AB917: Bill Text

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:

AB917,35,2 293.01 (12) “Mining site" means the surface area disturbed by a mining operation, including the surface area from which the nonferrous metallic minerals or refuse or both have been removed, the surface area covered by refuse, all lands disturbed by the construction or improvement of haulageways, and any surface areas in which structures, equipment, materials and any other things used in the mining operation are situated.

AB917,127 Section 127 . 293.01 (12m) of the statutes is repealed.

AB917,128 Section 128 . 293.01 (18) of the statutes is amended to read:

AB917,35,17 293.01 (18) “Prospecting" means engaging in the examination of an area for the purpose of determining the quality and quantity of nonferrous metallic minerals, other than for exploration or bulk sampling but including the obtaining of a nonferrous metallic mineral an ore sample, by such physical means as excavating, trenching, construction of shafts, ramps and tunnels and other means, other than for exploration or bulk sampling, which the department, by rule, identifies, and the production of prospecting refuse and other associated activities. “Prospecting" shall not include such activities when the activities are, by themselves, intended for and capable of commercial exploitation of the underlying nonferrous ore body. However, the fact that prospecting activities and construction may have use ultimately in mining, if approved, shall not mean that prospecting activities and construction constitute mining within the meaning of sub. (9), provided such activities and construction are reasonably related to prospecting requirements.

AB917,129 Section 129 . 293.01 (25) of the statutes is amended to read:

AB917,35,24 293.01 (25) “Refuse" means all waste soil, rock, mineral, liquid, vegetation and other material, except merchantable by-products, directly resulting from or displaced by the prospecting or mining and from the cleaning or preparation of nonferrous metallic minerals during prospecting or mining operations, and shall include all waste materials deposited on or in the prospecting or mining site from other sources.

AB917,130 Section 130 . 293.13 (2) (b) (intro.) of the statutes is amended to read:

AB917,36,2 293.13 (2) (b) (intro.) Minimum standards for exploration, bulk sampling, prospecting, and mining shall include the following:

AB917,131 Section 131 . 293.13 (2) (b) 4. of the statutes is amended to read:

AB917,36,5 293.13 (2) (b) 4. Adequate diversion and drainage of water from the exploration, bulk sampling, prospecting, or mining site.

AB917,132 Section 132 . 293.13 (2) (b) 7. of the statutes is amended to read:

AB917,36,8 293.13 (2) (b) 7. Removal and stockpiling, or other measures to protect topsoils prior to exploration, bulk sampling, prospecting, or mining.

AB917,133 Section 133 . 293.13 (2) (c) (intro.) of the statutes is amended to read:

AB917,36,12 293.13 (2) (c) (intro.) Minimum standards for reclamation of exploration and bulk sampling sites, where appropriate, and for prospecting and mining sites shall conform to s. 293.01 (23) and include provision for the following:

AB917,134 Section 134 . 293.13 (2) (c) 7. of the statutes is amended to read:

AB917,36,17 293.13 (2) (c) 7. Revegetation to stabilize disturbed soils and prevent air and water pollution, with the objective of reestablishing a variety of populations of plants and animals indigenous to the area immediately prior to exploration, bulk sampling, prospecting, or mining.

AB917,135 Section 135 . 293.15 (7m) of the statutes is repealed.

AB917,136 Section 136 . 293.15 (8) of the statutes is amended to read:

AB917,37,2 293.15 (8) Promulgate rules regulating the production, storage and disposal of radioactive waste from exploration, bulk sampling, prospecting, or mining after seeking comments from the department of health services. At a minimum, rules promulgated under this subsection shall achieve the margin of safety provided in applicable federal statutes and regulations. If the department promulgates rules under this subsection, the department shall investigate the need for standards more restrictive than the applicable federal statutes and regulations.

AB917,137 Section 137 . 293.21 (1) (a) of the statutes is amended to read:

AB917,37,5 293.21 (1) (a) “Driller" means a person who performs core, rotary, percussion or other drilling involved in exploration for nonferrous metallic minerals.

AB917,138 Section 138 . 293.25 (2) (a) of the statutes is amended to read:

AB917,37,14 293.25 (2) (a) Applicability. Except as provided under par. (b), ss. 293.21 and 293.81 and rules promulgated under those sections apply to radioactive waste site exploration, to activities related to radioactive waste site exploration and to persons engaging in or intending to engage in radioactive waste site exploration or related activities in the same manner as those sections and rules are applicable to nonferrous metallic mineral exploration, to activities related to nonferrous metallic mineral exploration and to persons engaging in or intending to engage in nonferrous metallic mineral exploration or related activities.

AB917,139 Section 139 . 293.25 (4) of the statutes is amended to read:

AB917,37,24 293.25 (4) Regulation of exploration and related provisions. Sections 293.13, 293.15 (1) to (12), 293.85, 293.87 and 293.89 and rules promulgated under those sections apply to radioactive waste site exploration, to activities related to radioactive waste site exploration and to persons engaging in or intending to engage in radioactive waste site exploration or related activities in the same manner as those sections and rules are applicable to nonferrous metallic mineral exploration, to activities related to nonferrous metallic mineral exploration and to persons engaging in or intending to engage in nonferrous metallic mineral exploration or related activities.

AB917,140 Section 140 . 293.26 of the statutes is repealed.

AB917,141 Section 141. 293.31 (title) of the statutes is amended to read:

AB917,38,2 293.31 (title) Preapplication notification; data Data collection.

AB917,142 Section 142 . 293.31 (1) of the statutes is amended to read:

AB917,39,12 293.31 (1) At least 12 months before filing an application for a prospecting permit under s. 293.35 or a mining permit under s. 293.37, a person proposing to engage in a prospecting or mining project shall notify the department in writing of the intention to apply for a prospecting or mining permit. A person who intends to give notice of intent to apply for a prospecting or mining permit may, prior to obtaining, collecting, or generating environmental data intended to be used to support the permit application, submit to the department the methodology that the person intends to use in obtaining, collecting, or generating the data. The department shall review the proposed methodology and shall either inform the person that the proposed methodology will be accepted by the department or provide the person with the methodology that the department requires to be used. The department may assess the person submitting the proposed methodology a fee equal to the department's costs for reviewing the proposed methodology. If a Any person obtains, collects, or generates intending to submit an application for a prospecting or mining permit shall notify the department prior to the collection of data or information intended to be used to support a prospecting or mining the permit application without obtaining department approval of the person's methodology under sub. (4), the department may not exclude any of the data or information that consists of application. Specific environmental data which would be pertinent to a specific prospecting or mining application, but which was obtained or collected or generated prior to the notice of intent to apply for a prospecting or mining permit, shall be submitted in writing to the department together with any substantiating background information which would assist the department in establishing the validity of the data. The department shall review the data and, if it concludes that the benefits of permitting the admission of the data outweigh the policy reasons for excluding it, and if the data is otherwise admissible, inform the person giving the notice of intent to prospect or mine that the data will be accepted by the department. Such exclusion shall not relate to general environmental information such as soil characteristics, hydrologic conditions, and air and water data contained in publications, maps, documents, studies, reports, and similar sources, whether public or private, not prepared by or for the applicant. Such exclusion shall likewise not relate to data that is otherwise admissible and collected prior to notification under this subsection for purposes of evaluating another site or sites and that is not collected with intent to evade the provisions of this section.

AB917,143 Section 143 . 293.31 (2) of the statutes is amended to read:

AB917,39,16 293.31 (2) Upon receipt of notification under sub. (1), the department shall give public notice of the notification in the same manner as provided under s. 293.43 (2m) (3) (b).

AB917,144 Section 144 . 293.31 (3) of the statutes is amended to read:

AB917,39,25 293.31 (3) The department shall also receive and consider any comments from interested persons received within 45 days after public notice is given under sub. (2) as to the information which they believe should be requested from the person giving notice of intent to apply for a prospecting or mining permit and the information which they believe the department should seek through independent studies. If the department holds a public informational hearing to receive comments from interested persons under this section, the hearing shall be completed within 45 days after public notice is given under sub. (2).

AB917,145 Section 145. 293.31 (4) of the statutes is amended to read: