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 of the statutes is repealed.

AB1137,121 Section 121 . 293.495 of the statutes is repealed.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

AB1137,34,13 (b) “Sulfide ore body" means a mineral deposit in which metals are mixed with sulfide minerals.

AB1137,34,15 (2) The department may not issue a permit under s. 293.49 for the purpose of the mining of a sulfide ore body until all of the following conditions are satisfied:

AB1137,34,21 (a) The department determines, based on information provided by an applicant for a permit under s. 293.49 and verified by the department, that a mining operation has operated in a sulfide ore body which, together with the host rock, has a net acid generating potential in the United States or Canada for at least 10 years without the pollution of groundwater or surface water from acid drainage at the tailings site or at the mine site or from the release of heavy metals.

AB1137,35,2 (b) The department determines, based on information provided by an applicant for a permit under s. 293.49 and verified by the department, that a mining operation that operated in a sulfide ore body which, together with the host rock, has a net acid generating potential in the United States or Canada has been closed for at least 10 years without the pollution of groundwater or surface water from acid drainage at the tailings site or at the mine site or from the release of heavy metals.

AB1137,35,8 (2m) (a) The department may not base its determination under sub. (2) (a) or (b) on any mining operation that has been listed on the national priorities list under 42 USC 9605 (a) (8) (B) or any mining operation for which the operator is no longer in business and has no successor that may be liable for any contamination from the mining operation and for which there are no other persons that may be liable for any contamination from the mining operation.

AB1137,35,13 (b) The department may not base its determination under sub. (2) (a) or (b) on a mining operation unless the department determines, based on relevant data from groundwater or surface water monitoring, that the mining operation has not caused significant environmental pollution, as defined in s. 293.01 (4), from acid drainage at the tailings site or at the mine site or from the release of heavy metals.

AB1137,35,15 (3) This section applies without regard to the date of submission of the permit application.

AB1137,123 Section 123 . 293.51 (title) of the statutes is amended to read:

AB1137,35,17 293.51 (title) Bonds and other security.

AB1137,124 Section 124. 293.51 (1) of the statutes is amended to read:

AB1137,36,9 293.51 (1) Upon notification that an application for a prospecting or mining permit has been approved by the department but prior to commencing prospecting or mining, the operator shall file with the department a bond conditioned on faithful performance of all of the requirements of this chapter and all rules adopted by the department under this chapter. The bond shall be furnished by a surety company licensed to do business in this state. In lieu of a bond, the operator may deposit cash, certificates of deposit, or government securities with the department. Interest received on certificates of deposit and government securities shall be paid to the operator. The amount of the bond or other security required shall be equal to the estimated cost to the state of fulfilling the reclamation plan, in relation to that portion of the site that will be disturbed by the end of the following year. The estimated cost of reclamation of each prospecting or mining site shall be determined by the department on the basis of relevant factors including, but not limited to, expected changes in the price index, topography of the site, methods being employed, depth and composition of overburden and depth of nonferrous metallic mineral deposit being mined.

AB1137,125 Section 125 . 293.51 (1g) of the statutes is repealed.

AB1137,126 Section 126 . 293.51 (1m) of the statutes is repealed.

AB1137,127 Section 127 . 293.51 (1r) of the statutes is repealed.

AB1137,128 Section 128 . 293.51 (3) of the statutes is amended to read: