This is the preview version of the Wisconsin State Legislature site.
Please see http://docs.legis.wisconsin.gov for the production version.
AB499-engrossed,28,716 293.43 (1m) (b) Except as provided in this paragraph section, for all
17department issued approvals, licenses, and permits relating to prospecting or
18mining, including solid waste feasibility report approvals and permits related to air
19and water, to be issued after April 30, 1980, the notice, hearing , and comment
20provisions, if any, process and the time for issuance of decisions, shall be controlled
21by this section and ss. 293.45 and 293.49. If an applicant fails to make application
22for an approval, license or permit for an activity incidental to prospecting or mining
23in time for notice under this section to be provided, the notice and comment

24requirements, if any, shall be controlled by the specific statutory provisions with
25respect to that application. If notice under those specific statutory notice

1requirements can be given for consideration of the approval, license or permit at the
2hearing under this section, the application shall be considered at that hearing;
3otherwise, the specific statutory hearing provisions, if any, with respect to that
4application shall control.
The substantive requirements for the issuance of any
5approval, permit, or license incidental to prospecting or mining are not affected by
6the fact that a hearing on the approval, permit, or license is conducted as part of a
7hearing under this section.
AB499-engrossed,28 8Section 28 . 293.43 (2) of the statutes is repealed.
AB499-engrossed,29 9Section 29 . 293.43 (2m) of the statutes is created to read:
AB499-engrossed,28,1310 293.43 (2m) Public information and notice. (a) The department shall make
11available for review in the city, village, or town in which the proposed prospecting or
12mining site is located, information concerning the proposed prospecting or mining
13site, including all of the following:
AB499-engrossed,28,1514 1. The application for the prospecting or mining permit, including the mining
15plan, reclamation plan, and mining waste site feasibility study and plan of operation.
AB499-engrossed,28,1716 2. All of the following relating to an approval other than the prospecting or
17mining permit:
AB499-engrossed,28,1818 a. The application.
AB499-engrossed,28,1919 b. A draft approval.
AB499-engrossed,28,2020 c. Information or summaries relating to the draft approval.
AB499-engrossed,28,2321 3. The draft environmental impact statement, the environmental impact
22report, and any additional supporting information used in the department's
23evaluation of the proposed prospecting or mining.
AB499-engrossed,28,2424 4. The draft prospecting or mining permit.
AB499-engrossed,29,2
15. The department's analyses and preliminary determinations relating to any
2approval.
AB499-engrossed,29,143 (b) Within 30 days after the expiration of the applicable time period under s.
4293.40 (3), the department shall distribute a notice that describes the availability of
5the information under par. (a); the opportunity for written public comment, including
6an invitation for the submission of written comments by any person within 45 days
7after the date of the publication of the notice; and the date, time, and location of the
8public informational hearing and that includes any additional information that a law
9concerning any approval requires to be provided. The department shall publish the
10notice as a class 1 notice under ch. 985 and shall publish notice on the department's
11Internet site. The date on which the department first publishes the notice on its
12Internet site shall be considered the date of the publication of the notice required to
13be published under this paragraph. The department shall also send the notice to all
14of the following:
AB499-engrossed,29,1615 1. The clerk of any city, village, town, or county with zoning jurisdiction over
16the proposed prospecting or mining site.
AB499-engrossed,29,1817 2. The clerk of any city, village, town, or county within whose boundaries any
18portion of the proposed prospecting or mining site is located.
AB499-engrossed,29,2119 3. The clerk of any city, village, or town, contiguous to any city, village, or town
20within whose boundaries any portion of the proposed prospecting or mining site is
21located.
AB499-engrossed,29,2422 4. The main public library of each city, village, town, or county with zoning
23jurisdiction over the proposed mining site or within whose boundaries any portion
24of the proposed prospecting or mining site is located.
AB499-engrossed,30,2
15. Any regional planning commission for the area within which the proposed
2prospecting or mining site lies.
AB499-engrossed,30,53 6. Any state agency that the department knows is required to grant a permit
4or other authorization necessary for the construction or operation of the proposed
5prospecting or mining project.
AB499-engrossed,30,96 7. The federal environmental protection agency, U.S. army corps of engineers,
7and states potentially affected by the proposed discharge if a water discharge permit
8under ch. 283 or a wetland permit that constitutes a water quality certification as
9required by 33 USC 1341 (a) is to be considered at the public informational hearing.
AB499-engrossed,30,1210 8. The federal environmental protection agency and appropriate agencies in
11other states that may be affected if an air pollution control permit under ch. 285 is
12to be considered at the public informational hearing.
AB499-engrossed,30,1513 9. If a water withdrawal permit under s. 293.65 for a withdrawal of surface
14water is to be considered at the public informational hearing, the persons specified
15in s. 30.18 (4) (a).
AB499-engrossed,30,2116 10. If an individual permit under s. 30.12 for a structure through which water
17transferred from the Great Lakes basin would be returned to the source watershed
18through a stream tributary to one of the Great Lakes is to be considered at the public
19informational hearing, the governing body of each city, village, and town through
20which the stream flows or that is adjacent to the stream downstream from the point
21at which the water would enter the stream.
AB499-engrossed,30,2422 11. Any person upon request. The department's notice under this subdivision
23may be given through an electronic notification system established by the
24department.
AB499-engrossed,30,2525 12. The applicant.
AB499-engrossed,31,3
113. Any other person to whom the department is required to give notice of any
2proposed determination, application, or hearing concerning an approval under the
3laws relating to the issuance of any approval or under s. 1.11.
AB499-engrossed,31,94 (c) The department shall coordinate the public comment period for the
5prospecting or mining permit with the public comment period for any other approval
6for the prospecting or mining operation, except that if an application for an approval
7is filed too late to allow public comment within the public comment period for the
8prospecting or mining permit, the department shall issue separate notice, as
9described in par. (b), for the approval after the application is filed.
AB499-engrossed,30 10Section 30 . 293.43 (3) of the statutes is repealed.
AB499-engrossed,31 11Section 31 . 293.43 (3m) of the statutes is created to read:
AB499-engrossed,32,612 293.43 (3m) Informational hearing. The department shall hold a public
13informational hearing before it approves or denies an application for a prospecting
14or mining permit and not less than 30 days after the date of the publication of the
15notice under sub. (2m) (b). The department shall hold the public informational
16hearing in the county where the majority of the proposed prospecting or mining site
17is located. The department shall hold a single public informational hearing covering
18the draft prospecting or mining permit, all other draft approvals, and the draft
19environmental impact statement, except that if an application for an approval is filed
20too late to allow the application to be considered at the public informational hearing
21for the prospecting or mining permit, the department shall hold a separate public
22informational hearing on the draft approval in the county where the majority of the
23proposed prospecting or mining site is located not less than 30 days after the date of
24the publication of a separate notice under sub. (2m) (b) for the approval. The
25department shall publish the separate notice for the approval on its Internet site not

1more than 10 days after the application is considered to be complete, which is the
230th day after the department receives the application unless, before that day, the
3department requests additional information, in which case the application is
4considered to be complete when the applicant provides the information. A public
5informational hearing under this subsection is not a contested case hearing under
6ch. 227.
AB499-engrossed,32 7Section 32 . 293.43 (4) of the statutes is repealed.
AB499-engrossed,33 8Section 33 . 293.43 (4m) of the statutes is created to read:
AB499-engrossed,32,129 293.43 (4m) Summary. After considering the comments received under subs.
10(2m) and (3m) and before acting on the application for the mining permit, the
11department shall prepare a summary of the comments and the department's
12response to the comments.
AB499-engrossed,34 13Section 34 . 293.43 (5) of the statutes is repealed.
AB499-engrossed,35 14Section 35 . 293.49 (1) (a) (intro.) of the statutes is amended to read:
AB499-engrossed,32,1715 293.49 (1) (a) (intro.) Except as provided in sub. (2) and s. 293.50 and except
16with respect to property specified in s. 41.41 (11), within 90 days of the completion
17of the public hearing record, the department shall issue the mining permit if it finds:
AB499-engrossed,35m 18Section 35m. 293.49 (1) (a) 2m. of the statutes is created to read:
AB499-engrossed,32,2319 293.49 (1) (a) 2m. The technology that will be used at the proposed operation
20is capable of resulting in compliance with all applicable air, groundwater, surface
21water, and solid and hazardous waste management laws and rules of the department
22and is reasonably certain to result in compliance with these laws and rules at the
23proposed mining site.
AB499-engrossed,36 24Section 36 . 293.495 of the statutes is created to read:
AB499-engrossed,33,6
1293.495 Subsequently filed applications for other approvals. (1) (a) 1.
2For purposes of this subsection, an application for an approval other than a mining
3or prospecting permit is considered to be complete on the 30th day after the
4department receives the application unless, before that day, the department
5requests additional information, in which case the application is considered to be
6complete when the applicant provides the information.
AB499-engrossed,33,117 2. For purposes of this subsection, an application for a mining or prospecting
8permit is considered to be complete on the 30th day after the department receives the
9application unless the department requests additional information under s. 293.40
10(2) or (3), in which case the application is considered to be complete when the
11applicant provides the information.
AB499-engrossed,33,1912 (b) Except as provided in par. (d), if an applicant files an application for an
13approval other than a mining or prospecting permit no later than 60 days after the
14day on which the application for the mining or prospecting permit is complete under
15par. (a) 2., or more than 60 days after that day but in time to allow the application
16to be considered at the public informational hearing for the mining or prospecting
17permit under s. 293.43 (3m), the department shall approve the application and issue
18the approval, or deny the application, no later than the deadline under s. 293.45 (1)
19or (2) or 293.49 (1) or (2).
AB499-engrossed,34,320 (c) 1. Except as provided in subd. 2., if an applicant files an application for an
21approval other than a mining or prospecting permit too late to allow the application
22to be considered at the public informational hearing for the mining or prospecting
23permit under s. 293.43 (3m) but before the department issues the decision to grant
24or deny the application for the mining or prospecting permit, the department shall
25approve the application and issue the approval, or deny the application, after the

1separate public informational hearing for the approval required under s. 293.43 (3m)
2and no later than 75 days after the application for the approval is complete under par.
3(a) 1.
AB499-engrossed,34,94 2. Except as provided in par. (d), the department shall approve or deny the
5application for an approval described in subd. 1. that is an individual permit for
6which federal law requires the opportunity for public comment or the ability to
7request a public hearing prior to issuance of the approval after the separate public
8informational hearing required for the approval under s. 293.43 (3m) and no later
9than 180 days after the application is complete under par. (a) 1.
AB499-engrossed,34,1210 (d) The deadlines in pars. (b) and (c) do not apply to an application for an air
11pollution control permit under s. 285.62 for which the department receives an
12objection from the federal environmental protection agency under s. 285.62 (6).
AB499-engrossed,34,1713 (e) The department shall incorporate any approval other than a mining or
14prospecting permit into a single document with the mining or prospecting permit,
15unless the application for the approval was filed more than 60 days after the day on
16which the application for the mining or prospecting permit is complete under par. (a)
172.
AB499-engrossed,35,3 18(2) The provisions of this chapter concerning public notice, comment, and
19hearing; issuance of department decisions; effective date of department decisions;
20review of department decisions; and the duration of approvals apply to any approval,
21regardless of whether the application is filed before or after the department issues
22the decision to grant or deny the application for the mining or prospecting permit,
23notwithstanding any provisions related to those matters in s. 44.40 or 169.25, subch.
24I or VI of ch. 77, ch. 23, 29, 30, 31, 169, 281, 283, 285, 289, or 291, or rules promulgated
25under those provisions, except as provided in s. 281.343 (7r) and except that if a

1withdrawal of surface water or groundwater is subject to regional review or council
2approval under s. 281.346, the applicable provisions related to regional review or
3council approval apply.
AB499-engrossed,37 4Section 37 . 293.50 of the statutes is repealed.
AB499-engrossed,38 5Section 38 . 293.51 (title) of the statutes is amended to read:
AB499-engrossed,35,6 6293.51 (title) Bonds and other security.
AB499-engrossed,39 7Section 39 . 293.51 (1g) of the statutes is created to read:
AB499-engrossed,35,138 293.51 (1g) An operator shall maintain proof of financial responsibility
9ensuring the availability of funds for compliance with the long-term care
10requirements specified in the waste site feasibility study and plan of operation
11consistent with the requirements under s. 289.41 except that, notwithstanding s.
12289.41 (3), the operator shall furnish the proof of financial responsibility in the form
13of a bond, cash, certificates of deposit, government securities, or insurance.
AB499-engrossed,39k 14Section 39k. 293.51 (1m) of the statutes is created to read:
AB499-engrossed,36,415 293.51 (1m) Upon notification that an application for a mining permit has been
16approved by the department but prior to commencing mining, the operator shall file
17with the department a bond issued by a surety company licensed to do business in
18this state, cash, certificates of deposit, or government security, to cover unforeseen
19remedial contingencies not otherwise covered by the bonds or other security required
20under sub. (1) or (1g), including for the provision of a replacement water supply if
21required under s. 293.65 (4) (d). The amount of the bond or other security required
22shall be 10 percent of the total amount of the bonds or other security required under
23subs. (1) and (1g). The operator shall increase, and may decrease, the amount of the
24bond under this subsection according to any increase or decrease in the amount of
25the bonds or other security required under subs. (1) or (1g) until the operator ceases

1to extract material from the mining site, at which point the amount of the bond under
2this subsection shall remain the same until released by the department. The bond
3or other security under this subsection shall be released no later than 40 years after
4the operator ceases to extract material from the mining site.
AB499-engrossed,39m 5Section 39m. 293.51 (1r) of the statutes is created to read:
AB499-engrossed,36,256 293.51 (1r) At the time of closure of the mining waste site, the operator shall
7provide proof of financial responsibility to the department in an amount equal to the
8reasonably anticipated costs during the period between 40 and 250 years after
9closure of the mining waste site to repair or replace any engineered cover systems
10or tailings water management control systems used at the mining site or mining
11waste site to avoid adverse environmental consequences. At the time that the
12application for a mining permit is approved, the department shall determine the
13amount to be paid at the time of closure based on the net present value discounted
14at a rate of at least 5 percent per year, and identify the reasonably anticipated costs
15that the amount is intended to cover. The operator shall provide the proof of financial
16responsibility in the form of a cash deposit, which the department shall segregate
17and invest in an interest-bearing account; certificates of deposit, government
18securities, or other interest-bearing forms of security; or proof of establishment of
19an interest-bearing account, including an escrow account or trust account. The
20operator or any successor in interest may use the funds or request the department
21release the funds to cover any reasonably anticipated costs that were identified by
22the department. The department shall release any remaining funds to the operator
23or the operator's successor in interest after all of the reasonably anticipated costs
24that were identified by the department have been incurred, or upon determining that
25the reasonably anticipated costs are no longer applicable.
AB499-engrossed,40
1Section 40. 293.51 (3) of the statutes is amended to read:
AB499-engrossed,37,52 293.51 (3) Upon approval of the operator's bond or other security under subs.
3(1), (1g), (1m), and (1r)
, mining application, and certificate of insurance, the
4department shall issue written authorization to commence mining at the permitted
5mining site in accordance with the approved mining and reclamation plans.
AB499-engrossed,41 6Section 41 . 293.51 (5) of the statutes is created to read:
AB499-engrossed,37,87 293.51 (5) The department may not require an operator to provide a type or
8form of financial assurance other than those specified in this section.
AB499-engrossed,42 9Section 42 . 293.55 (1) (c) of the statutes is amended to read:
AB499-engrossed,37,1210 293.55 (1) (c) Substantial changes. The department shall determine if any
11change in the mining or reclamation plans is substantial and provide notice of its
12determination in the same manner as specified under s. 293.43 (3) (2m) (b) 1. to 3.
AB499-engrossed,43 13Section 43 . 293.55 (1) (d) of the statutes is amended to read:
AB499-engrossed,37,1914 293.55 (1) (d) Notice. The department shall provide notice of any modification
15which involves an increase or decrease in the area of a mining site or a substantial
16change in the mining or reclamation plan in the same manner as an original
17application for a mining permit under s. 293.43 (3) (2m). If 5 or more interested
18persons do not request a hearing in writing within 30 days of notice, no hearing is
19required on the modification. The notice shall include a statement to this effect.
AB499-engrossed,44 20Section 44 . 293.65 (3) (b) of the statutes is amended to read:
AB499-engrossed,38,1721 293.65 (3) (b) The department may not issue an approval under s. 281.34 if the
22withdrawal of groundwater for prospecting or mining purposes or the dewatering of
23mines will result in the unreasonable detriment of public or private water supplies
24or the unreasonable detriment of public rights in the waters of the state. No
25withdrawal of groundwater for prospecting or mining purposes or the dewatering of

1mines may be made to the unreasonable detriment of public or private water supplies
2or the unreasonable detriment of public rights in the waters of the state.
3Notwithstanding any limitation on approval conditions in s. 281.34, if the
4department determines that a proposed withdrawal of groundwater or dewatering
5of mines will result in the unreasonable detriment of public or private water supplies
6or the unreasonable detriment of public rights in the waters of the state the
7department shall include conditions in the mining or prospecting permit or in an
8approval issued under s. 281.34 to ensure that the withdrawal or dewatering will not
9result in the unreasonable detriment of public or private water supplies or the
10unreasonable detriment of public rights in the waters of the state. These conditions
11may include a requirement that the applicant for the mining or prospecting permit
12or approval under s. 281.34 provide a replacement water supply of similar quality,
13provide an increased amount of water to the water supply, or temporarily augment
14the quantity of water in, or flowing into or from, the affected waters of the state that
15is of substantially similar quality and that has substantially similar characteristics
16to the water that was in the affected waters of the state before any proposed mining
17or prospecting activity began.
AB499-engrossed,45 18Section 45 . 293.66 of the statutes is created to read:
AB499-engrossed,39,2 19293.66 Groundwater quality. (1) For the site of any activity that will take
20place under a mining or prospecting permit or under another approval related to a
21mining or prospecting operation, the department shall determine the depth in the
22Precambrian bedrock below which the groundwater is not reasonably capable of
23being used or made suitable for human consumption and is not hydrologically
24connected to other sources of groundwater that are suitable for human consumption.

1The department shall notify the applicant of its determination before the
2department issues a draft environmental impact statement.
AB499-engrossed,39,6 3(2) For an activity regulated under a mining or prospecting permit or another
4approval related to the mining or prospecting operation, the department may not
5apply a groundwater enforcement standard at any point that is deeper than the
6depth identified under sub. (1).
AB499-engrossed,46 7Section 46 . 293.81 of the statutes is amended to read:
AB499-engrossed,39,23 8293.81 Exploring, bulk sampling, prospecting, and mining without
9authorization.
Any person who engages in exploration without a license or bulk
10sampling without the necessary license or approvals
shall forfeit not less than $100
11nor more than $1,000 for each parcel as defined under s. 293.21 (1) (b) on which
12unlicensed exploration or bulk sampling without the necessary license or approvals
13took place. Any person who authorizes or engages in prospecting without a
14prospecting permit or any operator who authorizes or engages in mining without a
15mining permit and written authorization to mine under s. 293.51 (3) shall forfeit all
16profits obtained from such illegal activities and not more than $10,000 for each day
17during which the mine was in operation. The operator shall be liable to the
18department for the full cost of reclaiming the affected area of land and any damages
19caused by the mining operation. Each day's violation of this section shall be deemed
20a separate offense. If the violator is a corporation, limited liability company,
21partnership or association, any officer, director, member, manager or partner who
22knowingly authorizes, supervises or contracts for exploration, bulk sampling,
23prospecting, or mining shall also be subject to the penalties of this section.
AB499-engrossed,47 24Section 47 . 293.95 of the statutes is repealed and recreated to read:
AB499-engrossed,40,5
1293.95 Review. (1) Limits on contested case hearings. No person is entitled
2to a contested case hearing on a decision by the department on an exploration license
3or relating to bulk sampling. No person is entitled to a contested case hearing on a
4decision by the department on a mining or prospecting permit application or any
5other approval, except as provided in subs. (2) and (3).
AB499-engrossed,40,17 6(2) Contested case hearings; after initial mining or prospecting permit
7decision or decision on amended plan.
(a) Entitlement. 1. A person is entitled to
8a contested case hearing on a decision by the department related to a mining or
9prospecting permit for a proposed mining operation, including a decision related to
10the environmental impact statement for the proposed mining or prospecting
11operation, or on any decision that is related to an approval associated with the
12proposed mining or prospecting operation and that is issued no later than the day
13on which the department issues its decision on the application for the mining or
14prospecting permit, only if the person is entitled to a contested case hearing on the
15decision under s. 227.42 and the person requests the hearing within 30 days after the
16department issues the decision to approve or deny the application for the mining or
17prospecting permit.
AB499-engrossed,41,218 2. A person is entitled to a contested case hearing on a decision by the
19department related to an amended mining plan, reclamation plan, or mining waste
20site feasibility study and plan of operation or to any amendment to an approval
21associated with the amended mining plan, reclamation plan, or mining waste site
22feasibility study and plan of operation only if the person is entitled to a contested case
23hearing on the decision under s. 227.42 and the person requests the hearing within
2460 days after the department issues the decision to approve or deny the amended

1mining plan, reclamation plan, or mining waste site feasibility study and plan of
2operation.
AB499-engrossed,41,53 3. All issues raised by all persons requesting a contested case hearing in
4accordance with subd. 1. or 2. in connection with the same mining or prospecting
5operation shall be considered in one contested case hearing.
AB499-engrossed,41,106 (b) Deadline for decision. The hearing examiner presiding over a contested case
7hearing under this subsection shall issue a final decision on the case no more than
8270 days after the department issues the decision to grant or deny the mining or
9prospecting permit or to approve or deny the amended mining plan, reclamation
10plan, or mining waste site feasibility study and plan of operation.
AB499-engrossed,41,1711 (d) Judicial review. A person seeking judicial review of the decision in a
12contested case hearing under this subsection shall comply with the requirements for
13service and filing in s. 227.53 (1) (a) and shall commence the action, in the circuit
14court for the county in which the majority of the proposed mining or prospecting site
15is located, no more than 30 days after service of the decision or, if the hearing
16examiner does not issue a final decision by the deadline under par. (b), no more than
1730 days after that deadline.
AB499-engrossed,41,24 18(3) Contested case hearings on other decisions. A person is entitled to a
19contested case hearing on a decision by the department related to a mining or
20prospecting operation that is issued after the department issues the decision to
21approve the application for the mining or prospecting permit for the mining or
22prospecting operation, other than a decision described in sub. (2) (a) 2., if the person
23is entitled to a contested case hearing under s. 227.42 and complies with the
24requirements for service and filing in s. 227.53 (1) (a).
AB499-engrossed,42,6
1(4) Venue. Notwithstanding s. 227.53 (1) (a) 3., any person seeking judicial
2review of the decision on a contested case under sub. (2) or (3) or of any decision of
3the department related to an exploration, bulk sampling, mining, or prospecting
4operation shall bring the action in the circuit court for the county in which the
5majority of the mining or prospecting site is located or in which the majority of the
6exploration or bulk sampling will occur.
AB499-engrossed,48 7Section 48 . NR 132.06 (4) of the administrative code is repealed.
AB499-engrossed,49 8Section 49 . NR 132.17 (13) of the administrative code is amended to read:
AB499-engrossed,42,179 NR 132.17 (13) Tailings transport systems, if not buried, should be designed
10to provide for emergency tailings conveyance or storage should a pipeline break,
11plug, freeze or require repairs and be made accessible for inspection, emergency
12repair and maintenance. Location of emergency spill areas must be consistent with
13the prevention of environmental pollution of surface waters and with the standards
14of ss. NR 182.07 (2), 132.06 (4) and s. 132.19. In the event of a power failure, tailing
15pipelines should be self draining to the tailings area or to an emergency spill area or
16standby pumps and pipelines or standby power should be provided. In some cases
17(e.g., a long pipeline over rough country), several spill areas may have to be provided.
AB499-engrossed,50 18Section 50 . NR 132.18 (1) (f) of the administrative code is amended to read:
AB499-engrossed,42,2019 NR 132.18 (1) (f) Within wetlands, except pursuant to the criteria established
20in s. NR 132.06 (4)
provisions under s. 281.36.
AB499-engrossed,51 21Section 51 . NR 182.07 (1) of the administrative code is renumbered NR
22182.07.
AB499-engrossed,52 23Section 52 . NR 182.07 (2) of the administrative code is repealed.
AB499-engrossed,53 24Section 53 . NR 182.08 (2) (d) 8. e. of the administrative code is amended to
25read:
AB499-engrossed,43,4
1NR 182.08 (2) (d) 8. e. A table shall be provided showing existing water quality
2of all potentially affected surface waters. The table shall include those surface
3waters identified under s. NR 182.07 (1). Important aquatic habitat, such as class
4II trout stream or state scenic river, shall be indicated.
Loading...
Loading...