AB46,11,44 289.645 (4) (g) The recycling fee does not apply to prospecting or mining waste.
AB46,20 5Section 20. 293.31 (1) of the statutes is amended to read:
AB46,12,26 293.31 (1) Any person intending to submit an application for a prospecting or
7mining permit shall notify the department prior to the collection of data or
8information intended to be used to support the permit application. A person
9intending to submit an application for a mining permit shall provide notice under
10this subsection at least 12 months before filing that application.
Specific
11environmental data which would be pertinent to a specific prospecting or mining
12application, but which was obtained or collected or generated prior to the notice of
13intent to apply for a prospecting or mining permit, shall be submitted in writing to
14the department together with any substantiating background information which
15would assist the department in establishing the validity of the data. The department
16shall review the data and, if it concludes that the benefits of permitting the
17admission of the data outweigh the policy reasons for excluding it, and if the data is
18otherwise admissible, inform the person giving the notice of intent to prospect or
19mine that the data will be accepted by the department. Such exclusion shall not
20relate to general environmental information such as soil characteristics, hydrologic
21conditions and air and water data contained in publications, maps, documents,
22studies, reports and similar sources, whether public or private, not prepared by or
23for the applicant. Such exclusion shall likewise not relate to data which is otherwise
24admissible that is collected prior to notification under this subsection for purposes

1of evaluating another site or sites and which is not collected with intent to evade the
2provisions of this section.
AB46,21 3Section 21. 293.313 of the statutes is created to read:
AB46,12,4 4293.313 Collaboration. The department shall do all of the following:
AB46,12,6 5(1) Provide assistance to a person who provides notice under s. 293.31 during
6the processes under this subchapter.
AB46,12,9 7(2) Work with and consult with federally recognized American Indian tribes or
8bands in this state during the processes under this subchapter concerning proposed
9mining in which the tribes and bands have an interest.
AB46,12,12 10(3) Work with and provide assistance to other regulatory agencies, including
11local, state, and federal agencies, during the processes under this subchapter related
12to proposed mining in which the agencies have an interest.
AB46,12,17 13(4) After the department receives a notice under s. 293.31, seek to enter into
14a memorandum of understanding with any federal regulatory agency with
15responsibilities related to the potential mining operation covering timelines,
16sampling metrology, and any other issue of mutual concern related to processing an
17application for a mining permit.
AB46,12,20 18(5) Seek to take the lead in processes related to processing an application for
19a mining permit that are undertaken in coordination with federal regulatory
20agencies.
AB46,22 21Section 22. 293.35 (5) of the statutes is amended to read:
AB46,13,222 293.35 (5) If the department determines that a statement under s. 1.11 is
23required for consideration of an application for a prospecting permit to which s.
24293.42 does not apply
, the statement need not consider impacts unrelated to the

1proposed prospecting activity, other than the issue of unsuitability for surface
2mining, absent a certification under sub. (1).
AB46,23 3Section 23. 293.37 (2) (gm) of the statutes is created to read:
AB46,13,64 293.37 (2) (gm) A proposed irrevocable trust agreement to provide funds for
5activities to avoid or remedy any adverse environmental consequences from the
6mining operation.
AB46,24 7Section 24. 293.42 of the statutes is created to read:
AB46,13,10 8293.42 Process for certain prospecting permit applications. If the
9application for a prospecting permit shows that less 10,000 tons of material is
10proposed to be excavated, all of the following apply:
AB46,13,12 11(1) The department is not required to prepare a statement under s. 1.11 or an
12environmental analysis for consideration of the application.
AB46,13,15 13(2) The department shall hold a public informational hearing on the
14application in the county where the prospecting site, or the largest portion of the
15prospecting site, is located.
AB46,13,20 16(3) The hearing under sub. (2), shall cover, to the fullest extent possible, all
17other applications for approvals, licenses, and permits issued by the department that
18are needed to conduct the prospecting. The department shall inform the applicant
19as to the timely application date for all approvals, licenses, and permits issued by the
20department, so as to facilitate their consideration at the hearing.
AB46,13,23 21(4) The department shall approve the application for the prospecting permit,
22and issue the prospecting permit, or deny the application, under s. 293.45, no later
23than 60 days after the department determines that the application is complete.
AB46,14,6 24(5) For each approval, license, or permit, other than the prospecting permit,
25covered by the hearing under sub. (2), except for an approval, license, or permit for

1which federal law requires the opportunity for public comment or the ability to
2request a public hearing prior to issuance, the department shall approve the
3application and issue the approval, license, or permit or deny the application no later
4than 60 days after the department determines that the application for the
5prospecting permit is complete, notwithstanding any procedural provisions that
6would otherwise apply.
AB46,14,9 7(6) Notwithstanding s. 227.42, no person is entitled to a contested case hearing
8on a decision by the department on the prospecting permit or on another approval,
9license, or permit that is covered by the public informational hearing under sub. (2).
AB46,25 10Section 25. 293.43 (title) of the statutes is amended to read:
AB46,14,12 11293.43 (title) Hearings Public informational hearings on permit
12applications.
AB46,26 13Section 26. 293.43 (1) of the statutes is repealed and recreated to read:
AB46,14,1614 293.43 (1) Applicability. This section applies to all applications for mining
15permits and to those applications for prospecting permits to which s. 293.42 does not
16apply.
AB46,27 17Section 27. 293.43 (1m) of the statutes is amended to read:
AB46,15,218 293.43 (1m) Scope. (a) The hearing on the Before approving or denying the
19application for a
prospecting or mining permit shall cover, the department shall hold
20a public informational hearing covering
the application and, any statements
21environmental impact statement
prepared under s. 1.11 and, to the fullest extent
22possible, all other applications for approvals, licenses and permits issued by the
23department. The department shall inform the applicant as to the timely application
24date for all approvals, licenses and permits issued by the department, so as to

1facilitate the consideration of all other matters at the hearing on the prospecting or
2mining permits permit.
AB46,15,183 (b) Except as provided in this paragraph, for all department issued approvals,
4licenses and permits relating to prospecting or mining including solid waste
5feasibility report approvals and permits related to air and water, to be issued after
6April 30, 1980
, the notice, hearing and comment provisions, if any, and the time for
7issuance of decisions, shall be controlled by this section and ss. 293.44, 293.45, and
8293.49. If an applicant fails to make application for an approval, license or permit
9for an activity incidental to prospecting or mining in time for notice under this section
10to be provided, the notice and comment requirements, if any, shall be controlled by
11the specific statutory provisions with respect to that application. If notice under
12those specific statutory notice requirements can be given for consideration of the
13approval, license or permit at the hearing under this section, the application shall
14be considered at that hearing; otherwise, the specific statutory hearing provisions,
15if any, with respect to that application shall control. The substantive requirements
16for the issuance of any approval, permit or license incidental to prospecting or mining
17are not affected by the fact that a hearing on the approval, permit or license is
18conducted as part of a hearing under this section.
AB46,28 19Section 28. 293.43 (2) of the statutes is amended to read:
AB46,15,2220 293.43 (2) Location. The hearing under sub. (1m) shall be held in the county
21where the prospecting or mining site, or the largest portion of the prospecting or
22mining site, is located, but may subsequently be adjourned to other locations.
AB46,29 23Section 29. 293.43 (2m) of the statutes is created to read:
AB46,16,424 293.43 (2m) Meeting on preliminary environmental impact statement. Before
25issuing a final environmental impact statement for a mining permit or for a

1prospecting permit, if the department determines that an environmental impact
2statement is required under s. 1.11 for the prospecting permit, the department shall
3hold at least one informational meeting regarding its preliminary environmental
4impact statement.
AB46,30 5Section 30. 293.43 (3) (a) of the statutes is repealed.
AB46,31 6Section 31. 293.43 (3) (b) (intro.) of the statutes is repealed and recreated to
7read:
AB46,16,118 293.43 (3) (b) (intro.) The department shall hold the hearing under sub. (1m)
9after it issues the final environmental impact statement, if an environmental impact
10statement is required. The department shall provide notice of the hearing under sub.
11(1m) by doing all of the following:
AB46,32 12Section 32. 293.43 (3) (c) of the statutes is amended to read:
AB46,16,1713 293.43 (3) (c) Written comments may be submitted by any governmental
14agency within 80 days of the date of or any individual after the issuance of the
15environmental impact statement under par. (b). Individual persons may submit
16written comments within 120 days of the date of issuance of the statement.
The last
17day for receipt of comments shall be specified by the department in all notices.
AB46,33 18Section 33. 293.43 (4) of the statutes is amended to read:
AB46,16,2519 293.43 (4) Participation by local governments. Any county, town, village or
20city receiving notice of the filing of an application in the manner provided under sub.
21(3) (a) or (b) shall refer the application and reclamation plan to a committee
22established under s. 293.33 (1) or (2), if any, for review and comment. Such counties,
23towns, villages or cities may participate as a party in the hearing under sub. (1m) on
24the application and may make recommendations on the reclamation plan and future
25use of the project site.
AB46,34
1Section 34. 293.43 (5) of the statutes is repealed.
AB46,35 2Section 35. 293.44 of the statutes is created to read:
AB46,17,10 3293.44 Contested case hearing. (1) Requirement; scope. A contested case
4hearing shall be held on the application for a mining permit or a prospecting permit,
5other than a prospecting permit to which s. 293.42 applies, if a person files a notice
6of intent to participate under sub. (4) within 30 days after the department provides
7notice under sub. (3). The application for any other approval, license, or permit that
8was covered by the informational hearing under s. 293.43 (1m) and any
9environmental impact statement prepared under s. 1.11 shall be considered at the
10contested case hearing.
AB46,17,13 11(2) Location. The contested case hearing shall be held in the county where the
12prospecting site or mining site, or the largest portion of the prospecting site or mining
13site, is located.
AB46,17,15 14(3) Notice. (a) The department shall provide notice of the contested case
15hearing by doing all of the following:
AB46,17,2316 1. Mailing a copy of the notice to all known departments and agencies required
17to grant any permit necessary for the proposed operation; to any regional planning
18commission within which the affected area lies; to the governing bodies of all towns,
19villages, cities, and counties within which any part of the proposed prospecting site
20or mining site lies; to the governing bodies of any towns, villages, or cities contiguous
21to any town, village, or city within which any part of the proposed prospecting site
22or mining site lies; and to any interested persons who have requested such
23notification.
AB46,18,524 2. Publishing a class 2 notice, under ch. 985, utilizing a display advertising
25format, in the weekly newspaper published in the closest geographic proximity to the

1proposed prospecting site or mining site; in the newspaper having the largest
2circulation in a county within which all or a portion of the proposed site lies; and in
3those newspapers published in counties contiguous to the counties within which all
4or a portion of the proposed site lies that have a substantial circulation in the area
5of, or adjacent to, the proposed site.
AB46,18,116 3. Mailing a copy of the notice to the federal environmental protection agency,
7the U.S. army corps of engineers, and other states potentially affected by the
8proposed discharge if a water discharge permit under ch. 283 is to be considered at
9the hearing under this section and to the federal environmental protection agency
10and appropriate agencies in other states that may be affected if an air pollution
11control permit under ch. 285 is to be considered at the hearing under this section.
AB46,18,1612 (b) 1. The department shall provide the notice under this subsection after
13holding the informational hearing under s. 293.43 and no later than the 520th day
14after the day on which the department determines that the application for the
15mining permit or prospecting permit is complete, except as provided in subds. 2. to
164.
AB46,18,1817 2. The department may extend the deadline under subd. 1. upon notice to the
18applicant, for a total of not more than 180 days, if any of the following applies:
AB46,18,2119 a. The department needs additional time to ensure collaboration with any
20federal regulatory agency with responsibilities related to the mining or prospecting
21operation.
AB46,18,2422 b. The department needs additional time to evaluate information related to the
23mining or prospecting operation that becomes available after the applicant files the
24application for the mining permit or prospecting permit.
AB46,19,2
1c. The applicant makes changes to its proposal for the mining or prospecting
2operation.
AB46,19,53 3. The applicant may, by providing notice to the department, extend the
4deadline under subd. 1. as often as and for any length of time that the applicant
5determines to be necessary.
AB46,19,106 4. The department and an applicant may negotiate an agreement specifying a
7timeline for processing the application for a mining permit or prospecting permit and
8for other approvals, licenses, or permits issued by the department and that timeline
9may include a deadline for the department to provide notice of the contested case
10hearing that is different from the deadline under subd. 1.
AB46,19,15 11(4) Participation. Any person, including a county, city, village, or town that
12receives notice under sub. (3) (a) 1., who wishes to participate as a party shall file a
13written notice with the hearing examiner setting forth the person's interest within
1430 days after the department provides notice under sub. (3), unless good cause is
15shown.
AB46,19,20 16(6) Record. Views given under s. 293.43 on the proposed mining or prospecting
17operation and all written comments submitted from any source are not part of the
18record for the contested case under this section, but shall be placed in the file of the
19proceeding and shall be given appropriate probative value by the hearing examiner
20or decisionmaker.
AB46,19,22 21(7) Continuation. Hearings conducted under this section may be continued for
22just cause, subject to the deadline under sub. (8).
AB46,20,3 23(8) Deadlines. The hearing examiner shall conclude the hearing under this
24section and complete the record of the hearing no later than the 680th day after the
25day on which the department determines that the application for the mining permit

1or prospecting permit is complete, except that if the deadline under sub. (3) (b) 1. is
2extended under sub. (3) (b) 2. to 4., the deadline under this subsection is extended
3by the same number of days.
AB46,20,5 4(9) Applicability of other law. Chapter 227 applies to a hearing under this
5section to the extent it is not inconsistent with this section.
AB46,36 6Section 36. 293.45 (1) and (2) of the statutes are amended to read:
AB46,20,177 293.45 (1) The department shall issue a prospecting permit under this section
8to an applicant within 60 days following the date of the completion of the hearing
9record if, on the basis of the application, the department's investigation and hearing
10and any written comments,
if it finds that the site is not unsuitable for prospecting
11or, absent a certification under s. 293.35 (1), surface mining, the department has
12approved the prospecting plan and the reclamation plan complies with ss. 293.13 (2)
13and 293.35 (2) and (3) and rules promulgated under ss. 293.13 (2) and 293.35 (2) and
14(3). The department may modify any part of the application or reclamation plan and
15approve it as modified. Except as otherwise provided in this chapter, prospecting
16permits shall be valid for the life of the project, unless canceled under s. 293.83 (1)
17or (3) or 293.85 or revoked under s. 293.87 (2) or (3).
AB46,21,13 18(2) The department shall deny a prospecting permit within 60 days following
19the date of the completion of the hearing record
if it finds that the site is unsuitable
20for prospecting or, absent certification under s. 293.35 (1), surface mining, or the
21reclamation plan, including the bond, does not comply with ss. 293.13 (2) and 293.35
22(2) and (3) and rules promulgated under ss. 293.13 (2) and 293.35 (2) and (3) or that
23the applicant is in violation of this chapter or any rules adopted under this chapter.
24If the applicant has previously failed and continues to fail to comply with this
25chapter, or if the applicant has within the previous 20 years forfeited any bond posted

1in accordance with prospecting or mining activities in this state, unless by mutual
2agreement with the state, the department may not issue a prospecting permit. The
3department may not issue a prospecting permit if it finds that any officer, director
4or manager of the applicant has, while employed by the applicant, the applicant's
5parent corporation, any of the applicant's principal shareholders or members, or any
6of the applicant's subsidiaries or affiliates, in which the applicant owns more than
7a 40% interest, within the previous 20 years forfeited any bond posted in accordance
8with prospecting or mining activities in this state unless by mutual agreement with
9the state. In this subsection, "forfeited any bond" means the forfeiture of any
10performance security occasioned by noncompliance with any prospecting or mining
11laws or implementing rules. If an application for a prospecting permit is denied, the
12department, within 30 days from the date of application denial, shall furnish to the
13applicant in writing the reasons for the denial.
AB46,37 14Section 37. 293.45 (2m) of the statutes is created to read:
AB46,21,2215 293.45 (2m) The department shall approve or deny the application for a
16prospecting permit, other than a prospecting permit to which s. 293.42 applies, and
17for any other approval, license, or permit that was covered by the informational
18hearing under s. 293.43 (1m), after any contested case hearing under s. 293.44 and
19no later than the 730th day after the day on which the department determines that
20the application for the prospecting permit is complete, except that if the deadline
21under s. 293.44 (3) (b) 1. is extended under s. 293.44 (3) (b) 2. to 4., the deadline under
22this subsection is extended by the same number of days.
AB46,38 23Section 38. 293.49 (1) (a) (intro.) of the statutes is amended to read:
AB46,22,3
1293.49 (1) (a) (intro.) Except as provided in sub. (2) and s. 293.50 and except
2with respect to property specified in s. 41.41 (11), within 90 days of the completion
3of the public hearing record,
the department shall issue the mining permit if it finds:
AB46,39 4Section 39. 293.49 (1) (a) 3. of the statutes is amended to read:
AB46,22,125 293.49 (1) (a) 3. In the case of a surface mine, the site is not unsuitable for
6mining. The preliminary determination that a site was not unsuitable for mining
7under s. 293.45 may not be conclusive in the determination of the site's suitability
8for mining under this section. However, at the hearing held under this section and
9s. 293.43
s. 293.44, testimony and evidence submitted at the any prospecting permit
10proceeding relevant to the issue of suitability of the proposed mining site for surface
11mining may be adopted, subject to the opportunity for cross-examination and
12rebuttal, if not unduly repetitious.
AB46,40 13Section 40. 293.49 (2) (intro.) of the statutes is amended to read:
AB46,22,1514 293.49 (2) (intro.) Within 90 days of the completion of the public hearing record,
15the
The department shall deny the mining permit if it finds any of the following:
AB46,41 16Section 41. 293.49 (4g) of the statutes is created to read:
AB46,22,2317 293.49 (4g) The department shall approve or deny the application for a mining
18permit, and for any other approval, license, or permit that was covered by the
19informational hearing under s. 293.43 (1m), after any contested case hearing under
20s. 293.44 and no later than the 730th day after the day on which the department
21determines that the application for the mining permit is complete, except that if the
22deadline under s. 293.44 (3) (b) 1. is extended under s. 293.44 (3) (b) 2. to 4., the
23deadline under this subsection is extended by the same number of days.
AB46,42 24Section 42. 293.51 (2m) of the statutes is created to read:
AB46,23,10
1293.51 (2m) Upon notification that an application for a mining permit has been
2approved by the department but prior to commencing mining, the operator shall
3establish an irrevocable trust, in accordance with the proposed agreement under s.
4293.37 (2) (gm), in an amount equal to 20 percent of the amount of the bond or other
5security required under sub. (1) plus 20 percent of the amount of the proof of financial
6responsibility provided under s. 289.41 (3) for the mining waste site or, if the
7applicant provides proof of financial responsibility using the net worth method under
8s. 289.41 (4), of the amount of the proof of financial responsibility that would be
9required to be provided under s. 289.41 (3) for the mining waste site if the applicant
10did not use the net worth method.
AB46,43 11Section 43. 293.51 (3) of the statutes is amended to read:
AB46,23,1612 293.51 (3) Upon approval of the operator's bond, mining application and
13certificate of insurance and receipt of evidence of the establishment of the trust
14under sub. (2m)
, the department shall issue written authorization to commence
15mining at the permitted mining site in accordance with the approved mining and
16reclamation plans.
AB46,44 17Section 44. 293.64 of the statutes is created to read:
AB46,23,24 18293.64 Groundwater quality. (1) In the feasibility report under s. 289.24
19for a prospecting or mining waste facility, an applicant shall submit information
20based on predictive modeling to demonstrate whether there is a reasonable certainty
21that the facility will result in a violation of groundwater quality standards beyond
22the design management zone, determined under s. 160.21 (2) (d), within a period
23equal to the period in which the mining waste facility is proposed to operate plus 250
24years after the closure of the mining waste facility.
AB46,24,8
1(2) For the purposes of s. NR 182.075 (1s) and (1u), Wis. Adm. Code, the
2horizontal distance to the mandatory intervention boundary for a prospecting or
3mining waste site is 150 feet from the outer waste boundary or a longer distance, up
4to 600 feet, agreed to by the applicant and the department, notwithstanding s. NR
5182.075 (1) (c), Wis. Adm. Code, except that the horizontal distance to the mandatory
6intervention boundary may not exceed 50 percent of the horizontal distance from the
7outer waste boundary to the boundary of the design management zone, determined
8under s. 160.21 (2) (d), for the prospecting or mining waste site.
AB46,45 9Section 45. Nonstatutory provisions.
AB46,24,1510 (1) Report concerning groundwater standards. The department of natural
11resources shall study whether, in connection with metallic mining, groundwater
12standards under chapter NR 140, Wisconsin Administrative Code, should apply in
13an aquifer containing saline water and shall report its conclusions to the legislature,
14in the manner under section 13.172 (2) of the statutes, no later than the first day of
15the 12th month beginning after the effective date of this subsection.
AB46,24,1616 (2) Waste characterization rules.
AB46,24,2017 (a) The department of natural resources shall submit in proposed form the
18rules required under section 289.05 (2) of the statutes, as affected by this act, to the
19legislative council staff under section 227.15 (1) of the statutes no later than the first
20day of the 9th month beginning after the effective date of this paragraph.
AB46,25,221 (b) Notwithstanding section 227.135 (2) of the statutes, the department of
22natural resources is not required to present the statement of the scope of the rules
23required under section 289.05 (2) of the statutes, as affected by this act, to the
24governor for approval. Notwithstanding section 227.185 of the statutes, the
25department of natural resources is not required to present the rules required under

1section 289.05 (2) of the statutes, as affected by this act, in final draft form to the
2governor for approval.
AB46,25,103 (c) Notwithstanding section 227.137 (2) of the statutes, the department of
4natural resources is not required to prepare an economic impact report for the rules
5required under section 289.05 (2) of the statutes, as affected by this act.
6Notwithstanding sections 227.14 (2g) and 227.19 (3) (e) of the statutes, the
7department of natural resources is not required to submit the proposed rules
8required under section 289.05 (2) of the statutes, as affected by this act, to the small
9business regulatory review board and is not required to prepare a final regulatory
10flexibility analysis for those rules.
AB46,25,1111 (End)
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