects the deficiencies, the department
20shall issue the exploration license within 10 business days of receipt of the amended
21exploration plan or reclamation plan, unless the application is for an upcoming
22license year. If an application is for an upcoming license year, the department shall
23issue the exploration license within 10 business days of receipt of the amended
24exploration plan or reclamation plan or on the next July 1, whichever is later. If the
25department determines that the deficiencies have not been corrected, it shall deny

1the application, in writing, setting forth all of the reasons for its determination,
2including reference to competent evidence supporting the determination.
AB1,70,4 3(5) Requirements in exploration license. The department shall include all of
4the following in an exploration license:
AB1,70,85 (a) A requirement that if the explorer wishes to temporarily abandon a drillhole
6so that the explorer may use the drillhole for future exploration, the explorer leave
7the well casing in place and seal the upper end of the casing with a watertight
8threaded or welded cap.
AB1,70,119 (b) A requirement to permanently abandon a drillhole 4 inches in diameter or
10smaller by filling the drillhole from the bottom upward to the surface of the ground
11with concrete grout or neat cement grout.
AB1,70,1412 (c) A requirement to permanently abandon a drillhole larger than 4 inches in
13diameter by filling the drillhole from the bottom upward to the surface of the ground
14with concrete grout or neat cement grout or in one of the following ways:
AB1,70,2215 1. If the drillhole is constructed in limestone, dolomite, shale, or Precambrian
16formations, such as granite, gabbro, gneiss, schist, slate, greenstone, or quartzite, by
17filling the drillhole with gravel or crushed rock or, if it is physically impracticable to
18use gravel or crushed rock and if the department approves, with clay slurry, from the
19bottom upward to a point 20 feet below the top of the first rock formation encountered
20below the surface of the ground or to at least 40 feet below the surface of the ground,
21whichever is the greater depth, and filling the remainder of the drillhole with
22concrete grout or neat cement grout.
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