AB917: Bill Text

AB917,80 Section 80 . 107.01 (2) of the statutes is amended to read:

AB917,22,12 107.01 (2) The discovery of a crevice or range containing nonferrous metallic ores or minerals shall entitle the discoverer to the nonferrous metallic ores or minerals pertaining thereto, subject to the rent due the discoverer's landlord, before as well as after the nonferrous metallic ores or minerals are separated from the freehold; but such miner shall not be entitled to recover any nonferrous metallic ores or minerals or the value thereof from the person digging on the miner's range in good faith and known to be mining thereon until the miner shall have given notice of the miner's claim; and the miner shall be entitled to the nonferrous metallic ores or minerals dug after such notice.

AB917,81 Section 81 . 107.02 of the statutes is amended to read:

AB917,23,7 107.02 Mining statement; penalty. When there is no agreement between the parties to any mining lease, license or permit, to mine or remove nonferrous metallic minerals ore from any lands in this state, regulating the method of reporting the amount of nonferrous metallic minerals ore taken, the person mining and removing the nonferrous metallic minerals ore or ores shall keep proper and correct books, and therefrom to make and deliver by or before the fifteenth day of each month to the lessor, owner or person entitled thereto, a detailed statement covering the operations of the preceding month. The statement shall show the total amount of tons or pounds of each kind of nonferrous metallic minerals ore produced; if sold, then to whom sold, giving the date of sale, date of delivery to any railroad company, naming the company, and the station where delivered or billed for shipment; the name and address of the purchaser; the price per ton at which sold and the total value of each kind of nonferrous metallic minerals ore so sold. The books shall be always open to any owner, lessor, licensor or stockholder, if the owner, lessor or licensor is a corporation, and to any person or stockholder interested in any such mining operations, for the purpose of inspection and taking copies thereof or abstracts therefrom. Any person and every officer, agent or employee of any thereof, who violates this section, or who makes any false or incomplete entries on any such books or statements, shall be fined not less than $100 or imprisoned in the county jail for not more than 3 months or both.

AB917,82 Section 82 . 107.03 of the statutes is amended to read:

AB917,23,18 107.03 Conflicting claims. In case of conflicting claims to a crevice or range bearing nonferrous metallic ores or minerals the court may continue any action to enforce a claim or grant any necessary time for the purpose of allowing parties to prove up their mines or diggings if it satisfactorily appears necessary to the ends of justice. In such case the court or judge may appoint a receiver and provide that the mines or diggings be worked under the receiver's direction, subject to the order of the court, in such manner as best ascertains the respective rights of the parties. The nonferrous metallic ores or minerals raised by either party pending the dispute shall be delivered to the receiver, who may, by order of the court or judge, pay any rent or other necessary expenses therefrom.

AB917,83 Section 83 . 107.04 of the statutes is amended to read:

AB917,24,6 107.04 Lessee's fraud; failure to work mine. Any miner who conceals or disposes of any nonferrous metallic ores or minerals or mines or diggings for the purpose of defrauding the lessor of rent or who neglects to pay any rent on nonferrous metallic ores or minerals raised by the miner for 3 days after the notice thereof and claim of the rent, shall forfeit all right to his or her mines, diggings or range; and the landlord after the concealment or after 3 days have expired from the time of demanding rent, may proceed against the miner to recover possession of the mines or diggings in circuit court as in the case of a tenant holding over after the termination of the lease. If a miner neglects to work his or her mines or diggings according to the usages of miners, without reasonable excuse, he or she shall likewise forfeit the mines or diggings and the landlord may proceed against the miner in like manner to recover possession of the mines or diggings.

AB917,84 Section 84 . 107.11 of the statutes is amended to read:

AB917,24,19 107.11 Account of nonferrous metallic minerals ore received. Every person operating a metal recovery system and every purchaser of nonferrous metallic ores and minerals shall keep a substantially bound book, ruled into suitable columns, in which shall be entered from day to day, as nonferrous metallic ores or minerals are received, the following items: the day, month and year when received; the name of the person from whom purchased; the name of the person by whom hauled and delivered; name of the owner of the land from which the nonferrous metallic ores or minerals were obtained, or if not known, the name of the diggings or some distinct description of the land. The bound book shall be kept at the furnace or at the usual place of business of such person or purchaser or his or her agent in this state, and shall be open to authorized representatives of the department of revenue at reasonable times for inspection and taking extracts.

AB917,85 Section 85 . 107.12 of the statutes is amended to read:

AB917,25,2 107.12 Penalty. If any person operating a metal recovery system or purchaser of nonferrous metallic ores and minerals or the agent of any such person or purchaser doing business fails to keep such a book or to make such entries as required under s. 107.11 or unreasonably refuses to show the book for inspection or taking extracts or makes false entries in the book he or she shall forfeit $10 for each offense, one-half to the use of the prosecutor; and each day such failure or refusal continues shall be deemed a distinct and separate offense.

AB917,86 Section 86 . 107.20 (1) of the statutes is amended to read:

AB917,25,15 107.20 (1) Any provision of an exploration mining lease entered into after April 25, 1978, granting an option or right to determine the presence, location, quality or quantity of nonferrous metallic metalliferous minerals shall be limited to a term not exceeding 10 years from the date on which the exploration mining lease is recorded in the office of the register of deeds of the county where the property is located, except that any provision of an exploration mining lease entered into after April 25, 1978, granting an option or right to determine the quality and quantity of nonferrous metallic metalliferous minerals under a prospecting permit shall be limited to a term not exceeding 10 years from the date that the lessee applies for a prospecting permit under s. 293.35, if the lessee applies for the prospecting permit within 10 years from the date on which the exploration mining lease is recorded in the office of the register of deeds of the county where the property is located.

AB917,87 Section 87 . 107.20 (2) of the statutes is amended to read:

AB917,25,21 107.20 (2) Any provision of an exploration mining lease entered into after April 25, 1978, granting an option or right to develop or extract nonferrous metallic metalliferous minerals shall be limited to a term not exceeding 50 years from the date on which the exploration mining lease is recorded in the office of the register of deeds of the county where the property is located.

AB917,88 Section 88 . 107.30 (8) of the statutes is amended to read:

AB917,26,2 107.30 (8) “Mining" or “mining operation" means all or part of the process involved in the mining of metallic minerals, other than for exploration or prospecting, including commercial extraction, agglomeration, beneficiation, construction of roads, removal of overburden, and the production of refuse has the meaning given in s. 293.01 (9).

AB917,89 Section 89 . 107.30 (15) of the statutes is amended to read:

AB917,26,16 107.30 (15) “Prospecting" means engaging in the examination of an area for the purpose of determining the quality and quantity of minerals, other than for exploration but including the obtaining of an ore sample, by such physical means as excavating, trenching, construction of shafts, ramps, and tunnels and other means, other than for exploration, which the department of natural resources, by rule, identifies, and the production of prospecting refuse and other associated activities. “Prospecting" does not include such activities when the activities are, by themselves, intended for and capable of commercial exploitation of the underlying ore body. The fact that prospecting activities and construction may have use ultimately in mining, if approved, does not mean that prospecting activities and construction constitute mining within the meaning of sub. (8), provided such activities and construction are reasonably related to prospecting requirements has the meaning given in s. 293.01 (18).

AB917,90 Section 90 . 107.30 (16) of the statutes is amended to read:

AB917,26,20 107.30 (16) “Prospecting site" means the lands on which prospecting is actually conducted as well as those lands on which physical disturbance will occur as a result of such activity has the meaning given in s. 293.01 (21).

AB917,91 Section 91 . 160.19 (12) of the statutes is amended to read:

AB917,27,3 160.19 (12) The requirements in this section shall not apply to rules governing an activity regulated under ch. 293 or subch. III of ch. 295, or to a solid waste facility regulated under subch. III of ch. 289 which is part of an activity regulated under ch. 293 or subch. III of ch. 295, except that the department may promulgate new rules or amend rules governing this type of activity, practice or facility if the department determines that the amendment or promulgation of rules is necessary to protect public health, safety or welfare.

AB917,92 Section 92 . 196.491 (3) (a) 3. b. of the statutes is amended to read:

AB917,27,19 196.491 (3) (a) 3. b. Except as provided under subd. 3. c., within Within 20 days after the department provides a listing specified in subd. 3. a. to a person, the person shall apply for the permits and approvals identified in the listing. The department shall determine whether an application under this subd. 3. b. is complete and, no later than 30 days after the application is filed, notify the applicant about the determination. If the department determines that the application is incomplete, the notice shall state the reason for the determination. An applicant may supplement and refile an application that the department has determined to be incomplete. There is no limit on the number of times that an applicant may refile an application under this subd. 3. b. If the department fails to determine whether an application is complete within 30 days after the application is filed, the application shall be considered to be complete. Except as provided in s. 30.025 (4), the department shall complete action on an application under this subd. 3. b. for any permit or approval that is required prior to construction of a facility within 120 days after the date on which the application is determined or considered to be complete.

AB917,93 Section 93 . 196.491 (3) (a) 3. c. of the statutes is repealed.

AB917,94 Section 94 . 196.491 (4) (b) 2. of the statutes is amended to read:

AB917,28,4 196.491 (4) (b) 2. The person shows to the satisfaction of the commission that the person reasonably anticipates, at the time that construction of the equipment or facilities commences, that on each day that the equipment and facilities are in operation the person will consume no less than 70 percent of the aggregate kilowatt hours output from the equipment and facilities in manufacturing processes at the site where the equipment and facilities are located or in ferrous mineral mining and processing activities governed by subch. III of ch. 295 at the site where the equipment and facilities are located.

AB917,95 Section 95 . 227.42 (4) of the statutes is created to read:

AB917,28,7 227.42 (4) This section does not apply if a hearing on the matter was conducted as a part of a hearing under s. 293.43.

AB917,96 Section 96 . 227.483 (3) (c) of the statutes is repealed.

AB917,97 Section 97 . 281.12 (2) of the statutes is repealed.

AB917,98 Section 98 . 281.31 (2m) of the statutes is repealed and recreated to read:

AB917,28,16 281.31 (2m) Notwithstanding any other provision of law or administrative rule, a shoreland zoning ordinance required under s. 59.692, a construction site erosion control and storm water management zoning ordinance authorized under s. 59.693, 60.627, 61.354 or 62.234 or a wetland zoning ordinance required under s. 61.351 or 62.231 does not apply to lands adjacent to farm drainage ditches if all of the following apply:

AB917,28,17 (a) The lands are not adjacent to a natural navigable stream or river.

AB917,28,19 (b) Those parts of the drainage ditches adjacent to these lands were nonnavigable streams before ditching.

AB917,28,20 (c) The lands are maintained in nonstructural agricultural use.

AB917,99 Section 99 . 281.35 (5) (e) of the statutes is amended to read:

AB917,28,25 281.35 (5) (e) Right to hearing. Any Except as provided in s. 227.42 (4), any person who receives notice of a denial or modification requirement under par. (c) is entitled to a contested case hearing under ch. 227 if the person requests the hearing within 30 days after receiving the notice.

AB917,100 Section 100. 281.36 (3b) (b) of the statutes is amended to read:

AB917,29,10 281.36 (3b) (b) No person may discharge dredged material or fill material into a wetland unless the discharge is authorized by a wetland general permit or individual permit issued by the department under this section or the discharge is exempt under sub. (4), (4m) (a), (4n), or (4r). No person may violate any condition contained in a wetland general or individual permit issued by the department under this section. The department may not issue a wetland general or individual permit under this section unless it determines that the discharge authorized pursuant to the wetland general or individual permit will comply with all applicable water quality standards.

AB917,101 Section 101 . 281.36 (3g) (h) 2. of the statutes is amended to read:

AB917,29,18 281.36 (3g) (h) 2. If, within 30 days after an application under subd. 1. is received by the department, the department does not either request additional information or inform the applicant that a wetland individual permit will be required as provided in par. (i), the discharge shall be considered to be authorized under the wetland general permit and the applicant may proceed without further notice, hearing, permit, or approval if the discharge is carried out in compliance with all of the conditions of the general permit, except as provided in s. 295.60 (3) (b).

AB917,102 Section 102 . 281.36 (3m) (a) of the statutes is amended to read:

AB917,30,4 281.36 (3m) (a) When permit required. Any person wishing to proceed with a discharge into any wetland shall submit an application for a wetland individual permit under this subsection unless the discharge has been authorized under a wetland general permit as provided in sub. (3g) or is exempt under sub. (4), (4m) (a), (4n), or (4r). Before submitting the application, the department shall hold a meeting with the applicant to discuss the details of the proposed discharge and the requirements for submitting the application and for delineating the wetland. An applicant may include in the application a request for a public informational hearing. The application shall be accompanied by the applicable fee specified in sub. (11) or (12) (a).

AB917,103 Section 103 . 281.36 (3n) (d) 1. of the statutes is amended to read:

AB917,30,12 281.36 (3n) (d) 1. Except as provided in subd. 2., the department shall require mitigation under the program established under sub. (3r) for wetland individual permits it issues under this subsection and for a discharge that is exempt from permitting requirements under sub. (4n) (b) that affects more than 10,000 square feet of wetland or under sub. (4n) (c) that affects more than 1.5 acres of wetland. This subsection does not entitle an applicant to a wetland individual permit or any other approval in exchange for conducting mitigation.

AB917,104 Section 104 . 281.36 (3r) (a) (intro.) of the statutes is amended to read:

AB917,30,21 281.36 (3r) (a) (intro.) The department shall establish a mitigation program that applies only to the issuance of wetland individual permits and, with respect to a discharge that is exempt from permitting requirements under sub. (4n) (b) that affects more than 10,000 square feet of wetland or under sub. (4n) (c) that affects more than 1.5 acres of wetland, the portion of the affected wetland that exceeds 10,000 square feet or 1.5 acres, respectively. Under the mitigation program, subject to par. (am), the department shall allow and that allows mitigation to be accomplished by any of the following methods:

AB917,105 Section 105 . 281.36 (3r) (am) of the statutes is repealed.

AB917,106 Section 106 . 281.36 (4) (title) of the statutes is amended to read:

AB917,30,24 281.36 (4) (title) Exemptions ; certain activities.

AB917,107 Section 107 . 281.36 (4n) of the statutes is repealed.

AB917,108 Section 108. 281.36 (6) (a) (intro.) of the statutes is amended to read:

AB917,31,4 281.36 (6) (a) (intro.) The department shall promulgate rules to interpret and implement the provisions under subs. (4), (4n), (4r), and (5). In promulgating these rules, the department shall do all of the following:

AB917,109 Section 109 . 281.36 (9) (a) (intro.) of the statutes is amended to read:

AB917,31,11 281.36 (9) (a) (intro.) For purposes of determining whether to issue a wetland individual permit, whether authorization to proceed as authorized under a wetland general permit is appropriate, or whether an exemption under sub. (4), (4n), or (4r) is appropriate, and for purposes of enforcing this section, any employee or other representative of the department, upon presenting his or her credentials, may do any of the following:

AB917,110 Section 110 . 281.36 (12m) of the statutes is repealed.

AB917,111 Section 111 . 281.36 (13m) of the statutes is amended to read:

AB917,31,21 281.36 (13m) Report to legislature. No later than January 31, 2003, and no later than January 31 of each subsequent odd-numbered year, the department shall submit to the legislature under s. 13.172 (2) a report that provides an analysis of the impact of the implementation of mitigation on wetland resources and on the issuance of permits or other approvals under ss. 59.692, 61.351, 61.353, 62.231, 62.233, 87.30, 281.11 to 281.47 or 281.49 to 281.85 or ch. 30, 31, 283, 289, 291, 292, 293, 295, or 299. The department shall include in its report a discussion of proposals and projects under the property development grant program under s. 23.099.

AB917,112 Section 112 . 281.37 of the statutes is repealed.

AB917,113 Section 113 . 281.65 (2) (a) of the statutes is amended to read:

AB917,32,11 281.65 (2) (a) “Best management practices" means practices, techniques or measures, except for dredging, identified in areawide water quality management plans, which are determined to be effective means of preventing or reducing pollutants generated from nonpoint sources, or from the sediments of inland lakes polluted by nonpoint sources, to a level compatible with water quality objectives established under this section and which do not have an adverse impact on fish and wildlife habitat. The practices, techniques or measures include land acquisition, storm sewer rerouting and the removal of structures necessary to install structural urban best management practices, facilities for the handling and treatment of milkhouse wastewater, repair of fences built using grants under this section and measures to prevent or reduce pollutants generated from mine tailings disposal sites for which the department has not approved a plan of operation under s. 289.30 or s. 295.51.

AB917,114 Section 114 . 281.75 (17) (b) of the statutes is amended to read:

AB917,32,14 281.75 (17) (b) This section does not apply to contamination which is compensable under subch. II of ch. 107 or s. 293.65 (4) or 295.61 (8).

AB917,115 Section 115 . 283.84 (3m) of the statutes is amended to read:

AB917,32,19 283.84 (3m) A person engaged in mining, as defined in s. 293.01 (9) or 295.41 (26), prospecting, as defined in s. 293.01 (18), bulk sampling, as defined in s. 293.01 (2m) or 295.41 (7), or nonmetallic mining, as defined in s. 295.11 (3), may not enter into an agreement under sub. (1).

AB917,116 Section 116 . 287.13 (5) (e) of the statutes is amended to read:

AB917,33,2 287.13 (5) (e) Solid waste produced by a commercial business or industry which is disposed of or held for disposal in an approved facility, as defined under s. 289.01 (3), or a mining waste site, as defined in s. 295.41 (31), covered by a mining permit under s. 295.58, owned or leased by the generator or on which the generator holds an easement, and designed and constructed for the purpose of accepting that type of solid waste.

AB917,117 Section 117 . 289.62 (2) (g) 2. of the statutes is amended to read:

AB917,33,5 289.62 (2) (g) 2. For nonhazardous tailing solids or for nonacid producing taconite tailing solids, 0.2 cent per ton.

AB917,118 Section 118 . 289.62 (2) (g) 6. of the statutes is amended to read:

AB917,33,8 289.62 (2) (g) 6. For nonhazardous waste rock or for nonacid producing taconite waste rock, 0.1 cent per ton.

AB917,119 Section 119 . 292.01 (1m) of the statutes is amended to read:

AB917,33,11 292.01 (1m) “Approved mining facility" has the meaning given in s. 289.01 (4) and includes a mining waste site, as defined in s. 295.41 (31).

AB917,120 Section 120 . Chapter 293 (title) of the statutes is amended to read:

AB917,33,13 CHAPTER 293

AB917,33,14 NONFERROUS METALLIC MINING

AB917,121 Section 121 . 293.01 (2m) of the statutes is repealed.

AB917,122 Section 122 . 293.01 (5) of the statutes is amended to read:

AB917,33,23 293.01 (5) “Mineral exploration" or “exploration", unless the context requires otherwise, means the on-site geologic examination from the surface of an area by core, rotary, percussion or other drilling, where the diameter of the hole does not exceed 18 inches, for the purpose of searching for nonferrous metallic minerals or establishing the nature of a known nonferrous metallic mineral deposit, and includes associated activities such as clearing and preparing sites or constructing roads for drilling.

AB917,123 Section 123 . 293.01 (7) of the statutes is amended to read:

AB917,34,10 293.01 (7) “Merchantable by-product" means all waste soil, rock, mineral, liquid, vegetation and other material directly resulting from or displaced by the mining, cleaning or preparation of nonferrous metallic minerals during mining operations which are determined by the department to be marketable upon a showing of marketability made by the operator, accompanied by a verified statement by the operator of his or her intent to sell such material within 3 years from the time it results from or is displaced by mining. If after 3 years from the time merchantable by-product results from or is displaced by mining such material has not been transported off the mining site, it shall be considered and regulated as refuse unless removal is continuing at a rate of more than 12,000 cubic yards per year.

AB917,124 Section 124 . 293.01 (8) of the statutes is created to read:

AB917,34,13 293.01 (8) “Minerals" mean unbeneficiated metallic ore but does not include mineral aggregates such as stone, sand, and gravel.

AB917,125 Section 125 . 293.01 (9) of the statutes is amended to read:

AB917,34,19 293.01 (9) “Mining" or “mining operation" means all or part of the process involved in the mining of nonferrous metallic minerals, other than for exploration, bulk sampling, or prospecting, including commercial extraction, agglomeration, beneficiation, construction of roads, removal of overburden and the production of refuse.

AB917,126 Section 126 . 293.01 (12) of the statutes is amended to read: