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AB1137,103 13Section 103 . 293.31 (4) of the statutes is amended to read:
AB1137,28,614 293.31 (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
.
AB1137,104 7Section 104 . 293.31 (4m) of the statutes is repealed.
AB1137,105 8Section 105 . 293.32 (4) of the statutes is repealed.
AB1137,106 9Section 106. 293.37 (4) (b) of the statutes is amended to read:
AB1137,28,2010 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.
AB1137,107 21Section 107 . 293.37 (5) of the statutes is repealed.
AB1137,108 22Section 108 . 293.40 of the statutes is repealed.
AB1137,109 23Section 109 . 293.43 (1) of the statutes is amended to read:
AB1137,28,2524 293.43 (1) Applicability. This section, and ch. 227 where it is consistent, shall
25govern all hearings on applications for prospecting or mining permits.
AB1137,110
1Section 110. 293.43 (1m) (b) of the statutes is amended to read:
AB1137,29,182 293.43 (1m) (b) Except as provided in this section paragraph, for all
3department issued approvals, licenses, and permits relating to prospecting or
4mining, including solid waste feasibility report approvals and permits related to air
5and water, to be issued after April 30, 1980, the notice, hearing, and comment
6process provisions, if any, and the time for issuance of decisions shall be controlled
7by this section and ss. 293.45 and 293.49. If an applicant fails to make application
8for an approval, license, or permit for an activity incidental to prospecting or mining
9in time for notice under this section to be provided, the notice and comment
10requirements, if any, shall be controlled by this section and ss. 293.45 and 293.49
11with respect to that application. If notice under this section and ss. 293.45 and
12293.49 can be given for consideration of the approval, license, or permit at the
13hearing under this section, the application shall be considered at that hearing;
14otherwise, the specific statutory hearing provisions, if any, with respect to that
15application shall control.
The substantive requirements for the issuance of any
16approval, permit, or license incidental to prospecting or mining are not affected by
17the fact that a hearing on the approval, permit, or license is conducted as part of a
18hearing under this section.
AB1137,111 19Section 111 . 293.43 (2) of the statutes is created to read:
AB1137,29,2220 293.43 (2) Location. The hearing shall be held in the county where the
21prospecting or mining site, or the largest portion of the prospecting or mining site,
22is located, but may subsequently be adjourned to other locations.
AB1137,112 23Section 112 . 293.43 (2m) of the statutes is repealed.
AB1137,113 24Section 113 . 293.43 (3) of the statutes is created to read:
AB1137,30,12
1293.43 (3) Timing of notice and of hearing; giving of notice. (a) If it is
2determined that a statement under s. 1.11 is not required, the hearing shall be
3scheduled for a date not less than 60 days nor more than 90 days after the
4announcement of that determination, and the scheduling and providing of notice
5shall be completed not later than 10 days following the announcement. Notice of the
6hearing shall be given by mailing a copy of the notice to any known state agency
7required to issue a permit for the proposed operation, to the regional planning
8commission for the affected area, to the county, city, village, and town within which
9any part of the affected area lies, to all persons who have requested this notification
10and, if applicable, to all persons specified under par. (b) 3. and s. 281.35 (5) (b) and
11(6) (f). Written comments may be submitted to the department within 30 days of the
12date of notice.
AB1137,30,2413 (b) If it is determined that a statement under s. 1.11 is required, or if an
14environmental impact statement is required under s. 293.39, the department shall
15hold at least one informational meeting regarding the preliminary environmental
16report within 60 days of its issuance. The meeting shall be held not sooner than 30
17days nor later than 60 days after the issuance of the report. The scheduling and
18providing of notice of the meeting shall be completed not later than 10 days following
19the issuance of the preliminary environmental report. A hearing referred to under
20sub. (1m) shall be scheduled for a date not less than 120 days nor more than 180 days
21after the issuance of the environmental impact statement. The scheduling and
22providing of notice of the hearing shall be completed within 30 days from the date
23of issuance of the environmental impact statement. The providing of notice shall be
24accomplished by doing all of the following:
AB1137,31,7
11. Mailing a copy of the notice to all known departments and agencies required
2to grant any permit necessary for the proposed operation, to any regional planning
3commission within which the affected area lies, to the governing bodies of all towns,
4villages, cities and counties within which any part of the proposed prospecting or
5mining site lies, to the governing bodies of any towns, villages, or cities contiguous
6to any town, village, or city within which any part of the proposed prospecting or
7mining site lies and to any interested persons who have requested such notification.
AB1137,31,148 2. Publication of a class 2 notice under ch. 985, utilizing a display advertising
9format, in the weekly newspaper published in the closest geographic proximity to the
10proposed prospecting or mining site, in the newspaper having the largest circulation
11in the county within which the proposed site lies, and in those newspapers published
12in counties contiguous to the county within which the proposed site lies that have a
13substantial circulation in the area of, or adjacent to, the proposed prospecting or
14mining site.
AB1137,31,2015 3. Mailing a copy of the notice to the U.S. environmental protection agency, U.S.
16army corps of engineers, and other states potentially affected by the proposed
17discharge if a water discharge permit under ch. 283 will be considered at the hearing
18under this section and to the U.S. environmental protection agency and appropriate
19agencies in other states that may be affected if an air pollution control permit under
20ch. 285 will be considered at the hearing under this section.
AB1137,31,2521 (c) Written comments may be submitted by any governmental agency within
2280 days of the date of issuance of the statement under par. (b). Individual persons
23may submit written comments within 120 days of the date of issuance of the
24statement. The last day for receipt of comments shall be specified by the department
25in all notices.
AB1137,114
1Section 114. 293.43 (3m) of the statutes is repealed.
AB1137,115 2Section 115 . 293.43 (4) of the statutes is created to read:
AB1137,32,93 293.43 (4) Participation by local governments. Any county, town, village, or
4city receiving notice of the filing of an application in the manner provided under sub.
5(3) (a) or (b) shall refer the application and reclamation plan to a committee
6established under s. 293.33 (1) or (2), if any, for review and comment. Such counties,
7towns, villages, and cities may participate as a party in the hearing on the
8application and may make recommendations on the reclamation plan and future use
9of the project site.
AB1137,116 10Section 116 . 293.43 (4m) of the statutes is repealed.
AB1137,117 11Section 117 . 293.43 (5) of the statutes is created to read:
AB1137,32,2012 293.43 (5) Hearing procedure. (a) At the opening of the hearing, the hearing
13examiner shall advise all persons present of their right to express their views either
14orally or in writing, under oath or otherwise, and of the legal effect of each form of
15testimony. All interested persons, at the hearing or at a time set prior to the hearing,
16shall be given an opportunity, subject to reasonable limitations on the presentation
17of repetitious or irrelevant material, to express their views on any aspect of the
18matters under consideration. The presentation of these views need not be under oath
19nor subject to cross-examination. A written record of unsworn testimony shall be
20made.
AB1137,32,2421 (b) Persons who wish to participate as parties shall file a written notice with
22the hearing examiner setting forth their interest at least 30 days prior to the
23scheduled time of the hearing or prior to the scheduled time of any prehearing
24conference, whichever is earlier, unless good cause is shown.
AB1137,33,4
1(c) The record shall consist of the contested case portion of the proceeding.
2Views given under par. (a) and all written comments submitted from any source shall
3be placed in the file of the proceeding and shall be given appropriate probative value
4by the hearing examiner.
AB1137,33,55 (d) Hearings conducted under this section may be continued for just cause.
AB1137,33,126 (e) If evidence of conformance with applicable zoning ordinances as required
7by s. 293.49 (1) (a) 6. is not presented by the time testimony is completed, the
8department shall close the record and continue the hearing. The duration of the
9continuance of the hearing shall be specified by the department at the time the
10continuance begins, after first requesting the applicant to state the anticipated time
11at which the evidence will be provided. The continuance may be extended by the
12department prior to its expiration upon notice to all parties if good cause is shown.
AB1137,33,1513 (f) Each approval or denial of a license or permit considered at the hearing
14under this section shall be made in findings of fact, conclusions of law, and an order
15setting forth reasons with clarity and in detail.
AB1137,118 16Section 118. 293.47 (1) (b) of the statutes is amended to read:
AB1137,33,2117 293.47 (1) (b) “Geologic information" means information concerning
18descriptions of a nonferrous an ore body, descriptions of reserves, tonnages, and
19grades of nonferrous ore, descriptions of a drill core or bulk sample including
20analysis, and descriptions of drill hole depths, distances, and similar information
21related to the nonferrous ore body.
AB1137,119 22Section 119 . 293.49 (1) (a) (intro.) of the statutes is amended to read:
AB1137,33,2523 293.49 (1) (a) (intro.) Except as provided in sub. (2) and s. 293.50 and except
24with respect to property specified in s. 41.41 (11), within 90 days of the completion
25of the public hearing record, the department shall issue the mining permit if it finds:
AB1137,120
1Section 120. 293.49 (1) (a) 2m. of the statutes is repealed.
AB1137,121 2Section 121 . 293.495 of the statutes is repealed.
AB1137,122 3Section 122 . 293.50 of the statutes is created to read:
AB1137,34,5 4293.50 Additional requirements on issuance of permits for mining of
5sulfide ore bodies.
(1) In this section:
AB1137,34,116 (a) “Pollution" means degradation that results in a violation of any
7environmental law as determined by an administrative proceeding, civil action,
8criminal action or other legal proceeding. For the purpose of this paragraph,
9issuance of an order or acceptance of an agreement requiring corrective action or a
10stipulated fine, forfeiture, or other penalty is considered a determination of a
11violation, regardless of whether there is a finding or admission of liability.
AB1137,34,1312 (b) “Sulfide ore body" means a mineral deposit in which metals are mixed with
13sulfide minerals.
AB1137,34,15 14(2) The department may not issue a permit under s. 293.49 for the purpose of
15the mining of a sulfide ore body until all of the following conditions are satisfied:
AB1137,34,2116 (a) The department determines, based on information provided by an applicant
17for a permit under s. 293.49 and verified by the department, that a mining operation
18has operated in a sulfide ore body which, together with the host rock, has a net acid
19generating potential in the United States or Canada for at least 10 years without the
20pollution of groundwater or surface water from acid drainage at the tailings site or
21at the mine site or from the release of heavy metals.
AB1137,35,222 (b) The department determines, based on information provided by an applicant
23for a permit under s. 293.49 and verified by the department, that a mining operation
24that operated in a sulfide ore body which, together with the host rock, has a net acid
25generating potential in the United States or Canada has been closed for at least 10

1years without the pollution of groundwater or surface water from acid drainage at
2the tailings site or at the mine site or from the release of heavy metals.
AB1137,35,8 3(2m) (a) The department may not base its determination under sub. (2) (a) or
4(b) on any mining operation that has been listed on the national priorities list under
542 USC 9605 (a) (8) (B) or any mining operation for which the operator is no longer
6in business and has no successor that may be liable for any contamination from the
7mining operation and for which there are no other persons that may be liable for any
8contamination from the mining operation.
AB1137,35,139 (b) The department may not base its determination under sub. (2) (a) or (b) on
10a mining operation unless the department determines, based on relevant data from
11groundwater or surface water monitoring, that the mining operation has not caused
12significant environmental pollution, as defined in s. 293.01 (4), from acid drainage
13at the tailings site or at the mine site or from the release of heavy metals.
AB1137,35,15 14(3) This section applies without regard to the date of submission of the permit
15application.
AB1137,123 16Section 123 . 293.51 (title) of the statutes is amended to read:
AB1137,35,17 17293.51 (title) Bonds and other security.
AB1137,124 18Section 124. 293.51 (1) of the statutes is amended to read:
AB1137,36,919 293.51 (1) Upon notification that an application for a prospecting or mining
20permit has been approved by the department but prior to commencing prospecting
21or mining, the operator shall file with the department a bond conditioned on faithful
22performance of all of the requirements of this chapter and all rules adopted by the
23department under this chapter. The bond shall be furnished by a surety company
24licensed to do business in this state. In lieu of a bond, the operator may deposit cash,
25certificates of deposit, or government securities with the department. Interest

1received on certificates of deposit and government securities shall be paid to the
2operator. The amount of the bond or other security required shall be equal to the
3estimated cost to the state of fulfilling the reclamation plan, in relation to that
4portion of the site that will be disturbed by the end of the following year. The
5estimated cost of reclamation of each prospecting or mining site shall be determined
6by the department on the basis of relevant factors including, but not limited to,
7expected changes in the price index, topography of the site, methods being employed,
8depth and composition of overburden and depth of nonferrous metallic mineral
9deposit being mined.
AB1137,125 10Section 125 . 293.51 (1g) of the statutes is repealed.
AB1137,126 11Section 126 . 293.51 (1m) of the statutes is repealed.
AB1137,127 12Section 127 . 293.51 (1r) of the statutes is repealed.
AB1137,128 13Section 128 . 293.51 (3) of the statutes is amended to read:
AB1137,36,1714 293.51 (3) Upon approval of the operator's bond or other security under subs.
15(1), (1g), (1m), and (1r)
, mining application, and certificate of insurance, the
16department shall issue written authorization to commence mining at the permitted
17mining site in accordance with the approved mining and reclamation plans.
AB1137,129 18Section 129 . 293.51 (5) of the statutes is repealed.
AB1137,130 19Section 130 . 293.55 (1) (c) of the statutes is amended to read:
AB1137,36,2320 293.55 (1) (c) Substantial changes. The department shall determine if any
21change in the mining or reclamation plans is substantial and provide notice of its
22determination in the same manner as specified under s. 293.43 (2m) (b) (3) (b) 1. to
233
.
AB1137,131 24Section 131 . 293.55 (1) (d) of the statutes is amended to read:
AB1137,37,6
1293.55 (1) (d) Notice. The department shall provide notice of any modification
2which involves an increase or decrease in the area of a mining site or a substantial
3change in the mining or reclamation plan in the same manner as an original
4application for a mining permit under s. 293.43 (2m) (3). If 5 or more interested
5persons do not request a hearing in writing within 30 days of notice, no hearing is
6required on the modification. The notice shall include a statement to this effect.
AB1137,132 7Section 132. 293.65 (3) (a) of the statutes is amended to read:
AB1137,37,128 293.65 (3) (a) An approval under s. 281.34 is required to withdraw groundwater
9for prospecting or mining or to dewater mines if the capacity and rate of withdrawal
10of all wells involved in the withdrawal of groundwater or the dewatering of mines
11exceeds 100,000 gallons each day. A permit under s. 283.31 is required to discharge
12pollutants resulting from the dewatering of mines.
AB1137,133 13Section 133 . 293.65 (3) (b) of the statutes is amended to read:
AB1137,38,1014 293.65 (3) (b) The department may not issue an approval under s. 281.34 if the
15withdrawal of groundwater for prospecting or mining purposes or the dewatering of
16mines will result in the unreasonable detriment of public or private water supplies
17or the unreasonable detriment of public rights in the waters of the state. No
18withdrawal of groundwater for prospecting or mining purposes or the dewatering of
19mines may be made to the unreasonable detriment of public or private water supplies
20or the unreasonable detriment of public rights in the waters of the state.
21Notwithstanding any limitation on approval conditions in s. 281.34, if the
22department determines that a proposed withdrawal of groundwater or dewatering
23of mines will result in the unreasonable detriment of public or private water supplies
24or the unreasonable detriment of public rights in the waters of the state the
25department shall include conditions in the mining or prospecting permit or in an

1approval issued under s. 281.34 to ensure that the withdrawal or dewatering will not
2result in the unreasonable detriment of public or private water supplies or the
3unreasonable detriment of public rights in the waters of the state. These conditions
4may include a requirement that the applicant for the mining or prospecting permit
5or approval under s. 281.34 provide a replacement water supply of similar quality,
6provide an increased amount of water to the water supply, or temporarily augment
7the quantity of water in, or flowing into or from, the affected waters of the state that
8is of substantially similar quality and that has substantially similar characteristics
9to the water that was in the affected waters of the state before any proposed mining
10or prospecting activity began.
AB1137,134 11Section 134 . 293.66 of the statutes is repealed.
AB1137,135 12Section 135 . 293.81 of the statutes is amended to read:
AB1137,39,3 13293.81 Exploring, bulk sampling, prospecting, and mining without
14authorization.
Any person who engages in exploration without a license or bulk
15sampling without the necessary license or approvals
shall forfeit not less than $100
16nor more than $1,000 for each parcel as defined under s. 293.21 (1) (b) on which
17unlicensed exploration or bulk sampling without the necessary license or approvals
18took place. Any person who authorizes or engages in prospecting without a
19prospecting permit or any operator who authorizes or engages in mining without a
20mining permit and written authorization to mine under s. 293.51 (3) shall forfeit all
21profits obtained from such illegal activities and not more than $10,000 for each day
22during which the mine was in operation. The operator shall be liable to the
23department for the full cost of reclaiming the affected area of land and any damages
24caused by the mining operation. Each day's violation of this section shall be deemed
25a separate offense. If the violator is a corporation, limited liability company,

1partnership or association, any officer, director, member, manager or partner who
2knowingly authorizes, supervises or contracts for exploration, bulk sampling,
3prospecting, or mining shall also be subject to the penalties of this section.
AB1137,136 4Section 136. 293.86 of the statutes is amended to read:
AB1137,39,16 5293.86 Visitorial powers of department. Any duly authorized officer,
6employee or representative of the department may enter and inspect any property,
7premises or place on or at which any prospecting or metallic mining operation or
8facility is located or is being constructed or installed at any reasonable time for the
9purpose of ascertaining the state of compliance with this chapter and chs. 281, 285,
10289 to 292, 295, and 299, subchs. I and II of ch. 295, and rules adopted pursuant
11thereto. No person may refuse entry or access to any such authorized representative
12of the department who requests entry for purposes of inspection, and who presents
13appropriate credentials, nor may any person obstruct, hamper or interfere with any
14such inspection. The department shall furnish to the prospector or operator, as
15indicated in the prospecting or mining permit, a written report setting forth all
16observations, relevant information and data which relate to compliance status.
AB1137,137 17Section 137 . 293.95 of the statutes is repealed and recreated to read:
AB1137,39,19 18293.95 Review. Any person aggrieved by any decision of the department
19under this chapter may obtain its review under ch. 227.
AB1137,138 20Section 138. Chapter 295 (title) of the statutes is amended to read:
AB1137,39,2121 CHAPTER 295
AB1137,39,2322 NONMETALLIC MINING RECLAMATION;
23 OIL AND GAS; FERROUS METALLIC MINING
AB1137,139 24Section 139. 295.16 (4) (f) of the statutes is amended to read:
AB1137,40,2
1295.16 (4) (f) Any mining operation, the reclamation of which is required in a
2permit obtained under ch. 293 or subch. III of ch. 295.
AB1137,140 3Section 140. Subchapter III of chapter 295 [precedes 295.40] of the statutes
4is repealed.
AB1137,141 5Section 141. 299.85 (7) (a) 2. of the statutes, as affected by 2021 Wisconsin Act
678
, is amended to read:
AB1137,40,217 299.85 (7) (a) 2. Notwithstanding minimum or maximum forfeitures specified
8in ss. 29.314 (7), 29.334 (2), 29.604 (5) (a), 29.611 (11), 29.889 (10) (c) 2., 29.969,
929.971 (1) (a), (1m) (a), (3), (3m), (11g) (b), (11m) (b), and (11r) (b), 30.298 (1), (2), and
10(3), 30.49 (1) (a) and (c), 31.23 (2), 281.75 (19), 281.98 (1), 281.99 (2) (a) 1., 283.91 (2),
11285.41 (7), 285.57 (5), 285.59 (8), 285.87 (1), 287.95 (1), (2) (b), and (3) (b), 287.97,
12289.96 (2) and (3) (a), 291.97 (1), 292.99 (1) and (1m), 293.81, 293.87 (3) and (4) (a),
13295.19 (3) (a) and (b) 1., 295.37 (2), 295.79 (2) and (4), 299.15 (4), 299.51 (5), 299.53
14(4) (c) 1., 299.62 (3) (a) and (c), and 299.97 (1), if a regulated entity that qualifies
15under sub. (2) for participation in the Environmental Compliance Audit Program
16corrects violations that it discloses in a report that meets the requirements of sub.
17(3) within 60 days or, if the entity is a small business stationary source, within 180
18days or within 360 days if the correction involves a pollution prevention modification,
19after the department receives the report that meets the requirements of sub. (3), the
20regulated entity may not be required to forfeit more than $500 for each violation,
21regardless of the number of days during which the violation continues.
AB1137,142 22Section 142. 299.85 (7) (a) 4. of the statutes is amended to read:
AB1137,41,923 299.85 (7) (a) 4. Notwithstanding minimum or maximum forfeitures specified
24in ss. 29.314 (7), 29.334 (2), 29.604 (5) (a), 29.611 (11), 29.889 (10) (c) 2., 29.969,
2529.971 (1) (a), (1m) (a), (3), (3m), (11g) (b), (11m) (b), and (11r) (b), 30.298 (1), (2), and

1(3), 30.49 (1) (a) and (c), 31.23 (2), 281.75 (19), 281.98 (1), 281.99 (2) (a) 1., 283.91 (2),
2285.41 (7), 285.57 (5), 285.59 (8), 285.87 (1), 287.95 (1), (2) (b), and (3) (b), 287.97,
3289.96 (2) and (3) (a), 291.97 (1), 292.99 (1) and (1m), 293.81, 293.87 (3) and (4) (a),
4295.19 (3) (a) and (b) 1., 295.37 (2), 295.79 (2) and (4), 299.15 (4), 299.51 (5), 299.53
5(4) (c) 1., 299.62 (3) (a) and (c), and 299.97 (1), if the department approves a
6compliance schedule under sub. (6) and the regulated entity corrects the violations
7according to the compliance schedule, the regulated entity may not be required to
8forfeit more than $500 for each violation, regardless of the number of days during
9which the violation continues.
AB1137,143 10Section 143. 299.95 of the statutes is amended to read:
AB1137,42,2 11299.95 Enforcement; duty of department of justice; expenses. The
12attorney general shall enforce chs. 281 to 285 and 289 to 295 and this chapter, except
13ss. 285.57, 285.59, and 299.64, and all rules, special orders, licenses, plan approvals,
14permits, and water quality certifications of the department, except those
15promulgated or issued under ss. 285.57, 285.59, and 299.64 and except as provided
16in ss. 281.36 (14) (f), 285.86 and 299.85 (7) (am). Except as provided in s. 295.79 (1),
17the
The circuit court for Dane county or for any other county where a violation
18occurred in whole or in part has jurisdiction to enforce chs. 281 to 285 and 289 to 295
19or this chapter or the rule, special order, license, plan approval, permit, or
20certification by injunctional and other relief appropriate for enforcement. For
21purposes of this proceeding where chs. 281 to 285 and 289 to 295 or this chapter or
22the rule, special order, license, plan approval, permit or certification prohibits in
23whole or in part any pollution, a violation is considered a public nuisance. The
24department of natural resources may enter into agreements with the department of
25justice to assist with the administration of chs. 281 to 285 and 289 to 295 and this

1chapter. Any funds paid to the department of justice under these agreements shall
2be credited to the appropriation account under s. 20.455 (1) (k).
AB1137,144 3Section 144. 323.60 (1) (gm) of the statutes is repealed.
AB1137,145 4Section 145. 323.60 (5) (d) 3. of the statutes is amended to read:
AB1137,42,145 323.60 (5) (d) 3. All facilities with 10 or more employees in major group
6classifications 10 to 13 in the standard industrial classification manual, 1987
7edition, published by the U.S. office of management and budget, at which a toxic
8chemical is used at or above an applicable threshold quantity, except that compliance
9with the toxic chemical release form requirements under this subdivision is not
10required for the placement of a toxic chemical in a storage or disposal site or facility
11that is located at a facility with a permit under ch. 293 or a mining permit under
12subch. III of ch. 295
if the toxic chemical consists of or is contained in merchantable
13by-products, as defined in s. 293.01 (7) or 295.41 (25), minerals, as defined in s.
14293.01 (8),
or refuse, as defined in s. 293.01 (25) or 295.41 (41).
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