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AB756,20,74 283.84 (3m) A person engaged in mining, as defined in s. 293.01 (9) or 295.41
5(26)
, prospecting, as defined in s. 293.01 (18), bulk sampling, as defined in s. 293.01
6(2m) or 295.41 (7),
or nonmetallic mining, as defined in s. 295.11 (3), may not enter
7into an agreement under sub. (1).
AB756,74 8Section 74. 287.13 (5) (e) of the statutes is amended to read:
AB756,20,149 287.13 (5) (e) Solid waste produced by a commercial business or industry which
10is disposed of or held for disposal in an approved facility, as defined under s. 289.01
11(3), or a mining waste site, as defined in s. 295.41 (31), covered by a mining permit
12under s. 295.58,
owned or leased by the generator or on which the generator holds
13an easement
, and designed and constructed for the purpose of accepting that type of
14solid waste.
AB756,75 15Section 75. 289.62 (2) (g) 2. of the statutes is amended to read:
AB756,20,1716 289.62 (2) (g) 2. For nonhazardous tailing solids or for nonacid producing
17taconite tailing solids
, 0.2 cent per ton.
AB756,76 18Section 76. 289.62 (2) (g) 6. of the statutes is amended to read:
AB756,20,2019 289.62 (2) (g) 6. For nonhazardous waste rock or for nonacid producing taconite
20waste rock
, 0.1 cent per ton.
AB756,77 21Section 77. 292.01 (1m) of the statutes is amended to read:
AB756,20,2322 292.01 (1m) “Approved mining facility" has the meaning given in s. 289.01 (4)
23and includes a mining waste site, as defined in s. 295.41 (31).
AB756,78 24Section 78. Chapter 293 (title) of the statutes is amended to read:
AB756,20,2525 CHAPTER 293
AB756,21,1
1NONFERROUS METALLIC MINING
AB756,79 2Section 79 . 293.01 (2m) of the statutes is repealed.
AB756,80 3Section 80. 293.01 (5) of the statutes is amended to read:
AB756,21,104 293.01 (5) “Mineral exploration" or “exploration", unless the context requires
5otherwise, means the on-site geologic examination from the surface of an area by
6core, rotary, percussion or other drilling, where the diameter of the hole does not
7exceed 18 inches, for the purpose of searching for nonferrous metallic minerals or
8establishing the nature of a known nonferrous metallic mineral deposit, and includes
9associated activities such as clearing and preparing sites or constructing roads for
10drilling.
AB756,81 11Section 81. 293.01 (7) of the statutes is amended to read:
AB756,21,2112 293.01 (7) “Merchantable by-product" means all waste soil, rock, mineral,
13liquid, vegetation and other material directly resulting from or displaced by the
14mining, cleaning or preparation of nonferrous metallic minerals during mining
15operations which are determined by the department to be marketable upon a
16showing of marketability made by the operator, accompanied by a verified statement
17by the operator of his or her intent to sell such material within 3 years from the time
18it results from or is displaced by mining. If after 3 years from the time merchantable
19by-product results from or is displaced by mining such material has not been
20transported off the mining site, it shall be considered and regulated as refuse unless
21removal is continuing at a rate of more than 12,000 cubic yards per year.
AB756,82 22Section 82. 293.01 (8) of the statutes is created to read:
AB756,21,2423 293.01 (8) “Minerals" mean unbeneficiated metallic ore but does not include
24mineral aggregates such as stone, sand, and gravel.
AB756,83 25Section 83. 293.01 (9) of the statutes is amended to read:
AB756,22,5
1293.01 (9) “Mining" or “mining operation" means all or part of the process
2involved in the mining of nonferrous metallic minerals, other than for exploration,
3bulk sampling,
or prospecting, including commercial extraction, agglomeration,
4beneficiation, construction of roads, removal of overburden and the production of
5refuse.
AB756,84 6Section 84. 293.01 (12) of the statutes is amended to read:
AB756,22,127 293.01 (12) “Mining site" means the surface area disturbed by a mining
8operation, including the surface area from which the nonferrous metallic minerals
9or refuse or both have been removed, the surface area covered by refuse, all lands
10disturbed by the construction or improvement of haulageways, and any surface areas
11in which structures, equipment, materials and any other things used in the mining
12operation are situated.
AB756,85 13Section 85. 293.01 (12m) of the statutes is repealed.
AB756,86 14Section 86. 293.01 (18) of the statutes is amended to read:
AB756,23,215 293.01 (18) “Prospecting" means engaging in the examination of an area for the
16purpose of determining the quality and quantity of nonferrous metallic minerals,
17other than for exploration or bulk sampling but including the obtaining of a
18nonferrous metallic
mineral an ore sample, by such physical means as excavating,
19trenching, construction of shafts, ramps and tunnels and other means, other than for
20exploration or bulk sampling, which the department, by rule, identifies, and the
21production of prospecting refuse and other associated activities. “Prospecting" shall
22not include such activities when the activities are, by themselves, intended for and
23capable of commercial exploitation of the underlying nonferrous ore body. However,
24the fact that prospecting activities and construction may have use ultimately in
25mining, if approved, shall not mean that prospecting activities and construction

1constitute mining within the meaning of sub. (9), provided such activities and
2construction are reasonably related to prospecting requirements.
AB756,87 3Section 87. 293.01 (25) of the statutes is amended to read:
AB756,23,94 293.01 (25) “Refuse" means all waste soil, rock, mineral, liquid, vegetation and
5other material, except merchantable by-products, directly resulting from or
6displaced by the prospecting or mining and from the cleaning or preparation of
7nonferrous metallic minerals during prospecting or mining operations, and shall
8include all waste materials deposited on or in the prospecting or mining site from
9other sources.
AB756,88 10Section 88 . 293.13 (2) (b) (intro.) of the statutes is amended to read:
AB756,23,1211 293.13 (2) (b) (intro.) Minimum standards for exploration, bulk sampling,
12prospecting, and mining shall include the following:
AB756,89 13Section 89 . 293.13 (2) (b) 4. of the statutes is amended to read:
AB756,23,1514 293.13 (2) (b) 4. Adequate diversion and drainage of water from the
15exploration, bulk sampling, prospecting, or mining site.
AB756,90 16Section 90 . 293.13 (2) (b) 7. of the statutes is amended to read:
AB756,23,1817 293.13 (2) (b) 7. Removal and stockpiling, or other measures to protect topsoils
18prior to exploration, bulk sampling, prospecting, or mining.
AB756,91 19Section 91 . 293.13 (2) (c) (intro.) of the statutes is amended to read:
AB756,23,2220 293.13 (2) (c) (intro.) Minimum standards for reclamation of exploration and
21bulk sampling
sites, where appropriate, and for prospecting and mining sites shall
22conform to s. 293.01 (23) and include provision for the following:
AB756,92 23Section 92 . 293.13 (2) (c) 7. of the statutes is amended to read:
AB756,24,224 293.13 (2) (c) 7. Revegetation to stabilize disturbed soils and prevent air and
25water pollution, with the objective of reestablishing a variety of populations of plants

1and animals indigenous to the area immediately prior to exploration, bulk sampling,
2prospecting, or mining.
AB756,93 3Section 93 . 293.15 (7m) of the statutes is repealed.
AB756,94 4Section 94 . 293.15 (8) of the statutes is amended to read:
AB756,24,115 293.15 (8) Promulgate rules regulating the production, storage and disposal
6of radioactive waste from exploration, bulk sampling, prospecting, or mining after
7seeking comments from the department of health services. At a minimum, rules
8promulgated under this subsection shall achieve the margin of safety provided in
9applicable federal statutes and regulations. If the department promulgates rules
10under this subsection, the department shall investigate the need for standards more
11restrictive than the applicable federal statutes and regulations.
AB756,95 12Section 95. 293.21 (1) (a) of the statutes is amended to read:
AB756,24,1413 293.21 (1) (a) “Driller" means a person who performs core, rotary, percussion
14or other drilling involved in exploration for nonferrous metallic minerals.
AB756,96 15Section 96. 293.25 (2) (a) of the statutes is amended to read:
AB756,24,2316 293.25 (2) (a) Applicability. Except as provided under par. (b), ss. 293.21 and
17293.81 and rules promulgated under those sections apply to radioactive waste site
18exploration, to activities related to radioactive waste site exploration and to persons
19engaging in or intending to engage in radioactive waste site exploration or related
20activities in the same manner as those sections and rules are applicable to
21nonferrous metallic mineral exploration, to activities related to nonferrous metallic
22mineral exploration and to persons engaging in or intending to engage in nonferrous
23metallic
mineral exploration or related activities.
AB756,97 24Section 97. 293.25 (4) of the statutes is amended to read:
AB756,25,9
1293.25 (4) Regulation of exploration and related provisions. Sections
2293.13, 293.15 (1) to (12), 293.85, 293.87 and 293.89 and rules promulgated under
3those sections apply to radioactive waste site exploration, to activities related to
4radioactive waste site exploration and to persons engaging in or intending to engage
5in radioactive waste site exploration or related activities in the same manner as
6those sections and rules are applicable to nonferrous metallic mineral exploration,
7to activities related to nonferrous metallic mineral exploration and to persons
8engaging in or intending to engage in nonferrous metallic mineral exploration or
9related activities.
AB756,98 10Section 98 . 293.26 of the statutes is repealed.
AB756,99 11Section 99 . 293.31 (title) of the statutes is amended to read:
AB756,25,12 12293.31 (title) Preapplication notification; data Data collection.
AB756,100 13Section 100 . 293.31 (1) of the statutes is amended to read:
AB756,26,2214 293.31 (1) At least 12 months before filing an application for a prospecting
15permit under s. 293.35 or a mining permit under s. 293.37, a person proposing to
16engage in a prospecting or mining project shall notify the department in writing of
17the intention to apply for a prospecting or mining permit. A person who intends to
18give notice of intent to apply for a prospecting or mining permit may, prior to
19obtaining, collecting, or generating environmental data intended to be used to
20support the permit application, submit to the department the methodology that the
21person intends to use in obtaining, collecting, or generating the data. The
22department shall review the proposed methodology and shall either inform the
23person that the proposed methodology will be accepted by the department or provide
24the person with the methodology that the department requires to be used. The
25department may assess the person submitting the proposed methodology a fee equal

1to the department's costs for reviewing the proposed methodology. If a
Any person
2obtains, collects, or generates intending to submit an application for a prospecting
3or mining permit shall notify the department prior to the collection of
data or
4information intended to be used to support a prospecting or mining the permit
5application without obtaining department approval of the person's methodology
6under sub. (4), the department may not exclude any of the data or information that
7consists of
application. Specific environmental data which would be pertinent to a
8specific prospecting or mining application, but which was obtained or collected or
9generated prior to the notice of intent to apply for a prospecting or mining permit,
10shall be submitted in writing to the department together with any substantiating
11background information which would assist the department in establishing the
12validity of the data. The department shall review the data and, if it concludes that
13the benefits of permitting the admission of the data outweigh the policy reasons for
14excluding it, and if the data is otherwise admissible, inform the person giving the
15notice of intent to prospect or mine that the data will be accepted by the department.
16Such exclusion shall not relate to
general environmental information such as soil
17characteristics, hydrologic conditions, and air and water data contained in
18publications, maps, documents, studies, reports, and similar sources, whether public
19or private, not prepared by or for the applicant. Such exclusion shall likewise not
20relate to data that is otherwise admissible and collected prior to notification under
21this subsection for purposes of evaluating another site or sites and that is not
22collected with intent to evade the provisions of this section.
AB756,101 23Section 101 . 293.31 (2) of the statutes is amended to read:
AB756,27,3
1293.31 (2) Upon receipt of notification under sub. (1), the department shall give
2public notice of the notification in the same manner as provided under s. 293.43 (2m)
3(3) (b).
AB756,102 4Section 102 . 293.31 (3) of the statutes is amended to read:
AB756,27,125 293.31 (3) The department shall also receive and consider any comments from
6interested persons received within 45 days after public notice is given under sub. (2)
7as to the information which they believe should be requested from the person giving
8notice of intent to apply for a prospecting or mining permit and the information
9which they believe the department should seek through independent studies. If the
10department holds a public informational hearing to receive comments from
11interested persons under this section, the hearing shall be completed within 45 days
12after public notice is given under sub. (2).
AB756,103 13Section 103 . 293.31 (4) of the statutes is amended to read:
AB756,28,614 293.31 (4) No later than 90 days after the period for receiving and considering
15After the receipt and consideration of comments from interested persons under sub.
16(3)
, the department shall inform the person giving notice of intent to apply for a
17prospecting or mining permit of the type and quantity of information that it then
18believes to be needed to support an application and, where applicable, the
19methodology to be used in gathering information. The department shall specifically
20inform the person giving notice of intent to apply for a prospecting or mining permit
21of the type and quantity of information on the characteristics of groundwater
22resources in the area in which prospecting or mining is anticipated to occur which
23the department believes is needed to support an application, including the
24information that the department believes should be included in the applicant's
25environmental impact report and the information that the department will need to

1prepare an environmental impact statement
. The department shall also inform
2begin informing the person giving notice of intent to apply for a prospecting or mining
3permit of as to the timely application date and other filing requirements for all other
4approvals, licenses, and permits relating to the proposed prospecting or mining
5project
so as to facilitate the consideration of all other matters at the hearing on the
6prospecting or mining permit
.
AB756,104 7Section 104 . 293.31 (4m) of the statutes is repealed.
AB756,105 8Section 105 . 293.32 (4) of the statutes is repealed.
AB756,106 9Section 106. 293.37 (4) (b) of the statutes is amended to read:
AB756,28,2010 293.37 (4) (b) If the department finds that the anticipated life and total area
11of a nonferrous metallic mineral deposit are of sufficient magnitude that reclamation
12of the mining site consistent with this chapter requires a comprehensive plan for the
13entire affected area, it shall require an operator to submit with the application for
14a mining permit, amended mining site or change in mining or reclamation plan, a
15comprehensive long-term plan showing, in detail satisfactory to the department, the
16manner, location and time for reclamation of the entire area of contiguous land which
17will be affected by mining and which is owned, leased or under option for purchase
18or lease by the operator at the time of application. Where a nonferrous metallic
19mineral deposit lies on or under the lands of more than one operator, the department
20shall require the operators to submit mutually consistent comprehensive plans.
AB756,107 21Section 107 . 293.37 (5) of the statutes is repealed.
AB756,108 22Section 108 . 293.40 of the statutes is repealed.
AB756,109 23Section 109 . 293.43 (1) of the statutes is amended to read:
AB756,28,2524 293.43 (1) Applicability. This section, and ch. 227 where it is consistent, shall
25govern all hearings on applications for prospecting or mining permits.
AB756,110
1Section 110. 293.43 (1m) (b) of the statutes is amended to read:
AB756,29,182 293.43 (1m) (b) Except as provided in this section paragraph, for all
3department issued approvals, licenses, and permits relating to prospecting or
4mining, including solid waste feasibility report approvals and permits related to air
5and water, to be issued after April 30, 1980, the notice, hearing, and comment
6process provisions, if any, and the time for issuance of decisions shall be controlled
7by this section and ss. 293.45 and 293.49. If an applicant fails to make application
8for an approval, license, or permit for an activity incidental to prospecting or mining
9in time for notice under this section to be provided, the notice and comment
10requirements, if any, shall be controlled by the specific statutory provisions with
11respect to that application. If notice under those specific statutory notice
12requirements can be given for consideration of the approval, license, or permit at the
13hearing under this section, the application shall be considered at that hearing;
14otherwise, the specific statutory hearing provisions, if any, with respect to that
15application shall control.
The substantive requirements for the issuance of any
16approval, permit, or license incidental to prospecting or mining are not affected by
17the fact that a hearing on the approval, permit, or license is conducted as part of a
18hearing under this section.
AB756,111 19Section 111 . 293.43 (2) of the statutes is created to read:
AB756,29,2220 293.43 (2) Location. The hearing shall be held in the county where the
21prospecting or mining site, or the largest portion of the prospecting or mining site,
22is located, but may subsequently be adjourned to other locations.
AB756,112 23Section 112 . 293.43 (2m) of the statutes is repealed.
AB756,113 24Section 113 . 293.43 (3) of the statutes is created to read:
AB756,30,12
1293.43 (3) Timing of notice and of hearing; giving of notice. (a) If it is
2determined that a statement under s. 1.11 is not required, the hearing shall be
3scheduled for a date not less than 60 days nor more than 90 days after the
4announcement of that determination, and the scheduling and providing of notice
5shall be completed not later than 10 days following the announcement. Notice of the
6hearing shall be given by mailing a copy of the notice to any known state agency
7required to issue a permit for the proposed operation, to the regional planning
8commission for the affected area, to the county, city, village, and town within which
9any part of the affected area lies, to all persons who have requested this notification
10and, if applicable, to all persons specified under par. (b) 3. and s. 281.35 (5) (b) and
11(6) (f). Written comments may be submitted to the department within 30 days of the
12date of notice.
AB756,30,2413 (b) If it is determined that a statement under s. 1.11 is required, or if an
14environmental impact statement is required under s. 293.39, the department shall
15hold at least one informational meeting regarding the preliminary environmental
16report within 60 days of its issuance. The meeting shall be held not sooner than 30
17days nor later than 60 days after the issuance of the report. The scheduling and
18providing of notice of the meeting shall be completed not later than 10 days following
19the issuance of the preliminary environmental report. A hearing referred to under
20sub. (1m) shall be scheduled for a date not less than 120 days nor more than 180 days
21after the issuance of the environmental impact statement. The scheduling and
22providing of notice of the hearing shall be completed within 30 days from the date
23of issuance of the environmental impact statement. The providing of notice shall be
24accomplished by doing all of the following:
AB756,31,7
11. Mailing a copy of the notice to all known departments and agencies required
2to grant any permit necessary for the proposed operation, to any regional planning
3commission within which the affected area lies, to the governing bodies of all towns,
4villages, cities and counties within which any part of the proposed prospecting or
5mining site lies, to the governing bodies of any towns, villages, or cities contiguous
6to any town, village, or city within which any part of the proposed prospecting or
7mining site lies and to any interested persons who have requested such notification.
AB756,31,148 2. Publication of a class 2 notice, under ch. 985, utilizing a display advertising
9format, in the weekly newspaper published in the closest geographic proximity to the
10proposed prospecting or mining site, in the newspaper having the largest circulation
11in the county within which the proposed site lies, and in those newspapers published
12in counties contiguous to the county within which the proposed site lies that have a
13substantial circulation in the area of, or adjacent to, the proposed prospecting or
14mining site.
AB756,31,2015 3. Mailing a copy of the notice to the U.S. environmental protection agency, U.S.
16army corps of engineers, and other states potentially affected by the proposed
17discharge if a water discharge permit under ch. 283 is to be considered at the hearing
18under this section and to the U.S. environmental protection agency and appropriate
19agencies in other states that may be affected if an air pollution control permit under
20ch. 285 is to be considered at the hearing under this section.
AB756,31,2521 (c) Written comments may be submitted by any governmental agency within
2280 days of the date of issuance of the statement under par. (b). Individual persons
23may submit written comments within 120 days of the date of issuance of the
24statement. The last day for receipt of comments shall be specified by the department
25in all notices.
AB756,114
1Section 114. 293.43 (3m) of the statutes is repealed.
AB756,115 2Section 115 . 293.43 (4) of the statutes is created to read:
AB756,32,93 293.43 (4) Participation by local governments. Any county, town, village, or
4city receiving notice of the filing of an application in the manner provided under sub.
5(3) (a) or (b) shall refer the application and reclamation plan to a committee
6established under s. 293.33 (1) or (2), if any, for review and comment. Such counties,
7towns, villages, or cities may participate as a party in the hearing on the application
8and may make recommendations on the reclamation plan and future use of the
9project site.
AB756,116 10Section 116 . 293.43 (4m) of the statutes is repealed.
AB756,117 11Section 117 . 293.43 (5) of the statutes is created to read:
AB756,32,2012 293.43 (5) Hearing procedure. (a) At the opening of the hearing, the hearing
13examiner shall advise all persons present of their right to express their views either
14orally or in writing, under oath or otherwise, and of the legal effect of each form of
15testimony. All interested persons, at the hearing or at a time set prior to the hearing,
16shall be given an opportunity, subject to reasonable limitations on the presentation
17of repetitious or irrelevant material, to express their views on any aspect of the
18matters under consideration. The presentation of these views need not be under oath
19nor subject to cross-examination. A written record of unsworn testimony shall be
20made.
AB756,32,2421 (b) Persons who wish to participate as parties shall file a written notice with
22the hearing examiner setting forth their interest at least 30 days prior to the
23scheduled time of the hearing or prior to the scheduled time of any prehearing
24conference, whichever is earlier, unless good cause is shown.
AB756,33,4
1(c) The record shall consist of the contested case portion of the proceeding.
2Views given under par. (a) and all written comments submitted from any source shall
3be placed in the file of the proceeding and shall be given appropriate probative value
4by the hearing examiner or decisionmaker.
AB756,33,55 (d) Hearings conducted under this section may be continued for just cause.
AB756,33,126 (e) If evidence of conformance with applicable zoning ordinances as required
7by s. 293.49 (1) (a) 6. is not presented by the time testimony is completed, the
8department shall close the record and continue the hearing. The duration of the
9continuance of the hearing shall be specified by the department at the time the
10continuance begins, after first requesting the applicant to state the anticipated time
11at which the evidence will be provided. The continuance may be extended by the
12department prior to its expiration upon notice to all parties if good cause is shown.
AB756,33,1513 (f) Each approval or denial of a license or permit considered at the hearing
14under this section shall be made in findings of fact, conclusions of law, and an order
15setting forth reasons with clarity and in detail.
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