293.50 (2) (intro.) of the statutes is amended to read:
(intro.) Beginning on May 7, 1998, the department may not issue a 2
permit under s. 293.49 for the purpose of
the mining of a sulfide ore body until all of 3
the following conditions are satisfied:
293.50 (2) (a) of the statutes is amended to read:
(a) The department determines, based on information provided by 6
an applicant for a permit under s. 293.49 and verified by the department, that a 7
mining operation has operated in a sulfide ore body which, together with the host 8nonferrous
rock, has a net acid generating potential in the United States or Canada 9
for at least 10 years without the pollution of groundwater or surface water from acid 10
drainage at the tailings site or at the mine site or from the release of heavy metals.
293.50 (2) (b) of the statutes is amended to read:
(b) The department determines, based on information provided by 13
an applicant for a permit under s. 293.49 and verified by the department, that a 14
mining operation that operated in a sulfide ore body which, together with the host 15nonferrous
rock, has a net acid generating potential in the United States or Canada 16
has been closed for at least 10 years without the pollution of groundwater or surface 17
water from acid drainage at the tailings site or at the mine site or from the release 18
of heavy metals.
293.51 (1) of the statutes is amended to read:
Upon notification that an application for a prospecting or mining 21
permit has been approved by the department but prior to commencing prospecting 22
or mining, the operator shall file with the department a bond conditioned on faithful 23
performance of all of the requirements of this chapter and all rules adopted by the 24
department under this chapter. The bond shall be furnished by a surety company 25
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 2
received on certificates of deposit and government securities shall be paid to the 3
operator. The amount of the bond or other security required shall be equal to the 4
estimated cost to the state of fulfilling the reclamation plan, in relation to that 5
portion of the site that will be disturbed by the end of the following year. The 6
estimated cost of reclamation of each prospecting or mining site shall be determined 7
by the department on the basis of relevant factors including, but not limited to, 8
expected changes in the price index, topography of the site, methods being employed, 9
depth and composition of overburden and depth of nonferrous metallic
deposit being mined.
293.65 (3) (a) of the statutes is amended to read:
(a) An approval under s. 281.34 is required to withdraw groundwater 13for prospecting or mining
or to dewater mines if the capacity and rate of withdrawal 14
of all wells involved in the withdrawal of groundwater or the dewatering of mines 15
exceeds 100,000 gallons each day. A permit under s. 283.31 is required to discharge 16
pollutants resulting from the dewatering of mines.
293.65 (3) (b) of the statutes is amended to read:
(b) The department may not issue an approval under s. 281.34 if the 19
withdrawal of groundwater for prospecting or mining purposes or the dewatering of 20
mines will result in the unreasonable detriment of public or private water supplies 21
or the unreasonable detriment of public rights in the waters of the state. No 22
withdrawal of groundwater for prospecting or mining purposes
dewatering of 23
mines may be made to the unreasonable detriment of public or private water supplies 24
or the unreasonable detriment of public rights in the waters of the state.
293.86 of the statutes is amended to read:
1293.86 Visitorial powers of department.
Any duly authorized officer, 2
employee or representative of the department may enter and inspect any property, 3
premises or place on or at which any prospecting or metallic
mining operation or 4
facility is located or is being constructed or installed at any reasonable time for the 5
purpose of ascertaining the state of compliance with this chapter and chs. 281, 285, 6
289 to 292, 295
and 299, subchs. I and II of ch. 295,
and rules adopted pursuant 7
thereto. No person may refuse entry or access to any such authorized representative 8
of the department who requests entry for purposes of inspection, and who presents 9
appropriate credentials, nor may any person obstruct, hamper or interfere with any 10
such inspection. The department shall furnish to the prospector or operator, as 11
indicated in the prospecting or mining permit, a written report setting forth all 12
observations, relevant information and data which relate to compliance status.
Chapter 295 (title) of the statutes is amended to read:
NONMETALLIC MINING RECLAMATION;16
OIL AND GAS;
ferrous metallic mining
295.16 (4) (f) of the statutes is amended to read:
(f) Any mining operation, the reclamation of which is required in a 20
permit obtained under ch. 293 or subch. III of ch. 295
Subchapter III of chapter 295 [precedes 295.40] of the statutes is 22
created to read:
ferrous metallic mining
1295.40 Legislative findings.
The legislature finds all of the following:
That attracting and aiding new mining enterprises and expanding the 3
mining industry in Wisconsin is part of Wisconsin public policy.
That mining for nonferrous metallic minerals is different from mining for 5
ferrous minerals because in mining for nonferrous metallic minerals, sulfide 6
minerals react, when exposed to air and water, to form acid drainage.
That if the mineral products and waste materials associated with 8
nonferrous metallic sulfide mining operations are not properly managed and 9
controlled, they can cause significant damage to the environment, affect human 10
health, and degrade the quality of life of the affected community.
That the special concerns surrounding nonferrous metallic mining warrant 12
more stringent regulatory measures than those warranted for ferrous mineral 13
That the provisions in ch. 293, 2011 stats., are a deterrent to ferrous mineral 15
mining in this state and are not necessary to ensure that ferrous mineral mining will 16
be conducted in an environmentally sound manner.
That simplifying and shortening the permitting process for ferrous mineral 18
mining when compared to nonferrous metallic mineral mining, as Minnesota and 19
Michigan have done, will encourage ferrous mineral mining in Wisconsin and create 20
jobs and generate resources for the state.
That because of the fixed location of ferrous mineral deposits in the state, 22
it is probable that mining those deposits will result in adverse impacts to wetlands 23
and that, therefore, the use of wetlands for bulk sampling and mining activities, 24
including the disposal or storage of mining wastes or materials, or the use of other
lands for mining activities that would have a significant adverse impact on wetlands, 2
is presumed to be necessary.
In this subchapter:
"Air pollution" means the presence in the atmosphere of one or more air 5
contaminants in such quantities and of such duration as is injurious to human health 6
or welfare, animal or plant life, or property.
"Applicant" means a person who applies for, or is preparing to apply for, an 8
exploration license or a mining permit or who files a bulk sampling plan.
"Approval" means any permit, license, certification, contract, or other 10
authorization that the department issues, or any other action by the department, 11
that is required for exploration, to engage in bulk sampling at a bulk sampling site, 12
or to construct or operate a mining site, including any action required for any of the 13
(a) The withdrawal of land entered as county forest land under s. 28.11 and any 15
modification of, or amendment to, a county forest land use plan necessitated by the 16
withdrawal of the land.
(b) The withdrawal of land entered as forest cropland under s. 77.10.
(c) The withdrawal of land designated as managed forest land under subch. VI 19
of ch. 77 and any modification of, or amendment to, a managed forest land 20
management plan necessitated by the withdrawal of the land.
"Background water quality" means the concentration of a substance in 22
groundwater as determined by monitoring at locations that will not be affected by 23
a mining site.
"Baseline water quality" means the concentration of a substance in 2
groundwater or surface water as determined by monitoring before mining operations 3
"Borrow materials" means soil or rock used in construction or reclamation 5
"Bulk sampling" means excavating in a potential mining site by removing 7
less than 10,000 tons of material for the purposes of obtaining site-specific data to 8
assess the quality and quantity of the ferrous mineral deposits and of collecting data 9
from and analyzing the excavated materials in order to prepare the application for 10
a mining permit or for any other approval.
"Closing" means the time at which a mining waste site ceases to accept 12
"Closure" means the actions taken by an operator to prepare a mining waste 14
site for long-term care and to make it suitable for other uses.
"Construct" means to engage in a program of on-site construction, 16
including site clearing, grading, dredging, or filling of land.
"Department" means the department of natural resources.
"Disposal" means the discharge, deposit, injection, dumping, or placing of 19
a substance into or on any land or water.
"Environmental impact report" means a document submitted by a person 21
seeking a mining permit that discloses environmental impacts of the proposed 22
"Environmental impact statement" means a detailed statement under s. 24
1.11 (2) (c).
"Environmental pollution" means contaminating or rendering unclean or 2
impure the air, land, or waters of the state, or making the air, land, or waters of the 3
state injurious to public health or animal or plant life.
"Exploration license" means a license under s. 295.44.
"Ferrous mineral" means an ore or earthen material in natural deposits 6
in or on the earth that primarily exists in the form of an iron oxide, including taconite 7
"Fill area" means an area proposed to receive or that is receiving direct 9
application of mining waste.
"Freeboard" means the height of the top of a dam above the adjacent liquid 11
surface within the impoundment.
"Groundwater" means any of the waters of the state occurring in a 13
saturated subsurface geological formation of rock or soil.
"Groundwater quality" means the chemical, physical, biological, thermal, 15
or radiological quality of groundwater at a site or within an underground aquifer.
"Groundwater quality standards" means numerical values consisting of 17
enforcement standards and preventive action limits contained in Table 1 of s. NR 18
140.10, and Table 2 of s. NR 140.12, Wis. Adm. Code, and any preventive action limits 19
for indicator parameters identified under s. NR 140.20 (2), Wis. Adm. Code.
"Leachate" means water or other liquid that has been contaminated by 21
dissolved or suspended materials due to contact with refuse disposed of on the 22
"Merchantable by-product" means all waste soil, rock, mineral, liquid, 24
vegetation, and other material directly resulting from or displaced by the mining, 25
cleaning, or preparation of minerals, during mining operations, that are determined
by the department to be marketable upon a showing of marketability made by the 2
operator, accompanied by a verified statement by the operator of his or her intent to 3
sell the material within 3 years from the time it results from or is displaced by 4
"Mining" means all or part of the process involved in the mining of a 6
ferrous mineral, other than for exploration, including commercial extraction, 7
agglomeration, beneficiation, construction of roads, removal of overburden, and the 8
production of refuse, involving the removal of more than 15,000 tons of earth 9
material a year in the regular operation of a business for the purpose of extracting 10
a ferrous mineral.
"Mining permit" means the permit under s. 295.58.
"Mining plan" means a proposal for mining on a mining site, including a 13
description of the systematic activities to be used for the purpose of extracting 14
"Mining site" means the surface area disturbed by mining, including the 16
surface area from which the ferrous minerals or refuse or both have been removed, 17
the surface area covered by refuse, all lands disturbed by the construction or 18
improvement of haulageways, and any surface areas in which structures, 19
equipment, materials, and any other things used in the mining are situated.
"Mining waste" means tailings, waste rock, mine overburden, waste 21
treatment sludges, or other discarded material, including solid, liquid, semi-solid, 22
or contained gaseous material, resulting from mining or from the cleaning or 23
preparation of ferrous minerals during mining operations, except that "mining 24
waste" does not include topsoil and mine overburden intended to be returned to the 25
mining site or used in the reclamation process and that is placed on the mining site
for those purposes, as provided for in the approved mining plan, and does not include 2
"Mining waste site" means any land or appurtenances thereto used for the 4
storage or disposal of mining waste or for the storage of merchantable by-products, 5
but does not include land or appurtenances used in the production or transportation 6
of mining waste, such as the concentrator, haul roads, or tailings pipelines, that are 7
part of the mining site.
"Nonferrous metallic mineral" means an ore or other earthen material to 9
be excavated from natural deposits on or in the earth for its metallic content but not 10
primarily for its iron oxide content.
"Operator" means any person who is engaged in mining, or who holds a 12
mining permit, whether individually, jointly, or through subsidiaries, agents, 13
employees, or contractors.
"Overburden" means any unconsolidated material that overlies bedrock.
"Person" means an individual, corporation, limited liability company, 16
partnership, association, local governmental agency, interstate agency, state agency, 17
or federal agency.
"Piping" means the progressive erosion of materials from an embankment 19
or foundation caused by the seepage of water.
"Principal shareholder" means any person who owns at least 10 percent 21
of the beneficial ownership of an applicant or operator.
"Reagent" means a substance or compound that is added to a system in 23
order to bring about a chemical reaction or is added to see if a reaction occurs to 24
confirm the presence of another substance.
"Reclamation" means the process by which an area physically or 2
environmentally affected by exploration or mining is rehabilitated to either its 3
original state or to a state that provides long-term environmental stability.
"Reclamation plan" means the proposal for the reclamation of an 5
exploration site under s. 295.44 (2) (b) or a mining site under s. 295.49.
"Refuse" means all mining waste and all waste materials deposited on or 7
in the mining site from other sources, except merchantable by-products.
"Related person" means any person that owns or operates a mining site 9
in the United States and that is one of the following when an application for a mining 10
permit is submitted to the department:
(a) The parent corporation of the applicant.
(b) A person that holds more than a 30 percent ownership interest in the 13
(c) A subsidiary or affiliate of the applicant in which the applicant holds more 15
than a 30 percent ownership interest.
"Subsidence" means lateral or vertical ground movement caused by a 17
failure, initiated at the mine, of a man-made underground mine, that directly 18
damages residences or commercial buildings, except that "subsidence" does not 19
include lateral or vertical ground movement caused by earthquake, landslide, soil 20
conditions, soil erosion, soil freezing and thawing, or roots of trees and shrubs.
"Tailings" means waste material resulting from beneficiation of crushed 22
ferrous minerals at a concentrator or from washing, concentration, or treatment of 23
crushed ferrous minerals.
"Unsuitable" means that the land proposed for mining is not suitable for 2
mining because the mining activity will more probably than not destroy or 3
irreparably damage any of the following:
(a) Habitat required for survival of species of vegetation or wildlife designated 5
as endangered through prior inclusion in rules adopted by the department, if the 6
endangered species cannot be reestablished elsewhere.
(b) Unique features of the land, as determined by state or federal designation 8
and incorporated in rules adopted by the department, as any of the following, which 9
cannot have their unique characteristic preserved by relocation or replacement 10
1. Wilderness areas.
2. Wild and scenic rivers.
3. National or state parks.
4. Wildlife refuges and areas.
5. Listed properties, as defined in s. 44.31 (4).
"Wastewater and sludge storage or treatment lagoon" means a 17
man-made containment structure that is constructed primarily of earthen 18
materials, that is for the treatment or storage of wastewater, storm water, or sludge, 19
and that is not a land disposal system, as defined in s. NR 140.05 (11), Wis. Adm. 20