AB917,137
3Section 137
. 293.21 (1) (a) of the statutes is amended to read:
AB917,37,54
293.21
(1) (a) “Driller" means a person who performs core, rotary, percussion
5or other drilling involved in exploration for
nonferrous metallic minerals.
AB917,138
6Section 138
. 293.25 (2) (a) of the statutes is amended to read:
AB917,37,147
293.25
(2) (a)
Applicability. Except as provided under par. (b), ss. 293.21 and
8293.81 and rules promulgated under those sections apply to radioactive waste site
9exploration, to activities related to radioactive waste site exploration and to persons
10engaging in or intending to engage in radioactive waste site exploration or related
11activities in the same manner as those sections and rules are applicable to
12nonferrous metallic mineral exploration, to activities related to
nonferrous metallic 13mineral exploration and to persons engaging in or intending to engage in
nonferrous
14metallic mineral exploration or related activities.
AB917,139
15Section 139
. 293.25 (4) of the statutes is amended to read:
AB917,37,2416
293.25
(4) Regulation of exploration and related provisions. Sections
17293.13, 293.15 (1) to (12), 293.85, 293.87 and 293.89 and rules promulgated under
18those sections apply to radioactive waste site exploration, to activities related to
19radioactive waste site exploration and to persons engaging in or intending to engage
20in radioactive waste site exploration or related activities in the same manner as
21those sections and rules are applicable to
nonferrous metallic mineral exploration,
22to activities related to
nonferrous metallic mineral exploration and to persons
23engaging in or intending to engage in
nonferrous metallic mineral exploration or
24related activities.
AB917,140
25Section 140
. 293.26 of the statutes is repealed.
AB917,141
1Section
141. 293.31 (title) of the statutes is amended to read:
AB917,38,2
2293.31 (title)
Preapplication notification; data Data collection.
AB917,142
3Section 142
. 293.31 (1) of the statutes is amended to read:
AB917,39,124
293.31
(1) At least 12 months before filing an application for a prospecting
5permit under s. 293.35 or a mining permit under s. 293.37, a person proposing to
6engage in a prospecting or mining project shall notify the department in writing of
7the intention to apply for a prospecting or mining permit. A person who intends to
8give notice of intent to apply for a prospecting or mining permit may, prior to
9obtaining, collecting, or generating environmental data intended to be used to
10support the permit application, submit to the department the methodology that the
11person intends to use in obtaining, collecting, or generating the data. The
12department shall review the proposed methodology and shall either inform the
13person that the proposed methodology will be accepted by the department or provide
14the person with the methodology that the department requires to be used. The
15department may assess the person submitting the proposed methodology a fee equal
16to the department's costs for reviewing the proposed methodology. If a Any person
17obtains, collects, or generates intending to submit an application for a prospecting
18or mining permit shall notify the department prior to the collection of data or
19information intended to be used to support
a prospecting or mining the permit
20application without obtaining department approval of the person's methodology
21under sub. (4), the department may not exclude any of the data or information that
22consists of application. Specific environmental data which would be pertinent to a
23specific prospecting or mining application, but which was obtained or collected or
24generated prior to the notice of intent to apply for a prospecting or mining permit,
25shall be submitted in writing to the department together with any substantiating
1background information which would assist the department in establishing the
2validity of the data. The department shall review the data and, if it concludes that
3the benefits of permitting the admission of the data outweigh the policy reasons for
4excluding it, and if the data is otherwise admissible, inform the person giving the
5notice of intent to prospect or mine that the data will be accepted by the department.
6Such exclusion shall not relate to general environmental information such as soil
7characteristics, hydrologic conditions, and air and water data contained in
8publications, maps, documents, studies, reports, and similar sources, whether public
9or private, not prepared by or for the applicant.
Such exclusion shall likewise not
10relate to data that is otherwise admissible and collected prior to notification under
11this subsection for purposes of evaluating another site or sites and that is not
12collected with intent to evade the provisions of this section.
AB917,143
13Section 143
. 293.31 (2) of the statutes is amended to read:
AB917,39,1614
293.31
(2) Upon receipt of notification under sub. (1), the department shall give
15public notice of the notification in the same manner as provided under s. 293.43
(2m) 16(3) (b).
AB917,144
17Section 144
. 293.31 (3) of the statutes is amended to read:
AB917,39,2518
293.31
(3) The department shall also receive and consider any comments from
19interested persons received within 45 days after public notice is given under sub. (2)
20as to the information which they believe should be requested from the person giving
21notice of intent to apply for a prospecting or mining permit and the information
22which they believe the department should seek through independent studies.
If the
23department holds a public informational hearing to receive comments from
24interested persons under this section, the hearing shall be completed within 45 days
25after public notice is given under sub. (2).
AB917,145
1Section
145. 293.31 (4) of the statutes is amended to read:
AB917,40,192
293.31
(4) No later than 90 days after the period for receiving and considering 3After the receipt and consideration of comments from interested persons
under sub.
4(3), the department shall inform the person giving notice of intent to apply for a
5prospecting or mining permit of the type and quantity of information that it then
6believes to be needed to support an application and, where applicable, the
7methodology to be used in gathering information. The department shall specifically
8inform the person giving notice of intent to apply for a prospecting or mining permit
9of the type and quantity of information on the characteristics of groundwater
10resources in the area in which prospecting or mining is anticipated to occur which
11the department believes is needed to support an application
, including the
12information that the department believes should be included in the applicant's
13environmental impact report and the information that the department will need to
14prepare an environmental impact statement. The department shall also
inform 15begin informing the person giving notice of intent to apply for a prospecting or mining
16permit
of as to the
timely application date
and other filing requirements for
all other 17approvals, licenses, and permits
relating to the proposed prospecting or mining
18project so as to facilitate the consideration of all other matters at the hearing on the
19prospecting or mining permit.
AB917,146
20Section 146
. 293.31 (4m) of the statutes is repealed.
AB917,147
21Section 147
. 293.32 (4) of the statutes is repealed.
AB917,148
22Section 148
. 293.37 (4) (b) of the statutes is amended to read:
AB917,41,823
293.37
(4) (b) If the department finds that the anticipated life and total area
24of a
nonferrous metallic mineral deposit are of sufficient magnitude that reclamation
25of the mining site consistent with this chapter requires a comprehensive plan for the
1entire affected area, it shall require an operator to submit with the application for
2a mining permit, amended mining site or change in mining or reclamation plan, a
3comprehensive long-term plan showing, in detail satisfactory to the department, the
4manner, location and time for reclamation of the entire area of contiguous land which
5will be affected by mining and which is owned, leased or under option for purchase
6or lease by the operator at the time of application. Where a
nonferrous metallic 7mineral deposit lies on or under the lands of more than one operator, the department
8shall require the operators to submit mutually consistent comprehensive plans.
AB917,149
9Section 149
. 293.37 (5) of the statutes is repealed.
AB917,150
10Section 150
. 293.40 of the statutes is repealed.
AB917,151
11Section 151
. 293.43 (1) of the statutes is amended to read:
AB917,41,1312
293.43
(1) Applicability. This section
, and ch. 227 where it is consistent, shall
13govern all hearings on applications for prospecting or mining permits.
AB917,152
14Section 152
. 293.43 (1m) (b) of the statutes is amended to read:
AB917,42,615
293.43
(1m) (b) Except as provided in this
section paragraph, for all
16department issued approvals, licenses, and permits relating to prospecting or
17mining, including solid waste feasibility report approvals and permits related to air
18and water, to be issued after April 30, 1980, the notice, hearing, and comment
19process provisions, if any, and the time for issuance of decisions shall be controlled
20by this section and ss. 293.45 and 293.49.
If an applicant fails to make application
21for an approval, license, or permit for an activity incidental to prospecting or mining
22in time for notice under this section to be provided, the notice and comment
23requirements, if any, shall be controlled by the specific statutory provisions with
24respect to that application. If notice under those specific statutory notice
25requirements can be given for consideration of the approval, license, or permit at the
1hearing under this section, the application shall be considered at that hearing;
2otherwise, the specific statutory hearing provisions, if any, with respect to that
3application shall control. The substantive requirements for the issuance of any
4approval, permit, or license incidental to prospecting or mining are not affected by
5the fact that a hearing on the approval, permit, or license is conducted as part of a
6hearing under this section.
AB917,153
7Section 153
. 293.43 (2) of the statutes is created to read:
AB917,42,108
293.43
(2) Location. The hearing shall be held in the county where the
9prospecting or mining site, or the largest portion of the prospecting or mining site,
10is located, but may subsequently be adjourned to other locations.