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AB756,60 10Section 60. 107.30 (8) of the statutes is amended to read:
AB756,16,1511 107.30 (8) “Mining" or “mining operation" means all or part of the process
12involved in the mining of metallic minerals, other than for exploration or
13prospecting, including commercial extraction, agglomeration, beneficiation,
14construction of roads, removal of overburden, and the production of refuse
has the
15meaning given in s. 293.01 (9)
.
AB756,61 16Section 61. 107.30 (15) of the statutes is amended to read:
AB756,17,417 107.30 (15) “Prospecting" means engaging in the examination of an area for the
18purpose of determining the quality and quantity of minerals, other than for
19exploration but including the obtaining of an ore sample, by such physical means as
20excavating, trenching, construction of shafts, ramps, and tunnels and other means,
21other than for exploration, which the department of natural resources, by rule,
22identifies, and the production of prospecting refuse and other associated activities.
23“Prospecting" does not include such activities when the activities are, by themselves,
24intended for and capable of commercial exploitation of the underlying ore body. The
25fact that prospecting activities and construction may have use ultimately in mining,

1if approved, does not mean that prospecting activities and construction constitute
2mining within the meaning of sub. (8), provided such activities and construction are
3reasonably related to prospecting requirements
has the meaning given in s. 293.01
4(18)
.
AB756,62 5Section 62. 107.30 (16) of the statutes is amended to read:
AB756,17,86 107.30 (16) “Prospecting site" means the lands on which prospecting is actually
7conducted as well as those lands on which physical disturbance will occur as a result
8of such activity
has the meaning given in s. 293.01 (21).
AB756,63 9Section 63. 160.19 (12) of the statutes is amended to read:
AB756,17,1610 160.19 (12) The requirements in this section shall not apply to rules governing
11an activity regulated under ch. 293 or subch. III of ch. 295, or to a solid waste facility
12regulated under subch. III of ch. 289 which is part of an activity regulated under ch.
13293 or subch. III of ch. 295, except that the department may promulgate new rules
14or amend rules governing this type of activity, practice or facility if the department
15determines that the amendment or promulgation of rules is necessary to protect
16public health, safety or welfare.
AB756,64 17Section 64. 196.491 (3) (a) 3. b. of the statutes is amended to read:
AB756,18,718 196.491 (3) (a) 3. b. Except as provided under subd. 3. c., within Within 20 days
19after the department provides a listing specified in subd. 3. a. to a person, the person
20shall apply for the permits and approvals identified in the listing. The department
21shall determine whether an application under this subd. 3. b. is complete and, no
22later than 30 days after the application is filed, notify the applicant about the
23determination. If the department determines that the application is incomplete, the
24notice shall state the reason for the determination. An applicant may supplement
25and refile an application that the department has determined to be incomplete.

1There is no limit on the number of times that an applicant may refile an application
2under this subd. 3. b. If the department fails to determine whether an application
3is complete within 30 days after the application is filed, the application shall be
4considered to be complete. Except as provided in s. 30.025 (4), the department shall
5complete action on an application under this subd. 3. b. for any permit or approval
6that is required prior to construction of a facility within 120 days after the date on
7which the application is determined or considered to be complete.
AB756,65 8Section 65. 196.491 (3) (a) 3. c. of the statutes is repealed.
AB756,66 9Section 66. 196.491 (4) (b) 2. of the statutes is amended to read:
AB756,18,1710 196.491 (4) (b) 2. The person shows to the satisfaction of the commission that
11the person reasonably anticipates, at the time that construction of the equipment or
12facilities commences, that on each day that the equipment and facilities are in
13operation the person will consume no less than 70 percent of the aggregate kilowatt
14hours output from the equipment and facilities in manufacturing processes at the
15site where the equipment and facilities are located or in ferrous mineral mining and
16processing activities governed by subch. III of ch. 295 at the site where the equipment
17and facilities are located
.
AB756,67 18Section 67 . 227.42 (4) of the statutes is created to read:
AB756,18,2019 227.42 (4) This section does not apply if a hearing on the matter was conducted
20as a part of a hearing under s. 293.43.
AB756,68 21Section 68. 227.483 (3) (c) of the statutes is repealed.
AB756,69 22Section 69 . 281.35 (5) (e) of the statutes is amended to read:
AB756,19,223 281.35 (5) (e) Right to hearing. Any Except as provided in s. 227.42 (4), any
24person who receives notice of a denial or modification requirement under par. (c) is

1entitled to a contested case hearing under ch. 227 if the person requests the hearing
2within 30 days after receiving the notice.
AB756,70 3Section 70. 281.36 (3g) (h) 2. of the statutes is amended to read:
AB756,19,104 281.36 (3g) (h) 2. If, within 30 days after an application under subd. 1. is
5received by the department, the department does not either request additional
6information or inform the applicant that a wetland individual permit will be required
7as provided in par. (i), the discharge shall be considered to be authorized under the
8wetland general permit and the applicant may proceed without further notice,
9hearing, permit, or approval if the discharge is carried out in compliance with all of
10the conditions of the general permit, except as provided in s. 295.60 (3) (b).
AB756,71 11Section 71. 281.65 (2) (a) of the statutes is amended to read:
AB756,19,2412 281.65 (2) (a) “Best management practices" means practices, techniques or
13measures, except for dredging, identified in areawide water quality management
14plans, which are determined to be effective means of preventing or reducing
15pollutants generated from nonpoint sources, or from the sediments of inland lakes
16polluted by nonpoint sources, to a level compatible with water quality objectives
17established under this section and which do not have an adverse impact on fish and
18wildlife habitat. The practices, techniques or measures include land acquisition,
19storm sewer rerouting and the removal of structures necessary to install structural
20urban best management practices, facilities for the handling and treatment of
21milkhouse wastewater, repair of fences built using grants under this section and
22measures to prevent or reduce pollutants generated from mine tailings disposal sites
23for which the department has not approved a plan of operation under s. 289.30 or s.
24295.51
.
AB756,72 25Section 72. 281.75 (17) (b) of the statutes is amended to read:
AB756,20,2
1281.75 (17) (b) This section does not apply to contamination which is
2compensable under subch. II of ch. 107 or s. 293.65 (4) or 295.61 (8).
AB756,73 3Section 73. 283.84 (3m) of the statutes is amended to read:
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.
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