Chapter 295, NONMETALLIC MINING RECLAMATION; OIL AND GAS; FERROUS METALLIC MINING

295.11 Definitions. In this subchapter: (1) “Department” means the department of natural resources. (2) “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 fo…

295.12 Nonmetallic mining reclamation rules. (1) RULES. The department shall establish all of the following by rule: (a) Uniform statewide standards for nonmetallic mining reclamation. (b) Provisions for the administration of this subchapter by the department. (c) Uniform statewi…

295.13 Mandatory enactment and administration of ordinance by counties. (1) MANDATORY ENACTMENT AND ADMINISTRATION OF ORDINANCE. (a) Requirement to enact and administer ordinance. Within 6 months after the effective date of the rules under s. 295.12 (1), each county shall enact a…

295.14 Authority to enact and administer ordinance. (1) AUTHORITY TO ENACT AND ADMINISTER ORDINANCE. A city, village or town may enact and administer a nonmetallic mining reclamation ordinance, that complies with the rules under s. 295.12 (1). Except as provided in sub. (2), a ci…

295.15 Fees. A county or a city, village or town with a nonmetallic mining reclamation ordinance shall collect the fee established under s. 295.12 (3) (e) and shall forward the state’s portion of the fee to the department within 90 days after collecting the fee. A county or a cit…

295.16 Applicability of nonmetallic mining reclamation requirements. (1) NONMETALLIC MINING FOR TRANSPORTATION PURPOSES. (a) Notwithstanding par. (b), any requirements of the department of transportation concerning the restoration of a nonmetallic mining site shall be consistent …

295.17 Inspection. (1) An agent of a county, city, village or town that has a nonmetallic mining reclamation ordinance that complies with s. 295.13 or 295.14 may enter a nonmetallic mining site in the performance of his or her official duties at any reasonable time in order to in…

295.18 Department review. (1) REVIEW. The department shall periodically review the nonmetallic mining reclamation program under this subchapter of each county and each city, village or town that exercises jurisdiction under this subchapter to ascertain compliance with this subcha…

295.19 Enforcement; remedies; penalties. (1) ORDERS; ENFORCEMENT. The governing body of a county, city, village or town that has a nonmetallic mining reclamation ordinance that complies with s. 295.13 or 295.14, or an agent designated by that governing body, may do any of the fol…

295.20 Preservation of marketable nonmetallic mineral deposits. (1) REGISTRATION. (a) Beginning on October 14, 1997, a landowner may register land owned by that person under this section if all of the following apply: 1. The land has a marketable nonmetallic mineral deposit, as e…

295.31 Definitions; oil and gas. In this subchapter: (1) “Department” means the department of natural resources. (2) “Exploration” means the on-site geologic examination from the surface of an area by core, rotary, percussion or other drilling for the purpose of searching for oil…

295.33 Oil and gas exploration and production. (1) No person may engage in the exploration for oil or gas without a license from the department. (2) No person may engage in the production of oil or gas without a license from the department. (3) No person may commit waste in the e…

295.35 Departmental powers and duties; oil and gas. (1) The department shall establish a licensing procedure for oil and gas exploration and production in this state. The procedure shall require the applicant to do all of the following: (a) Submit any information that the departm…

295.37 Penalties; oil and gas. (1) Any person who makes or causes to be made in an application or report required under this subchapter a statement known to the person to be false or misleading in any material respect or who refuses to submit information required by the departmen…

295.40 Legislative findings. The legislature finds all of the following: (1) That attracting and aiding new mining enterprises and expanding the mining industry in Wisconsin is part of Wisconsin public policy. (2) That mining for nonferrous metallic minerals is different from min…

295.41 Definitions. In this subchapter: (1) “Air pollution” means the presence in the atmosphere of one or more air contaminants in such quantities and of such duration as is injurious to human health or welfare, animal or plant life, or property. (2) “Applicant” means a person w…

295.43 Responsibilities related to mining. The department shall serve as the central unit of state government to ensure that the impact from mining and reclamation on the air, lands, waters, plants, fish, and wildlife in this state will be minimized and offset to the extent pract…

295.44 Exploration. (1) DEFINITIONS. In this section: (a) “Abandonment” means the filling or sealing of a drillhole. (b) “Clay slurry” means a fluid mixture of native clay formation or commercial clay or clay mineral products and water prepared with only the amount of water neces…

295.443 Local impact committee; local agreement. (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 communicat…

295.45 Bulk sampling plan. (1) A person who intends to engage in bulk sampling may file a bulk sampling plan with the department. The collection of data under a bulk sampling plan may include sampling and analysis related to geophysical, geochemical, groundwater, and surface wate…

295.46 Preapplication description. (1) A person who files a bulk sampling plan under s. 295.45 with regard to a proposed mining project shall file, together with the bulk sampling plan, a general description of the proposed mining project. A person who proposes to engage in a min…

295.465 Preapplication notification. (1) Except as provided in sub. (3), at least 12 months before filing an application for a mining permit under s. 295.47, a person proposing to engage in a mining project shall notify the department and the U.S. army corps of engineers in writi…

295.47 Application for mining permit. (1) (a) No person may engage in mining or reclamation at any mining site unless the mining site is covered by a mining permit and by written authorization to mine under s. 295.59 (3). An applicant shall submit an application for a mining perm…

295.48 Mining plan. SUBCHAPTER I NONMETALLIC MINING RECLAMATION Cross-reference: See also ch. NR 135, Wis. adm. code.

295.49 Reclamation plan. (1) An applicant for a mining permit shall submit as part of the application a reclamation plan, designed to minimize adverse effects to the environment to the extent practicable, that includes all of the following: (a) A description of the manner, locati…

295.51 Mining waste site location criteria; feasibility study, and plan of operation. (1) DEFINITIONS. In this section: (a) “Groundwater flow net” means a drawing showing equipotential contour lines and the direction that groundwater will flow. (c) “Regional” means relating to th…

295.53 Environmental impact statement. (1) CONSULTANTS. The department may enter into contracts for environmental consultant services under s. 23.41 to assist in the preparation of an environmental impact statement or to provide assistance to applicants. (2) NOTICE. After the dep…

295.56 Exemptions. (1) The department may grant an exemption, as provided in this section, from any of the requirements of this subchapter applicable to any of the following: (a) A mining permit application, including the mining plan, reclamation plan, and mining waste site feasi…

295.57 Application procedure. (1) SUBMISSION. (a) An applicant shall submit the application for a mining permit as provided in s. 295.47. (b) The department shall protect as confidential any information, other than effluent data, contained in an application for a mining permit, u…

295.58 Mining; department grant or denial of permit. (1) CRITERIA FOR APPROVAL. (a) Except as provided in sub. (2) and except with respect to property specified in s. 41.41 (11), the department shall issue a mining permit if it finds all of the following: 1. That the mining plan …

295.59 Bonds and other security. (1) SECURITY FOR RECLAMATION. (a) Upon notification that an application for a mining permit has been approved by the department but before beginning mining, the operator shall furnish one of the following to the department: 1. A bond, furnished by…

295.60 Impacts to wetlands. (1) DEFINITIONS. In this section: (a) “Artificial wetland” means a landscape feature where hydrophytic vegetation may be present as a result of human modifications to the landscape or hydrology and for which there is no prior wetland or stream history.…

295.605 Impacts to navigable waters. (1) DEFINITION. In this section, “navigable water activity” means an activity for which an approval is required under s. 30.12, 30.123, 30.19, 30.195, or 30.20. (1m) LIMITATION. This section does not apply to any navigable water activity assoc…

295.607 Shoreland and floodplain zoning. (1) (a) In this section: 1. “Development or construction activity” means a waste site, structure, building, fill, or other development or construction activity. 2. “Shoreland zoning ordinance” means a shoreland zoning ordinance or regulati…

295.61 Withdrawals of surface waters and groundwater. (1) DEFINITIONS. In this section: (a) “Authorized base level of water loss” has the meaning given in s. 281.35 (1) (b). (b) “Environmentally sound and economically feasible water conservation measures” has the meaning given in…

295.62 Mining waste site construction and completion reports. (1) An operator shall construct a mining waste site substantially in accordance with the approved mining waste site feasibility study and plan of operation. (2) The operator shall inspect the mining waste site before i…

295.63 Modifications; reporting. (1) (a) An operator at any time may request a change to a mining permit, the mining plan, the reclamation plan, or the mining waste site feasibility study and plan of operation for any mining site that the operator owns or leases, or request cance…

295.635 Required mining waste site inspections, record keeping, reporting, and responses. (1) DEFINITIONS. In this section: (a) “Active dam” means a dam and associated settling area into which tailings or wastewater are being introduced or that has not been reclaimed in a manner …

295.64 Mining site monitoring; general. (1) GENERAL. The department, as a condition of a mining permit, shall require the operator to perform adequate monitoring of environmental changes during the course of the mining and for the additional period of time that is necessary to sa…

295.643 Mining waste site monitoring. (1) GENERAL. The department may require the monitoring of groundwater, surface water, leachate, or other physical features associated with a mining waste site. (2) PHYSICAL FEATURES. The department may require the monitoring of air quality, b…

295.645 Groundwater quality, monitoring, and response. (1) DEFINITIONS. In this section: (a) “Alternative concentration limit” means the concentration of a substance in groundwater established by the department to 295.645 replace a groundwater quality standard when the department…

295.65 Successors. (1) 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 subchapter as to the m…

295.66 Cessation of mining or reclamation. If there is a cessation of mining or reclamation for 30 days or more that is not set forth in either the mining plan or the reclamation plan, the operator shall notify the department of the cessation within 48 hours of the cessation of m…

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

295.68 Certificates of completion and release of security. (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 or not less than one year after notification to the departmen…

295.69 Termination of proof of financial responsibility for long-term care of mining waste site. (1) One year after closure, and annually thereafter until the department terminates the obligation to maintain proof of financial responsibility for long-term care of a mining waste s…

295.695 Inspections by the department. (1) Any duly authorized officer, employee, or representative of the department who has received the safety training under 30 CFR 48.31 may enter and inspect any property, premises, or place on or at which any mining operation or facility is …

295.73 Fees. (1) (a) Except as provided in par. (b), an applicant for a mining permit is not required to pay any application or filing fee for any approval other than a mining permit, notwithstanding any fee required under ch. 23, 29, 30, 31, 169, 281, 283, 285, 289, or 291, or r…

295.75 Effect of other laws. (1) Except as provided in sub. (2), if there is a conflict between a provision in this subchapter and a provision in ch. 23, 29, 30, 31, 160, 169, 281, 283, 285, 289, or 291 or in a rule promulgated under one of those chapters, the provision in this s…

295.77 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 an approval that is required before bulk sampling may be implemented. No person is entitled to a contested case hea…