AB1137: Bill Text

AB1137,78 Section 78. Chapter 293 (title) of the statutes is amended to read:

AB1137,20,25 CHAPTER 293

AB1137,21,1 NONFERROUS METALLIC MINING

AB1137,79 Section 79 . 293.01 (2m) of the statutes is repealed.

AB1137,80 Section 80. 293.01 (5) of the statutes is amended to read:

AB1137,21,10 293.01 (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.

AB1137,81 Section 81. 293.01 (7) of the statutes is amended to read:

AB1137,21,21 293.01 (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.

AB1137,82 Section 82. 293.01 (8) of the statutes is created to read:

AB1137,21,24 293.01 (8) “Minerals" mean unbeneficiated metallic ore but does not include mineral aggregates such as stone, sand, and gravel.

AB1137,83 Section 83. 293.01 (9) of the statutes is amended to read:

AB1137,22,5 293.01 (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.

AB1137,84 Section 84. 293.01 (12) of the statutes is amended to read:

AB1137,22,12 293.01 (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.

AB1137,85 Section 85. 293.01 (12m) of the statutes is repealed.

AB1137,86 Section 86. 293.01 (18) of the statutes is amended to read:

AB1137,23,2 293.01 (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.

AB1137,87 Section 87. 293.01 (25) of the statutes is amended to read:

AB1137,23,9 293.01 (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.

AB1137,88 Section 88 . 293.13 (2) (b) (intro.) of the statutes is amended to read:

AB1137,23,12 293.13 (2) (b) (intro.) Minimum standards for exploration, bulk sampling, prospecting, and mining shall include the following:

AB1137,89 Section 89 . 293.13 (2) (b) 4. of the statutes is amended to read:

AB1137,23,15 293.13 (2) (b) 4. Adequate diversion and drainage of water from the exploration, bulk sampling, prospecting, or mining site.

AB1137,90 Section 90 . 293.13 (2) (b) 7. of the statutes is amended to read:

AB1137,23,18 293.13 (2) (b) 7. Removal and stockpiling, or other measures to protect topsoils prior to exploration, bulk sampling, prospecting, or mining.

AB1137,91 Section 91 . 293.13 (2) (c) (intro.) of the statutes is amended to read:

AB1137,23,22 293.13 (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:

AB1137,92 Section 92 . 293.13 (2) (c) 7. of the statutes is amended to read:

AB1137,24,2 293.13 (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.

AB1137,93 Section 93 . 293.15 (7m) of the statutes is repealed.

AB1137,94 Section 94 . 293.15 (8) of the statutes is amended to read:

AB1137,24,11 293.15 (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.

AB1137,95 Section 95. 293.21 (1) (a) of the statutes is amended to read:

AB1137,24,14 293.21 (1) (a) “Driller" means a person who performs core, rotary, percussion or other drilling involved in exploration for nonferrous metallic minerals.

AB1137,96 Section 96. 293.25 (2) (a) of the statutes is amended to read:

AB1137,24,23 293.25 (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.

AB1137,97 Section 97. 293.25 (4) of the statutes is amended to read:

AB1137,25,9 293.25 (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.

AB1137,98 Section 98 . 293.26 of the statutes is repealed.

AB1137,99 Section 99 . 293.31 (title) of the statutes is amended to read:

AB1137,25,12 293.31 (title) Preapplication notification; data Data collection.

AB1137,100 Section 100 . 293.31 (1) of the statutes is amended to read:

AB1137,26,22 293.31 (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 and that is not collected with intent to evade the provisions of this section.

AB1137,101 Section 101 . 293.31 (2) of the statutes is amended to read:

AB1137,27,3 293.31 (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).

AB1137,102 Section 102 . 293.31 (3) of the statutes is amended to read:

AB1137,27,12 293.31 (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).

AB1137,103 Section 103 . 293.31 (4) of the statutes is amended to read:

AB1137,28,6 293.31 (4) No later than 90 days after the period for receiving and considering After the receipt and consideration of comments from interested persons under sub. (3), the department shall inform the person giving notice of intent to apply for a prospecting or mining permit of the type and quantity of information that it then believes to be needed to support an application and, where applicable, the methodology to be used in gathering information. The department shall specifically inform the person giving notice of intent to apply for a prospecting or mining permit of the type and quantity of information on the characteristics of groundwater resources in the area in which prospecting or mining is anticipated to occur which the department believes is needed to support an application, including the information that the department believes should be included in the applicant's environmental impact report and the information that the department will need to prepare an environmental impact statement. The department shall also inform begin informing the person giving notice of intent to apply for a prospecting or mining permit of as to the timely application date and other filing requirements for all other approvals, licenses, and permits relating to the proposed prospecting or mining project so as to facilitate the consideration of all other matters at the hearing on the prospecting or mining permit.

AB1137,104 Section 104 . 293.31 (4m) of the statutes is repealed.

AB1137,105 Section 105 . 293.32 (4) of the statutes is repealed.

AB1137,106 Section 106. 293.37 (4) (b) of the statutes is amended to read:

AB1137,28,20 293.37 (4) (b) If the department finds that the anticipated life and total area of a nonferrous metallic mineral deposit are of sufficient magnitude that reclamation of the mining site consistent with this chapter requires a comprehensive plan for the entire affected area, it shall require an operator to submit with the application for a mining permit, amended mining site or change in mining or reclamation plan, a comprehensive long-term plan showing, in detail satisfactory to the department, the manner, location and time for reclamation of the entire area of contiguous land which will be affected by mining and which is owned, leased or under option for purchase or lease by the operator at the time of application. Where a nonferrous metallic mineral deposit lies on or under the lands of more than one operator, the department shall require the operators to submit mutually consistent comprehensive plans.

AB1137,107 Section 107 . 293.37 (5) of the statutes is repealed.

AB1137,108 Section 108 . 293.40 of the statutes is repealed.

AB1137,109 Section 109 . 293.43 (1) of the statutes is amended to read:

AB1137,28,25 293.43 (1) Applicability. This section, and ch. 227 where it is consistent, shall govern all hearings on applications for prospecting or mining permits.

AB1137,110 Section 110. 293.43 (1m) (b) of the statutes is amended to read:

AB1137,29,18 293.43 (1m) (b) Except as provided in this section paragraph, for all department issued approvals, licenses, and permits relating to prospecting or mining, including solid waste feasibility report approvals and permits related to air and water, to be issued after April 30, 1980, the notice, hearing, and comment process provisions, if any, and the time for issuance of decisions shall be controlled by this section and ss. 293.45 and 293.49. If an applicant fails to make application for an approval, license, or permit for an activity incidental to prospecting or mining in time for notice under this section to be provided, the notice and comment requirements, if any, shall be controlled by this section and ss. 293.45 and 293.49 with respect to that application. If notice under this section and ss. 293.45 and 293.49 can be given for consideration of the approval, license, or permit at the hearing under this section, the application shall be considered at that hearing; otherwise, the specific statutory hearing provisions, if any, with respect to that application shall control. The substantive requirements for the issuance of any approval, permit, or license incidental to prospecting or mining are not affected by the fact that a hearing on the approval, permit, or license is conducted as part of a hearing under this section.

AB1137,111 Section 111 . 293.43 (2) of the statutes is created to read:

AB1137,29,22 293.43 (2) Location. The hearing shall be held in the county where the prospecting or mining site, or the largest portion of the prospecting or mining site, is located, but may subsequently be adjourned to other locations.

AB1137,112 Section 112 . 293.43 (2m) of the statutes is repealed.

AB1137,113 Section 113 . 293.43 (3) of the statutes is created to read:

AB1137,30,12 293.43 (3) Timing of notice and of hearing; giving of notice. (a) If it is determined that a statement under s. 1.11 is not required, the hearing shall be scheduled for a date not less than 60 days nor more than 90 days after the announcement of that determination, and the scheduling and providing of notice shall be completed not later than 10 days following the announcement. Notice of the hearing shall be given by mailing a copy of the notice to any known state agency required to issue a permit for the proposed operation, to the regional planning commission for the affected area, to the county, city, village, and town within which any part of the affected area lies, to all persons who have requested this notification and, if applicable, to all persons specified under par. (b) 3. and s. 281.35 (5) (b) and (6) (f). Written comments may be submitted to the department within 30 days of the date of notice.

AB1137,30,24 (b) If it is determined that a statement under s. 1.11 is required, or if an environmental impact statement is required under s. 293.39, the department shall hold at least one informational meeting regarding the preliminary environmental report within 60 days of its issuance. The meeting shall be held not sooner than 30 days nor later than 60 days after the issuance of the report. The scheduling and providing of notice of the meeting shall be completed not later than 10 days following the issuance of the preliminary environmental report. A hearing referred to under sub. (1m) shall be scheduled for a date not less than 120 days nor more than 180 days after the issuance of the environmental impact statement. The scheduling and providing of notice of the hearing shall be completed within 30 days from the date of issuance of the environmental impact statement. The providing of notice shall be accomplished by doing all of the following:

AB1137,31,7 1. Mailing a copy of the notice to all known departments and agencies required to grant any permit necessary for the proposed operation, to any regional planning commission within which the affected area lies, to the governing bodies of all towns, villages, cities and counties within which any part of the proposed prospecting or mining site lies, to the governing bodies of any towns, villages, or cities contiguous to any town, village, or city within which any part of the proposed prospecting or mining site lies and to any interested persons who have requested such notification.

AB1137,31,14 2. Publication of a class 2 notice under ch. 985, utilizing a display advertising format, in the weekly newspaper published in the closest geographic proximity to the proposed prospecting or mining site, in the newspaper having the largest circulation in the county within which the proposed site lies, and in those newspapers published in counties contiguous to the county within which the proposed site lies that have a substantial circulation in the area of, or adjacent to, the proposed prospecting or mining site.

AB1137,31,20 3. Mailing a copy of the notice to the U.S. environmental protection agency, U.S. army corps of engineers, and other states potentially affected by the proposed discharge if a water discharge permit under ch. 283 will be considered at the hearing under this section and to the U.S. environmental protection agency and appropriate agencies in other states that may be affected if an air pollution control permit under ch. 285 will be considered at the hearing under this section.

AB1137,31,25 (c) Written comments may be submitted by any governmental agency within 80 days of the date of issuance of the statement under par. (b). Individual persons may submit written comments within 120 days of the date of issuance of the statement. The last day for receipt of comments shall be specified by the department in all notices.

AB1137,114 Section 114. 293.43 (3m) of the statutes is repealed.

AB1137,115 Section 115 . 293.43 (4) of the statutes is created to read:

AB1137,32,9 293.43 (4) Participation by local governments. Any county, town, village, or city receiving notice of the filing of an application in the manner provided under sub. (3) (a) or (b) shall refer the application and reclamation plan to a committee established under s. 293.33 (1) or (2), if any, for review and comment. Such counties, towns, villages, and cities may participate as a party in the hearing on the application and may make recommendations on the reclamation plan and future use of the project site.

AB1137,116 Section 116 . 293.43 (4m) of the statutes is repealed.

AB1137,117 Section 117 . 293.43 (5) of the statutes is created to read:

AB1137,32,20 293.43 (5) Hearing procedure. (a) At the opening of the hearing, the hearing examiner shall advise all persons present of their right to express their views either orally or in writing, under oath or otherwise, and of the legal effect of each form of testimony. All interested persons, at the hearing or at a time set prior to the hearing, shall be given an opportunity, subject to reasonable limitations on the presentation of repetitious or irrelevant material, to express their views on any aspect of the matters under consideration. The presentation of these views need not be under oath nor subject to cross-examination. A written record of unsworn testimony shall be made.

AB1137,32,24 (b) Persons who wish to participate as parties shall file a written notice with the hearing examiner setting forth their interest at least 30 days prior to the scheduled time of the hearing or prior to the scheduled time of any prehearing conference, whichever is earlier, unless good cause is shown.

AB1137,33,4 (c) The record shall consist of the contested case portion of the proceeding. Views given under par. (a) and all written comments submitted from any source shall be placed in the file of the proceeding and shall be given appropriate probative value by the hearing examiner.

AB1137,33,5 (d) Hearings conducted under this section may be continued for just cause.

AB1137,33,12 (e) If evidence of conformance with applicable zoning ordinances as required by s. 293.49 (1) (a) 6. is not presented by the time testimony is completed, the department shall close the record and continue the hearing. The duration of the continuance of the hearing shall be specified by the department at the time the continuance begins, after first requesting the applicant to state the anticipated time at which the evidence will be provided. The continuance may be extended by the department prior to its expiration upon notice to all parties if good cause is shown.

AB1137,33,15 (f) Each approval or denial of a license or permit considered at the hearing under this section shall be made in findings of fact, conclusions of law, and an order setting forth reasons with clarity and in detail.

AB1137,118 Section 118. 293.47 (1) (b) of the statutes is amended to read:

AB1137,33,21 293.47 (1) (b) “Geologic information" means information concerning descriptions of a nonferrous an ore body, descriptions of reserves, tonnages, and grades of nonferrous ore, descriptions of a drill core or bulk sample including analysis, and descriptions of drill hole depths, distances, and similar information related to the nonferrous ore body.

AB1137,119 Section 119 . 293.49 (1) (a) (intro.) of the statutes is amended to read:

AB1137,33,25 293.49 (1) (a) (intro.) Except as provided in sub. (2) and s. 293.50 and except with respect to property specified in s. 41.41 (11), within 90 days of the completion of the public hearing record, the department shall issue the mining permit if it finds:

AB1137,120 Section 120. 293.49 (1) (a) 2m. of the statutes is repealed.

AB1137,121 Section 121 . 293.495 of the statutes is repealed.

AB1137,122 Section 122 . 293.50 of the statutes is created to read:

AB1137,34,5 293.50 Additional requirements on issuance of permits for mining of sulfide ore bodies. (1) In this section:

AB1137,34,11 (a) “Pollution" means degradation that results in a violation of any environmental law as determined by an administrative proceeding, civil action, criminal action or other legal proceeding. For the purpose of this paragraph, issuance of an order or acceptance of an agreement requiring corrective action or a stipulated fine, forfeiture, or other penalty is considered a determination of a violation, regardless of whether there is a finding or admission of liability.