AB436,69 11Section 69. 196.491 (4) (b) 2. of the statutes is amended to read:
AB436,19,1912 196.491 (4) (b) 2. The person shows to the satisfaction of the commission that
13the person reasonably anticipates, at the time that construction of the equipment or
14facilities commences, that on each day that the equipment and facilities are in
15operation the person will consume no less than 70% of the aggregate kilowatt hours
16output from the equipment and facilities in manufacturing processes at the site
17where the equipment and facilities are located or in ferrous mineral mining and
18processing activities governed by subch. III of ch. 295 at the site where the equipment
19and facilities are located
.
AB436,70 20Section 70. 227.483 (3) (c) of the statutes is repealed.
AB436,71 21Section 71. 281.36 (3g) (h) 2. of the statutes is amended to read:
AB436,20,322 281.36 (3g) (h) 2. If, within 30 days after an application under subd. 1. is
23received by the department, the department does not either request additional
24information or inform the applicant that a wetland individual permit will be required
25as provided in par. (i), the discharge shall be considered to be authorized under the

1wetland general permit and the applicant may proceed without further notice,
2hearing, permit, or approval if the discharge is carried out in compliance with all of
3the conditions of the general permit, except as provided in s. 295.60 (3) (b).
AB436,72 4Section 72. 281.65 (2) (a) of the statutes is amended to read:
AB436,20,175 281.65 (2) (a) "Best management practices" means practices, techniques or
6measures, except for dredging, identified in areawide water quality management
7plans, which are determined to be effective means of preventing or reducing
8pollutants generated from nonpoint sources, or from the sediments of inland lakes
9polluted by nonpoint sources, to a level compatible with water quality objectives
10established under this section and which do not have an adverse impact on fish and
11wildlife habitat. The practices, techniques or measures include land acquisition,
12storm sewer rerouting and the removal of structures necessary to install structural
13urban best management practices, facilities for the handling and treatment of
14milkhouse wastewater, repair of fences built using grants under this section and
15measures to prevent or reduce pollutants generated from mine tailings disposal sites
16for which the department has not approved a plan of operation under s. 289.30 or s.
17295.51
.
AB436,73 18Section 73. 281.75 (17) (b) of the statutes is amended to read:
AB436,20,2019 281.75 (17) (b) This section does not apply to contamination which is
20compensable under subch. II of ch. 107 or s. 293.65 (4) or 295.61 (8).
AB436,74 21Section 74. 283.84 (3m) of the statutes is amended to read:
AB436,20,2522 283.84 (3m) A person engaged in mining, as defined in s. 293.01 (9) or 295.41
23(26)
, prospecting, as defined in s. 293.01 (18), bulk sampling, as defined in s. 295.41
24(7),
or nonmetallic mining, as defined in s. 295.11 (3), may not enter into an
25agreement under sub. (1).
AB436,75
1Section 75. 287.13 (5) (e) of the statutes is amended to read:
AB436,21,72 287.13 (5) (e) Solid waste produced by a commercial business or industry which
3is disposed of or held for disposal in an approved facility, as defined under s. 289.01
4(3), or a mining waste site, as defined in s. 295.41 (31), covered by a mining permit
5under s. 295.58,
owned or leased by the generator or on which the generator holds
6an easement
and designed and constructed for the purpose of accepting that type of
7solid waste.
AB436,76 8Section 76. 289.62 (2) (g) 2. of the statutes is amended to read:
AB436,21,109 289.62 (2) (g) 2. For nonhazardous tailing solids or for nonacid producing
10taconite tailing solids
, 0.2 cent per ton.
AB436,77 11Section 77. 289.62 (2) (g) 6. of the statutes is amended to read:
AB436,21,1312 289.62 (2) (g) 6. For nonhazardous waste rock or for nonacid producing taconite
13waste rock
, 0.1 cent per ton.
AB436,78 14Section 78. 292.01 (1m) of the statutes is amended to read:
AB436,21,1615 292.01 (1m) "Approved mining facility" has the meaning given in s. 289.01 (4)
16and includes a mining waste site, as defined in s. 295.41 (31).
AB436,79 17Section 79. Chapter 293 (title) of the statutes is amended to read:
AB436,21,1818 CHAPTER 293
AB436,21,19 19NONFERROUS METALLIC MINING
AB436,80 20Section 80. 293.01 (5) of the statutes is amended to read:
AB436,22,221 293.01 (5) "Mineral exploration" or "exploration", unless the context requires
22otherwise, means the on-site geologic examination from the surface of an area by
23core, rotary, percussion or other drilling, where the diameter of the hole does not
24exceed 18 inches, for the purpose of searching for nonferrous metallic minerals or
25establishing the nature of a known nonferrous metallic mineral deposit, and includes

1associated activities such as clearing and preparing sites or constructing roads for
2drilling.
AB436,81 3Section 81. 293.01 (7) of the statutes is amended to read:
AB436,22,134 293.01 (7) "Merchantable by-product" means all waste soil, rock, mineral,
5liquid, vegetation and other material directly resulting from or displaced by the
6mining, cleaning or preparation of nonferrous metallic minerals during mining
7operations which are determined by the department to be marketable upon a
8showing of marketability made by the operator, accompanied by a verified statement
9by the operator of his or her intent to sell such material within 3 years from the time
10it results from or is displaced by mining. If after 3 years from the time merchantable
11by-product results from or is displaced by mining such material has not been
12transported off the mining site, it shall be considered and regulated as refuse unless
13removal is continuing at a rate of more than 12,000 cubic yards per year.
AB436,82 14Section 82. 293.01 (8) of the statutes is created to read:
AB436,22,1615 293.01 (8) "Minerals" mean unbeneficiated metallic ore but does not include
16mineral aggregates such as stone, sand, and gravel.
AB436,83 17Section 83. 293.01 (9) of the statutes is amended to read:
AB436,22,2118 293.01 (9) "Mining" or "mining operation" means all or part of the process
19involved in the mining of nonferrous metallic minerals, other than for exploration or
20prospecting, including commercial extraction, agglomeration, beneficiation,
21construction of roads, removal of overburden and the production of refuse.
AB436,84 22Section 84. 293.01 (12) of the statutes is amended to read:
AB436,23,323 293.01 (12) "Mining site" means the surface area disturbed by a mining
24operation, including the surface area from which the nonferrous metallic minerals
25or refuse or both have been removed, the surface area covered by refuse, all lands

1disturbed by the construction or improvement of haulageways, and any surface areas
2in which structures, equipment, materials and any other things used in the mining
3operation are situated.
AB436,85 4Section 85. 293.01 (12m) of the statutes is repealed.
AB436,86 5Section 86. 293.01 (18) of the statutes is amended to read:
AB436,23,186 293.01 (18) "Prospecting" means engaging in the examination of an area for the
7purpose of determining the quality and quantity of nonferrous metallic minerals,
8other than for exploration but including the obtaining of a nonferrous metallic
9mineral an ore sample, by such physical means as excavating, trenching,
10construction of shafts, ramps and tunnels and other means, other than for
11exploration, which the department, by rule, identifies, and the production of
12prospecting refuse and other associated activities. "Prospecting" shall not include
13such activities when the activities are, by themselves, intended for and capable of
14commercial exploitation of the underlying nonferrous ore body. However, the fact
15that prospecting activities and construction may have use ultimately in mining, if
16approved, shall not mean that prospecting activities and construction constitute
17mining within the meaning of sub. (9), provided such activities and construction are
18reasonably related to prospecting requirements.
AB436,87 19Section 87. 293.01 (25) of the statutes is amended to read:
AB436,23,2520 293.01 (25) "Refuse" means all waste soil, rock, mineral, liquid, vegetation and
21other material, except merchantable by-products, directly resulting from or
22displaced by the prospecting or mining and from the cleaning or preparation of
23nonferrous metallic minerals during prospecting or mining operations, and shall
24include all waste materials deposited on or in the prospecting or mining site from
25other sources.
AB436,88
1Section 88. 293.21 (1) (a) of the statutes is amended to read:
AB436,24,32 293.21 (1) (a) "Driller" means a person who performs core, rotary, percussion
3or other drilling involved in exploration for nonferrous metallic minerals.
AB436,89 4Section 89. 293.25 (2) (a) of the statutes is amended to read:
AB436,24,125 293.25 (2) (a) Applicability. Except as provided under par. (b), ss. 293.21 and
6293.81 and rules promulgated under those sections apply to radioactive waste site
7exploration, to activities related to radioactive waste site exploration and to persons
8engaging in or intending to engage in radioactive waste site exploration or related
9activities in the same manner as those sections and rules are applicable to
10nonferrous metallic mineral exploration, to activities related to nonferrous metallic
11mineral exploration and to persons engaging in or intending to engage in nonferrous
12metallic
mineral exploration or related activities.
AB436,90 13Section 90. 293.25 (4) of the statutes is amended to read:
AB436,24,2214 293.25 (4) Regulation of exploration and related provisions. Sections
15293.13, 293.15 (1) to (12), 293.85, 293.87 and 293.89 and rules promulgated under
16those sections apply to radioactive waste site exploration, to activities related to
17radioactive waste site exploration and to persons engaging in or intending to engage
18in radioactive waste site exploration or related activities in the same manner as
19those sections and rules are applicable to nonferrous metallic mineral exploration,
20to activities related to nonferrous metallic mineral exploration and to persons
21engaging in or intending to engage in nonferrous metallic mineral exploration or
22related activities.
AB436,91 23Section 91. 293.37 (4) (b) of the statutes is amended to read:
AB436,25,924 293.37 (4) (b) If the department finds that the anticipated life and total area
25of a nonferrous metallic mineral deposit are of sufficient magnitude that reclamation

1of the mining site consistent with this chapter requires a comprehensive plan for the
2entire affected area, it shall require an operator to submit with the application for
3a mining permit, amended mining site or change in mining or reclamation plan, a
4comprehensive long-term plan showing, in detail satisfactory to the department, the
5manner, location and time for reclamation of the entire area of contiguous land which
6will be affected by mining and which is owned, leased or under option for purchase
7or lease by the operator at the time of application. Where a nonferrous metallic
8mineral deposit lies on or under the lands of more than one operator, the department
9shall require the operators to submit mutually consistent comprehensive plans.
AB436,92 10Section 92. 293.47 (1) (b) of the statutes is amended to read:
AB436,25,1511 293.47 (1) (b) "Geologic information" means information concerning
12descriptions of a nonferrous an ore body, descriptions of reserves, tonnages and
13grades of nonferrous ore, descriptions of a drill core or bulk sample including
14analysis, descriptions of drill hole depths, distances and similar information related
15to the nonferrous ore body.
AB436,93 16Section 93. 293.50 (1) (b) of the statutes is amended to read:
AB436,25,1817 293.50 (1) (b) "Sulfide ore body" means a mineral deposit in which nonferrous
18metals are mixed with sulfide minerals.
AB436,94 19Section 94. 293.50 (2) (a) of the statutes is amended to read:
AB436,25,2520 293.50 (2) (a) The department determines, based on information provided by
21an applicant for a permit under s. 293.49 and verified by the department, that a
22mining operation has operated in a sulfide ore body which, together with the host
23nonferrous rock, has a net acid generating potential in the United States or Canada
24for at least 10 years without the pollution of groundwater or surface water from acid
25drainage at the tailings site or at the mine site or from the release of heavy metals.
AB436,95
1Section 95. 293.50 (2) (b) of the statutes is amended to read:
AB436,26,82 293.50 (2) (b) The department determines, based on information provided by
3an applicant for a permit under s. 293.49 and verified by the department, that a
4mining operation that operated in a sulfide ore body which, together with the host
5nonferrous rock, has a net acid generating potential in the United States or Canada
6has been closed for at least 10 years without the pollution of groundwater or surface
7water from acid drainage at the tailings site or at the mine site or from the release
8of heavy metals.
AB436,96 9Section 96. 293.51 (1) of the statutes is amended to read:
AB436,26,2510 293.51 (1) Upon notification that an application for a prospecting or mining
11permit has been approved by the department but prior to commencing prospecting
12or mining, the operator shall file with the department a bond conditioned on faithful
13performance of all of the requirements of this chapter and all rules adopted by the
14department under this chapter. The bond shall be furnished by a surety company
15licensed to do business in this state. In lieu of a bond, the operator may deposit cash,
16certificates of deposit or government securities with the department. Interest
17received on certificates of deposit and government securities shall be paid to the
18operator. The amount of the bond or other security required shall be equal to the
19estimated cost to the state of fulfilling the reclamation plan, in relation to that
20portion of the site that will be disturbed by the end of the following year. The
21estimated cost of reclamation of each prospecting or mining site shall be determined
22by the department on the basis of relevant factors including, but not limited to,
23expected changes in the price index, topography of the site, methods being employed,
24depth and composition of overburden and depth of nonferrous metallic mineral
25deposit being mined.
AB436,97
1Section 97. 293.65 (3) (a) of the statutes is amended to read:
AB436,27,62 293.65 (3) (a) An approval under s. 281.34 is required to withdraw groundwater
3for prospecting or mining or to dewater mines if the capacity and rate of withdrawal
4of all wells involved in the withdrawal of groundwater or the dewatering of mines
5exceeds 100,000 gallons each day. A permit under s. 283.31 is required to discharge
6pollutants resulting from the dewatering of mines.
AB436,98 7Section 98. 293.65 (3) (b) of the statutes is amended to read:
AB436,27,148 293.65 (3) (b) The department may not issue an approval under s. 281.34 if the
9withdrawal of groundwater for prospecting or mining purposes or the dewatering of
10mines will result in the unreasonable detriment of public or private water supplies
11or the unreasonable detriment of public rights in the waters of the state. No
12withdrawal of groundwater for prospecting or mining purposes or the dewatering of
13mines may be made to the unreasonable detriment of public or private water supplies
14or the unreasonable detriment of public rights in the waters of the state.
AB436,99 15Section 99. 293.86 of the statutes is amended to read:
AB436,28,2 16293.86 Visitorial powers of department. Any duly authorized officer,
17employee or representative of the department may enter and inspect any property,
18premises or place on or at which any prospecting or metallic mining operation or
19facility is located or is being constructed or installed at any reasonable time for the
20purpose of ascertaining the state of compliance with this chapter and chs. 281, 285,
21289 to 292, 295, and 299, subchs. I and II of ch. 295, and rules adopted pursuant
22thereto. No person may refuse entry or access to any such authorized representative
23of the department who requests entry for purposes of inspection, and who presents
24appropriate credentials, nor may any person obstruct, hamper or interfere with any
25such inspection. The department shall furnish to the prospector or operator, as

1indicated in the prospecting or mining permit, a written report setting forth all
2observations, relevant information and data which relate to compliance status.
AB436,100 3Section 100. Chapter 295 (title) of the statutes is amended to read:
AB436,28,44 CHAPTER 295
AB436,28,65 NONMETALLIC MINING RECLAMATION; OIL AND GAS; FERROUS
6METALLIC MINING
AB436,101 7Section 101. 295.16 (4) (f) of the statutes is amended to read:
AB436,28,98 295.16 (4) (f) Any mining operation, the reclamation of which is required in a
9permit obtained under ch. 293 or subch. III of ch. 295.
AB436,102 10Section 102. Subchapter III of chapter 295 [precedes 295.40] of the statutes
11is repealed.
AB436,103 12Section 103. 299.85 (7) (a) 2. and 4. of the statutes are amended to read:
AB436,29,213 299.85 (7) (a) 2. Notwithstanding minimum or maximum forfeitures specified
14in ss. 29.314 (7), 29.334 (2), 29.604 (5) (a), 29.611 (11), 29.889 (10) (c) 2., 29.969,
1529.971 (1) (a), (1m) (a), (3), (3m), (11g) (b), (11m) (b), and (11r) (b), 30.298 (1), (2), and
16(3), 30.49 (1) (a) and (c), 31.23 (2), 281.75 (19), 281.98 (1), 281.99 (2) (a) 1., 283.91 (2),
17285.41 (7), 285.57 (5), 285.59 (8), 285.87 (1), 287.95 (1), (2) (b), and (3) (b), 287.97,
18289.96 (2) and (3) (a), 291.97 (1), 292.99 (1) and (1m), 293.81, 293.87 (3) and (4) (a),
19295.19 (3) (a) and (b) 1., 295.37 (2), 295.79 (2) and (4), 299.15 (4), 299.51 (5), 299.53
20(4) (c) 1., 299.62 (3) (a) and (c), and 299.97 (1), if a regulated entity that qualifies
21under sub. (2) for participation in the Environmental Compliance Audit Program
22corrects violations that it discloses in a report that meets the requirements of sub.
23(3) within 90 days after the department receives the report that meets the
24requirements of sub. (3), the regulated entity may not be required to forfeit more than

1$500 for each violation, regardless of the number of days during which the violation
2continues.
AB436,29,133 4. Notwithstanding minimum or maximum forfeitures specified in ss. 29.314
4(7), 29.334 (2), 29.604 (5) (a), 29.611 (11), 29.889 (10) (c) 2., 29.969, 29.971 (1) (a), (1m)
5(a), (3), (3m), (11g) (b), (11m) (b), and (11r) (b), 30.298 (1), (2), and (3), 30.49 (1) (a) and
6(c), 31.23 (2), 281.75 (19), 281.98 (1), 281.99 (2) (a) 1., 283.91 (2), 285.41 (7), 285.57
7(5), 285.59 (8), 285.87 (1), 287.95 (1), (2) (b), and (3) (b), 287.97, 289.96 (2) and (3) (a),
8291.97 (1), 292.99 (1) and (1m), 293.81, 293.87 (3) and (4) (a), 295.19 (3) (a) and (b)
91., 295.37 (2), 295.79 (2) and (4), 299.15 (4), 299.51 (5), 299.53 (4) (c) 1., 299.62 (3) (a)
10and (c), and 299.97 (1), if the department approves a compliance schedule under sub.
11(6) and the regulated entity corrects the violations according to the compliance
12schedule, the regulated entity may not be required to forfeit more than $500 for each
13violation, regardless of the number of days during which the violation continues.
AB436,104 14Section 104. 299.95 of the statutes is amended to read:
AB436,30,6 15299.95 Enforcement; duty of department of justice; expenses. The
16attorney general shall enforce chs. 281 to 285 and 289 to 295 and this chapter, except
17ss. 285.57, 285.59, and 299.64, and all rules, special orders, licenses, plan approvals,
18permits, and water quality certifications of the department, except those
19promulgated or issued under ss. 285.57, 285.59, and 299.64 and except as provided
20in ss. 281.36 (14) (f), 285.86 and 299.85 (7) (am). Except as provided in s. 295.79 (1),
21the
The circuit court for Dane county or for any other county where a violation
22occurred in whole or in part has jurisdiction to enforce chs. 281 to 285 and 289 to 295
23or this chapter or the rule, special order, license, plan approval, permit, or
24certification by injunctional and other relief appropriate for enforcement. For
25purposes of this proceeding where chs. 281 to 285 and 289 to 295 or this chapter or

1the rule, special order, license, plan approval, permit or certification prohibits in
2whole or in part any pollution, a violation is considered a public nuisance. The
3department of natural resources may enter into agreements with the department of
4justice to assist with the administration of chs. 281 to 285 and 289 to 295 and this
5chapter. Any funds paid to the department of justice under these agreements shall
6be credited to the appropriation account under s. 20.455 (1) (k).
AB436,105 7Section 105. 323.60 (1) (gm) of the statutes is repealed.
AB436,106 8Section 106. 323.60 (5) (d) 3. of the statutes is amended to read:
AB436,30,189 323.60 (5) (d) 3. All facilities with 10 or more employees in major group
10classifications 10 to 13 in the standard industrial classification manual, 1987
11edition, published by the U.S. office of management and budget, at which a toxic
12chemical is used at or above an applicable threshold quantity, except that compliance
13with the toxic chemical release form requirements under this subdivision is not
14required for the placement of a toxic chemical in a storage or disposal site or facility
15that is located at a facility with a permit under ch. 293 or a mining permit under
16subch. III of ch. 295
if the toxic chemical consists of or is contained in merchantable
17by-products, as defined in s. 293.01 (7) or 295.41 (25), minerals, as defined in s.
18293.01 (8),
or refuse, as defined in s. 293.01 (25) or 295.41 (41).
AB436,107 19Section 107. 706.01 (9) of the statutes is amended to read:
AB436,30,2120 706.01 (9) "Mining company" means any person or agent of a person who has
21a prospecting permit under s. 293.45 or a mining permit under s. 293.49 or 295.58.
AB436,108 22Section 108. 710.02 (2) (d) of the statutes is amended to read:
AB436,30,2423 710.02 (2) (d) An exploration mining lease as defined in s. 107.001 (1) and land
24used for mining and associated activities under chs. 293 and 295.
AB436,109 25Section 109. 2013 Wisconsin Act 1, section 103 is repealed.
AB436,110
1Section 110. Nonstatutory provisions.
AB436,31,42 (1) If the department of natural resources has promulgated rules under 2013
3Wisconsin Act 1
, section 103, on or before the effective date of this subsection, the
4department of natural resources shall promulgate rules that do all of the following:
AB436,31,65 (a) Revise the rules promulgated under 2013 Wisconsin Act 1, section 103 (1)
6(a)
so that those rules apply to ferrous metallic mining.
AB436,31,97 (b) Revise the rules promulgated under 2013 Wisconsin Act 1, section 103 (1)
8(b)
so that those rules are consistent with the repeal by this act of subchapter III of
9chapter 295 of the statutes.
AB436,31,1210 (c) Revise the rules promulgated under 2013 Wisconsin Act 1, section 103 (1)
11(c)
so that the exemptions specified in those rules do not apply to ferrous mining and
12associated activities.
AB436,31,1913 (2) The department of natural resources shall present the statement of scope
14of the rules required under subsection (1 ) to the governor for approval under section
15227.135 (2) of the statutes no later than the 30th day after the effective date of this
16paragraph. The department of natural resources shall submit in proposed form the
17rules required under subsection (1 ) to the legislative council staff under section
18227.15 (1) of the statutes no later than the first day of the 5th month beginning after
19the governor approves the statement of scope of the rules.
AB436,31,2020 (End)
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