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CHAPTER 293
NONFERROUS METALLIC MINING
SUBCHAPTER I
DEFINITIONS
293.01   Definitions.
SUBCHAPTER II
ADMINISTRATION
293.11   Mine effect responsibility.
293.13   Department duties.
293.15   Department powers.
SUBCHAPTER III
EXPLORATION
293.21   Exploration.
293.25   Radioactive waste site exploration.
293.26   Bulk sampling.
SUBCHAPTER IV
PROSPECTING; MINING; RECLAMATION
293.31   Preapplication notification; data collection.
293.32   Prospecting and mining fees.
293.33   Local impact committee.
293.35   Application for prospecting permit.
293.37   Application for mining permit.
293.39   Environmental impact statement.
293.40   Timeline for review.
293.41   Local agreements.
293.43   Hearings on permit applications.
293.45   Prospecting; department grant or denial of permit.
293.47   Prospecting data.
293.49   Mining; department grant or denial of permit.
293.495   Subsequently filed applications for other approvals.
293.51   Bonds and other security.
293.53   Review of permits; periodic reports.
293.55   Modifications.
293.57   Successors.
293.59   Cessation of mining or reclamation.
293.61   Determination of abandonment of mining.
293.63   Certificate of completion, partial completion and bond release.
293.65   Withdrawal of surface waters; withdrawal of groundwater; damage claims.
293.66   Groundwater quality.
SUBCHAPTER V
GENERAL PROVISIONS; ENFORCEMENT
293.81   Exploring, bulk sampling, prospecting, and mining without authorization.
293.83   Mining and reclamation; orders.
293.85   Cancellation of permit.
293.86   Visitorial powers of department.
293.87   Enforcement; penalties.
293.89   Citizen suits.
293.91   Nonconforming sites.
293.93   Effect of other statutes.
293.95   Review.
Ch. 293 Cross-reference Cross-reference: See also chs. NR 130, 131, 132, and 182, Wis. adm. code.
subch. I of ch. 293 SUBCHAPTER I
DEFINITIONS
293.01 293.01 Definitions. In this chapter, unless the context requires otherwise:
293.01(1m) (1m)“Air pollution" means the presence in the atmosphere of one or more air contaminants in such quantities and of such duration as is or tends to be injurious to human health or welfare, animal or plant life, or property, or would unreasonably interfere with the enjoyment of life or property.
293.01(2) (2)“Applicant" means a person who has applied for a prospecting permit or a mining permit.
293.01(2m) (2m)“Bulk sampling” means excavating in a potential mining site by removing less than 10,000 tons of material, including overburden and any other material removed from any portion of the excavation site, for the purposes of obtaining site-specific data to assess the quality and quantity of the nonferrous metallic mineral deposits and of collecting data from and analyzing the excavated materials in order to prepare the application for a mining permit or for any other approval. Bulk sampling does not constitute prospecting within the meaning of sub. (18).
293.01(3) (3)“Department" means the department of natural resources.
293.01(4) (4)“Environmental pollution" means the contaminating or rendering unclean or impure the air, land or waters of the state, or making the same injurious to public health, harmful for commercial or recreational use, or deleterious to fish, bird, animal or plant life.
293.01(5) (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.
293.01(6) (6)“Exploration license" means the license required under s. 293.21 (2) as a condition of engaging in exploration.
293.01(7) (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.
293.01(9) (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.
293.01(10) (10)“Mining plan" means the proposal for the mining of the mining site.
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