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AB917,23,18 9107.03 Conflicting claims. In case of conflicting claims to a crevice or range
10bearing nonferrous metallic ores or minerals the court may continue any action to
11enforce a claim or grant any necessary time for the purpose of allowing parties to
12prove up their mines or diggings if it satisfactorily appears necessary to the ends of
13justice. In such case the court or judge may appoint a receiver and provide that the
14mines or diggings be worked under the receiver's direction, subject to the order of the
15court, in such manner as best ascertains the respective rights of the parties. The
16nonferrous metallic ores or minerals raised by either party pending the dispute shall
17be delivered to the receiver, who may, by order of the court or judge, pay any rent or
18other necessary expenses therefrom.
AB917,83 19Section 83 . 107.04 of the statutes is amended to read:
AB917,24,6 20107.04 Lessee's fraud; failure to work mine. Any miner who conceals or
21disposes of any nonferrous metallic ores or minerals or mines or diggings for the
22purpose of defrauding the lessor of rent or who neglects to pay any rent on nonferrous
23metallic
ores or minerals raised by the miner for 3 days after the notice thereof and
24claim of the rent, shall forfeit all right to his or her mines, diggings or range; and the
25landlord after the concealment or after 3 days have expired from the time of

1demanding rent, may proceed against the miner to recover possession of the mines
2or diggings in circuit court as in the case of a tenant holding over after the
3termination of the lease. If a miner neglects to work his or her mines or diggings
4according to the usages of miners, without reasonable excuse, he or she shall likewise
5forfeit the mines or diggings and the landlord may proceed against the miner in like
6manner to recover possession of the mines or diggings.
AB917,84 7Section 84 . 107.11 of the statutes is amended to read:
AB917,24,19 8107.11 Account of nonferrous metallic minerals ore received. Every
9person operating a metal recovery system and every purchaser of nonferrous
10metallic
ores and minerals shall keep a substantially bound book, ruled into suitable
11columns, in which shall be entered from day to day, as nonferrous metallic ores or
12minerals are received, the following items: the day, month and year when received;
13the name of the person from whom purchased; the name of the person by whom
14hauled and delivered; name of the owner of the land from which the nonferrous
15metallic
ores or minerals were obtained, or if not known, the name of the diggings
16or some distinct description of the land. The bound book shall be kept at the furnace
17or at the usual place of business of such person or purchaser or his or her agent in
18this state, and shall be open to authorized representatives of the department of
19revenue at reasonable times for inspection and taking extracts.
AB917,85 20Section 85 . 107.12 of the statutes is amended to read:
AB917,25,2 21107.12 Penalty. If any person operating a metal recovery system or purchaser
22of nonferrous metallic ores and minerals or the agent of any such person or purchaser
23doing business fails to keep such a book or to make such entries as required under
24s. 107.11 or unreasonably refuses to show the book for inspection or taking extracts
25or makes false entries in the book he or she shall forfeit $10 for each offense, one-half

1to the use of the prosecutor; and each day such failure or refusal continues shall be
2deemed a distinct and separate offense.
AB917,86 3Section 86 . 107.20 (1) of the statutes is amended to read:
AB917,25,154 107.20 (1) Any provision of an exploration mining lease entered into after April
525, 1978, granting an option or right to determine the presence, location, quality or
6quantity of nonferrous metallic metalliferous minerals shall be limited to a term not
7exceeding 10 years from the date on which the exploration mining lease is recorded
8in the office of the register of deeds of the county where the property is located, except
9that any provision of an exploration mining lease entered into after April 25, 1978,
10granting an option or right to determine the quality and quantity of nonferrous
11metallic
metalliferous minerals under a prospecting permit shall be limited to a term
12not exceeding 10 years from the date that the lessee applies for a prospecting permit
13under s. 293.35, if the lessee applies for the prospecting permit within 10 years from
14the date on which the exploration mining lease is recorded in the office of the register
15of deeds of the county where the property is located.
AB917,87 16Section 87 . 107.20 (2) of the statutes is amended to read:
AB917,25,2117 107.20 (2) Any provision of an exploration mining lease entered into after April
1825, 1978, granting an option or right to develop or extract nonferrous metallic
19metalliferous minerals shall be limited to a term not exceeding 50 years from the date
20on which the exploration mining lease is recorded in the office of the register of deeds
21of the county where the property is located.
AB917,88 22Section 88 . 107.30 (8) of the statutes is amended to read:
AB917,26,223 107.30 (8) “Mining" or “mining operation" means all or part of the process
24involved in the mining of metallic minerals, other than for exploration or
25prospecting, including commercial extraction, agglomeration, beneficiation,

1construction of roads, removal of overburden, and the production of refuse
has the
2meaning given in s. 293.01 (9)
.
AB917,89 3Section 89 . 107.30 (15) of the statutes is amended to read:
AB917,26,164 107.30 (15) “Prospecting" means engaging in the examination of an area for the
5purpose of determining the quality and quantity of minerals, other than for
6exploration but including the obtaining of an ore sample, by such physical means as
7excavating, trenching, construction of shafts, ramps, and tunnels and other means,
8other than for exploration, which the department of natural resources, by rule,
9identifies, and the production of prospecting refuse and other associated activities.
10“Prospecting" does not include such activities when the activities are, by themselves,
11intended for and capable of commercial exploitation of the underlying ore body. The
12fact that prospecting activities and construction may have use ultimately in mining,
13if approved, does not mean that prospecting activities and construction constitute
14mining within the meaning of sub. (8), provided such activities and construction are
15reasonably related to prospecting requirements
has the meaning given in s. 293.01
16(18)
.
AB917,90 17Section 90 . 107.30 (16) of the statutes is amended to read:
AB917,26,2018 107.30 (16) “Prospecting site" means the lands on which prospecting is actually
19conducted as well as those lands on which physical disturbance will occur as a result
20of such activity
has the meaning given in s. 293.01 (21).
AB917,91 21Section 91 . 160.19 (12) of the statutes is amended to read:
AB917,27,322 160.19 (12) The requirements in this section shall not apply to rules governing
23an activity regulated under ch. 293 or subch. III of ch. 295, or to a solid waste facility
24regulated under subch. III of ch. 289 which is part of an activity regulated under ch.
25293 or subch. III of ch. 295, except that the department may promulgate new rules

1or amend rules governing this type of activity, practice or facility if the department
2determines that the amendment or promulgation of rules is necessary to protect
3public health, safety or welfare.
AB917,92 4Section 92 . 196.491 (3) (a) 3. b. of the statutes is amended to read:
AB917,27,195 196.491 (3) (a) 3. b. Except as provided under subd. 3. c., within Within 20 days
6after the department provides a listing specified in subd. 3. a. to a person, the person
7shall apply for the permits and approvals identified in the listing. The department
8shall determine whether an application under this subd. 3. b. is complete and, no
9later than 30 days after the application is filed, notify the applicant about the
10determination. If the department determines that the application is incomplete, the
11notice shall state the reason for the determination. An applicant may supplement
12and refile an application that the department has determined to be incomplete.
13There is no limit on the number of times that an applicant may refile an application
14under this subd. 3. b. If the department fails to determine whether an application
15is complete within 30 days after the application is filed, the application shall be
16considered to be complete. Except as provided in s. 30.025 (4), the department shall
17complete action on an application under this subd. 3. b. for any permit or approval
18that is required prior to construction of a facility within 120 days after the date on
19which the application is determined or considered to be complete.
AB917,93 20Section 93 . 196.491 (3) (a) 3. c. of the statutes is repealed.
AB917,94 21Section 94 . 196.491 (4) (b) 2. of the statutes is amended to read:
AB917,28,422 196.491 (4) (b) 2. The person shows to the satisfaction of the commission that
23the person reasonably anticipates, at the time that construction of the equipment or
24facilities commences, that on each day that the equipment and facilities are in
25operation the person will consume no less than 70 percent of the aggregate kilowatt

1hours output from the equipment and facilities in manufacturing processes at the
2site where the equipment and facilities are located or in ferrous mineral mining and
3processing activities governed by subch. III of ch. 295 at the site where the equipment
4and facilities are located
.
AB917,95 5Section 95 . 227.42 (4) of the statutes is created to read:
AB917,28,76 227.42 (4) This section does not apply if a hearing on the matter was conducted
7as a part of a hearing under s. 293.43.
AB917,96 8Section 96 . 227.483 (3) (c) of the statutes is repealed.
AB917,97 9Section 97 . 281.12 (2) of the statutes is repealed.
AB917,98 10Section 98 . 281.31 (2m) of the statutes is repealed and recreated to read:
AB917,28,1611 281.31 (2m) Notwithstanding any other provision of law or administrative
12rule, a shoreland zoning ordinance required under s. 59.692, a construction site
13erosion control and storm water management zoning ordinance authorized under s.
1459.693, 60.627, 61.354 or 62.234 or a wetland zoning ordinance required under s.
1561.351 or 62.231 does not apply to lands adjacent to farm drainage ditches if all of
16the following apply:
AB917,28,1717 (a) The lands are not adjacent to a natural navigable stream or river.
AB917,28,1918 (b) Those parts of the drainage ditches adjacent to these lands were
19nonnavigable streams before ditching.
AB917,28,2020 (c) The lands are maintained in nonstructural agricultural use.
AB917,99 21Section 99 . 281.35 (5) (e) of the statutes is amended to read:
AB917,28,2522 281.35 (5) (e) Right to hearing. Any Except as provided in s. 227.42 (4), any
23person who receives notice of a denial or modification requirement under par. (c) is
24entitled to a contested case hearing under ch. 227 if the person requests the hearing
25within 30 days after receiving the notice.
AB917,100
1Section 100. 281.36 (3b) (b) of the statutes is amended to read:
AB917,29,102 281.36 (3b) (b) No person may discharge dredged material or fill material into
3a wetland unless the discharge is authorized by a wetland general permit or
4individual permit issued by the department under this section or the discharge is
5exempt under sub. (4), (4m) (a), (4n), or (4r). No person may violate any condition
6contained in a wetland general or individual permit issued by the department under
7this section. The department may not issue a wetland general or individual permit
8under this section unless it determines that the discharge authorized pursuant to the
9wetland general or individual permit will comply with all applicable water quality
10standards.
AB917,101 11Section 101 . 281.36 (3g) (h) 2. of the statutes is amended to read:
AB917,29,1812 281.36 (3g) (h) 2. If, within 30 days after an application under subd. 1. is
13received by the department, the department does not either request additional
14information or inform the applicant that a wetland individual permit will be required
15as provided in par. (i), the discharge shall be considered to be authorized under the
16wetland general permit and the applicant may proceed without further notice,
17hearing, permit, or approval if the discharge is carried out in compliance with all of
18the conditions of the general permit, except as provided in s. 295.60 (3) (b).
AB917,102 19Section 102 . 281.36 (3m) (a) of the statutes is amended to read:
AB917,30,420 281.36 (3m) (a) When permit required. Any person wishing to proceed with a
21discharge into any wetland shall submit an application for a wetland individual
22permit under this subsection unless the discharge has been authorized under a
23wetland general permit as provided in sub. (3g) or is exempt under sub. (4), (4m) (a),
24(4n), or (4r). Before submitting the application, the department shall hold a meeting
25with the applicant to discuss the details of the proposed discharge and the

1requirements for submitting the application and for delineating the wetland. An
2applicant may include in the application a request for a public informational hearing.
3The application shall be accompanied by the applicable fee specified in sub. (11) or
4(12) (a).
AB917,103 5Section 103 . 281.36 (3n) (d) 1. of the statutes is amended to read:
AB917,30,126 281.36 (3n) (d) 1. Except as provided in subd. 2., the department shall require
7mitigation under the program established under sub. (3r) for wetland individual
8permits it issues under this subsection and for a discharge that is exempt from
9permitting requirements under sub. (4n) (b) that affects more than 10,000 square
10feet of wetland or under sub. (4n) (c) that affects more than 1.5 acres of wetland
. This
11subsection does not entitle an applicant to a wetland individual permit or any other
12approval in exchange for conducting mitigation.
AB917,104 13Section 104 . 281.36 (3r) (a) (intro.) of the statutes is amended to read:
AB917,30,2114 281.36 (3r) (a) (intro.) The department shall establish a mitigation program
15that applies only to the issuance of wetland individual permits and, with respect to
16a discharge that is exempt from permitting requirements under sub. (4n) (b) that
17affects more than 10,000 square feet of wetland or under sub. (4n) (c) that affects
18more than 1.5 acres of wetland, the portion of the affected wetland that exceeds
1910,000 square feet or 1.5 acres, respectively. Under the mitigation program, subject
20to par. (am), the department shall allow
and that allows mitigation to be
21accomplished by any of the following methods:
AB917,105 22Section 105 . 281.36 (3r) (am) of the statutes is repealed.
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:
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