SB1-SSA2,101,1817 (d) 1. The department shall deny a request for an exemption if granting the
18exemption would violate federal law.
SB1-SSA2,101,2419 2. If federal law imposes a standard for an exemption that differs from the
20standard in par. (c) and that cannot be modified by state law, and if that standard has
21been approved by the federal government for use by the state through a delegation
22agreement, federally approved state implementation plan, or other program
23approval, then the department shall determine whether to grant the request for the
24exemption using the federal standard.
SB1-SSA2,102,2
1295.57 Application procedure. (1) Submission. (a) An applicant shall
2submit the application for a mining permit as provided in s. 295.47.
SB1-SSA2,102,83 (b) The department shall protect as confidential any information, other than
4effluent data, contained in an application for a mining permit, upon a showing that
5the information is entitled to protection as a trade secret, as defined in s. 134.90 (1)
6(c), and any information relating to production or sales figures or to processes or
7production unique to the applicant or that would tend to adversely affect the
8competitive position of the applicant if made public.
SB1-SSA2,102,15 9(2) Determination of administrative completeness. (a) The department shall
10review an application for a mining permit and, within 30 days after the application
11is submitted, shall determine either that the application is complete or that
12additional information is needed. If the department determines that the application
13is complete, the department shall notify the applicant in writing of that fact within
14the 30-day period and the date on which the department sends the notice is the day
15on which the application is administratively complete.
SB1-SSA2,102,2316 (b) If the department determines under par. (a) that an application is
17incomplete, the department shall notify the applicant in writing and may make one
18request for additional information during the 30-day period specified in par. (a).
19Within 10 days after receiving additional requested information from the applicant,
20the department shall notify the applicant in writing as to whether it has received all
21of the requested information. The day on which the department sends the 2nd notice
22under this paragraph is the day on which the application is administratively
23complete.
SB1-SSA2,103,3
1(c) If the department fails to meet the 30-day time limit under par. (a) or the
210-day time limit under par. (b), the application is administratively complete on the
3last day of the 30-day time limit or 10-day time limit.
SB1-SSA2,103,74 (d) The department may request additional information needed to process a
5mining application from the applicant after the application is administratively
6complete, but the department may not delay the determination of administrative
7completeness based on a request for additional information.
SB1-SSA2,103,11 8(3) Notice of additional approvals. Within 30 days after the mining permit
9is administratively complete under sub. (2), the department shall notify the
10applicant in writing of any approval required for the construction or operation of the
11mining site that was not previously identified by the department.
SB1-SSA2,103,16 12(3m) Receipt of certain approvals. If a storm water discharge permit under
13s. 283.33 (1) (a) or a water quality certification under rules promulgated under subch.
14II of ch. 281 to implement 33 USC 1341 (a) is needed for a mining operation, the
15person applying for the mining permit may apply for and be issued the permit or
16certification.
SB1-SSA2,103,19 17(4) Public information and notice. (a) The department shall make available
18for review in the city, village, or town in which the proposed mining site is located,
19information concerning the proposed mining, including all of the following:
SB1-SSA2,103,2120 1. The application for the mining permit, including the mining plan,
21reclamation plan, and mining waste site feasibility study and plan of operation.
SB1-SSA2,103,2222 2. Any of the following relating to an approval other than the mining permit:
SB1-SSA2,103,2323 a. The application.
SB1-SSA2,103,2424 b. A draft approval.
SB1-SSA2,103,2525 c. Information or summaries relating to the approval.
SB1-SSA2,104,3
13. The environmental impact statement, environmental impact report, and any
2additional supporting information used in the department's evaluation of the
3proposed mining.
SB1-SSA2,104,54 4. The department's analyses and preliminary determinations relating to any
5approval.
SB1-SSA2,104,166 (b) The department shall distribute a notice that describes the availability of
7the information under par. (a); the opportunity for written public comment, including
8an invitation for the submission of written comments by any person within 45 days
9after the date of the publication of the notice; and the date, time, and location of the
10public informational hearing and that includes any additional information that a law
11concerning any approval requires to be provided. The department shall publish the
12notice as a class 1 notice under ch. 985 and shall publish notice on the department's
13Internet site. The date on which the department first publishes the notice on its
14Internet site shall be considered the date of the publication of the notice required to
15be published under this paragraph. The department shall also send the notice to all
16of the following:
SB1-SSA2,104,1817 1. The clerk of any city, village, town, or county with zoning jurisdiction over
18the proposed mining site.
SB1-SSA2,104,2019 2. The clerk of any city, village, town, or county within whose boundaries any
20portion of the proposed mining site is located.
SB1-SSA2,104,2221 3. The clerk of any city, village, or town, contiguous to any city, village, or town
22within whose boundaries any portion of the proposed mining site is located.
SB1-SSA2,104,2523 4. The main public library of each city, village, town, or county with zoning
24jurisdiction over the proposed mining site or within whose boundaries any portion
25of the proposed mining site is located.
SB1-SSA2,105,2
15. Any regional planning commission for the area within which the proposed
2mining site lies.
SB1-SSA2,105,53 6. Any state agency that the department knows is required to grant a permit
4or other authorization necessary for the construction or operation of the proposed
5mining project.
SB1-SSA2,105,96 7. The federal environmental protection agency, U.S. Army Corps of Engineers,
7and states potentially affected by the proposed discharge if a water discharge permit
8under ch. 283 or a wetland permit that constitutes a water quality certification as
9required by 33 USC 1341 (a) is to be considered at the public informational hearing.
SB1-SSA2,105,1210 8. The federal environmental protection agency and appropriate agencies in
11other states that may be affected if an air pollution control permit under ch. 285 is
12to be considered at the public informational hearing.
SB1-SSA2,105,1513 9. If a water withdrawal permit under s. 295.61 for a withdrawal of surface
14water is to be considered at the public informational hearing, the persons specified
15in s. 30.18 (4) (a).
SB1-SSA2,105,2116 10. If an individual permit under s. 30.12 for a structure through which water
17transferred from the Great Lakes basin would be returned to the source watershed
18through a stream tributary to one of the Great Lakes is to be considered at the public
19informational hearing, the governing body of each city, village, and town through
20which the stream flows or that is adjacent to the stream downstream from the point
21at which the water would enter the stream.
SB1-SSA2,105,2422 11. Any person upon request. The department's notice under this subdivision
23may be given through an electronic notification system established by the
24department.
SB1-SSA2,105,2525 12. The applicant.
SB1-SSA2,106,3
113. Any other person to whom the department is required to give notice of any
2proposed determination, application, or hearing concerning an approval under the
3laws relating to the issuance of any approval or under s. 1.11.
SB1-SSA2,106,94 (c) The department shall coordinate the public comment period for the mining
5permit with the public comment period for any other approval for the mining
6operation, except that if an application for an approval is filed too late to allow public
7comment within the public comment period for the mining permit, the department
8shall issue separate notice, as described in par. (b), for the approval after the
9application is filed.
SB1-SSA2,107,2 10(5) Informational hearing. The department shall hold a public informational
11hearing before it approves or denies an application for a mining permit and not less
12than 30 days after the date of the publication of the notice under sub. (4) (b). The
13department shall hold the public informational hearing in the county where the
14majority of the proposed mining site is located. The department shall hold a single
15public informational hearing covering the mining permit, all other approvals, and
16the environmental impact statement, except that if an application for an approval
17is filed too late to allow the application to be considered at the public informational
18hearing for the mining permit, the department shall hold a separate public
19informational hearing on the approval in the county where the majority of the
20proposed mining site is located not less than 30 days after the date of the publication
21of the notice under sub. (4) (b) for the approval. The department shall publish the
22notice on its Internet site not more than 10 days after the application is considered
23to be complete under sub. (8) (b) 1. The public informational hearing under this
24subsection is not a contested case hearing under ch. 227. At the hearing, the

1department shall take testimony on all of the following with regard to any proposed
2withdrawal of groundwater or surface water:
SB1-SSA2,107,43 (a) The public rights in any body of water and the related environment that may
4be injured by the proposed withdrawal of groundwater or surface water.
SB1-SSA2,107,65 (b) The public benefits provided by increased employment, economic activity,
6and tax revenues from the proposed mining operation.
SB1-SSA2,107,87 (c) The direct and indirect social and economic costs and benefits of the
8proposed mining operation.
SB1-SSA2,107,109 (d) Whether the proposed withdrawal of groundwater or surface water will
10consume nonsurplus water.
SB1-SSA2,107,1111 (e) The rights of competing users of the groundwater or surface water.
SB1-SSA2,107,1312 (f) Any other water withdrawal issues identified by the department as relevant
13to the decision of whether to issue or deny a permit.
SB1-SSA2,107,17 14(6) Summary. After considering the comments received under subs. (4) and (5)
15and before acting on the application for the mining permit, the department shall
16prepare a summary of the comments and the department's response to the
17comments.
SB1-SSA2,108,2 18(7) Deadline for acting on mining permit application. (a) No later than the
19deadline specified by the applicant under s. 295.47 (1) (am) or, if the applicant does
20not specify a deadline under s. 295.47 (1) (am), no more than 420 days after the day
21on which the application for a mining permit is administratively complete under sub.
22(2), the department shall approve the application, and issue a mining permit, or deny
23the application, in accordance with s. 295.58, unless the department and the
24applicant agree to extend the deadline. The department and the applicant may agree
25to not more than one extension and that extension may not exceed 60 days. The

1department and the applicant may enter into an extension only if one of the following
2applies:
SB1-SSA2,108,43 1. An extension is necessary to enable the department and the U.S. Army Corps
4of Engineers to jointly prepare their environmental impact statements.
SB1-SSA2,108,65 2. New information or a change to the mining proposal necessitates additional
6time to review the application.
SB1-SSA2,108,97 (b) If the department does not comply with the deadline under par. (a),
8including any extension agreed to by the applicant, the department shall refund the
9fees under s. 295.73 (3) (a), (d), and (e) that were paid by the applicant.
SB1-SSA2,108,1610 (c) If the department does not comply with the deadline under par. (a),
11including any extension agreed to by the applicant, the applicant may bring an action
12for mandamus in the circuit court for the county in which the majority of the proposed
13mining site is located to compel the department to approve or deny the application.
14Notwithstanding s. 814.04 (1), in an action under this paragraph the court shall
15award the applicant its costs, including reasonable attorney fees, if it determines
16that the department did not comply with the deadline under par. (a).
SB1-SSA2,108,24 17(8) Deadline for acting on other approvals. (a) Except as provided in par.
18(c), if an applicant files an application for an approval other than a mining permit
19no later than 60 days after the day on which the application for the mining permit
20is administratively complete under sub. (2) or more than 60 days after that day but
21in time to allow the application to be considered at the public informational hearing
22for the mining permit under sub. (5), the department shall approve the application,
23and issue the approval, or deny the application no later than the deadline under sub.
24(7) (a), including any extension agreed to by the applicant.
SB1-SSA2,109,12
1(b) 1. If an applicant files an application for an approval other than a mining
2permit too late to allow the application to be considered at the public informational
3hearing for the mining permit under sub. (5) but before the department issues the
4decision to grant or deny the application for the mining permit, the application for
5the approval is considered to be complete on the 30th day after the department
6receives the application, unless, before that day, the department provides the
7applicant with written notification that the application is not complete, stating the
8reason for the determination and describing the specific information necessary to
9make the application complete. If the department provides such a notice, the
10applicant shall supplement the application by providing the specified information.
11The application is considered to be complete when the applicant provides the
12information.
SB1-SSA2,109,1713 2. Except as provided in subd. 3., the department shall approve the application
14for an approval described in subd. 1., and issue the approval, or deny the application
15after the separate public informational hearing for the approval required under sub.
16(5) and no later than 75 days after the application for the approval is considered to
17be complete under subd. 1.
SB1-SSA2,109,2318 3. Except as provided in par. (c), the department shall approve or deny the
19application for an approval described in subd. 1. that is an individual permit for
20which federal law requires the opportunity for public comment or the ability to
21request a public hearing prior to issuance of the approval after the separate public
22informational hearing required for the approval under sub. (5) and no later than 180
23days after the application is considered to be complete under subd. 1.
SB1-SSA2,110,3
1(c) The deadlines in pars. (a) and (b) do not apply to the application for an air
2pollution control permit under s. 285.62 for which the department receives an
3objection from the federal environmental protection agency under s. 285.62 (6).
SB1-SSA2,110,74 (d) The department shall incorporate an approval other than a mining permit
5into a single document with the mining permit, unless the application for the
6approval was filed more than 60 days after the day on which the application for the
7mining permit is administratively complete under sub. (2).
SB1-SSA2,110,13 8(8m) Submission of technical review to Great Lakes regional body. If an
9applicant files an application under s. 281.346 for an approval for a withdrawal of
10surface water or groundwater that is subject to regional review or council approval,
11the department shall provide its technical review, as defined in s. 281.346 (1) (u), to
12the regional body, as defined in s. 281.346 (1) (q), no later than 90 days after the
13applicant files the application for the approval.
SB1-SSA2,110,24 14(9) Applicable procedure. (a) The provisions of this section and ss. 295.58 (5)
15and (6) and 295.77 concerning public notice, comment, and hearing; issuance of
16department decisions; effective date of department decisions; and review of
17department decisions; and the duration of approvals apply to any approval for which
18the application is filed before the department issues the decision to grant or deny the
19application for the mining permit, notwithstanding any provisions related to those
20matters in s. 44.40 or 169.25, subch. I or VI of ch. 77, ch. 23, 29, 30, 31, 169, 281, 283,
21285, 289, or 291, or rules promulgated under those provisions, except as provided in
22s. 281.343 (7r) and except that if a withdrawal of surface water or groundwater is
23subject to regional review or council approval under s. 281.346, the applicable
24provisions related to regional review or council approval apply.
SB1-SSA2,111,6
1(b) The provisions of ss. 295.58 (5) and (6) and 295.77 concerning review of
2department decisions and the duration of department decisions apply to any
3approval for which the application is filed after the department issues the mining
4permit, notwithstanding any provisions related to those matters in s. 44.40 or
5169.25, subch. I or VI of ch. 77, ch. 23, 29, 30, 31, 169, 281, 283, 285, 289, or 291, or
6rules promulgated under those provisions, except as provided in s. 281.343 (7r).
SB1-SSA2,111,10 7295.58 Mining; department grant or denial of permit. (1) Criteria for
8approval.
(a) Except as provided in sub. (2) and except with respect to property
9specified in s. 41.41 (11), the department shall issue a mining permit if it finds all of
10the following:
SB1-SSA2,111,1211 1. That the mining plan and reclamation plan are reasonably certain to result
12in reclamation of the mining site consistent with this subchapter.
SB1-SSA2,111,1413 2. That the waste site feasibility study and plan of operation complies with s.
14295.51.
SB1-SSA2,111,1615 3. That the applicant has committed to conducting the proposed mining in
16compliance with the mining permit and any other approvals issued for the mining.
SB1-SSA2,111,2017 3m. That the proposed mining is likely to meet or exceed the requirements of
18any municipal floodplain zoning ordinance applicable to the proposed mining under
19s. 295.607 (3) to the extent that the ordinance has not been made inapplicable to the
20proposed mining by a local agreement under s. 295.443 (1m).
SB1-SSA2,111,2221 4. That the proposed mining is reasonably certain not to result in substantial
22adverse impacts to public health, safety, or welfare.
SB1-SSA2,111,2423 5. That the proposed mining will result in a net positive economic impact in the
24area reasonably expected to be most impacted by the mining.
SB1-SSA2,112,2
16. That the applicant has applied for all necessary zoning approvals applicable
2to the proposed mining.
SB1-SSA2,112,123 (b) The department shall approve or deny an application for a mining permit
4in writing and shall include the reasons for its decision with clarity and in detail.
5The department may modify the applicant's proposed mining plan, reclamation plan,
6or mining waste site feasibility study and plan of operation in order to meet the
7requirements of this subchapter, and, as modified, approve the application. The
8approval of the application for a mining permit constitutes the approval of the
9mining plan, reclamation plan, and waste site feasibility study and plan of operation.
10In its decision on the application for a mining permit, the department shall include
11a final decision on compliance with s. 1.11 and the requirements of s. 295.53,
12discussing all of the following:
SB1-SSA2,112,1413 1. Whether the department has considered the environmental impact
14statement and comments received on it.
SB1-SSA2,112,1515 2. Whether the department has complied with ss. 1.11 and 295.53.
SB1-SSA2,112,1816 3. Whether, consistent with social, economic, and other essential
17considerations, the department has adopted all practicable means within its
18authority to avoid or minimize any harm to the environment and, if not, why not.
SB1-SSA2,112,20 19(2) Criteria for denial. The department shall deny the mining permit if it
20finds any of the following:
SB1-SSA2,112,2121 (a) That the site is unsuitable for mining.
SB1-SSA2,112,2322 (b) That the proposed mining may reasonably be expected to create any of the
23following situations:
SB1-SSA2,113,224 1. Hazards resulting in irreparable, substantial physical damage to any of the
25following that cannot be prevented under the requirements of this subchapter,

1avoided to the extent practicable by removal from the area of hazard, or offset by
2purchase or by obtaining the consent of the owner:
SB1-SSA2,113,33 a. A dwelling house.
SB1-SSA2,113,44 b. A public building.
SB1-SSA2,113,55 c. A school.
SB1-SSA2,113,66 d. A church.
SB1-SSA2,113,77 e. A cemetery.
SB1-SSA2,113,88 f. A commercial or institutional building.
SB1-SSA2,113,99 g. A public road.
SB1-SSA2,113,1410 2. Irreparable substantial environmental damage to lake or stream bodies
11despite adherence to the requirements of this subchapter. This subdivision does not
12apply to an activity that the department has authorized under statute, except that
13the destruction or filling in of a lake bed may not be authorized unless it is authorized
14under s. 295.60, 295.605, or 295.61.
SB1-SSA2,113,1715 3. Landslides or substantial deposition from the proposed mining operation in
16stream or lake beds which cannot feasibly be prevented and which have not been
17authorized under s. 295.60 or 295.605.
SB1-SSA2,113,1918 (c) That the applicant has violated, and continues to fail to comply with, this
19subchapter.
SB1-SSA2,113,2520 (d) Subject to sub. (3), that the applicant, principal shareholder of the
21applicant, or a related person has within 10 years before the application is submitted
22forfeited a mining reclamation bond that was posted in accordance with a permit or
23other authorization for a mining operation in the United States, unless the forfeiture
24was by agreement with the entity for whose benefit the bond was posted and the
25amount of the bond was sufficient to cover all costs of reclamation.
SB1-SSA2,114,5
1(e) Subject to sub. (3), that the applicant, a related person, or an officer or
2director of the applicant has, within 10 years before the application is submitted,
3been convicted of more than one felony for violations of laws for the protection of the
4natural environment arising out of the operation of a mining site in the United
5States, unless one of the following applies:
SB1-SSA2,114,66 1. The person convicted has been pardoned for all of the felonies.
SB1-SSA2,114,87 2. The person convicted is a related person or an officer or director of the
8applicant with whom the applicant terminates its relationship.
SB1-SSA2,114,119 3. The applicant included in its permit application under s. 295.47 a plan to
10prevent the occurrence in this state of events similar to the events that directly
11resulted in the convictions.
SB1-SSA2,114,1612 (f) Subject to sub. (3), that the applicant or a related person has, within 10 years
13before the application is submitted, declared bankruptcy or undergone dissolution
14that resulted in the failure to reclaim a mining site in the United States in violation
15of a state or federal law and that failure has not been remedied and is not being
16remedied.
SB1-SSA2,114,2117 (g) Subject to sub. (3), that, within 10 years before the application is submitted,
18a mining permit or other authorization for mining issued to the applicant or a related
19person was permanently revoked because of a failure to reclaim a mining site in the
20United States in violation of state or federal law and that failure has not been and
21is not being remedied.
SB1-SSA2,115,4 22(3) Exception from denial criteria. The department may not deny a mining
23permit under sub. (2) (d) to (g) if the person subject to the convictions, forfeiture,
24permanent revocation, bankruptcy, or dissolution is a related person but the
25applicant shows that the person was not the parent corporation of the applicant, a

1person that holds more than a 30 percent ownership in the applicant, or a subsidiary
2or affiliate of the applicant in which the applicant holds more than a 30 percent
3interest at the time of the convictions, forfeiture, permanent revocation, bankruptcy,
4or dissolution.
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