AB614,75 6Section 75. Chapter 293 (title) of the statutes is amended to read:
AB614,20,77 CHAPTER 293
AB614,20,8 8NONFERROUS METALLIC MINING
AB614,76 9Section 76. 293.01 (5) of the statutes is amended to read:
AB614,20,1610 293.01 (5) “Mineral exploration" or “exploration", unless the context requires
11otherwise, means the on-site geologic examination from the surface of an area by
12core, rotary, percussion or other drilling, where the diameter of the hole does not
13exceed 18 inches, for the purpose of searching for nonferrous metallic minerals or
14establishing the nature of a known nonferrous metallic mineral deposit, and includes
15associated activities such as clearing and preparing sites or constructing roads for
16drilling.
AB614,77 17Section 77. 293.01 (7) of the statutes is amended to read:
AB614,21,218 293.01 (7) “Merchantable by-product" means all waste soil, rock, mineral,
19liquid, vegetation and other material directly resulting from or displaced by the
20mining, cleaning or preparation of nonferrous metallic minerals during mining
21operations which are determined by the department to be marketable upon a
22showing of marketability made by the operator, accompanied by a verified statement
23by the operator of his or her intent to sell such material within 3 years from the time
24it results from or is displaced by mining. If after 3 years from the time merchantable
25by-product results from or is displaced by mining such material has not been

1transported off the mining site, it shall be considered and regulated as refuse unless
2removal is continuing at a rate of more than 12,000 cubic yards per year.
AB614,78 3Section 78. 293.01 (8) of the statutes is created to read:
AB614,21,54 293.01 (8) “Minerals" mean unbeneficiated metallic ore but does not include
5mineral aggregates such as stone, sand, and gravel.
AB614,79 6Section 79. 293.01 (9) of the statutes is amended to read:
AB614,21,107 293.01 (9) “Mining" or “mining operation" means all or part of the process
8involved in the mining of nonferrous metallic minerals, other than for exploration or
9prospecting, including commercial extraction, agglomeration, beneficiation,
10construction of roads, removal of overburden and the production of refuse.
AB614,80 11Section 80. 293.01 (12) of the statutes is amended to read:
AB614,21,1712 293.01 (12) “Mining site" means the surface area disturbed by a mining
13operation, including the surface area from which the nonferrous metallic minerals
14or refuse or both have been removed, the surface area covered by refuse, all lands
15disturbed by the construction or improvement of haulageways, and any surface areas
16in which structures, equipment, materials and any other things used in the mining
17operation are situated.
AB614,81 18Section 81. 293.01 (12m) of the statutes is repealed.
AB614,82 19Section 82. 293.01 (18) of the statutes is amended to read:
AB614,22,720 293.01 (18) “Prospecting" means engaging in the examination of an area for the
21purpose of determining the quality and quantity of nonferrous metallic minerals,
22other than for exploration but including the obtaining of a nonferrous metallic
23mineral an ore sample, by such physical means as excavating, trenching,
24construction of shafts, ramps and tunnels and other means, other than for
25exploration, which the department, by rule, identifies, and the production of

1prospecting refuse and other associated activities. “Prospecting" shall not include
2such activities when the activities are, by themselves, intended for and capable of
3commercial exploitation of the underlying nonferrous ore body. However, the fact
4that prospecting activities and construction may have use ultimately in mining, if
5approved, shall not mean that prospecting activities and construction constitute
6mining within the meaning of sub. (9), provided such activities and construction are
7reasonably related to prospecting requirements.
AB614,83 8Section 83. 293.01 (25) of the statutes is amended to read:
AB614,22,149 293.01 (25) “Refuse" means all waste soil, rock, mineral, liquid, vegetation and
10other material, except merchantable by-products, directly resulting from or
11displaced by the prospecting or mining and from the cleaning or preparation of
12nonferrous metallic minerals during prospecting or mining operations, and shall
13include all waste materials deposited on or in the prospecting or mining site from
14other sources.
AB614,84 15Section 84. 293.21 (1) (a) of the statutes is amended to read:
AB614,22,1716 293.21 (1) (a) “Driller" means a person who performs core, rotary, percussion
17or other drilling involved in exploration for nonferrous metallic minerals.
AB614,85 18Section 85. 293.25 (2) (a) of the statutes is amended to read:
AB614,23,219 293.25 (2) (a) Applicability. Except as provided under par. (b), ss. 293.21 and
20293.81 and rules promulgated under those sections apply to radioactive waste site
21exploration, to activities related to radioactive waste site exploration and to persons
22engaging in or intending to engage in radioactive waste site exploration or related
23activities in the same manner as those sections and rules are applicable to
24nonferrous metallic mineral exploration, to activities related to nonferrous metallic

1mineral exploration and to persons engaging in or intending to engage in nonferrous
2metallic
mineral exploration or related activities.
AB614,86 3Section 86. 293.25 (4) of the statutes is amended to read:
AB614,23,124 293.25 (4) Regulation of exploration and related provisions. Sections
5293.13, 293.15 (1) to (12), 293.85, 293.87 and 293.89 and rules promulgated under
6those sections apply to radioactive waste site exploration, to activities related to
7radioactive waste site exploration and to persons engaging in or intending to engage
8in radioactive waste site exploration or related activities in the same manner as
9those sections and rules are applicable to nonferrous metallic mineral exploration,
10to activities related to nonferrous metallic mineral exploration and to persons
11engaging in or intending to engage in nonferrous metallic mineral exploration or
12related activities.
AB614,87 13Section 87. 293.37 (4) (b) of the statutes is amended to read:
AB614,23,2414 293.37 (4) (b) If the department finds that the anticipated life and total area
15of a nonferrous metallic mineral deposit are of sufficient magnitude that reclamation
16of the mining site consistent with this chapter requires a comprehensive plan for the
17entire affected area, it shall require an operator to submit with the application for
18a mining permit, amended mining site or change in mining or reclamation plan, a
19comprehensive long-term plan showing, in detail satisfactory to the department, the
20manner, location and time for reclamation of the entire area of contiguous land which
21will be affected by mining and which is owned, leased or under option for purchase
22or lease by the operator at the time of application. Where a nonferrous metallic
23mineral deposit lies on or under the lands of more than one operator, the department
24shall require the operators to submit mutually consistent comprehensive plans.
AB614,88 25Section 88. 293.47 (1) (b) of the statutes is amended to read:
AB614,24,5
1293.47 (1) (b) “Geologic information" means information concerning
2descriptions of a nonferrous an ore body, descriptions of reserves, tonnages and
3grades of nonferrous ore, descriptions of a drill core or bulk sample including
4analysis, descriptions of drill hole depths, distances and similar information related
5to the nonferrous ore body.
AB614,89 6Section 89. 293.50 (1) (b) of the statutes is amended to read:
AB614,24,87 293.50 (1) (b) “Sulfide ore body" means a mineral deposit in which nonferrous
8metals are mixed with sulfide minerals.
AB614,90 9Section 90. 293.50 (2) (a) of the statutes is amended to read:
AB614,24,1510 293.50 (2) (a) The department determines, based on information provided by
11an applicant for a permit under s. 293.49 and verified by the department, that a
12mining operation has operated in a sulfide ore body which, together with the host
13nonferrous rock, has a net acid generating potential in the United States or Canada
14for at least 10 years without the pollution of groundwater or surface water from acid
15drainage at the tailings site or at the mine site or from the release of heavy metals.
AB614,91 16Section 91. 293.50 (2) (b) of the statutes is amended to read:
AB614,24,2317 293.50 (2) (b) The department determines, based on information provided by
18an applicant for a permit under s. 293.49 and verified by the department, that a
19mining operation that operated in a sulfide ore body which, together with the host
20nonferrous rock, has a net acid generating potential in the United States or Canada
21has been closed for at least 10 years without the pollution of groundwater or surface
22water from acid drainage at the tailings site or at the mine site or from the release
23of heavy metals.
AB614,92 24Section 92. 293.51 (1) of the statutes is amended to read:
AB614,25,16
1293.51 (1) Upon notification that an application for a prospecting or mining
2permit has been approved by the department but prior to commencing prospecting
3or mining, the operator shall file with the department a bond conditioned on faithful
4performance of all of the requirements of this chapter and all rules adopted by the
5department under this chapter. The bond shall be furnished by a surety company
6licensed to do business in this state. In lieu of a bond, the operator may deposit cash,
7certificates of deposit or government securities with the department. Interest
8received on certificates of deposit and government securities shall be paid to the
9operator. The amount of the bond or other security required shall be equal to the
10estimated cost to the state of fulfilling the reclamation plan, in relation to that
11portion of the site that will be disturbed by the end of the following year. The
12estimated cost of reclamation of each prospecting or mining site shall be determined
13by the department on the basis of relevant factors including, but not limited to,
14expected changes in the price index, topography of the site, methods being employed,
15depth and composition of overburden and depth of nonferrous metallic mineral
16deposit being mined.
AB614,93 17Section 93. 293.65 (3) (a) of the statutes is amended to read:
AB614,25,2218 293.65 (3) (a) An approval under s. 281.34 is required to withdraw groundwater
19for prospecting or mining or to dewater mines if the capacity and rate of withdrawal
20of all wells involved in the withdrawal of groundwater or the dewatering of mines
21exceeds 100,000 gallons each day. A permit under s. 283.31 is required to discharge
22pollutants resulting from the dewatering of mines.
AB614,94 23Section 94. 293.65 (3) (b) of the statutes is amended to read:
AB614,26,524 293.65 (3) (b) The department may not issue an approval under s. 281.34 if the
25withdrawal of groundwater for prospecting or mining purposes or the dewatering of

1mines will result in the unreasonable detriment of public or private water supplies
2or the unreasonable detriment of public rights in the waters of the state. No
3withdrawal of groundwater for prospecting or mining purposes or the dewatering of
4mines may be made to the unreasonable detriment of public or private water supplies
5or the unreasonable detriment of public rights in the waters of the state.
AB614,95 6Section 95. 293.86 of the statutes is amended to read:
AB614,26,18 7293.86 Visitorial powers of department. Any duly authorized officer,
8employee or representative of the department may enter and inspect any property,
9premises or place on or at which any prospecting or metallic mining operation or
10facility is located or is being constructed or installed at any reasonable time for the
11purpose of ascertaining the state of compliance with this chapter and chs. 281, 285,
12289 to 292, 295, and 299, subchs. I and II of ch. 295, and rules adopted pursuant
13thereto. No person may refuse entry or access to any such authorized representative
14of the department who requests entry for purposes of inspection, and who presents
15appropriate credentials, nor may any person obstruct, hamper or interfere with any
16such inspection. The department shall furnish to the prospector or operator, as
17indicated in the prospecting or mining permit, a written report setting forth all
18observations, relevant information and data which relate to compliance status.
AB614,96 19Section 96. Chapter 295 (title) of the statutes is amended to read:
AB614,26,2020 CHAPTER 295
AB614,26,2221 NONMETALLIC MINING RECLAMATION; OIL AND GAS; FERROUS
22METALLIC MINING
AB614,97 23Section 97. 295.16 (4) (f) of the statutes is amended to read:
AB614,26,2524 295.16 (4) (f) Any mining operation, the reclamation of which is required in a
25permit obtained under ch. 293 or subch. III of ch. 295.
AB614,98
1Section 98. Subchapter III of chapter 295 [precedes 295.40] of the statutes is
2repealed.
AB614,99 3Section 99. 299.85 (7) (a) 2. and 4. of the statutes are amended to read:
AB614,27,174 299.85 (7) (a) 2. Notwithstanding minimum or maximum forfeitures specified
5in ss. 29.314 (7), 29.334 (2), 29.604 (5) (a), 29.611 (11), 29.889 (10) (c) 2., 29.969,
629.971 (1) (a), (1m) (a), (3), (3m), (11g) (b), (11m) (b), and (11r) (b), 30.298 (1), (2), and
7(3), 30.49 (1) (a) and (c), 31.23 (2), 281.75 (19), 281.98 (1), 281.99 (2) (a) 1., 283.91 (2),
8285.41 (7), 285.57 (5), 285.59 (8), 285.87 (1), 287.95 (1), (2) (b), and (3) (b), 287.97,
9289.96 (2) and (3) (a), 291.97 (1), 292.99 (1) and (1m), 293.81, 293.87 (3) and (4) (a),
10295.19 (3) (a) and (b) 1., 295.37 (2), 295.79 (2) and (4), 299.15 (4), 299.51 (5), 299.53
11(4) (c) 1., 299.62 (3) (a) and (c), and 299.97 (1), if a regulated entity that qualifies
12under sub. (2) for participation in the Environmental Compliance Audit Program
13corrects violations that it discloses in a report that meets the requirements of sub.
14(3) within 90 days after the department receives the report that meets the
15requirements of sub. (3), the regulated entity may not be required to forfeit more than
16$500 for each violation, regardless of the number of days during which the violation
17continues.
AB614,28,318 4. Notwithstanding minimum or maximum forfeitures specified in ss. 29.314
19(7), 29.334 (2), 29.604 (5) (a), 29.611 (11), 29.889 (10) (c) 2., 29.969, 29.971 (1) (a), (1m)
20(a), (3), (3m), (11g) (b), (11m) (b), and (11r) (b), 30.298 (1), (2), and (3), 30.49 (1) (a) and
21(c), 31.23 (2), 281.75 (19), 281.98 (1), 281.99 (2) (a) 1., 283.91 (2), 285.41 (7), 285.57
22(5), 285.59 (8), 285.87 (1), 287.95 (1), (2) (b), and (3) (b), 287.97, 289.96 (2) and (3) (a),
23291.97 (1), 292.99 (1) and (1m), 293.81, 293.87 (3) and (4) (a), 295.19 (3) (a) and (b)
241., 295.37 (2), 295.79 (2) and (4), 299.15 (4), 299.51 (5), 299.53 (4) (c) 1., 299.62 (3) (a)
25and (c), and 299.97 (1), if the department approves a compliance schedule under sub.

1(6) and the regulated entity corrects the violations according to the compliance
2schedule, the regulated entity may not be required to forfeit more than $500 for each
3violation, regardless of the number of days during which the violation continues.
AB614,100 4Section 100. 299.95 of the statutes is amended to read:
AB614,28,21 5299.95 Enforcement; duty of department of justice; expenses. The
6attorney general shall enforce chs. 281 to 285 and 289 to 295 and this chapter, except
7ss. 285.57, 285.59, and 299.64, and all rules, special orders, licenses, plan approvals,
8permits, and water quality certifications of the department, except those
9promulgated or issued under ss. 285.57, 285.59, and 299.64 and except as provided
10in ss. 281.36 (14) (f), 285.86 and 299.85 (7) (am). Except as provided in s. 295.79 (1),
11the
The circuit court for Dane county or for any other county where a violation
12occurred in whole or in part has jurisdiction to enforce chs. 281 to 285 and 289 to 295
13or this chapter or the rule, special order, license, plan approval, permit, or
14certification by injunctional and other relief appropriate for enforcement. For
15purposes of this proceeding where chs. 281 to 285 and 289 to 295 or this chapter or
16the rule, special order, license, plan approval, permit or certification prohibits in
17whole or in part any pollution, a violation is considered a public nuisance. The
18department of natural resources may enter into agreements with the department of
19justice to assist with the administration of chs. 281 to 285 and 289 to 295 and this
20chapter. Any funds paid to the department of justice under these agreements shall
21be credited to the appropriation account under s. 20.455 (1) (k).
AB614,101 22Section 101. 323.60 (1) (gm) of the statutes is repealed.
AB614,102 23Section 102. 323.60 (5) (d) 3. of the statutes is amended to read:
AB614,29,824 323.60 (5) (d) 3. All facilities with 10 or more employees in major group
25classifications 10 to 13 in the standard industrial classification manual, 1987

1edition, published by the U.S. office of management and budget, at which a toxic
2chemical is used at or above an applicable threshold quantity, except that compliance
3with the toxic chemical release form requirements under this subdivision is not
4required for the placement of a toxic chemical in a storage or disposal site or facility
5that is located at a facility with a permit under ch. 293 or a mining permit under
6subch. III of ch. 295
if the toxic chemical consists of or is contained in merchantable
7by-products, as defined in s. 293.01 (7) or 295.41 (25), minerals, as defined in s.
8293.01 (8),
or refuse, as defined in s. 293.01 (25) or 295.41 (41).
AB614,103 9Section 103. 706.01 (9) of the statutes is amended to read:
AB614,29,1110 706.01 (9) “Mining company" means any person or agent of a person who has
11a prospecting permit under s. 293.45 or a mining permit under s. 293.49 or 295.58.
AB614,104 12Section 104. 710.02 (2) (d) of the statutes is amended to read:
AB614,29,1413 710.02 (2) (d) An exploration mining lease as defined in s. 107.001 (1) and land
14used for mining and associated activities under chs. 293 and 295.
AB614,105 15Section 105. 2013 Wisconsin Act 1, section 103 is repealed.
AB614,106 16Section 106. Nonstatutory provisions.
AB614,29,1917 (1) If the department of natural resources has promulgated rules under 2013
18Wisconsin Act 1
, section 103, on or before the effective date of this subsection, the
19department of natural resources shall promulgate rules that do all of the following:
AB614,29,2120 (a) Revise the rules promulgated under 2013 Wisconsin Act 1, section 103 (1)
21(a)
so that those rules apply to ferrous metallic mining.
AB614,29,2422 (b) Revise the rules promulgated under 2013 Wisconsin Act 1, section 103 (1)
23(b)
so that those rules are consistent with the repeal by this act of subchapter III of
24chapter 295 of the statutes.
AB614,30,3
1(c) Revise the rules promulgated under 2013 Wisconsin Act 1, section 103 (1)
2(c)
so that the exemptions specified in those rules do not apply to ferrous mining and
3associated activities.
AB614,30,104 (2) The department of natural resources shall present the statement of scope
5of the rules required under subsection (1 ) to the governor for approval under section
6227.135 (2) of the statutes no later than the 30th day after the effective date of this
7subsection. The department of natural resources shall submit in proposed form the
8rules required under subsection (1 ) to the legislative council staff under section
9227.15 (1) of the statutes no later than the first day of the 5th month beginning after
10the governor approves the statement of scope of the rules.
AB614,30,1111 (End)
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