The legislature properly withheld the authority to simply continue the application process after an ownership change. The state law is written the way it is for a good reason and must be obeyed. The ability of a mining company to comply with state law and to reimburse taxpayers for environmental accidents is key to evaluation a mining application. Issues such as liability, environmental record, management oversight, and financial strength change with new ownership. The need for such a substitution might occur, for example, if a mine permit applicant either is acquired by another company or sells the property and right to mine to another company.
Metallic mining is regulated under ch.
The current statutes do not contain a provision establishing a procedure for the substitution of one mining permit applicant for another during the application process. The administrative rules regarding metallic mining, chs. Wis. Adm. Code, also do not address this situation. The DNR staff proposes that under current statutes and rules, one mine permit applicant could be substituted for another during the permit application process if the successor applicant agrees to comply with any commitments made by the first applicant. Also, the DNR staff notes that statutory requirements related to the past record of the applicant with respect to mining at other locations and the applicable provisions of any local agreements under s. 293.41, Stats., would also bind the successor applicant.