AB1137,74 Section 74. 287.13 (5) (e) of the statutes is amended to read:

AB1137,20,14 287.13 (5) (e) Solid waste produced by a commercial business or industry which is disposed of or held for disposal in an approved facility, as defined under s. 289.01 (3), or a mining waste site, as defined in s. 295.41 (31), covered by a mining permit under s. 295.58, owned or leased by the generator or on which the generator holds an easement, and designed and constructed for the purpose of accepting that type of solid waste.

AB1137,75 Section 75. 289.62 (2) (g) 2. of the statutes is amended to read:

AB1137,20,17 289.62 (2) (g) 2. For nonhazardous tailing solids or for nonacid producing taconite tailing solids, 0.2 cent per ton.

AB1137,76 Section 76. 289.62 (2) (g) 6. of the statutes is amended to read:

AB1137,20,20 289.62 (2) (g) 6. For nonhazardous waste rock or for nonacid producing taconite waste rock, 0.1 cent per ton.

AB1137,77 Section 77. 292.01 (1m) of the statutes is amended to read:

AB1137,20,23 292.01 (1m) “Approved mining facility" has the meaning given in s. 289.01 (4) and includes a mining waste site, as defined in s. 295.41 (31).

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AB1137,79 Section 79 . 293.01 (2m) of the statutes is repealed.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