This is the preview version of the Wisconsin State Legislature site.
Please see http://docs.legis.wisconsin.gov for the production version.
AB1137,126 11Section 126 . 293.51 (1m) of the statutes is repealed.
AB1137,127 12Section 127 . 293.51 (1r) of the statutes is repealed.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AB1137,129 18Section 129 . 293.51 (5) of the statutes is repealed.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).
AB1137,146 15Section 146. 706.01 (9) of the statutes is amended to read:
AB1137,42,1716 706.01 (9) “Mining company" means any person or agent of a person who has
17a prospecting permit under s. 293.45 or a mining permit under s. 293.49 or 295.58.
AB1137,147 18Section 147. 710.02 (2) (d) of the statutes is amended to read:
AB1137,42,2019 710.02 (2) (d) An exploration mining lease as defined in s. 107.001 (1) and land
20used for mining and associated activities under chs. 293 and 295.
AB1137,148 21Section 148. 2013 Wisconsin Act 1, section 103 is repealed.
AB1137,149 22Section 149. Nonstatutory provisions.
AB1137,42,2523 (1) If the department of natural resources has promulgated rules under 2013
24Wisconsin Act 1
, section 103, on or before the effective date of this subsection, the
25department of natural resources shall promulgate rules that do all of the following:
AB1137,43,2
1(a) Revise the rules promulgated under 2013 Wisconsin Act 1, section 103 (1)
2(a)
, so that those rules apply to ferrous metallic mining.
AB1137,43,53 (b) Revise the rules promulgated under 2013 Wisconsin Act 1, section 103 (1)
4(b)
, so that those rules are consistent with the repeal by this act of subch. III of ch.
5295.
AB1137,43,86 (c) Revise the rules promulgated under 2013 Wisconsin Act 1, section 103 (1)
7(c)
, so that the exemptions specified in those rules do not apply to ferrous mining and
8associated activities.
AB1137,43,149 (2) The department of natural resources shall present the statement of scope
10of the rules required under sub. (1 ) to the governor for approval under s. 227.135 (2)
11no later than the 30th day after the effective date of this subsection. The department
12of natural resources shall submit in proposed form the rules required under sub. (1)
13to the legislative council staff under s. 227.15 (1) no later than the first day of the 5th
14month beginning after the governor approves the statement of scope of the rules.
AB1137,43,1515 (End)
Loading...
Loading...