Chapter 293, NONFERROUS METALLIC MINING

293.01 Definitions. In this chapter, unless the context requires otherwise: (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…

293.11 Mine effect responsibility. The department shall serve as the central unit of state government to ensure that the air, lands, waters, plants, fish and wildlife affected by prospecting or mining in this state will receive the greatest practicable degree of protection and re…

293.13 Department duties. (1) The department shall: (a) Adopt rules, including rules for prehearing discovery, implementing and consistent with this chapter. (b) Establish by rule after consulting with the metallic mining council minimum qualifications for applicants for prospect…

293.15 Department powers. The department may: (1) Hold hearings relating to any aspect of the administration of this chapter and, in connection therewith, compel the attendance of witnesses and production of evidence. (2) Cooperate or contract with the geological and natural hist…

293.21 Exploration. (1) DEFINITIONS. In this section: (a) “Driller” means a person who performs core, rotary, percussion or other drilling involved in exploration for nonferrous metallic minerals. (b) “Parcel” means an identified section, fractional section or government lot. (c)…

293.25 Radioactive waste site exploration. (1) DEFINITIONS. In this section and for the purposes of determining the applicability of ss. 293.13, 293.15 (1) to (12), 293.21, 293.81, 293.87, 293.89, 293.93 and 293.95: (a) “Person” includes any person operating under a contract or u…

293.26 Bulk sampling. 293.26(1)(1) In this section, “approval” means any permit, license, certification, contract, or other authorization that the department issues, or any other action by the department, that is required to engage in bulk sampling. 293.26(1m)(1m) No person may e…

293.31 Preapplication notification; data collection. (1) At least 12 months before filing an application for a prospecting permit under s. 293.35 or a mining permit under s. 293.37, a person proposing to engage in a prospecting or mining project shall notify the department in wri…

293.32 Prospecting and mining fees. (1) When a person gives notice under s. 293.31 (1), the person shall pay a fee established by the department by rule designed to cover the costs incurred by the department in connection with the proposed prospecting or mining during the year fo…

293.33 Local impact committee. (1) A county, town, village, city or tribal government likely to be substantially affected by potential or proposed mining may designate an existing committee, or establish a committee, for purposes of: (a) Facilitating communications between operat…

293.35 Application for prospecting permit. (1) No person may engage in prospecting without securing a prospecting permit issued under s. 293.45. Application for prospecting permits shall be made in writing to the department upon forms prepared and furnished by the department. An …

293.37 Application for mining permit. (1) (a) No operator may engage in mining or reclamation at any mining site that is not covered by a mining permit and by written authorization to mine under s. 293.51 (3). Applications for mining permits shall be made in writing and in reprod…

293.39 Environmental impact statement. (1) The department shall prepare an environmental impact statement for every mining permit under s. 293.49. In preparing the environmental impact statement, the department shall comply with sub. (2) and s. 1.11 (2). (2) A statement prepared …

293.40 Timeline for review. (1) Subject to subs. (4) and (5), within 180 days after an applicant submits an application for a prospecting or mining permit, an environmental impact report, if required, and any applications for other approvals, licenses, or permits relating to the …

293.41 Local agreements. (1) A county, town, village, city or tribal government that requires an operator to obtain an approval or permit under a zoning or land use ordinance and a county, town, village or city in which any portion of a proposed mining site is located may, indivi…

293.43 Hearings on permit applications. (1) APPLICABILITY. This section shall govern all hearings on applications for prospecting or mining permits. (1m) SCOPE. (a) The hearing on the prospecting or mining permit shall cover the application and any statements prepared under s. 1.…

293.45 Prospecting; department grant or denial of permit. (1) The department shall issue a prospecting permit under this section to an applicant within 60 days following the date of the completion of the hearing record if, on the basis of the application, the department’s investi…

293.47 Prospecting data. (1) DEFINITIONS. In this section: (a) “Economic information” means financial and economic projections for any potential mining of an ore body including estimates of capital costs, predicted expenses, price forecasts and metallurgical recovery estimates. (…

293.49 Mining; department grant or denial of permit. (1) (a) Except as provided in sub. (2) 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: 1. …

293.495 Subsequently filed applications for other approvals. (1) (a) 1. For purposes of this subsection, an application for an approval other than a mining or prospecting permit is considered to be complete on the 30th day after the department receives the application unless, bef…

293.51 Bonds and other security. (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 …

293.53 Review of permits; periodic reports. (1) (a) Eighteen months after the issuance of a prospecting permit, and annually thereafter until prospecting ceases, the department shall review the permit, reclamation plan and bond to ascertain adequacy, compliance with state or fede…

293.55 Modifications. (1) (a) Application. An operator at any time may apply for amendment or cancellation of a mining permit or for a change in the mining or reclamation plans for any mining operation which the operator owns or leases. The operator shall submit any application f…

293.57 Successors. When one operator succeeds to the interest of another in an uncompleted mining operation by sale, assignment, lease or otherwise, the department shall release the first operator from the duties imposed upon the first operator by this chapter as to such operatio…

293.59 Cessation of mining or reclamation. If there is a cessation of mining or reclamation which is not set forth in either the mining plan or the reclamation plan, the operator shall so notify the department within 48 hours and shall commence stabilization of the mining site ac…

293.61 Determination of abandonment of mining. (1) Except as provided under sub. (2), abandonment of mining occurs if there is a cessation of mining, not set forth in an operator’s mining or reclamation plans or by any other sufficient written or constructive notice, extending fo…

293.63 Certificate of completion, partial completion and bond release. (1) Upon the petition of the operator, but not less than 4 years after notification to the department by the operator of the completion of the reclamation plan, if the department finds after conducting a heari…

293.65 Withdrawal of surface waters; withdrawal of groundwater; damage claims. (1) SCOPE. This section governs the withdrawal of groundwaters or surface waters by persons engaged in prospecting or mining. Discharges of waters are subject to ch. 283, construction of necessary dams…

293.66 Groundwater quality. (1) For the site of any activity that will take place under a mining or prospecting permit or under another approval related to a mining or prospecting operation, the department shall determine the depth in the Precambrian bedrock below which the groun…

293.81 Exploring, bulk sampling, prospecting, and mining without authorization. Any person who engages in exploration without a license or bulk sampling without the necessary license or approvals shall forfeit not less than $100 nor more than $1,000 for each parcel as defined und…

293.83 Mining and reclamation; orders. (1) (a) Violations; order or other action required. If the department finds a violation of law or any unapproved deviation from the mining or reclamation plan at a mining site under a mining permit: 1. The department shall issue an order req…

293.85 Cancellation of permit. The department may, after hearing, cancel: (1) The prospecting permit for a prospecting site that is the site of a violation of this chapter. (2) The mining permit for a mining site that is the site of a violation of this chapter. (3) A mining or pr…

293.86 Visitorial powers of department. Any duly authorized officer, employee or representative of the department may enter and inspect any property, premises or place on or at which any prospecting or mining operation or facility is located or is being constructed or installed a…

293.87 Enforcement; penalties. (1) All orders issued, fines incurred, bond liabilities incurred or other violations committed under this chapter shall be enforced by the department of justice. The circuit court of Dane County or any other county where the violation occurred shall…

293.89 Citizen suits. (1) Except as provided in sub. (2), any citizen may commence a civil action on his or her own behalf: (a) Against any person who is alleged to be in violation of this chapter. (b) Against the department where there is alleged to be a failure of the departmen…

293.91 Nonconforming sites. (1) All prospectors and operators conducting mining operations in this state on July 3, 1974 shall submit to the department, within 90 days after that date, applications for prospecting permits or mining permits as provided in ss. 293.35 and 293.37. Se…

293.93 Effect of other statutes. If there is a standard under other state or federal statutes or rules which specifically regulates in whole an activity also regulated under this chapter the other state or federal statutes or rules shall be the controlling standard. If the other …

293.95 Review. (1) LIMITS ON CONTESTED CASE HEARINGS. No person is entitled to a contested case hearing on a decision by the department on an exploration license or relating to bulk sampling. No person is entitled to a contested case hearing on a decision by the department on a m…