AB1137,17,97
107.30
(16) “Prospecting site"
means the lands on which prospecting is actually
8conducted as well as those lands on which physical disturbance will occur as a result
9of such activity has the meaning given in s. 293.01 (21).
AB1137,63
10Section
63. 160.19 (12) of the statutes is amended to read:
AB1137,17,1711
160.19
(12) The requirements in this section shall not apply to rules governing
12an activity regulated under ch. 293
or subch. III of ch. 295, or to a solid waste facility
13regulated under subch. III of ch. 289 which is part of an activity regulated under ch.
14293
or subch. III of ch. 295, except that the department may promulgate new rules
15or amend rules governing this type of activity, practice or facility if the department
16determines that the amendment or promulgation of rules is necessary to protect
17public health, safety or welfare.
AB1137,64
18Section
64. 196.491 (3) (a) 3. b. of the statutes is amended to read:
AB1137,18,819
196.491
(3) (a) 3. b.
Except as provided under subd. 3. c., within Within 20 days
20after the department provides a listing specified in subd. 3. a. to a person, the person
21shall apply for the permits and approvals identified in the listing. The department
22shall determine whether an application under this subd. 3. b. is complete and, no
23later than 30 days after the application is filed, notify the applicant about the
24determination. If the department determines that the application is incomplete, the
25notice shall state the reason for the determination. An applicant may supplement
1and refile an application that the department has determined to be incomplete.
2There is no limit on the number of times that an applicant may refile an application
3under this subd. 3. b. If the department fails to determine whether an application
4is complete within 30 days after the application is filed, the application shall be
5considered to be complete. Except as provided in s. 30.025 (4), the department shall
6complete action on an application under this subd. 3. b. for any permit or approval
7that is required prior to construction of a facility within 120 days after the date on
8which the application is determined or considered to be complete.
AB1137,65
9Section
65. 196.491 (3) (a) 3. c. of the statutes is repealed.
AB1137,66
10Section
66. 196.491 (4) (b) 2. of the statutes is amended to read:
AB1137,18,1811
196.491
(4) (b) 2. The person shows to the satisfaction of the commission that
12the person reasonably anticipates, at the time that construction of the equipment or
13facilities commences, that on each day that the equipment and facilities are in
14operation the person will consume no less than 70 percent of the aggregate kilowatt
15hours output from the equipment and facilities in manufacturing processes at the
16site where the equipment and facilities are located
or in ferrous mineral mining and
17processing activities governed by subch. III of ch. 295 at the site where the equipment
18and facilities are located.
AB1137,67
19Section 67
. 227.42 (4) of the statutes is created to read:
AB1137,18,2120
227.42
(4) This section does not apply if a hearing on the matter was conducted
21as a part of a hearing under s. 293.43.
AB1137,68
22Section
68. 227.483 (3) (c) of the statutes is repealed.
AB1137,69
23Section 69
. 281.35 (5) (e) of the statutes is amended to read:
AB1137,19,224
281.35
(5) (e)
Right to hearing.
Any Except as provided in s. 227.42 (4), any 25person who receives notice of a denial or modification requirement under par. (c) is
1entitled to a contested case hearing under ch. 227 if the person requests the hearing
2within 30 days after receiving the notice.
AB1137,70
3Section
70. 281.36 (3g) (h) 2. of the statutes is amended to read:
AB1137,19,104
281.36
(3g) (h) 2. If, within 30 days after an application under subd. 1. is
5received by the department, the department does not either request additional
6information or inform the applicant that a wetland individual permit will be required
7as provided in par. (i), the discharge shall be considered to be authorized under the
8wetland general permit and the applicant may proceed without further notice,
9hearing, permit, or approval if the discharge is carried out in compliance with all of
10the conditions of the general permit
, except as provided in s. 295.60 (3) (b).
AB1137,71
11Section
71. 281.65 (2) (a) of the statutes is amended to read:
AB1137,19,2412
281.65
(2) (a) “Best management practices" means practices, techniques or
13measures, except for dredging, identified in areawide water quality management
14plans, which are determined to be effective means of preventing or reducing
15pollutants generated from nonpoint sources, or from the sediments of inland lakes
16polluted by nonpoint sources, to a level compatible with water quality objectives
17established under this section and which do not have an adverse impact on fish and
18wildlife habitat. The practices, techniques or measures include land acquisition,
19storm sewer rerouting and the removal of structures necessary to install structural
20urban best management practices, facilities for the handling and treatment of
21milkhouse wastewater, repair of fences built using grants under this section and
22measures to prevent or reduce pollutants generated from mine tailings disposal sites
23for which the department has not approved a plan of operation under s. 289.30
or s.
24295.51.
AB1137,72
25Section
72. 281.75 (17) (b) of the statutes is amended to read:
AB1137,20,2
1281.75
(17) (b) This section does not apply to contamination which is
2compensable under subch. II of ch. 107 or s. 293.65 (4)
or 295.61 (8).
AB1137,73
3Section
73. 283.84 (3m) of the statutes is amended to read:
AB1137,20,74
283.84
(3m) A person engaged in mining, as defined in s. 293.01 (9)
or 295.41
5(26), prospecting, as defined in s. 293.01 (18),
bulk sampling, as defined in s. 293.01
6(2m) or 295.41 (7), or nonmetallic mining, as defined in s. 295.11 (3), may not enter
7into an agreement under sub. (1).
AB1137,74
8Section
74. 287.13 (5) (e) of the statutes is amended to read:
AB1137,20,149
287.13
(5) (e) Solid waste produced by a commercial business or industry which
10is disposed of or held for disposal in an approved facility, as defined under s. 289.01
11(3),
or a mining waste site, as defined in s. 295.41 (31), covered by a mining permit
12under s. 295.58, owned
or leased by the generator
or on which the generator holds
13an easement, and designed and constructed for the purpose of accepting that type of
14solid waste.
AB1137,75
15Section
75. 289.62 (2) (g) 2. of the statutes is amended to read:
AB1137,20,1716
289.62
(2) (g) 2. For nonhazardous tailing solids
or for nonacid producing
17taconite tailing solids, 0.2 cent per ton.
AB1137,76
18Section
76. 289.62 (2) (g) 6. of the statutes is amended to read:
AB1137,20,2019
289.62
(2) (g) 6. For nonhazardous waste rock
or for nonacid producing taconite
20waste rock, 0.1 cent per ton.
AB1137,77
21Section
77. 292.01 (1m) of the statutes is amended to read:
AB1137,20,2322
292.01
(1m) “Approved mining facility" has the meaning given in s. 289.01 (4)
23and includes a mining waste site, as defined in s. 295.41 (31).