AB756: Bill Text

AB756,95 Section 95. 293.21 (1) (a) of the statutes is amended to read:

AB756,24,14 293.21 (1) (a) “Driller" means a person who performs core, rotary, percussion or other drilling involved in exploration for nonferrous metallic minerals.

AB756,96 Section 96. 293.25 (2) (a) of the statutes is amended to read:

AB756,24,23 293.25 (2) (a) Applicability. Except as provided under par. (b), ss. 293.21 and 293.81 and rules promulgated under those sections apply to radioactive waste site exploration, to activities related to radioactive waste site exploration and to persons engaging in or intending to engage in radioactive waste site exploration or related activities in the same manner as those sections and rules are applicable to nonferrous metallic mineral exploration, to activities related to nonferrous metallic mineral exploration and to persons engaging in or intending to engage in nonferrous metallic mineral exploration or related activities.

AB756,97 Section 97. 293.25 (4) of the statutes is amended to read:

AB756,25,9 293.25 (4) Regulation of exploration and related provisions. Sections 293.13, 293.15 (1) to (12), 293.85, 293.87 and 293.89 and rules promulgated under those sections apply to radioactive waste site exploration, to activities related to radioactive waste site exploration and to persons engaging in or intending to engage in radioactive waste site exploration or related activities in the same manner as those sections and rules are applicable to nonferrous metallic mineral exploration, to activities related to nonferrous metallic mineral exploration and to persons engaging in or intending to engage in nonferrous metallic mineral exploration or related activities.

AB756,98 Section 98 . 293.26 of the statutes is repealed.

AB756,99 Section 99 . 293.31 (title) of the statutes is amended to read:

AB756,25,12 293.31 (title) Preapplication notification; data Data collection.

AB756,100 Section 100 . 293.31 (1) of the statutes is amended to read:

AB756,26,22 293.31 (1) At least 12 months before filing an application for a prospecting permit under s. 293.35 or a mining permit under s. 293.37, a person proposing to engage in a prospecting or mining project shall notify the department in writing of the intention to apply for a prospecting or mining permit. A person who intends to give notice of intent to apply for a prospecting or mining permit may, prior to obtaining, collecting, or generating environmental data intended to be used to support the permit application, submit to the department the methodology that the person intends to use in obtaining, collecting, or generating the data. The department shall review the proposed methodology and shall either inform the person that the proposed methodology will be accepted by the department or provide the person with the methodology that the department requires to be used. The department may assess the person submitting the proposed methodology a fee equal to the department's costs for reviewing the proposed methodology. If a Any person obtains, collects, or generates intending to submit an application for a prospecting or mining permit shall notify the department prior to the collection of data or information intended to be used to support a prospecting or mining the permit application without obtaining department approval of the person's methodology under sub. (4), the department may not exclude any of the data or information that consists of application. Specific environmental data which would be pertinent to a specific prospecting or mining application, but which was obtained or collected or generated prior to the notice of intent to apply for a prospecting or mining permit, shall be submitted in writing to the department together with any substantiating background information which would assist the department in establishing the validity of the data. The department shall review the data and, if it concludes that the benefits of permitting the admission of the data outweigh the policy reasons for excluding it, and if the data is otherwise admissible, inform the person giving the notice of intent to prospect or mine that the data will be accepted by the department. Such exclusion shall not relate to general environmental information such as soil characteristics, hydrologic conditions, and air and water data contained in publications, maps, documents, studies, reports, and similar sources, whether public or private, not prepared by or for the applicant. Such exclusion shall likewise not relate to data that is otherwise admissible and collected prior to notification under this subsection for purposes of evaluating another site or sites and that is not collected with intent to evade the provisions of this section.

AB756,101 Section 101 . 293.31 (2) of the statutes is amended to read:

AB756,27,3 293.31 (2) Upon receipt of notification under sub. (1), the department shall give public notice of the notification in the same manner as provided under s. 293.43 (2m) (3) (b).

AB756,102 Section 102 . 293.31 (3) of the statutes is amended to read:

AB756,27,12 293.31 (3) The department shall also receive and consider any comments from interested persons received within 45 days after public notice is given under sub. (2) as to the information which they believe should be requested from the person giving notice of intent to apply for a prospecting or mining permit and the information which they believe the department should seek through independent studies. If the department holds a public informational hearing to receive comments from interested persons under this section, the hearing shall be completed within 45 days after public notice is given under sub. (2).

AB756,103 Section 103 . 293.31 (4) of the statutes is amended to read:

AB756,28,6 293.31 (4) No later than 90 days after the period for receiving and considering After the receipt and consideration of comments from interested persons under sub. (3), the department shall inform the person giving notice of intent to apply for a prospecting or mining permit of the type and quantity of information that it then believes to be needed to support an application and, where applicable, the methodology to be used in gathering information. The department shall specifically inform the person giving notice of intent to apply for a prospecting or mining permit of the type and quantity of information on the characteristics of groundwater resources in the area in which prospecting or mining is anticipated to occur which the department believes is needed to support an application, including the information that the department believes should be included in the applicant's environmental impact report and the information that the department will need to prepare an environmental impact statement. The department shall also inform begin informing the person giving notice of intent to apply for a prospecting or mining permit of as to the timely application date and other filing requirements for all other approvals, licenses, and permits relating to the proposed prospecting or mining project so as to facilitate the consideration of all other matters at the hearing on the prospecting or mining permit.

AB756,104 Section 104 . 293.31 (4m) of the statutes is repealed.

AB756,105 Section 105 . 293.32 (4) of the statutes is repealed.

AB756,106 Section 106. 293.37 (4) (b) of the statutes is amended to read:

AB756,28,20 293.37 (4) (b) If the department finds that the anticipated life and total area of a nonferrous metallic mineral deposit are of sufficient magnitude that reclamation of the mining site consistent with this chapter requires a comprehensive plan for the entire affected area, it shall require an operator to submit with the application for a mining permit, amended mining site or change in mining or reclamation plan, a comprehensive long-term plan showing, in detail satisfactory to the department, the manner, location and time for reclamation of the entire area of contiguous land which will be affected by mining and which is owned, leased or under option for purchase or lease by the operator at the time of application. Where a nonferrous metallic mineral deposit lies on or under the lands of more than one operator, the department shall require the operators to submit mutually consistent comprehensive plans.

AB756,107 Section 107 . 293.37 (5) of the statutes is repealed.

AB756,108 Section 108 . 293.40 of the statutes is repealed.

AB756,109 Section 109 . 293.43 (1) of the statutes is amended to read:

AB756,28,25 293.43 (1) Applicability. This section, and ch. 227 where it is consistent, shall govern all hearings on applications for prospecting or mining permits.

AB756,110 Section 110. 293.43 (1m) (b) of the statutes is amended to read:

AB756,29,18 293.43 (1m) (b) Except as provided in this section paragraph, for all department issued approvals, licenses, and permits relating to prospecting or mining, including solid waste feasibility report approvals and permits related to air and water, to be issued after April 30, 1980, the notice, hearing, and comment process provisions, if any, and the time for issuance of decisions shall be controlled by this section and ss. 293.45 and 293.49. If an applicant fails to make application for an approval, license, or permit for an activity incidental to prospecting or mining in time for notice under this section to be provided, the notice and comment requirements, if any, shall be controlled by the specific statutory provisions with respect to that application. If notice under those specific statutory notice requirements can be given for consideration of the approval, license, or permit at the hearing under this section, the application shall be considered at that hearing; otherwise, the specific statutory hearing provisions, if any, with respect to that application shall control. The substantive requirements for the issuance of any approval, permit, or license incidental to prospecting or mining are not affected by the fact that a hearing on the approval, permit, or license is conducted as part of a hearing under this section.

AB756,111 Section 111 . 293.43 (2) of the statutes is created to read:

AB756,29,22 293.43 (2) Location. The hearing shall be held in the county where the prospecting or mining site, or the largest portion of the prospecting or mining site, is located, but may subsequently be adjourned to other locations.

AB756,112 Section 112 . 293.43 (2m) of the statutes is repealed.

AB756,113 Section 113 . 293.43 (3) of the statutes is created to read:

AB756,30,12 293.43 (3) Timing of notice and of hearing; giving of notice. (a) If it is determined that a statement under s. 1.11 is not required, the hearing shall be scheduled for a date not less than 60 days nor more than 90 days after the announcement of that determination, and the scheduling and providing of notice shall be completed not later than 10 days following the announcement. Notice of the hearing shall be given by mailing a copy of the notice to any known state agency required to issue a permit for the proposed operation, to the regional planning commission for the affected area, to the county, city, village, and town within which any part of the affected area lies, to all persons who have requested this notification and, if applicable, to all persons specified under par. (b) 3. and s. 281.35 (5) (b) and (6) (f). Written comments may be submitted to the department within 30 days of the date of notice.

AB756,30,24 (b) If it is determined that a statement under s. 1.11 is required, or if an environmental impact statement is required under s. 293.39, the department shall hold at least one informational meeting regarding the preliminary environmental report within 60 days of its issuance. The meeting shall be held not sooner than 30 days nor later than 60 days after the issuance of the report. The scheduling and providing of notice of the meeting shall be completed not later than 10 days following the issuance of the preliminary environmental report. A hearing referred to under sub. (1m) shall be scheduled for a date not less than 120 days nor more than 180 days after the issuance of the environmental impact statement. The scheduling and providing of notice of the hearing shall be completed within 30 days from the date of issuance of the environmental impact statement. The providing of notice shall be accomplished by doing all of the following:

AB756,31,7 1. Mailing a copy of the notice to all known departments and agencies required to grant any permit necessary for the proposed operation, to any regional planning commission within which the affected area lies, to the governing bodies of all towns, villages, cities and counties within which any part of the proposed prospecting or mining site lies, to the governing bodies of any towns, villages, or cities contiguous to any town, village, or city within which any part of the proposed prospecting or mining site lies and to any interested persons who have requested such notification.

AB756,31,14 2. Publication of a class 2 notice, under ch. 985, utilizing a display advertising format, in the weekly newspaper published in the closest geographic proximity to the proposed prospecting or mining site, in the newspaper having the largest circulation in the county within which the proposed site lies, and in those newspapers published in counties contiguous to the county within which the proposed site lies that have a substantial circulation in the area of, or adjacent to, the proposed prospecting or mining site.

AB756,31,20 3. Mailing a copy of the notice to the U.S. environmental protection agency, U.S. army corps of engineers, and other states potentially affected by the proposed discharge if a water discharge permit under ch. 283 is to be considered at the hearing under this section and to the U.S. environmental protection agency and appropriate agencies in other states that may be affected if an air pollution control permit under ch. 285 is to be considered at the hearing under this section.

AB756,31,25 (c) Written comments may be submitted by any governmental agency within 80 days of the date of issuance of the statement under par. (b). Individual persons may submit written comments within 120 days of the date of issuance of the statement. The last day for receipt of comments shall be specified by the department in all notices.

AB756,114 Section 114. 293.43 (3m) of the statutes is repealed.

AB756,115 Section 115 . 293.43 (4) of the statutes is created to read:

AB756,32,9 293.43 (4) Participation by local governments. Any county, town, village, or city receiving notice of the filing of an application in the manner provided under sub. (3) (a) or (b) shall refer the application and reclamation plan to a committee established under s. 293.33 (1) or (2), if any, for review and comment. Such counties, towns, villages, or cities may participate as a party in the hearing on the application and may make recommendations on the reclamation plan and future use of the project site.

AB756,116 Section 116 . 293.43 (4m) of the statutes is repealed.

AB756,117 Section 117 . 293.43 (5) of the statutes is created to read:

AB756,32,20 293.43 (5) Hearing procedure. (a) At the opening of the hearing, the hearing examiner shall advise all persons present of their right to express their views either orally or in writing, under oath or otherwise, and of the legal effect of each form of testimony. All interested persons, at the hearing or at a time set prior to the hearing, shall be given an opportunity, subject to reasonable limitations on the presentation of repetitious or irrelevant material, to express their views on any aspect of the matters under consideration. The presentation of these views need not be under oath nor subject to cross-examination. A written record of unsworn testimony shall be made.

AB756,32,24 (b) Persons who wish to participate as parties shall file a written notice with the hearing examiner setting forth their interest at least 30 days prior to the scheduled time of the hearing or prior to the scheduled time of any prehearing conference, whichever is earlier, unless good cause is shown.

AB756,33,4 (c) The record shall consist of the contested case portion of the proceeding. Views given under par. (a) and all written comments submitted from any source shall be placed in the file of the proceeding and shall be given appropriate probative value by the hearing examiner or decisionmaker.

AB756,33,5 (d) Hearings conducted under this section may be continued for just cause.

AB756,33,12 (e) If evidence of conformance with applicable zoning ordinances as required by s. 293.49 (1) (a) 6. is not presented by the time testimony is completed, the department shall close the record and continue the hearing. The duration of the continuance of the hearing shall be specified by the department at the time the continuance begins, after first requesting the applicant to state the anticipated time at which the evidence will be provided. The continuance may be extended by the department prior to its expiration upon notice to all parties if good cause is shown.

AB756,33,15 (f) Each approval or denial of a license or permit considered at the hearing under this section shall be made in findings of fact, conclusions of law, and an order setting forth reasons with clarity and in detail.

AB756,118 Section 118. 293.47 (1) (b) of the statutes is amended to read:

AB756,33,21 293.47 (1) (b) “Geologic information" means information concerning descriptions of a nonferrous an ore body, descriptions of reserves, tonnages, and grades of nonferrous ore, descriptions of a drill core or bulk sample including analysis, and descriptions of drill hole depths, distances, and similar information related to the nonferrous ore body.

AB756,119 Section 119 . 293.49 (1) (a) (intro.) of the statutes is amended to read:

AB756,33,25 293.49 (1) (a) (intro.) Except as provided in sub. (2) and s. 293.50 and except with respect to property specified in s. 41.41 (11), within 90 days of the completion of the public hearing record, the department shall issue the mining permit if it finds:

AB756,120 Section 120. 293.49 (1) (a) 2m. of the statutes is repealed.

AB756,121 Section 121 . 293.495 of the statutes is repealed.

AB756,122 Section 122 . 293.50 of the statutes is created to read:

AB756,34,5 293.50 Additional requirements on issuance of permits for mining of sulfide ore bodies. (1) In this section:

AB756,34,11 (a) “Pollution" means degradation that results in any violation of any environmental law as determined by an administrative proceeding, civil action, criminal action or other legal proceeding. For the purpose of this paragraph, issuance of an order or acceptance of an agreement requiring corrective action or a stipulated fine, forfeiture, or other penalty is considered a determination of a violation, regardless of whether there is a finding or admission of liability.

AB756,34,13 (b) “Sulfide ore body" means a mineral deposit in which metals are mixed with sulfide minerals.

AB756,34,15 (2) The department may not issue a permit under s. 293.49 for the purpose of the mining of a sulfide ore body until all of the following conditions are satisfied:

AB756,34,21 (a) The department determines, based on information provided by an applicant for a permit under s. 293.49 and verified by the department, that a mining operation has operated in a sulfide ore body which, together with the host rock, has a net acid generating potential in the United States or Canada for at least 10 years without the pollution of groundwater or surface water from acid drainage at the tailings site or at the mine site or from the release of heavy metals.

AB756,35,2 (b) The department determines, based on information provided by an applicant for a permit under s. 293.49 and verified by the department, that a mining operation that operated in a sulfide ore body which, together with the host rock, has a net acid generating potential in the United States or Canada has been closed for at least 10 years without the pollution of groundwater or surface water from acid drainage at the tailings site or at the mine site or from the release of heavy metals.

AB756,35,8 (2m) (a) The department may not base its determination under sub. (2) (a) or (b) on any mining operation that has been listed on the national priorities list under 42 USC 9605 (a) (8) (B) or any mining operation for which the operator is no longer in business and has no successor that may be liable for any contamination from the mining operation and for which there are no other persons that may be liable for any contamination from the mining operation.

AB756,35,13 (b) The department may not base its determination under sub. (2) (a) or (b) on a mining operation unless the department determines, based on relevant data from groundwater or surface water monitoring, that the mining operation has not caused significant environmental pollution, as defined in s. 293.01 (4), from acid drainage at the tailings site or at the mine site or from the release of heavy metals.

AB756,35,15 (3) This section applies without regard to the date of submission of the permit application.

AB756,123 Section 123 . 293.51 (title) of the statutes is amended to read:

AB756,35,17 293.51 (title) Bonds and other security.

AB756,124 Section 124. 293.51 (1) of the statutes is amended to read:

AB756,36,9 293.51 (1) Upon notification that an application for a prospecting or mining permit has been approved by the department but prior to commencing prospecting or mining, the operator shall file with the department a bond conditioned on faithful performance of all of the requirements of this chapter and all rules adopted by the department under this chapter. The bond shall be furnished by a surety company licensed to do business in this state. In lieu of a bond, the operator may deposit cash, certificates of deposit, or government securities with the department. Interest received on certificates of deposit and government securities shall be paid to the operator. The amount of the bond or other security required shall be equal to the estimated cost to the state of fulfilling the reclamation plan, in relation to that portion of the site that will be disturbed by the end of the following year. The estimated cost of reclamation of each prospecting or mining site shall be determined by the department on the basis of relevant factors including, but not limited to, expected changes in the price index, topography of the site, methods being employed, depth and composition of overburden and depth of nonferrous metallic mineral deposit being mined.

AB756,125 Section 125 . 293.51 (1g) of the statutes is repealed.

AB756,126 Section 126 . 293.51 (1m) of the statutes is repealed.

AB756,127 Section 127 . 293.51 (1r) of the statutes is repealed.

AB756,128 Section 128 . 293.51 (3) of the statutes is amended to read:

AB756,36,17 293.51 (3) Upon approval of the operator's bond or other security under subs. (1), (1g), (1m), and (1r), mining application, and certificate of insurance, the department shall issue written authorization to commence mining at the permitted mining site in accordance with the approved mining and reclamation plans.

AB756,129 Section 129 . 293.51 (5) of the statutes is repealed.

AB756,130 Section 130 . 293.55 (1) (c) of the statutes is amended to read:

AB756,36,23 293.55 (1) (c) Substantial changes. The department shall determine if any change in the mining or reclamation plans is substantial and provide notice of its determination in the same manner as specified under s. 293.43 (2m) (b) (3) (b) 1. to 3.

AB756,131 Section 131 . 293.55 (1) (d) of the statutes is amended to read:

AB756,37,6 293.55 (1) (d) Notice. The department shall provide notice of any modification which involves an increase or decrease in the area of a mining site or a substantial change in the mining or reclamation plan in the same manner as an original application for a mining permit under s. 293.43 (2m) (3). If 5 or more interested persons do not request a hearing in writing within 30 days of notice, no hearing is required on the modification. The notice shall include a statement to this effect.

AB756,132 Section 132. 293.65 (3) (a) of the statutes is amended to read:

AB756,37,12 293.65 (3) (a) An approval under s. 281.34 is required to withdraw groundwater for prospecting or mining or to dewater mines if the capacity and rate of withdrawal of all wells involved in the withdrawal of groundwater or the dewatering of mines exceeds 100,000 gallons each day. A permit under s. 283.31 is required to discharge pollutants resulting from the dewatering of mines.

AB756,133 Section 133 . 293.65 (3) (b) of the statutes is amended to read:

AB756,38,10 293.65 (3) (b) The department may not issue an approval under s. 281.34 if the withdrawal of groundwater for prospecting or mining purposes or the dewatering of mines will result in the unreasonable detriment of public or private water supplies or the unreasonable detriment of public rights in the waters of the state. No withdrawal of groundwater for prospecting or mining purposes or the dewatering of mines may be made to the unreasonable detriment of public or private water supplies or the unreasonable detriment of public rights in the waters of the state. Notwithstanding any limitation on approval conditions in s. 281.34, if the department determines that a proposed withdrawal of groundwater or dewatering of mines will result in the unreasonable detriment of public or private water supplies or the unreasonable detriment of public rights in the waters of the state the department shall include conditions in the mining or prospecting permit or in an approval issued under s. 281.34 to ensure that the withdrawal or dewatering will not result in the unreasonable detriment of public or private water supplies or the unreasonable detriment of public rights in the waters of the state. These conditions may include a requirement that the applicant for the mining or prospecting permit or approval under s. 281.34 provide a replacement water supply of similar quality, provide an increased amount of water to the water supply, or temporarily augment the quantity of water in, or flowing into or from, the affected waters of the state that is of substantially similar quality and that has substantially similar characteristics to the water that was in the affected waters of the state before any proposed mining or prospecting activity began.

AB756,134 Section 134 . 293.66 of the statutes is repealed.

AB756,135 Section 135 . 293.81 of the statutes is amended to read:

AB756,39,3 293.81 Exploring, bulk sampling, prospecting, and mining without authorization. Any person who engages in exploration without a license or bulk sampling without the necessary license or approvals shall forfeit not less than $100 nor more than $1,000 for each parcel as defined under s. 293.21 (1) (b) on which unlicensed exploration or bulk sampling without the necessary license or approvals took place. Any person who authorizes or engages in prospecting without a prospecting permit or any operator who authorizes or engages in mining without a mining permit and written authorization to mine under s. 293.51 (3) shall forfeit all profits obtained from such illegal activities and not more than $10,000 for each day during which the mine was in operation. The operator shall be liable to the department for the full cost of reclaiming the affected area of land and any damages caused by the mining operation. Each day's violation of this section shall be deemed a separate offense. If the violator is a corporation, limited liability company, partnership or association, any officer, director, member, manager or partner who knowingly authorizes, supervises or contracts for exploration, bulk sampling, prospecting, or mining shall also be subject to the penalties of this section.

AB756,136 Section 136. 293.86 of the statutes is amended to read:

AB756,39,16 293.86 Visitorial powers of department. Any duly authorized officer, employee or representative of the department may enter and inspect any property, premises or place on or at which any prospecting or metallic mining operation or facility is located or is being constructed or installed at any reasonable time for the purpose of ascertaining the state of compliance with this chapter and chs. 281, 285, 289 to 292, 295, and 299, subchs. I and II of ch. 295, and rules adopted pursuant thereto. No person may refuse entry or access to any such authorized representative of the department who requests entry for purposes of inspection, and who presents appropriate credentials, nor may any person obstruct, hamper or interfere with any such inspection. The department shall furnish to the prospector or operator, as indicated in the prospecting or mining permit, a written report setting forth all observations, relevant information and data which relate to compliance status.

AB756,137 Section 137 . 293.95 of the statutes is repealed and recreated to read:

AB756,39,19 293.95 Review. Any person aggrieved by any decision of the department under this chapter may obtain its review under ch. 227.