SB1-SSA2,73,11 (c) Grading and stabilization of the excavation, sides, benches, and final slope will conform with state and federal environmental and safety requirements and will prevent erosion and environmental pollution to the extent practicable.

SB1-SSA2,73,14 (d) Grading and stabilization of the mining waste site and sites for the disposal of wastes that are not mining wastes will conform with state and federal environmental and safety requirements.

SB1-SSA2,73,15 (e) Merchantable by-products will be stabilized.

SB1-SSA2,73,19 (f) Diversion and drainage of water from the mining site, including the mining waste site and sites for the disposal of wastes that are not mining wastes, will be adequate to prevent erosion and contamination of surface water and groundwater to the extent practicable.

SB1-SSA2,73,22 (g) Backfilling with tailings, waste rock, overburden, or borrow materials will be conducted where the backfilling will not interfere with the mining and will not cause an applicable groundwater quality standard to be exceeded.

SB1-SSA2,73,25 (h) All underground and surface runoff waters from the mining site will be managed, impounded, or treated in compliance with any approval that regulates construction site erosion control or storm water management or discharge.

SB1-SSA2,74,2 (i) All surface structures constructed as part of the mining activities will be removed unless an alternate use is approved in the reclamation plan.

SB1-SSA2,74,4 (j) Adequate measures will be taken to prevent significant subsidence, but if subsidence does occur, the affected area will be reclaimed.

SB1-SSA2,74,7 (k) All recoverable topsoil from surface areas disturbed by the mining will be removed and stored in an environmentally acceptable manner for use in reclamation or in offsetting or minimizing adverse environmental impacts.

SB1-SSA2,74,11 (L) All disturbed surface areas will be revegetated as soon as practicable after the disturbance to stabilize slopes and minimize air pollution and water pollution, with the objective of reestablishing a variety of plants and animals indigenous to the area immediately prior to mining to the extent practicable.

SB1-SSA2,74,15 (m) Plant species not indigenous to the area will be used for revegetation only if necessary to provide rapid stabilization of slopes and prevention of erosion and only with the approval of the department, but the objective under par. (L) will be maintained.

SB1-SSA2,74,20 (3) If it is physically or economically impracticable or environmentally or socially undesirable for the reclamation process to return the area affected by mining to its original state, the applicant shall provide, in the reclamation plan, the reasons it would be impracticable or undesirable and a discussion of alternative conditions and uses to which the affected area can be put.

SB1-SSA2,74,22 295.51 Mining waste site location criteria; feasibility study, and plan of operation. (1) Definitions. In this section:

SB1-SSA2,74,24 (a) "Groundwater flow net" means a drawing showing equipotential contour lines and the direction that groundwater will flow.

SB1-SSA2,75,3 (c) "Regional" means relating to the area that may affect or be affected by a proposed mining waste site, which ordinarily will not exceed the area within a radius of 5 miles of the mining waste site.

SB1-SSA2,75,5 (e) "Water budget" means an assessment of water inputs, outputs, and net changes to a natural system or engineered facility over a fixed period.

SB1-SSA2,75,7 (f) "Well nest" means 2 or more wells constructed to different depths and installed within 10 feet of each other at the ground surface.

SB1-SSA2,75,10 (1e) Hazardous mining waste. (a) Prior to the informational hearing under s. 295.57 (5) the department shall designate any mining wastes identified by the department as hazardous under s. 291.05 (1).

SB1-SSA2,75,15 (b) The disposal of any mining wastes that are identified by the department as hazardous under s. 291.05 (1) in a mining waste site is subject to this subchapter, and not to chs. NR 660 to 679, Wis. Adm. Code, except as necessary to comply with applicable federal regulations adopted under the federal Resource Conservation and Recovery Act, 42 USC 6901 to 6991m.

SB1-SSA2,75,19 (1m) Location criteria. (a) Except as provided in par. (b), no person may locate or operate a mining waste site, excluding the portion of a mining site from which ferrous minerals are extracted and that is backfilled with mining waste, within 1,000 feet of any of the following:

SB1-SSA2,75,21 1. The nearest edge of the right-of-way of any state trunk highway, as defined in s. 340.01 (60).

SB1-SSA2,75,22 2. The boundary of any state or national park.

SB1-SSA2,75,24 3. The boundary of a scenic easement purchased by the department or the department of transportation.

SB1-SSA2,75,25 4. The boundary of a designated scenic or wild river.

SB1-SSA2,76,1 5. A scenic overlook designated by the department by rule.

SB1-SSA2,76,2 6. A hiking or biking trail designated by the department or the U.S. Congress.

SB1-SSA2,76,7 (b) The prohibition in par. (a) does not apply if, regardless of season, the proposed mining waste site is visually inconspicuous due to screening or being visually absorbed due to natural objects, compatible natural plantings, earth berm, or other appropriate means; or if, regardless of season, the proposed mining waste site is screened so as to be as aesthetically pleasing and inconspicuous as is feasible.

SB1-SSA2,76,11 (be) Except as provided in par. (bn), no person may locate or operate a mining waste site, excluding the portion of a mining site from which ferrous minerals are extracted and that is backfilled with mining waste, within 1,000 feet of a navigable water that is a lake, pond, or flowage.

SB1-SSA2,76,15 (bg) Except as provided in par. (bn), no person may locate or operate a mining waste site, excluding the portion of a mining site from which ferrous minerals are extracted and that is backfilled with mining waste, within 300 feet of a navigable water that is a river or stream.