reglab/statecodes huggingface dataset:
2023 Wisconsin Statutes & Annotations › Chapter 292 - Remedial action. › 292.25 - Report on impact of exemptions from liability.

292.25
Report on impact of exemptions from liability.
(1)
The department shall biennially determine all of the following:
(a)
The number of sites for which a person is seeking to qualify for an exemption under s. 292.15.
(b)
The number of sites for which a certificate of completion was issued under s. 292.15.
(c)
The number of sites for which a certificate of completion was issued under s. 292.15 at which it is discovered that the cleanup failed or at which additional hazardous substances are found after the certificate of completion was issued.
(d)
The number of sites described in par. (b) at which the department has determined that it is necessary to conduct remedial action using moneys from the environmental fund and the estimated costs of performing that remedial action.
(e)
The number of sites for which a claim was made against an insurance policy required under s. 292.15 (2) (ae).
(f)
The number of sites for which a claim was made against an insurance policy required under s. 292.15 (2) (af).
(2)
No later than September 15 of each even-numbered year, the department shall submit a report describing its determinations under sub. (1) to the legislature under s. 13.172 (2), to the governor and to the department of administration.
(3)
The department may require a person to provide information necessary for the department to make the determinations under sub. (1).
History:  1999 a. 9; 2015 a. 204.
2023 Wisconsin Statutes & Annotations › Chapter 292 - Remedial action. › 292.255 - Report on brownfield efforts.

292.255
Report on brownfield efforts.
The department of natural resources, the department of administration, and the Wisconsin Economic Development Corporation shall submit a report evaluating the effectiveness of this state's efforts to remedy the contamination of, and to redevelop, brownfields, as defined in s. 238.13 (1) (a).
History:  1999 a. 9, 84; 2007 a. 20; 2011 a. 32.
2023 Wisconsin Statutes & Annotations › Chapter 292 - Remedial action. › 292.26 - Civil immunity; local governmental units.

292.26
Civil immunity; local governmental units.
(1)
In this section, “local governmental unit" has the meaning given in s. 292.11 (9) (e) 1.
(2)
Except as provided in sub. (3), a local governmental unit is immune from civil liability related to the discharge of a hazardous substance on or from property formerly owned or controlled by the local governmental unit if the property is no longer owned by the local governmental unit at the time that the discharge is discovered and if any of the following applies:
(a)
The local governmental unit acquired the property through tax delinquency proceedings or as the result of an order by a bankruptcy court.
(b)
The local governmental unit acquired the property from a local governmental unit that acquired the property under a method described in par. (a).
(c)
The local governmental unit acquired the property through condemnation or other proceeding under ch. 32.
(d)
The local governmental unit acquired the property for the purpose of slum clearance or blight elimination.
(3)
Subsection (2) does not apply with respect to a discharge of a hazardous substance caused by an activity conducted by the local governmental unit while the local governmental unit owned or controlled the property.
History:  1997 a. 27.
2023 Wisconsin Statutes & Annotations › Chapter 292 - Remedial action. › 292.37 - Confidentiality of records.

292.37
Confidentiality of records.
(1)
Records. Except as provided under sub. (2), any records or other information furnished to or obtained by the department in the administration of ss. 292.31 and 292.35 are public records subject to s. 19.21.
(2)
Confidential records.
(a)
Application. An owner or operator of a solid waste facility may seek confidential treatment of any records or other information furnished to or obtained by the department in the administration of ss. 292.31 and 292.35.
(b)
Standards for granting confidential status. Except as provided under par. (c), the department shall grant confidential status for any records or information received by the department and certified by the owner or operator of the solid waste facility as relating to production or sales figures or to processes or production unique to the owner or operator of the solid waste facility or which would tend to adversely affect the competitive position of the owner or operator if made public.
(c)
Emission data; analyses and summaries. The department may not grant confidential status for emission data. Nothing in this subsection prevents the department from using records and other information in compiling or publishing analyses or summaries relating to the general condition of the environment if the analyses or summaries do not identify a specific owner or operator or the analyses or summaries do not reveal records or other information granted confidential status.
(d)
Use of confidential records. Except as provided under par. (c) and this paragraph, the department or the department of justice may use records and other information granted confidential status under this subsection only in the administration and enforcement of ss. 292.31 and 292.35. The department or the department of justice may release for general distribution records and other information granted confidential status under this subsection if the owner or operator expressly agrees to the release. The department or the department of justice may release on a limited basis records and other information granted confidential status under this subsection if the department or the department of justice is directed to take this action by a judge or hearing examiner under an order which protects the confidentiality of the records or other information. The department or the department of justice may release to the U.S. environmental protection agency, or its authorized representative, records and other information granted confidential status under this subsection if the department or the department of justice includes in each release of records or other information a request to the U.S. environmental protection agency, or its authorized representative, to protect the confidentiality of the records or other information.
History:  1995 a. 227 s. 993.
2023 Wisconsin Statutes & Annotations › Chapter 292 - Remedial action. › 292.41 - Abandoned containers.

292.41
Abandoned containers.
(1)
Definition. In this section, “abandoned container" means any container which contains a hazardous substance and is not being monitored and maintained.
(2)
Applicability.
(a)
This section does not apply to abandoned containers which are located in an approved facility or a nonapproved facility.
(b)
Action by the department under this section is not subject to s. 292.31.
(3)
Contingency plan.
(a)
After consultation with other affected federal, state and local agencies and private organizations, the department shall establish by rule criteria and procedures for the development, establishment and amendment of a contingency plan for the taking of emergency actions in relation to abandoned containers.
(b)
The contingency plan shall establish procedures and techniques for locating, identifying, removing and disposing of abandoned containers.
(4)
Removal or other emergency action. The department or its authorized representative may contain, remove or dispose of abandoned containers or take any other emergency action which it deems appropriate under the circumstances.
(5)
Access to property and records. Any officer, employee or authorized representative of the department, upon notice to the owner or occupant, may enter onto any property, premises or place at any time for the purposes of sub. (3) if the entry is necessary to prevent increased damage to the air, land or waters of the state, or may inspect any record relating to abandoned container management for the purpose of ascertaining the state of compliance with this section and the rules promulgated under this section. Notice to the owner or occupant is not required if the delay in providing the notice is likely to result in imminent risk to public health or welfare or the environment.
(6)
Abandoned containers; appropriations.
(a)
The department may utilize moneys appropriated under s. 20.370 (4) (dv) and (ms) in taking action under sub. (4). The department shall utilize these moneys to provide for the procurement, maintenance, and storage of necessary equipment and supplies, personnel training, and expenses incurred in locating, identifying, removing, and disposing of abandoned containers.
(b)
No more than 25 percent of the total of all moneys available under the appropriation under s. 20.370 (4) (dv) and (ms) may be used annually for the procurement and maintenance of necessary equipment during that fiscal year.
(c)
The department is entitled to recover moneys expended under this section from any person who caused the containers to be abandoned or is responsible for the containers. The funds recovered under this paragraph shall be deposited into the environmental fund for environmental management.
History:  1983 a. 410; 1985 a. 29 ss. 1957, 3202 (39); 1987 a. 27, 384; 1989 a. 31; 1991 a. 39; 1993 a. 453; 1995 a. 27; 1995 a. 227 s. 716; Stats. 1995 s. 292.41; 1995 a. 378 s. 46; 1997 a. 27; 2017 a. 59.
2023 Wisconsin Statutes & Annotations › Chapter 292 - Remedial action. › 292.51 - Cooperative remedial action.

292.51
Cooperative remedial action.
(1)
In this section, “costs of remedying environmental contamination" means costs determined by the department to be necessary to reduce or eliminate environmental contamination and restore the environment, including costs of investigation and of providing public information and education related to reducing or eliminating environmental contamination and restoring the environment.
(2)
The department may seek and receive voluntary contributions of funds from a municipality or any other public or private source for all or part of the costs of remedying environmental contamination if the activities being funded are part of a cooperative effort, by the department and the person providing the funds, to remedy that environmental contamination. All contributions received under this subsection shall be deposited in the environmental fund.
(2m)
Any person engaged in a cooperative effort with the department that is described in sub. (2) may seek and receive voluntary contributions of funds on behalf of the effort.
(3)
Provision of funding under sub. (2) or (2m) is not evidence of liability or an admission of liability for any environmental contamination.
(4)
In carrying out its regulatory and enforcement duties, the department may not base its treatment of a person on whether the person did or did not provide funding under sub. (2).
History:  1995 a. 27; 1995 a. 227 s. 824; Stats. 1995 s. 292.51; 1997 a. 27.
2023 Wisconsin Statutes & Annotations › Chapter 292 - Remedial action. › 292.53 - Availability of environmental insurance.

292.53
Availability of environmental insurance.
The department, in cooperation with the department of administration, may undertake activities to make private environmental insurance products available to encourage and facilitate the cleanup and redevelopment of contaminated property. The department of natural resources may negotiate with, select, and contract with one or more insurers to provide insurance products under this section, subject to the approval of the department of administration under s. 16.865 (5).
History:  2003 a. 315.
2023 Wisconsin Statutes & Annotations › Chapter 292 - Remedial action. › 292.55 - Requests for liability clarification and technical assistance.

292.55
Requests for liability clarification and technical assistance.
(1)
(a)
The department may, upon request, assist a person to determine whether the person is or may become liable for the environmental pollution of a property.
(b)
The department may, upon request, assist in, or provide comments on, the planning and implementation of an environmental investigation of a property or the environmental cleanup of a property.
(c)
The department may determine whether further action is necessary to remedy environmental pollution of a property.
(d)
The department may issue a letter to a person seeking assistance under this subsection concerning any of the following:
1.
The liability of a person owning or leasing a property for environmental pollution of the property.
2.
The type and extent of environmental pollution of a property.
3.
The adequacy of an environmental investigation.
4.
Any other matter related to the request for assistance under this subsection.
(2)
The department may assess and collect fees from a person to offset the costs of providing assistance under sub. (1). The department shall promulgate rules for the assessment and collection of fees under this subsection. Fees collected under this subsection shall be credited to the appropriation account under s. 20.370 (4) (dh).
History:  1997 a. 27; 2017 a. 59.
2023 Wisconsin Statutes & Annotations › Chapter 292 - Remedial action. › 292.57 - Database of properties with residual contamination.

292.57
Database of properties with residual contamination.
(1)
In this section, “groundwater standard" means an enforcement standard, as defined in s. 160.01 (2), or a preventive action limit, as defined in s. 160.01 (6).
(2)
(a)
The department may promulgate a rule specifying a fee for placing information into a database concerning a property on which a groundwater standard is exceeded, a property on which residual contamination is present in soil, or a property that is subject to s. 292.12 (3) (b). The department may also specify a fee for modifying information in the database.
(b)
Any moneys collected under this subsection shall be credited to the appropriation account under s. 20.370 (4) (dh).
History:  1999 a. 9; 2005 a. 25, 418; 2017 a. 59.
2023 Wisconsin Statutes & Annotations › Chapter 292 - Remedial action. › 292.64 - Removal of abandoned underground petroleum storage tanks.

292.64
Removal of abandoned underground petroleum storage tanks.
(1)
In this section:
(a)
“Backfill" does not include landscaping or replacing sidewalk, asphalt, fence, or sod or other vegetation.
(b)
“Underground petroleum product storage tank system" has the meaning given in s. 292.63 (1) (i).
(2)
The department may contract with a person registered or certified under s. 168.23 to empty, clean, remove, and dispose of an underground petroleum product storage tank system; to assess the site on which the underground petroleum product storage tank system is located; and to backfill the excavation if all of the following apply:
(a)
The department determines that the underground petroleum product storage tank system is abandoned.
(b)
Using the method that the department uses to determine inability to pay under s. 292.63 (4) (ee), the department determines that the owner of the underground petroleum product storage tank system is unable to pay to empty, clean, remove, and dispose of the underground petroleum product storage tank system; to assess the site on which the underground petroleum product storage tank system is located; and to backfill the excavation.
(3)
If the department incurs costs under sub. (2), the department shall record a statement of lien with the register of deeds of the county in which the underground petroleum product storage tank system was located. Upon recording the statement of lien, the department has a lien on the property on which the underground petroleum product storage tank system was located in the amount of the costs incurred. The property remains subject to the lien until that amount is paid in full to the department. The department shall deposit payments received under this subsection into the petroleum inspection fund.
History:  2009 a. 28; 2013 a. 20 s. 1707; Stats. 2013 s. 292.64; 2013 a. 173.
2023 Wisconsin Statutes & Annotations › Chapter 292 - Remedial action. › 292.70 - Indemnification for disposal of polychlorinated biphenyls.

292.70
Indemnification for disposal of polychlorinated biphenyls.
(1)
Definition. In this section, “PCBs" has the meaning given in s. 299.45 (1) (a).
(2)
Indemnification agreements concerning disposal of contaminated sediments. Subject to sub. (4), the department may enter into an agreement with a municipality under which this state agrees to indemnify the municipality and its agencies, officials, employees and agents against liability for damage to persons, property or the environment resulting from the municipality's acceptance for disposal of sediments that are from the Great Lakes basin and are contaminated with PCBs, if the sediments are disposed of in a manner approved by the department.
(3)
Indemnification agreements concerning treatment of contaminated leachate. Subject to sub. (4), the department may enter into an agreement with a municipality under which this state agrees to indemnify the municipality and its agencies, officials, employees and agents against any liability for damage to persons, property or the environment resulting from the municipality's conveyance or treatment of leachate that is contaminated with PCBs and that is from a landfill that accepts sediments contaminated with PCBs, if the leachate is treated in a manner approved by the department.
(4)
Requirements. The department may enter into an agreement under sub. (2) or (3) only if all of the following apply:
(a)
The agreement is approved by the governor and the governing body of the municipality.
(b)
The agreement specifies a method for determining whether the municipality is liable for damage described in sub. (2) or (3).
(c)
The agreement requires the municipality to notify the department and the attorney general when a claim or lawsuit to which the agreement may apply is filed against the political subdivision.
(d)
The agreement authorizes the attorney general to intervene on behalf of the municipality and this state in any lawsuit to which the agreement may apply.
(e)
The agreement requires the operator of the solid waste disposal facility or wastewater treatment facility to minimize risks related to PCBs.
(f)
The agreement authorizes the department to require the operator of the solid waste disposal facility or wastewater treatment facility to operate in a manner specified by the department in order to minimize risks related to PCBs.
(6)
Immunity. This section and any agreement entered into under sub. (3) or (4) may not be construed as consent to sue this state.
(7)
Review and payment. If a claim is filed under an agreement under sub. (2) or (3), the department shall review the claim to determine whether it is valid. A valid claim shall be paid from the appropriation under s. 20.370 (4) (fq).
History:  1999 a. 9; 2017 a. 59.
2023 Wisconsin Statutes & Annotations › Chapter 292 - Remedial action. › 292.72 - Brownfields revolving loan program.

292.72
Brownfields revolving loan program.
(1)
The department may enter into an agreement with the federal environmental protection agency under which the department receives funds under 42 USC 9604 (k) (3) (A) (i) to establish and administer a brownfields revolving loan program. If the department receives funds under this subsection, it may make loans or grants for the remediation of brownfield sites, as defined in 42 USC 9601 (39), in accordance with the agreement.
(2)
At the request of another governmental entity, the department may administer funds received under 42 USC 9604 (k) (3) (A) (i) by the other governmental entity for the establishment of a brownfields revolving loan program.
History:  2003 a. 314.
2023 Wisconsin Statutes & Annotations › Chapter 292 - Remedial action. › 292.94 - Fees related to enforcement actions.

292.94
Fees related to enforcement actions.
The department may assess and collect fees from a person who is subject to an order or other enforcement action for a violation of s. 292.11 or 292.31 to cover the costs incurred by the department to review the planning and implementation of any environmental investigation or environmental cleanup that the person is required to conduct. The department shall promulgate rules for the assessment and collection of fees under this section. Fees collected under this section shall be credited to the appropriation account under s. 20.370 (4) (dh).
History:  2003 a. 33; 2017 a. 59.
2023 Wisconsin Statutes & Annotations › Chapter 292 - Remedial action. › 292.95 - Review of alleged violations; environmental repair and cost recovery.

292.95
Review of alleged violations; environmental repair and cost recovery.
Any 6 or more citizens or any municipality may petition for a review of an alleged violation of s. 292.31 or 292.35 or any rule promulgated or special order, plan approval, license or any term or condition of a license issued under those sections in the following manner:
(1)
They shall submit to the department a petition identifying the alleged violator and setting forth in detail the reasons for believing a violation occurred. The petition shall state the name and address of a person within the state authorized to receive service of answer and other papers in behalf of the petitioners and the name and address of a person authorized to appear at a hearing in behalf of the petitioners.
(2)
Upon receipt of a petition under this section, the department may:
(a)
Conduct a hearing in the matter within 60 days of receipt of the petition. A hearing under this paragraph shall be a contested case under ch. 227. Within 60 days after the close of the hearing, the department shall either:
1.
Serve written notice specifying the law or rule alleged to be violated, containing findings of fact, conclusions of law and an order, which shall be subject to review under ch. 227; or
2.
Dismiss the petition.
(b)
Initiate action under s. 292.98.
(3)
If the department determines that a petition was filed maliciously or in bad faith, it shall issue a finding to that effect, and the person complained against is entitled to recover expenses on the hearing in a civil action.
History:  1995 a. 227.
2023 Wisconsin Statutes & Annotations › Chapter 292 - Remedial action. › 292.98 - Violations and enforcement; environmental repair and cost recovery.

292.98
Violations and enforcement; environmental repair and cost recovery.
(1)
(a)
If the department has reason to believe that a violation of s. 292.31 or 292.35 or any rule promulgated or special order, plan approval, or any term or condition of a license issued under those sections occurred, it may:
1.
Cause written notice to be served upon the alleged violator. The notice shall specify the law or rule alleged to be violated, and contain the findings of fact on which the charge of violation is based, and may include an order that necessary corrective action be taken within a reasonable time. This order shall become effective unless, no later than 30 days after the date the notice and order are served, the person named in the notice and order requests in writing a hearing before the department. Upon such request, the department shall after due notice hold a hearing. Instead of an order, the department may require that the alleged violator appear before the department for a hearing at a time and place specified in the notice and answer the charges complained of; or
2.
Initiate action under s. 299.95.
(b)
If after such hearing the department finds that a violation has occurred, it shall affirm or modify its order previously issued, or issue an appropriate order for the prevention, abatement or control of the problems involved or for the taking of other corrective action as may be appropriate. If the department finds that no violation has occurred, it shall rescind its order. Any order issued as part of a notice or after hearing may prescribe one or more dates by which necessary action shall be taken in preventing, abating or controlling the violation.
History:  1995 a. 227.
2023 Wisconsin Statutes & Annotations › Chapter 292 - Remedial action. › 292.99 - Penalties.

292.99
Penalties.
(1)
Except as provided under sub. (1m) and s. 292.63 (10), any person who violates this chapter or any rule promulgated or any plan approval, license or special order issued under this chapter shall forfeit not less than $10 nor more than $5,000 for each violation. Each day of continued violation is a separate offense. While an order is suspended, stayed or enjoined, this penalty does not accrue.
(1m)
Any person who violates s. 292.65 (12m) shall forfeit not less than $10 nor more than $10,000.
(2)
In addition to the penalties provided under subs. (1) and (1m), the court may award the department of justice the reasonable and necessary expenses of the investigation and prosecution of the violation, including attorney fees. The department of justice shall deposit in the state treasury for deposit into the general fund all moneys that the court awards to the department or the state under this subsection. The costs of investigation and the expenses of prosecution, including attorney fees, shall be credited to the appropriation account under s. 20.455 (1) (gh).
History:  1995 a. 227; 1999 a. 9; 2001 a. 16, 109; 2003 a. 309; 2013 a. 20.
2023 Wisconsin Statutes & Annotations › Chapter 293 - Nonferrous metallic mining. › 293.11 - Mine effect responsibility.

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 reclamation. The administration of occupational health and safety laws and rules that apply to mining shall remain exclusively the responsibility of the department of safety and professional services. The powers and duties of the geological and natural history survey under s. 36.25 (6) shall remain exclusively the responsibility of the geological and natural history survey. Nothing in this section prevents the department of safety and professional services and the geological and natural history survey from cooperating with the department in the exercise of their respective powers and duties.
History:  1973 c. 318; 1975 c. 41 s. 52; 1995 a. 27, ss. 4332 and 9116 (5); 1995 a. 227 s. 744; Stats. 1995 s. 293.11; 2011 a. 32.
This section is a statement of purpose and does not grant authority to issue a ban on mining activity. Rusk County Citizen Action Group, Inc. v. DNR, 203 Wis. 2d 1, 552 N.W.2d 110 (Ct. App. 1996), 95-3125.
2023 Wisconsin Statutes & Annotations › Chapter 293 - Nonferrous metallic mining. › 293.15 - Department powers.

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 history survey to secure necessary scientific, technical, administrative and operations services, including research, projects and laboratory facilities.
(3)
Issue orders directing particular prospectors or operators to comply with the provisions and purposes of this chapter.
(4)
Supervise and provide for such educational programs as appear necessary to carry out the purposes of this chapter.
(5)
At its own expense, with the staff, equipment and material under its control, or by contract with others, take such actions as are necessary for the reclamation of abandoned project sites.
(6)
Issue prospecting and mining permits.
(7)
Issue exploration licenses.
(7m)
Issue licenses and approvals necessary for bulk sampling.
(8)
Promulgate rules regulating the production, storage and disposal of radioactive waste from exploration, bulk sampling, prospecting, or mining after seeking comments from the department of health services. At a minimum, rules promulgated under this subsection shall achieve the margin of safety provided in applicable federal statutes and regulations. If the department promulgates rules under this subsection, the department shall investigate the need for standards more restrictive than the applicable federal statutes and regulations.
(9)
Promulgate rules by which the department may grant an exemption, modification or variance, either making a requirement more or less restrictive, from any rule promulgated under chs. 289 to 292 and this chapter, if the exemption, modification or variance does not result in the violation of any federal or state environmental law or endanger public health, safety or welfare or the environment.
(10)
Promulgate rules with respect to minimizing, segregating, backfilling and marketing of mining waste.
(11)
Notwithstanding chs. 289 and 291, promulgate rules establishing groundwater quality standards or groundwater quantity standards, or both, for any prospecting or mining activity, including standards for any mining waste site.
(12)
Require all persons under its jurisdiction to submit such informational reports as the department deems necessary for performing its duties under this chapter.
(13)
Monitor environmental changes concurrently with the permit holder under s. 293.45 (3) or 293.49 (7), and for such additional period of time after the full bond is released under s. 293.63 (3) as is necessary for the site to return to a state of environmental stability. The department may conduct independent studies to monitor environmental changes.
History:  1995 a. 227 s. 748, 749, 754, 994; 2007 a. 20 s. 9121 (6) (a); 2017 a. 134.
2023 Wisconsin Statutes & Annotations › Chapter 293 - Nonferrous metallic mining. › 293.21 - Exploration.

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)
“Termination" means filling of drillholes and reclamation and revegetation of drilling sites.
(2)
License. All persons intending to engage in exploration, or who contract for the services of drillers for purposes of exploration, shall be licensed by the department. Exploration licenses shall be issued annually by the department, and shall be applied for on forms provided by the department. The department shall provide copies of the application form for an exploration license to the state geologist upon issuance of the license. The department shall, by rule, establish an annual license fee plus a schedule of additional fees based on the number of holes drilled. The level of fees shall reflect the department's actual cost in administering this section. The fees set under this subsection may be adjusted for persons to reflect the payment of fees for the same services to meet other requirements.
(3)
Bond.
(a)
Applications for licenses shall be accompanied by a bond in the amount of $5,000 conditioned on faithful performance of the requirements of the department relating to termination.
(b)
The department may require that the amount of the bond be increased at any time, if the department determines that a licensee's current level of activity makes it likely that the bond would be inadequate to fund the termination of all holes drilled for which the licensee is responsible.
(c)
The department shall, by rule, establish a procedure for release of exploration sites from bond coverage.
(4)
Notice procedure.
(a)
Commencement of drilling on a parcel shall be preceded by notice from the licensee to the department of intent to drill, given at least 10 days in advance of the commencement of drilling, and identifying the particular parcel. The department shall transmit a copy of the notice of intent to drill to the state geologist.
(b)
The department shall, by rule, establish notification and inspection procedures applicable to the various stages of drilling and termination and procedures for the proper termination of drillholes.
(5)
License revocation. The department may revoke or suspend an exploration license issued under this section if it determines, after hearing, that:
(a)
Statutes or rules of the department have not been complied with; or
(b)
There has been a failure to increase bond amounts to adequate levels as specified by the department.
(6)
Exemption. This section does not apply to operators engaged in exploration activities on lands included in a mining and reclamation plan, if the plan contains provisions relating to termination of the exploration activities.
History:  1977 c. 421; 1995 a. 227 s. 755; Stats. 1995 s. 293.21; 2013 a. 1.
2023 Wisconsin Statutes & Annotations › Chapter 293 - Nonferrous metallic mining. › 293.32 - Prospecting and mining fees.

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 following receipt of the notice, other than any costs related to the environmental impact statement for the proposed prospecting or mining.
(2)
The department shall annually compare the fees paid under this section and under chs. 30, 280 to 292 and 295 to 299 in connection with proposed prospecting or mining for which notice has been given under s. 293.31 (1) with the costs incurred by the department in connection with that proposed prospecting or mining, including the costs incurred under chs. 30, 280 to 292 and 295 to 299 but excluding costs related to the environmental impact statement. If the costs incurred exceed the fees paid, the person who notified the department shall pay a fee equal to the amount by which the costs exceed the fees previously paid.
(3)
When the department issues or denies a prospecting or mining permit or when a person who gave notice under s. 293.31 (1) ceases to seek approval of the proposed prospecting or mining project, the department shall compare the fees paid under this section and under chs. 30, 280 to 292 and 295 to 299 in connection with the proposed prospecting or mining with the costs incurred by the department in connection with the proposed prospecting or mining, including the costs incurred under chs. 30, 280 to 292 and 295 to 299 but excluding costs related to the environmental impact statement. If the costs incurred are less than the fees paid, the department shall pay the person who gave notice the amount by which the fees exceed the costs. If the costs incurred exceed the fees paid, the person who notified the department shall pay a final fee equal to the amount by which the costs exceed the fees previously paid.
(4)
Subchapter VI of ch. 289 does not apply to mining waste disposed of in a mining waste site covered by a mining permit, except that an operator shall pay the fees specified in ss. 289.63 (4), 289.64 (3), and 289.67 (1) (d).
History:  1997 a. 169; 2017 a. 134.
2023 Wisconsin Statutes & Annotations › Chapter 293 - Nonferrous metallic mining. › 293.33 - Local impact committee.

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 operators and itself.
(b)
Analyzing implications of mining.
(c)
Reviewing and commenting on reclamation plans.
(d)
Developing solutions to mining-induced growth problems.
(e)
Recommending priorities for local action.
(f)
Formulating recommendations to the investment and local impact fund board regarding distribution of funds under s. 70.395 (2) (g).
(g)
Negotiating a local agreement under s. 293.41 (3).
(2)
A county, town, village, city or tribal government affected in common with another county, town, village, city or tribal government by a proposed or existing mine may cooperatively designate or establish a joint committee, but may also maintain a separate committee under sub. (1). Committees under this section may include representatives of affected units of government, business and industry, manpower, health, protective or service agencies, school districts, or environmental and other interest groups or other interested parties.
(3)
Persons giving notice under s. 293.31 (1) shall thereafter appoint a liaison person to any committee established under sub. (1) or (2), and shall provide such reasonable information as is requested by the committee. Operators and persons giving notice under s. 293.31 shall thereafter make reasonable efforts to design and operate mining operations in harmony with community development objectives.
(4)
Committees established under sub. (1) or (2) may be funded by their appointing authority, and may, through their appointing authority, submit a request for operating funds to the investment and local impact fund board under s. 70.395. Committees established under sub. (1) shall be eligible for funds only if the county, town, village or city is also a participant in a joint committee, if any, established under sub. (2). The investment and local impact fund board may not grant funds for the use of more than one committee established under sub. (1) in relation to a particular mining proposal unless a joint committee has been established under sub. (2). The investment and local impact fund board shall grant operating funds to any committee that submits a request and is eligible under this subsection and s. 70.395 (2) (fm). Committees may hire staff, enter into contracts with private firms or consultants or contract with a regional planning commission or other agency for staff services for mining-related purposes or the purposes under s. 70.395 (2) (fm).
History:  1995 a. 227 s. 761.
2023 Wisconsin Statutes & Annotations › Chapter 293 - Nonferrous metallic mining. › 293.35 - Application for prospecting permit.

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 application must be made, and a prospecting permit obtained for each separate prospecting site. Applications shall be submitted in reproducible form in such multiples as required by rules of the department. As a part of each application for a prospecting permit, the applicant shall furnish a description of the proposed prospecting site, the number of acres in the proposed prospecting site, a prospecting plan, a reclamation plan meeting the requirements of subs. (2) and (3) and a timetable for reclamation, information relating to whether the area may be unsuitable for prospecting or surface mining, unless the applicant conclusively certifies that he or she will not subsequently make application for a permit to conduct surface mining at the site and such other relevant information as the department may require, including information as to whether the applicant, its parent corporation, any of its principal shareholders or members, or any of the applicant's subsidiaries or affiliates in which the applicant owns more than a 40 percent interest, has forfeited any mining bonds in other states within the last 20 years, and the dates and locations, if any.
(2)
A reclamation plan shall accompany all applications for prospecting permits. If it is physically or economically impracticable or environmentally or socially undesirable for the reclamation process to return the affected area to its original state, the plan shall set forth the reasons therefor and shall discuss alternative conditions and uses to which the affected area can be put.
(3)
The reclamation plan shall specify how the applicant intends to accomplish, to the fullest extent possible, compliance with the minimum standards under s. 293.13 (2) (c).
(5)
If the department determines that a statement under s. 1.11 is required for consideration of an application for a prospecting permit, the statement need not consider impacts unrelated to the proposed prospecting activity, other than the issue of unsuitability for surface mining, absent a certification under sub. (1).
History:  1977 c. 421; 1995 a. 227 ss. 758, 765, 768, 994; 1997 a. 169.
2023 Wisconsin Statutes & Annotations › Chapter 293 - Nonferrous metallic mining. › 293.39 - Environmental impact statement.

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 under sub. (1) shall include a description of the significant long-term and short-term impacts, including impacts after the mining has ended, on all of the following:
(a)
Tourism.
(b)
Employment.
(c)
Schools and medical care facilities.
(d)
Private and public social services.
(e)
The tax base.
(f)
The local economy.
(g)
Other significant factors.
(3)
To the extent that an environmental impact statement on a prospecting permit application under s. 293.35, if prepared, fully considered unsuitability of the prospecting site for surface mining by virtue of unique features of the land as enumerated in s. 293.01 (28), that portion of the previous impact statement may be adopted in the impact statement on the mining permit application.
History:  1991 a. 259; 1995 a. 227 s. 780, 782; Stats. 1995 s. 293.39.
2023 Wisconsin Statutes & Annotations › Chapter 293 - Nonferrous metallic mining. › 293.41 - Local agreements.

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, individually or in conjunction with other counties, towns, villages, cities, or tribal governments, enter into one or more agreements with an operator for the development of a mining operation.
(2)
An agreement under sub. (1) shall include all of the following:
(a)
A legal description of the land subject to the agreement and the names of its legal and equitable owners.
(b)
The duration of the agreement.
(c)
The uses permitted on the land.
(d)
A description of any conditions, terms, restrictions or other requirements determined to be necessary by the county, town, village, city or tribal government for the public health, safety or welfare of its residents.
(e)
A description of any obligation undertaken by the county, town, village, city or tribal government to enable the development to proceed.
(f)
The applicability or nonapplicability of county, town, village, city or tribal ordinances, approvals or resolutions.
(g)
A provision for the amendment of the agreement.
(h)
Other provisions deemed reasonable and necessary by the parties to the agreement.
(3)
A county, town, village, city or tribal government may authorize the local impact committee appointed under s. 293.33 to negotiate an agreement under this section, but the agreement may not take effect until approved by the county, town, village, city or tribal government in accordance with sub. (4).
(4)
The county, town, village, city or tribal government shall hold a public hearing on an agreement under sub. (1) before its adoption. Notice of the hearing shall be provided as a class 2 notice, under ch. 985. After the public hearing, the governing body of each county, town, village, city or tribal government which is to be a party to the agreement must approve the agreement in a public meeting of the governing body.
(5)
A state agency shall assist a county, town, village, city or tribal government in enforcing those provisions of a local agreement that are within the expertise of the state agency.
History:  1987 a. 399; 1991 a. 259; 1995 a. 227 s. 763; Stats. 1995 s. 293.41.
This section is an express delegation to towns of the power to enter into local agreements with mining companies, creating an exemption to general zoning statutes. When a town negotiates under this section, it has only local zoning permits and approvals to give the mining company in exchange for the mining company addressing its land-use concerns. Nicolet Minerals Company v. Town of Nashville, 2002 WI App 50, 250 Wis. 2d 831, 641 N.W.2d 497, 01-1339.
2023 Wisconsin Statutes & Annotations › Chapter 293 - Nonferrous metallic mining. › 293.47 - Prospecting data.

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.
(b)
“Geologic information" means information concerning descriptions of a nonferrous ore body, descriptions of reserves, tonnages and grades of nonferrous ore, descriptions of a drill core or bulk sample including analysis, descriptions of drill hole depths, distances and similar information related to the nonferrous ore body.
(c)
“Prospecting data" means data, records and other information furnished to or obtained by the department in connection with the application for a prospecting permit.
(2)
Prospecting data in general. Except as provided under sub. (3), prospecting data are public records subject to subch. II of ch. 19.
(3)
Confidential prospecting data.
(a)
Request for confidential status. An applicant for a prospecting permit may request confidential status for any prospecting data.
(b)
Confidential status. The department shall grant confidential status to prospecting data if the applicant makes a request and if the prospecting data relates to economic information or geologic information or is entitled to confidential status under rules promulgated by the department.
History:  1973 c. 318; 1979 c. 221; 1981 c. 86; 1981 c. 335 s. 26; 1995 a. 227 s. 795; Stats. 1995 s. 293.47; 2013 a. 1.
2023 Wisconsin Statutes & Annotations › Chapter 293 - Nonferrous metallic mining. › 293.53 - Review of permits; periodic reports.

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 federal laws enacted after the issuance of the permit and technological currency. If the department after review determines that the plan should be modified or the bond amount changed, it shall notify the permit holder of the necessary modifications or changes. If the permit holder does not request a hearing within 30 days, the modifications or changes shall be deemed accepted.
(b)
If the permit holder desires to modify the permit, an amended application shall be submitted to the department, which shall process the amendment as if it were an original application if the proposed modification substantially broadens or changes the scope of the original prospecting proposal.
(c)
To the extent that testimony and evidence submitted at the original prospecting permit proceedings or from previous modification hearings is relevant to the issues of modification or granting or denial of the amendment, it may be adopted in the subsequent proceedings, subject to the opportunity for cross-examination and rebuttal, if not unduly repetitious.
(2)
(a)
The operator shall furnish the department with a report for each mining site every 12 months after issuance of the permit, within 30 days after completion of all mining at the mining site and within 30 days after completion of the mining plan and of the reclamation plan. The reports shall include, in addition to such other information as the department requires, such information and maps as the department deems necessary to evaluate the extent of mining and the reclamation accomplished during the previous calendar year.
(b)
Annually, the department shall review the mining and reclamation plans and bonds, using the procedure specified under sub. (1).
(c)
The department shall cancel the mining permit held by any operator who fails and refuses to submit reports required under this subsection.
History:  1995 a. 227 s. 767; 1995 a. 227 ss. 791, 994.