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AB917,106 23Section 106 . 281.36 (4) (title) of the statutes is amended to read:
AB917,30,2424 281.36 (4) (title) Exemptions ; certain activities.
AB917,107 25Section 107 . 281.36 (4n) of the statutes is repealed.
AB917,108
1Section 108. 281.36 (6) (a) (intro.) of the statutes is amended to read:
AB917,31,42 281.36 (6) (a) (intro.) The department shall promulgate rules to interpret and
3implement the provisions under subs. (4), (4n), (4r), and (5). In promulgating these
4rules, the department shall do all of the following:
AB917,109 5Section 109 . 281.36 (9) (a) (intro.) of the statutes is amended to read:
AB917,31,116 281.36 (9) (a) (intro.) For purposes of determining whether to issue a wetland
7individual permit, whether authorization to proceed as authorized under a wetland
8general permit is appropriate, or whether an exemption under sub. (4), (4n), or (4r)
9is appropriate, and for purposes of enforcing this section, any employee or other
10representative of the department, upon presenting his or her credentials, may do any
11of the following:
AB917,110 12Section 110 . 281.36 (12m) of the statutes is repealed.
AB917,111 13Section 111 . 281.36 (13m) of the statutes is amended to read:
AB917,31,2114 281.36 (13m) Report to legislature. No later than January 31, 2003, and no
15later than January 31 of each subsequent odd-numbered year, the department shall
16submit to the legislature under s. 13.172 (2) a report that provides an analysis of the
17impact of the implementation of mitigation on wetland resources and on the issuance
18of permits or other approvals under ss. 59.692, 61.351, 61.353, 62.231, 62.233, 87.30,
19281.11 to 281.47 or 281.49 to 281.85 or ch. 30, 31, 283, 289, 291, 292, 293, 295, or 299.
20The department shall include in its report a discussion of proposals and projects
21under the property development grant program under s. 23.099.
AB917,112 22Section 112 . 281.37 of the statutes is repealed.
AB917,113 23Section 113 . 281.65 (2) (a) of the statutes is amended to read:
AB917,32,1124 281.65 (2) (a) “Best management practices" means practices, techniques or
25measures, except for dredging, identified in areawide water quality management

1plans, which are determined to be effective means of preventing or reducing
2pollutants generated from nonpoint sources, or from the sediments of inland lakes
3polluted by nonpoint sources, to a level compatible with water quality objectives
4established under this section and which do not have an adverse impact on fish and
5wildlife habitat. The practices, techniques or measures include land acquisition,
6storm sewer rerouting and the removal of structures necessary to install structural
7urban best management practices, facilities for the handling and treatment of
8milkhouse wastewater, repair of fences built using grants under this section and
9measures to prevent or reduce pollutants generated from mine tailings disposal sites
10for which the department has not approved a plan of operation under s. 289.30 or s.
11295.51
.
AB917,114 12Section 114 . 281.75 (17) (b) of the statutes is amended to read:
AB917,32,1413 281.75 (17) (b) This section does not apply to contamination which is
14compensable under subch. II of ch. 107 or s. 293.65 (4) or 295.61 (8).
AB917,115 15Section 115 . 283.84 (3m) of the statutes is amended to read:
AB917,32,1916 283.84 (3m) A person engaged in mining, as defined in s. 293.01 (9) or 295.41
17(26)
, prospecting, as defined in s. 293.01 (18), bulk sampling, as defined in s. 293.01
18(2m) or 295.41 (7),
or nonmetallic mining, as defined in s. 295.11 (3), may not enter
19into an agreement under sub. (1).
AB917,116 20Section 116 . 287.13 (5) (e) of the statutes is amended to read:
AB917,33,221 287.13 (5) (e) Solid waste produced by a commercial business or industry which
22is disposed of or held for disposal in an approved facility, as defined under s. 289.01
23(3), or a mining waste site, as defined in s. 295.41 (31), covered by a mining permit
24under s. 295.58,
owned or leased by the generator or on which the generator holds

1an easement
, and designed and constructed for the purpose of accepting that type of
2solid waste.
AB917,117 3Section 117 . 289.62 (2) (g) 2. of the statutes is amended to read:
AB917,33,54 289.62 (2) (g) 2. For nonhazardous tailing solids or for nonacid producing
5taconite tailing solids
, 0.2 cent per ton.
AB917,118 6Section 118 . 289.62 (2) (g) 6. of the statutes is amended to read:
AB917,33,87 289.62 (2) (g) 6. For nonhazardous waste rock or for nonacid producing taconite
8waste rock
, 0.1 cent per ton.
AB917,119 9Section 119 . 292.01 (1m) of the statutes is amended to read:
AB917,33,1110 292.01 (1m) “Approved mining facility" has the meaning given in s. 289.01 (4)
11and includes a mining waste site, as defined in s. 295.41 (31).
AB917,120 12Section 120 . Chapter 293 (title) of the statutes is amended to read:
AB917,33,1313 CHAPTER 293
AB917,33,14 14NONFERROUS METALLIC MINING
AB917,121 15Section 121 . 293.01 (2m) of the statutes is repealed.
AB917,122 16Section 122 . 293.01 (5) of the statutes is amended to read:
AB917,33,2317 293.01 (5) “Mineral exploration" or “exploration", unless the context requires
18otherwise, means the on-site geologic examination from the surface of an area by
19core, rotary, percussion or other drilling, where the diameter of the hole does not
20exceed 18 inches, for the purpose of searching for nonferrous metallic minerals or
21establishing the nature of a known nonferrous metallic mineral deposit, and includes
22associated activities such as clearing and preparing sites or constructing roads for
23drilling.
AB917,123 24Section 123 . 293.01 (7) of the statutes is amended to read:
AB917,34,10
1293.01 (7) “Merchantable by-product" means all waste soil, rock, mineral,
2liquid, vegetation and other material directly resulting from or displaced by the
3mining, cleaning or preparation of nonferrous metallic minerals during mining
4operations which are determined by the department to be marketable upon a
5showing of marketability made by the operator, accompanied by a verified statement
6by the operator of his or her intent to sell such material within 3 years from the time
7it results from or is displaced by mining. If after 3 years from the time merchantable
8by-product results from or is displaced by mining such material has not been
9transported off the mining site, it shall be considered and regulated as refuse unless
10removal is continuing at a rate of more than 12,000 cubic yards per year.
AB917,124 11Section 124 . 293.01 (8) of the statutes is created to read:
AB917,34,1312 293.01 (8) “Minerals" mean unbeneficiated metallic ore but does not include
13mineral aggregates such as stone, sand, and gravel.
AB917,125 14Section 125 . 293.01 (9) of the statutes is amended to read:
AB917,34,1915 293.01 (9) “Mining" or “mining operation" means all or part of the process
16involved in the mining of nonferrous metallic minerals, other than for exploration,
17bulk sampling,
or prospecting, including commercial extraction, agglomeration,
18beneficiation, construction of roads, removal of overburden and the production of
19refuse.
AB917,126 20Section 126 . 293.01 (12) of the statutes is amended to read:
AB917,35,221 293.01 (12) “Mining site" means the surface area disturbed by a mining
22operation, including the surface area from which the nonferrous metallic minerals
23or refuse or both have been removed, the surface area covered by refuse, all lands
24disturbed by the construction or improvement of haulageways, and any surface areas

1in which structures, equipment, materials and any other things used in the mining
2operation are situated.
AB917,127 3Section 127 . 293.01 (12m) of the statutes is repealed.
AB917,128 4Section 128 . 293.01 (18) of the statutes is amended to read:
AB917,35,175 293.01 (18) “Prospecting" means engaging in the examination of an area for the
6purpose of determining the quality and quantity of nonferrous metallic minerals,
7other than for exploration or bulk sampling but including the obtaining of a
8nonferrous metallic
mineral an ore sample, by such physical means as excavating,
9trenching, construction of shafts, ramps and tunnels and other means, other than for
10exploration or bulk sampling, which the department, by rule, identifies, and the
11production of prospecting refuse and other associated activities. “Prospecting" shall
12not include such activities when the activities are, by themselves, intended for and
13capable of commercial exploitation of the underlying nonferrous ore body. However,
14the fact that prospecting activities and construction may have use ultimately in
15mining, if approved, shall not mean that prospecting activities and construction
16constitute mining within the meaning of sub. (9), provided such activities and
17construction are reasonably related to prospecting requirements.
AB917,129 18Section 129 . 293.01 (25) of the statutes is amended to read:
AB917,35,2419 293.01 (25) “Refuse" means all waste soil, rock, mineral, liquid, vegetation and
20other material, except merchantable by-products, directly resulting from or
21displaced by the prospecting or mining and from the cleaning or preparation of
22nonferrous metallic minerals during prospecting or mining operations, and shall
23include all waste materials deposited on or in the prospecting or mining site from
24other sources.
AB917,130 25Section 130 . 293.13 (2) (b) (intro.) of the statutes is amended to read:
AB917,36,2
1293.13 (2) (b) (intro.) Minimum standards for exploration, bulk sampling,
2prospecting, and mining shall include the following:
AB917,131 3Section 131 . 293.13 (2) (b) 4. of the statutes is amended to read:
AB917,36,54 293.13 (2) (b) 4. Adequate diversion and drainage of water from the
5exploration, bulk sampling, prospecting, or mining site.
AB917,132 6Section 132 . 293.13 (2) (b) 7. of the statutes is amended to read:
AB917,36,87 293.13 (2) (b) 7. Removal and stockpiling, or other measures to protect topsoils
8prior to exploration, bulk sampling, prospecting, or mining.
AB917,133 9Section 133 . 293.13 (2) (c) (intro.) of the statutes is amended to read:
AB917,36,1210 293.13 (2) (c) (intro.) Minimum standards for reclamation of exploration and
11bulk sampling
sites, where appropriate, and for prospecting and mining sites shall
12conform to s. 293.01 (23) and include provision for the following:
AB917,134 13Section 134 . 293.13 (2) (c) 7. of the statutes is amended to read:
AB917,36,1714 293.13 (2) (c) 7. Revegetation to stabilize disturbed soils and prevent air and
15water pollution, with the objective of reestablishing a variety of populations of plants
16and animals indigenous to the area immediately prior to exploration, bulk sampling,
17prospecting, or mining.
AB917,135 18Section 135 . 293.15 (7m) of the statutes is repealed.
AB917,136 19Section 136 . 293.15 (8) of the statutes is amended to read:
AB917,37,220 293.15 (8) Promulgate rules regulating the production, storage and disposal
21of radioactive waste from exploration, bulk sampling, prospecting, or mining after
22seeking comments from the department of health services. At a minimum, rules
23promulgated under this subsection shall achieve the margin of safety provided in
24applicable federal statutes and regulations. If the department promulgates rules

1under this subsection, the department shall investigate the need for standards more
2restrictive than the applicable federal statutes and regulations.
AB917,137 3Section 137 . 293.21 (1) (a) of the statutes is amended to read:
AB917,37,54 293.21 (1) (a) “Driller" means a person who performs core, rotary, percussion
5or other drilling involved in exploration for nonferrous metallic minerals.
AB917,138 6Section 138 . 293.25 (2) (a) of the statutes is amended to read:
AB917,37,147 293.25 (2) (a) Applicability. Except as provided under par. (b), ss. 293.21 and
8293.81 and rules promulgated under those sections apply to radioactive waste site
9exploration, to activities related to radioactive waste site exploration and to persons
10engaging in or intending to engage in radioactive waste site exploration or related
11activities in the same manner as those sections and rules are applicable to
12nonferrous metallic mineral exploration, to activities related to nonferrous metallic
13mineral exploration and to persons engaging in or intending to engage in nonferrous
14metallic
mineral exploration or related activities.
AB917,139 15Section 139 . 293.25 (4) of the statutes is amended to read:
AB917,37,2416 293.25 (4) Regulation of exploration and related provisions. Sections
17293.13, 293.15 (1) to (12), 293.85, 293.87 and 293.89 and rules promulgated under
18those sections apply to radioactive waste site exploration, to activities related to
19radioactive waste site exploration and to persons engaging in or intending to engage
20in radioactive waste site exploration or related activities in the same manner as
21those sections and rules are applicable to nonferrous metallic mineral exploration,
22to activities related to nonferrous metallic mineral exploration and to persons
23engaging in or intending to engage in nonferrous metallic mineral exploration or
24related activities.
AB917,140 25Section 140 . 293.26 of the statutes is repealed.
AB917,141
1Section 141. 293.31 (title) of the statutes is amended to read:
AB917,38,2 2293.31 (title) Preapplication notification; data Data collection.
AB917,142 3Section 142 . 293.31 (1) of the statutes is amended to read:
AB917,39,124 293.31 (1) At least 12 months before filing an application for a prospecting
5permit under s. 293.35 or a mining permit under s. 293.37, a person proposing to
6engage in a prospecting or mining project shall notify the department in writing of
7the intention to apply for a prospecting or mining permit. A person who intends to
8give notice of intent to apply for a prospecting or mining permit may, prior to
9obtaining, collecting, or generating environmental data intended to be used to
10support the permit application, submit to the department the methodology that the
11person intends to use in obtaining, collecting, or generating the data. The
12department shall review the proposed methodology and shall either inform the
13person that the proposed methodology will be accepted by the department or provide
14the person with the methodology that the department requires to be used. The
15department may assess the person submitting the proposed methodology a fee equal
16to the department's costs for reviewing the proposed methodology. If a
Any person
17obtains, collects, or generates intending to submit an application for a prospecting
18or mining permit shall notify the department prior to the collection of
data or
19information intended to be used to support a prospecting or mining the permit
20application without obtaining department approval of the person's methodology
21under sub. (4), the department may not exclude any of the data or information that
22consists of
application. Specific environmental data which would be pertinent to a
23specific prospecting or mining application, but which was obtained or collected or
24generated prior to the notice of intent to apply for a prospecting or mining permit,
25shall be submitted in writing to the department together with any substantiating

1background information which would assist the department in establishing the
2validity of the data. The department shall review the data and, if it concludes that
3the benefits of permitting the admission of the data outweigh the policy reasons for
4excluding it, and if the data is otherwise admissible, inform the person giving the
5notice of intent to prospect or mine that the data will be accepted by the department.
6Such exclusion shall not relate to
general environmental information such as soil
7characteristics, hydrologic conditions, and air and water data contained in
8publications, maps, documents, studies, reports, and similar sources, whether public
9or private, not prepared by or for the applicant. Such exclusion shall likewise not
10relate to data that is otherwise admissible and collected prior to notification under
11this subsection for purposes of evaluating another site or sites and that is not
12collected with intent to evade the provisions of this section.
AB917,143 13Section 143 . 293.31 (2) of the statutes is amended to read:
AB917,39,1614 293.31 (2) Upon receipt of notification under sub. (1), the department shall give
15public notice of the notification in the same manner as provided under s. 293.43 (2m)
16(3) (b).
AB917,144 17Section 144 . 293.31 (3) of the statutes is amended to read:
AB917,39,2518 293.31 (3) The department shall also receive and consider any comments from
19interested persons received within 45 days after public notice is given under sub. (2)
20as to the information which they believe should be requested from the person giving
21notice of intent to apply for a prospecting or mining permit and the information
22which they believe the department should seek through independent studies. If the
23department holds a public informational hearing to receive comments from
24interested persons under this section, the hearing shall be completed within 45 days
25after public notice is given under sub. (2).
AB917,145
1Section 145. 293.31 (4) of the statutes is amended to read:
AB917,40,192 293.31 (4) No later than 90 days after the period for receiving and considering
3After the receipt and consideration of comments from interested persons under sub.
4(3)
, the department shall inform the person giving notice of intent to apply for a
5prospecting or mining permit of the type and quantity of information that it then
6believes to be needed to support an application and, where applicable, the
7methodology to be used in gathering information. The department shall specifically
8inform the person giving notice of intent to apply for a prospecting or mining permit
9of the type and quantity of information on the characteristics of groundwater
10resources in the area in which prospecting or mining is anticipated to occur which
11the department believes is needed to support an application, including the
12information that the department believes should be included in the applicant's
13environmental impact report and the information that the department will need to
14prepare an environmental impact statement
. The department shall also inform
15begin informing the person giving notice of intent to apply for a prospecting or mining
16permit of as to the timely application date and other filing requirements for all other
17approvals, licenses, and permits relating to the proposed prospecting or mining
18project
so as to facilitate the consideration of all other matters at the hearing on the
19prospecting or mining permit
.
AB917,146 20Section 146 . 293.31 (4m) of the statutes is repealed.
AB917,147 21Section 147 . 293.32 (4) of the statutes is repealed.
AB917,148 22Section 148 . 293.37 (4) (b) of the statutes is amended to read:
AB917,41,823 293.37 (4) (b) If the department finds that the anticipated life and total area
24of a nonferrous metallic mineral deposit are of sufficient magnitude that reclamation
25of the mining site consistent with this chapter requires a comprehensive plan for the

1entire affected area, it shall require an operator to submit with the application for
2a mining permit, amended mining site or change in mining or reclamation plan, a
3comprehensive long-term plan showing, in detail satisfactory to the department, the
4manner, location and time for reclamation of the entire area of contiguous land which
5will be affected by mining and which is owned, leased or under option for purchase
6or lease by the operator at the time of application. Where a nonferrous metallic
7mineral deposit lies on or under the lands of more than one operator, the department
8shall require the operators to submit mutually consistent comprehensive plans.
AB917,149 9Section 149 . 293.37 (5) of the statutes is repealed.
AB917,150 10Section 150 . 293.40 of the statutes is repealed.
AB917,151 11Section 151 . 293.43 (1) of the statutes is amended to read:
AB917,41,1312 293.43 (1) Applicability. This section, and ch. 227 where it is consistent, shall
13govern all hearings on applications for prospecting or mining permits.
AB917,152 14Section 152 . 293.43 (1m) (b) of the statutes is amended to read:
AB917,42,615 293.43 (1m) (b) Except as provided in this section paragraph, for all
16department issued approvals, licenses, and permits relating to prospecting or
17mining, including solid waste feasibility report approvals and permits related to air
18and water, to be issued after April 30, 1980, the notice, hearing, and comment
19process provisions, if any, and the time for issuance of decisions shall be controlled
20by this section and ss. 293.45 and 293.49. If an applicant fails to make application
21for an approval, license, or permit for an activity incidental to prospecting or mining
22in time for notice under this section to be provided, the notice and comment
23requirements, if any, shall be controlled by the specific statutory provisions with
24respect to that application. If notice under those specific statutory notice
25requirements can be given for consideration of the approval, license, or permit at the

1hearing under this section, the application shall be considered at that hearing;
2otherwise, the specific statutory hearing provisions, if any, with respect to that
3application shall control.
The substantive requirements for the issuance of any
4approval, permit, or license incidental to prospecting or mining are not affected by
5the fact that a hearing on the approval, permit, or license is conducted as part of a
6hearing under this section.
AB917,153 7Section 153 . 293.43 (2) of the statutes is created to read:
AB917,42,108 293.43 (2) Location. The hearing shall be held in the county where the
9prospecting or mining site, or the largest portion of the prospecting or mining site,
10is located, but may subsequently be adjourned to other locations.
AB917,154 11Section 154 . 293.43 (2m) of the statutes is repealed.
AB917,155 12Section 155 . 293.43 (3) of the statutes is created to read:
AB917,42,2413 293.43 (3) Timing of notice and of hearing; giving of notice. (a) If it is
14determined that a statement under s. 1.11 is not required, the hearing shall be
15scheduled for a date not less than 60 days nor more than 90 days after the
16announcement of that determination, and the scheduling and providing of notice
17shall be completed not later than 10 days following the announcement. Notice of the
18hearing shall be given by mailing a copy of the notice to any known state agency
19required to issue a permit for the proposed operation, to the regional planning
20commission for the affected area, to the county, city, village, and town within which
21any part of the affected area lies, to all persons who have requested this notification
22and, if applicable, to all persons specified under par. (b) 3. and s. 281.35 (5) (b) and
23(6) (f). Written comments may be submitted to the department within 30 days of the
24date of notice.
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