AB1137: Bill Text

AB1137,39,3 293.81 Exploring, bulk sampling, prospecting, and mining without authorization. Any person who engages in exploration without a license or bulk sampling without the necessary license or approvals shall forfeit not less than $100 nor more than $1,000 for each parcel as defined under s. 293.21 (1) (b) on which unlicensed exploration or bulk sampling without the necessary license or approvals took place. Any person who authorizes or engages in prospecting without a prospecting permit or any operator who authorizes or engages in mining without a mining permit and written authorization to mine under s. 293.51 (3) shall forfeit all profits obtained from such illegal activities and not more than $10,000 for each day during which the mine was in operation. The operator shall be liable to the department for the full cost of reclaiming the affected area of land and any damages caused by the mining operation. Each day's violation of this section shall be deemed a separate offense. If the violator is a corporation, limited liability company, partnership or association, any officer, director, member, manager or partner who knowingly authorizes, supervises or contracts for exploration, bulk sampling, prospecting, or mining shall also be subject to the penalties of this section.

AB1137,136 Section 136. 293.86 of the statutes is amended to read:

AB1137,39,16 293.86 Visitorial powers of department. Any duly authorized officer, employee or representative of the department may enter and inspect any property, premises or place on or at which any prospecting or metallic mining operation or facility is located or is being constructed or installed at any reasonable time for the purpose of ascertaining the state of compliance with this chapter and chs. 281, 285, 289 to 292, 295, and 299, subchs. I and II of ch. 295, and rules adopted pursuant thereto. No person may refuse entry or access to any such authorized representative of the department who requests entry for purposes of inspection, and who presents appropriate credentials, nor may any person obstruct, hamper or interfere with any such inspection. The department shall furnish to the prospector or operator, as indicated in the prospecting or mining permit, a written report setting forth all observations, relevant information and data which relate to compliance status.

AB1137,137 Section 137 . 293.95 of the statutes is repealed and recreated to read:

AB1137,39,19 293.95 Review. Any person aggrieved by any decision of the department under this chapter may obtain its review under ch. 227.

AB1137,138 Section 138. Chapter 295 (title) of the statutes is amended to read:

AB1137,39,21 CHAPTER 295

AB1137,39,23 NONMETALLIC MINING RECLAMATION; OIL AND GAS; FERROUS METALLIC MINING

AB1137,139 Section 139. 295.16 (4) (f) of the statutes is amended to read:

AB1137,40,2 295.16 (4) (f) Any mining operation, the reclamation of which is required in a permit obtained under ch. 293 or subch. III of ch. 295.

AB1137,140 Section 140. Subchapter III of chapter 295 [precedes 295.40] of the statutes is repealed.

AB1137,141 Section 141. 299.85 (7) (a) 2. of the statutes, as affected by 2021 Wisconsin Act 78, is amended to read:

AB1137,40,21 299.85 (7) (a) 2. Notwithstanding minimum or maximum forfeitures specified in ss. 29.314 (7), 29.334 (2), 29.604 (5) (a), 29.611 (11), 29.889 (10) (c) 2., 29.969, 29.971 (1) (a), (1m) (a), (3), (3m), (11g) (b), (11m) (b), and (11r) (b), 30.298 (1), (2), and (3), 30.49 (1) (a) and (c), 31.23 (2), 281.75 (19), 281.98 (1), 281.99 (2) (a) 1., 283.91 (2), 285.41 (7), 285.57 (5), 285.59 (8), 285.87 (1), 287.95 (1), (2) (b), and (3) (b), 287.97, 289.96 (2) and (3) (a), 291.97 (1), 292.99 (1) and (1m), 293.81, 293.87 (3) and (4) (a), 295.19 (3) (a) and (b) 1., 295.37 (2), 295.79 (2) and (4), 299.15 (4), 299.51 (5), 299.53 (4) (c) 1., 299.62 (3) (a) and (c), and 299.97 (1), if a regulated entity that qualifies under sub. (2) for participation in the Environmental Compliance Audit Program corrects violations that it discloses in a report that meets the requirements of sub. (3) within 60 days or, if the entity is a small business stationary source, within 180 days or within 360 days if the correction involves a pollution prevention modification, after the department receives the report that meets the requirements of sub. (3), the regulated entity may not be required to forfeit more than $500 for each violation, regardless of the number of days during which the violation continues.

AB1137,142 Section 142. 299.85 (7) (a) 4. of the statutes is amended to read:

AB1137,41,9 299.85 (7) (a) 4. Notwithstanding minimum or maximum forfeitures specified in ss. 29.314 (7), 29.334 (2), 29.604 (5) (a), 29.611 (11), 29.889 (10) (c) 2., 29.969, 29.971 (1) (a), (1m) (a), (3), (3m), (11g) (b), (11m) (b), and (11r) (b), 30.298 (1), (2), and (3), 30.49 (1) (a) and (c), 31.23 (2), 281.75 (19), 281.98 (1), 281.99 (2) (a) 1., 283.91 (2), 285.41 (7), 285.57 (5), 285.59 (8), 285.87 (1), 287.95 (1), (2) (b), and (3) (b), 287.97, 289.96 (2) and (3) (a), 291.97 (1), 292.99 (1) and (1m), 293.81, 293.87 (3) and (4) (a), 295.19 (3) (a) and (b) 1., 295.37 (2), 295.79 (2) and (4), 299.15 (4), 299.51 (5), 299.53 (4) (c) 1., 299.62 (3) (a) and (c), and 299.97 (1), if the department approves a compliance schedule under sub. (6) and the regulated entity corrects the violations according to the compliance schedule, the regulated entity may not be required to forfeit more than $500 for each violation, regardless of the number of days during which the violation continues.

AB1137,143 Section 143. 299.95 of the statutes is amended to read:

AB1137,42,2 299.95 Enforcement; duty of department of justice; expenses. The attorney general shall enforce chs. 281 to 285 and 289 to 295 and this chapter, except ss. 285.57, 285.59, and 299.64, and all rules, special orders, licenses, plan approvals, permits, and water quality certifications of the department, except those promulgated or issued under ss. 285.57, 285.59, and 299.64 and except as provided in ss. 281.36 (14) (f), 285.86 and 299.85 (7) (am). Except as provided in s. 295.79 (1), the The circuit court for Dane county or for any other county where a violation occurred in whole or in part has jurisdiction to enforce chs. 281 to 285 and 289 to 295 or this chapter or the rule, special order, license, plan approval, permit, or certification by injunctional and other relief appropriate for enforcement. For purposes of this proceeding where chs. 281 to 285 and 289 to 295 or this chapter or the rule, special order, license, plan approval, permit or certification prohibits in whole or in part any pollution, a violation is considered a public nuisance. The department of natural resources may enter into agreements with the department of justice to assist with the administration of chs. 281 to 285 and 289 to 295 and this chapter. Any funds paid to the department of justice under these agreements shall be credited to the appropriation account under s. 20.455 (1) (k).

AB1137,144 Section 144. 323.60 (1) (gm) of the statutes is repealed.

AB1137,145 Section 145. 323.60 (5) (d) 3. of the statutes is amended to read:

AB1137,42,14 323.60 (5) (d) 3. All facilities with 10 or more employees in major group classifications 10 to 13 in the standard industrial classification manual, 1987 edition, published by the U.S. office of management and budget, at which a toxic chemical is used at or above an applicable threshold quantity, except that compliance with the toxic chemical release form requirements under this subdivision is not required for the placement of a toxic chemical in a storage or disposal site or facility that is located at a facility with a permit under ch. 293 or a mining permit under subch. III of ch. 295 if the toxic chemical consists of or is contained in merchantable by-products, as defined in s. 293.01 (7) or 295.41 (25), minerals, as defined in s. 293.01 (8), or refuse, as defined in s. 293.01 (25) or 295.41 (41).

AB1137,146 Section 146. 706.01 (9) of the statutes is amended to read:

AB1137,42,17 706.01 (9) “Mining company" means any person or agent of a person who has a prospecting permit under s. 293.45 or a mining permit under s. 293.49 or 295.58.

AB1137,147 Section 147. 710.02 (2) (d) of the statutes is amended to read:

AB1137,42,20 710.02 (2) (d) An exploration mining lease as defined in s. 107.001 (1) and land used for mining and associated activities under chs. 293 and 295.

AB1137,148 Section 148. 2013 Wisconsin Act 1, section 103 is repealed.

AB1137,149 Section 149. Nonstatutory provisions.

AB1137,42,25 (1) If the department of natural resources has promulgated rules under 2013 Wisconsin Act 1, section 103, on or before the effective date of this subsection, the department of natural resources shall promulgate rules that do all of the following:

AB1137,43,2 (a) Revise the rules promulgated under 2013 Wisconsin Act 1, section 103 (1) (a), so that those rules apply to ferrous metallic mining.

AB1137,43,5 (b) Revise the rules promulgated under 2013 Wisconsin Act 1, section 103 (1) (b), so that those rules are consistent with the repeal by this act of subch. III of ch. 295.

AB1137,43,8 (c) Revise the rules promulgated under 2013 Wisconsin Act 1, section 103 (1) (c), so that the exemptions specified in those rules do not apply to ferrous mining and associated activities.

AB1137,43,14 (2) The department of natural resources shall present the statement of scope of the rules required under sub. (1 ) to the governor for approval under s. 227.135 (2) no later than the 30th day after the effective date of this subsection. The department of natural resources shall submit in proposed form the rules required under sub. (1) to the legislative council staff under s. 227.15 (1) no later than the first day of the 5th month beginning after the governor approves the statement of scope of the rules.

AB1137,43,15 (End)