reglab/statecodes huggingface dataset:
2023 Wisconsin Statutes & Annotations › Chapter 293 - Nonferrous metallic mining. › 293.57 - Successors.

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 operation if:
(1)
Both operators have complied with the requirements of this chapter; and
(2)
The successor operator discloses whether it has forfeited any performance security because of noncompliance with any prospecting or mining laws within the previous 20 years, posts any bond required under s. 293.51 and assumes all responsibilities of all applicable permits, licenses and approvals granted to the predecessor operator.
History:  1995 a. 227 s. 786.
2023 Wisconsin Statutes & Annotations › Chapter 293 - Nonferrous metallic mining. › 293.59 - Cessation of mining or reclamation.

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 according to rules established by the department. If the department determines after hearing that stabilization of the mining site is inadequate to protect the environment, the department shall order the operator to commence additional measures to protect the environment, including, if the cessation is reasonably anticipated to extend for a protracted period of time, reclamation according to the reclamation plan or part of the reclamation plan. Usual and regular shutdown of operations on weekends, for maintenance or repair of equipment or facilities or for other customary reasons shall not constitute a cessation of mining.
History:  1977 c. 421; 1995 a. 227 s. 788; Stats. 1995 s. 293.59.
2023 Wisconsin Statutes & Annotations › Chapter 293 - Nonferrous metallic mining. › 293.61 - Determination of abandonment of mining.

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 for more than 6 consecutive months.
(2)
Abandonment of mining does not occur:
(a)
If the cessation of mining is due either to labor strikes or to such unforeseen developments as adverse market conditions, as determined by the department;
(b)
If the cessation of mining does not continue beyond the time period specified by the department. The time limit specified by the department may not exceed 5 years for a mining operation for which a permit is issued under s. 293.49 on or after May 19, 1984. The time limit specified by the department may not exceed 10 years for a mining operation for which a permit is issued under s. 293.49 before May 19, 1984;
(c)
If the site is maintained in an environmentally stable manner, as determined by the department, during the cessation of mining; and
(d)
If the reclamation of the site continues according to the reclamation plan during the cessation of mining to the extent possible.
History:  1983 a. 517 s. 1, 2; 1995 a. 227 s. 743; Stats. 1995 s. 293.61.
2023 Wisconsin Statutes & Annotations › Chapter 293 - Nonferrous metallic mining. › 293.63 - Certificate of completion, partial completion and bond release.

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 hearing that the operator has completed reclamation for any portion of the mining site in accordance with the reclamation plan and this chapter, the department shall issue a certificate of completion setting forth a description of the area reclaimed and a statement that the operator has fulfilled its duties under the reclamation plan as to that area.
(2)
Upon the issuance of any certificate of completion under sub. (1) for any portion of the mining site, but not for the entire mining site, the department shall allow the operator to reduce the amount of the bond to an amount which shall equal the estimated cost of reclamation of the portion of the mining site which is disturbed or for which reclamation has been completed but no certificate of completion has been issued.
(3)
Upon issuance of a certificate or certificates of completion of reclamation for the entire mining site, the department shall require that the operator maintain a bond equal to at least 10 percent of the cost to the state of reclamation of the entire mining site if mining of the site was wholly underground, and at least 20 percent of the cost to the state of reclamation of the entire mining site if any surface mining was conducted. Where the mining site in the mining plan is less than 10 acres, the department may release the bond after issuance of the certificate under sub. (1).
(4)
After 20 years after the issuance of a certificate or certificates of completion for the entire mining site, the department shall release the bond if the department finds that the reclamation plan has been complied with.
(5)
The department shall, by rule, establish a procedure for release of reclamation bonds for prospecting sites similar to subs. (1) to (4), but with shorter time periods.
History:  1973 c. 318; 1977 c. 421; 1995 a. 227 s. 792; Stats. 1995 s. 293.63.
2023 Wisconsin Statutes & Annotations › Chapter 293 - Nonferrous metallic mining. › 293.66 - Groundwater quality.

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 groundwater is not reasonably capable of being used or made suitable for human consumption and is not hydrologically connected to other sources of groundwater that are suitable for human consumption. The department shall notify the applicant of its determination before the department issues a draft environmental impact statement.
(2)
For an activity regulated under a mining or prospecting permit or another approval related to the mining or prospecting operation, the department may not apply a groundwater enforcement standard at any point that is deeper than the depth identified under sub. (1).
History:  2017 a. 134.
2023 Wisconsin Statutes & Annotations › Chapter 293 - Nonferrous metallic mining. › 293.81 - Exploring, bulk sampling, prospecting, and mining without authorization.

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 under s. 293.21 (1) (b) on which unlicensed exploration or bulk sampling without the necessary license or approvals took place. Any person who authorizes or engages in prospecting without a prospecting permit or any operator who authorizes or engages in mining without a mining permit and written authorization to mine under s. 293.51 (3) shall forfeit all profits obtained from such illegal activities and not more than $10,000 for each day during which the mine was in operation. The operator shall be liable to the department for the full cost of reclaiming the affected area of land and any damages caused by the mining operation. Each day's violation of this section shall be deemed a separate offense. If the violator is a corporation, limited liability company, partnership or association, any officer, director, member, manager or partner who knowingly authorizes, supervises or contracts for exploration, bulk sampling, prospecting, or mining shall also be subject to the penalties of this section.
History:  1973 c. 318; 1977 c. 421; 1993 a. 112; 1995 a. 227 s. 789; Stats. 1995 s. 293.81; 2017 a. 134.
2023 Wisconsin Statutes & Annotations › Chapter 293 - Nonferrous metallic mining. › 293.85 - Cancellation of permit.

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 prospecting permit, if the permit holder intentionally made a false statement in the permit application or intentionally omitted information from the permit application which was material to permit issuance.
History:  1995 a. 227 s. 750, 994.
2023 Wisconsin Statutes & Annotations › Chapter 293 - Nonferrous metallic mining. › 293.86 - Visitorial powers of department.

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 at any reasonable time for the purpose of ascertaining the state of compliance with this chapter and chs. 281, 285, 289 to 292, and 299, subchs. I and II of ch. 295, and rules adopted pursuant thereto. No person may refuse entry or access to any such authorized representative of the department who requests entry for purposes of inspection, and who presents appropriate credentials, nor may any person obstruct, hamper or interfere with any such inspection. The department shall furnish to the prospector or operator, as indicated in the prospecting or mining permit, a written report setting forth all observations, relevant information and data which relate to compliance status.
History:  1995 a. 227 s. 404; 2013 a. 1.
2023 Wisconsin Statutes & Annotations › Chapter 293 - Nonferrous metallic mining. › 293.87 - Enforcement; penalties.

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 have jurisdiction to enforce this chapter or any orders issued or rules adopted thereunder, by injunctional or other appropriate relief.
(2)
Any person who makes or causes to be made in an application or report required by this chapter a statement known to the person to be false or misleading in any material respect or who refuses to file an annual report under s. 293.53 (2) (a) or who refuses to submit information required by the prospecting or mining permit may be fined not less than $1,000 nor more than $5,000. If the false or misleading statement is material to the issuance of the permit, the permit may be revoked. If any violation under this subsection is repeated the permit may be revoked.
(3)
Any person holding a prospecting or mining permit who violates this chapter or any order issued or rule adopted under this chapter shall forfeit not less than $10 nor more than $10,000 for each violation. Each day of violation is a separate offense. If the violations continue after an order to cease has been issued, the permit shall be revoked.
(4)
(a)
Except for the violations enumerated in subs. (2) and (3), 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.
(b)
In addition to the penalties provided under par. (a), 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 paragraph. 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:  1973 c. 318; 1977 c. 421; 1995 a. 227 s. 796, 994; Stats. 1995 s. 293.87; 2001 a. 109; 2003 a. 309.
2023 Wisconsin Statutes & Annotations › Chapter 293 - Nonferrous metallic mining. › 293.89 - Citizen suits.

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 department to perform any act or duty under this chapter which is not discretionary with the department.
(2)
No action may be commenced:
(a)
Under sub. (1) (a):
1.
Prior to 30 days after the plaintiff has given notice of the alleged violation to the department and to the alleged violator; or
2.
If the department has commenced and is diligently prosecuting a civil or criminal action, but in any such action any citizen may intervene as a matter of right.
(b)
Under sub. (1) (b) prior to 30 days after the plaintiff has given notice of such action to the department.
(3)
The court, in issuing any final order in any action brought under this section, shall award costs of litigation including reasonable attorney and expert witness fees to the plaintiff if he or she prevails, and the court may do so if it determines that the outcome of the controversy is consistent with the relief sought by the plaintiff irrespective of the formal disposition of the civil action. In addition, the court shall award treble damages to any plaintiff proving damages caused by a person mining without a permit or willfully violating this chapter or any permits or orders issued under this chapter.
(4)
Nothing in this section restricts any right which any person or class of persons may have under any other statute or common law.
History:  1977 c. 421; 1995 a. 227 s. 797; Stats. 1995 s. 293.89.
2023 Wisconsin Statutes & Annotations › Chapter 293 - Nonferrous metallic mining. › 293.91 - Nonconforming sites.

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. Sections 293.13 (1) (b) and 293.49 (2) shall not apply to such operators.
(2)
Modification of existing prospecting and mining sites and of operating procedures to conform with this chapter and rules adopted under this chapter shall be accomplished as promptly as possible, but the department shall give special consideration to a site where it finds that the degree of necessary improvement is of such extent and expense that compliance cannot be accomplished.
History:  1973 c. 318; 1977 c. 421; 1995 a. 227 s. 794; Stats. 1995 s. 293.91.
2023 Wisconsin Statutes & Annotations › Chapter 293 - Nonferrous metallic mining. › 293.93 - Effect of other statutes.

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 state or federal statute or rule only specifically regulates the activity in part, it shall only be controlling as to that part.
History:  1977 c. 421; 1995 a. 227 s. 798; Stats. 1995 s. 293.93.
2023 Wisconsin Statutes & Annotations › Chapter 295 - Nonmetallic mining reclamation; oil and gas; ferrous metallic mining. › 295.13 - Mandatory enactment and administration of ordinance by counties.

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 and begin to administer a nonmetallic mining reclamation ordinance that complies with those rules, except as provided in subs. (2) and (2m). This ordinance may be enacted separately from an ordinance enacted under s. 59.69.
(2)
Preexisting county ordinances. Any county with a nonmetallic mining reclamation ordinance in effect on June 1, 1993, may maintain and administer that ordinance if the department reviews the existing ordinance and determines that it is at least as restrictive as the rules under s. 295.12 (1). If the department determines that any part of the existing ordinance is not as restrictive as the rules under s. 295.12 (1), the county may amend the ordinance and submit the amended ordinance to the department for a determination of whether the amended ordinance is as restrictive as those rules. After obtaining the determination of the department that an ordinance is as restrictive as the rules under s. 295.12 (1), the county may not amend the ordinance to make it more restrictive. A county may not amend a nonmetallic mining reclamation ordinance to make it less restrictive than the requirements in the rules under s. 295.12 (1).
(2m)
Option for certain counties. In a county with a population of 700,000 or more, if every city, village and town that contains a nonmetallic mining site has enacted an ordinance under s. 295.14 by the first day of the 4th month beginning after the effective date of the rules promulgated under s. 295.12 (1), the county is not required to enact an ordinance under this section.
(3)
Applicability of county ordinance. An ordinance under sub. (1) or (2) applies to the entire area of the county, except for cities, villages and towns that enact and administer a nonmetallic mining reclamation ordinance under s. 295.14.
(4)
Crediting of financial assurance. If a nonmetallic mining site is subject to a county ordinance under sub. (1) or (2) and the city, village, or town in which a nonmetallic mining site is located required the operator of the mining site to provide financial assurance for nonmetallic mining reclamation of the nonmetallic mining site, the county shall credit the value of the financial assurance provided to the city, village, or town against the amount of financial assurance that the operator is required to provide under the county ordinance.
History:  1995 a. 227 s. 803; 1997 a. 27, 35; 2003 a. 308.
2023 Wisconsin Statutes & Annotations › Chapter 295 - Nonmetallic mining reclamation; oil and gas; ferrous metallic mining. › 295.14 - Authority to enact and administer ordinance.

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 city, village or town may not administer a nonmetallic mining reclamation ordinance that does not comply with the rules under s. 295.12 (1).
(2)
Preexisting municipal ordinances. A city, village or town with a nonmetallic mining reclamation ordinance in effect on June 1, 1993, may maintain and administer that ordinance if the department reviews the existing ordinance and determines that it is at least as restrictive as the rules under s. 295.12 (1). If the department determines that any part of the existing ordinance is not as restrictive as the rules under s. 295.12 (1), the city, village or town may amend the ordinance and submit the amended ordinance to the department for a determination of whether the amended ordinance is as restrictive as those rules. After obtaining the determination of the department that an ordinance is as restrictive as the rules under s. 295.12 (1), the city, village or town may not amend the ordinance to make it more restrictive. A city, village or town may not amend a nonmetallic mining reclamation ordinance to make it less restrictive than the rules under s. 295.12 (1).
History:  1995 a. 227 s. 804; 1997 a. 27.
2023 Wisconsin Statutes & Annotations › Chapter 295 - Nonmetallic mining reclamation; oil and gas; ferrous metallic mining. › 295.15 - Fees.

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 city, village or town with a nonmetallic mining reclamation ordinance shall use the revenues from its portion of the fees only for the administration of the nonmetallic mining reclamation ordinance.
History:  1995 a. 227 s. 805.
2023 Wisconsin Statutes & Annotations › Chapter 295 - Nonmetallic mining reclamation; oil and gas; ferrous metallic mining. › 295.17 - Inspection.

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 inspect those premises and to ascertain compliance with this subchapter. No person may refuse entry or access to an agent of the county, city, village or town who requests entry for purposes of inspection, and who presents appropriate credentials. No person may obstruct, hamper or interfere with the inspection. The county, city, village or town shall furnish to the operator any report prepared by the county, city, village or town regarding the inspection.
(2)
Any duly authorized officer, employee or representative of the department may enter and inspect any property, premises or place on or at which any nonmetallic mining operation is located or is being constructed or installed at any reasonable time for the purpose of ascertaining the state of compliance with this chapter and chs. 281, 285, 289 to 293 and 299 and rules adopted pursuant thereto. No person may refuse entry or access to any such authorized representative of the department who requests entry for purposes of inspection, and who presents appropriate credentials, nor may any person obstruct, hamper or interfere with any such inspection. The department shall furnish to the nonmetallic mining site operator a written report setting forth all observations, relevant information and data which relate to compliance status.
History:  1995 a. 227 s. 808, 995; 1997 a. 27.
2023 Wisconsin Statutes & Annotations › Chapter 295 - Nonmetallic mining reclamation; oil and gas; ferrous metallic mining. › 295.19 - Enforcement; remedies; penalties.

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 following:
(a)
Issue an order requiring an operator to comply with, or to cease violating, this subchapter, rules promulgated under this subchapter, the nonmetallic mining reclamation ordinance, a nonmetallic mining reclamation permit or an approved nonmetallic mining reclamation plan.
(b)
Issue an order suspending or revoking a nonmetallic mining reclamation permit as authorized in the nonmetallic mining reclamation ordinance.
(c)
Issue an order directing an operator to immediately cease an activity regulated under this subchapter, under rules promulgated under this subchapter or under the nonmetallic mining reclamation ordinance until the necessary nonmetallic mining reclamation plan approval is obtained.
(d)
Submit orders to abate violations of the nonmetallic mining reclamation ordinance to the district attorney, the corporation counsel, the municipal attorney or the attorney general for enforcement. The district attorney, the corporation counsel, the municipal attorney or the attorney general may enforce those orders.
(2)
Department orders. The department may issue an order directing the immediate cessation of an activity regulated under this subchapter until the nonmetallic mining site complies with the nonmetallic mining reclamation standards established under s. 295.12 (1) (a).
(3)
Penalties.
(a)
Any person who violates the rules promulgated under s. 295.12 (1) (a) or an order issued under sub. (2) may be required to forfeit not less than $25 nor more than $1,000 for each violation. Each day of continued violation is a separate offense. While an order issued under this subchapter is suspended, stayed or enjoined, this penalty does not accrue.
(b)
1.
Except for the violations enumerated in par. (a), any person who violates this subchapter or any rule promulgated or any plan approval order issued under this subchapter 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.
2.
In addition to the penalties provided under subd. 1., 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 subdivision. 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 s. 810, 995; 1997 a. 27; 2001 a. 109; 2003 a. 309.
2023 Wisconsin Statutes & Annotations › Chapter 295 - Nonmetallic mining reclamation; oil and gas; ferrous metallic mining. › 295.31 - Definitions; oil and gas.

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 or gas or establishing the nature and extent of a known oil or gas deposit and includes associated activities such as clearing and preparing sites or constructing roads for drilling. For the purposes of the definition of exploration, geologic examination does not include drill holes constructed for the purpose of collecting soil samples or for determining geologic information by seismic methods.
(3)
“Gas" means naturally occurring gaseous hydrocarbons.
(4)
“Oil" means naturally occurring liquid hydrocarbons.
(6)
“Principal shareholder" means any person that owns at least 10 percent of the beneficial interest of another person.
(7)
“Production" means the process involved in the extraction of oil or gas for commercial purposes, and the construction of roads, construction, testing and completion of wells and installation and operation of pipelines, tanks and other necessary equipment for that extraction.
(7m)
“Other waste" includes all other substances, except industrial wastes, as defined in s. 281.01 (5), and sewage, as defined in s. 281.01 (13), which pollute any of the surface waters of the state. The term also includes unnecessary siltation resulting from operations such as the washing of vegetables or raw food products, gravel washing, stripping of lands for development of subdivisions, highways, quarries and gravel pits, mine drainage, cleaning of vehicles or barges or gross neglect of land erosion.
(8)
“Person" means an individual, owner, operator, corporation, limited liability company, partnership, association, municipality, interstate agency, state agency or federal agency.
(8m)
“Related person" means any person that owns or operates an oil or gas exploration or production site in the United States and that is one of the following when an application for an oil or gas exploration or production license is submitted to the department:
(a)
The parent corporation of the applicant.
(b)
A person that holds more than a 30 percent ownership interest in the applicant.
(c)
A subsidiary or affiliate of the applicant in which the applicant holds more than a 30 percent ownership interest.
(9)
“Waters of the state" includes those portions of Lake Michigan and Lake Superior within the boundaries of this state, and all lakes, bays, rivers, streams, springs, ponds, wells, impounding reservoirs, marshes, watercourses, drainage systems and other surface water or groundwater, natural or artificial, public or private, within this state or its jurisdiction.
History:  1991 a. 262; 1995 a. 227 s. 813, 995; Stats. 1995 s. 295.31.
2023 Wisconsin Statutes & Annotations › Chapter 295 - Nonmetallic mining reclamation; oil and gas; ferrous metallic mining. › 295.33 - Oil and gas exploration and production.

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 exploration for or in the production of oil or gas.
(4)
No person may conduct drilling operations for the exploration for or production of oil or gas if the drilling extends beneath the beds of the Great Lakes or bays or harbors that are adjacent to the Great Lakes, notwithstanding s. 30.20 (2) (b).
(5)
No person holding an oil or gas exploration or production license may engage a general contractor or affiliate to operate an oil or gas exploration or production site if the general contractor or affiliate has 2 or more felony convictions for violation of a law for the protection of the natural environment arising out of the operation of an oil or gas exploration or production site in the United States within 10 years before the issuance of the person's license, unless the general contractor or affiliate receives the department's approval of a plan to prevent the occurrence in this state of events similar to the events that directly resulted in the convictions.
History:  1991 a. 262; 1995 a. 227 s. 814; Stats. 1995 s. 295.33; 2001 a. 16.
2023 Wisconsin Statutes & Annotations › Chapter 295 - Nonmetallic mining reclamation; oil and gas; ferrous metallic mining. › 295.37 - Penalties; oil and gas.

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 department under this subchapter may be fined not less than $1,000 nor more than $5,000.
(2)
Any person who violates this subchapter or any order issued or rule promulgated under this subchapter may be required to forfeit not less than $1,000 nor more than $10,000 for each violation. Each day of violation is a separate offense.
(3)
(a)
If a person 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 and that statement is material to the issuance of an exploration or production license, the department may revoke the license. If a person holding an exploration or production license repeatedly 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 refuses to submit information required by the department under this subchapter, the department may revoke the license.
(b)
If a person holding an exploration or production license continues to violate this subchapter after the department has issued an order to cease those violations, the department shall revoke the license.
(4)
Any oil or gas produced in violation of this subchapter or any order issued or rule promulgated under this subchapter, or any product manufactured from that oil or gas, is subject to confiscation. The department may seize that oil, gas or products and request the department of justice to commence an action to confiscate the oil, gas or products.
History:  1991 a. 262; 1995 a, 227 s. 816; Stats. 1995 s. 295.37.
2023 Wisconsin Statutes & Annotations › Chapter 295 - Nonmetallic mining reclamation; oil and gas; ferrous metallic mining. › 295.40 - Legislative findings.

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 mining for ferrous minerals because in mining for nonferrous metallic minerals, sulfide minerals react, when exposed to air and water, to form acid drainage.
(3)
That if the mineral products and waste materials associated with nonferrous metallic sulfide mining operations are not properly managed and controlled, they can cause significant damage to the environment, affect human health, and degrade the quality of life of the affected community.
(4)
That the special concerns surrounding nonferrous metallic mining warrant more stringent regulatory measures than those warranted for ferrous mineral mining operations.
(5)
That the provisions in ch. 293, 2011 stats., are a deterrent to ferrous mineral mining in this state and are not necessary to ensure that ferrous mineral mining will be conducted in an environmentally sound manner.
(6)
That simplifying and shortening the permitting process for ferrous mineral mining when compared to nonferrous metallic mineral mining, as Minnesota and Michigan have done, will encourage ferrous mineral mining in Wisconsin and create jobs and generate resources for the state.
(7)
That because of the fixed location of ferrous mineral deposits in the state, it is probable that mining those deposits will result in adverse impacts to wetlands and that, therefore, the use of wetlands for bulk sampling and mining activities, including the disposal or storage of mining wastes or materials, or the use of other lands for mining activities that would have a significant adverse impact on wetlands, is presumed to be necessary.
History:  2013 a. 1.
2023 Wisconsin Statutes & Annotations › Chapter 295 - Nonmetallic mining reclamation; oil and gas; ferrous metallic mining. › 295.43 - Responsibilities related to mining.

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 practicable. The administration of occupational health and safety laws and rules that apply to mining 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) 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:  2013 a. 1.
2023 Wisconsin Statutes & Annotations › Chapter 295 - Nonmetallic mining reclamation; oil and gas; ferrous metallic mining. › 295.56 - Exemptions.

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 feasibility study and plan of operation.
(b)
A mining permit.
(c)
Any other approval.
(2)
(a)
An applicant shall submit a request for an exemption in writing and shall describe the grounds for the exemption and provide documentation identifying the conditions requiring the exemption, the reasons for the exemption, and the reasonableness of the exemption.
(b)
An applicant may obtain an exemption only if the applicant submits the request no later than the 180th day after the application for the mining permit is administratively complete under s. 295.57 (2), unless the condition that is the basis for the requested exemption is not known to the applicant before that day, in which case the deadline is extended to the 20th day before the deadline under s. 295.57 (7) (a).
(c)
The department shall issue a decision on a request for an exemption no later than the 15th day after the day on which it received the request under par. (a). Subject to par. (b) and except as provided in par. (d), the department shall grant the exemption if it is consistent with the purposes of this subchapter and will not violate any applicable environmental law outside of this subchapter and if both of the following apply:
1.
The exemption will not result in significant adverse environmental impacts on the mining site or, if the exemption will result in significant adverse environmental impacts on the mining site, the applicant will offset those impacts through a mitigation program, as provided in s. 295.60 (8), through the measures provided in s. 295.605, or through the conservation measures provided in s. 295.61.
2.
The exemption will not result in significant adverse environmental impacts off of the mining site.
(d)
1.
The department shall deny a request for an exemption if granting the exemption would violate federal law.
2.
If federal law imposes a standard for an exemption that differs from the standard in par. (c) and that cannot be modified by state law, and if that standard has been approved by the federal government for use by the state through a delegation agreement, federally approved state implementation plan, or other program approval, then the department shall determine whether to grant the request for the exemption using the federal standard.
History:  2013 a. 1.
2023 Wisconsin Statutes & Annotations › Chapter 295 - Nonmetallic mining reclamation; oil and gas; ferrous metallic mining. › 295.607 - Shoreland and floodplain zoning.

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 regulation adopted under s. 59.692, 61.351, 61.353, 62.231, 62.233, or 281.31.
(2)
(a)
The department may not prohibit a development or construction activity to be located in an area that would otherwise be prohibited under a shoreland zoning ordinance if the development or construction activity is authorized by the department as part of a mining operation covered by a mining permit under s. 295.58.
(b)
A development or construction activity located in an area that would otherwise be prohibited under a shoreland zoning ordinance does not violate the applicable ordinance if the development or construction activity is authorized by the department as part of a mining operation covered by a mining permit under s. 295.58. No shoreland zoning variance is required for a development or construction activity located as provided under this paragraph.
(3)
A municipal floodplain zoning ordinance under s. 87.30 may not prohibit development or construction activity authorized by the department as part of a mining operation covered by a mining permit under s. 295.58, except to the extent necessary for the municipality to which the floodplain zoning ordinance applies to maintain eligibility for participation in the National Flood Insurance Program.
History:  2013 a. 1, 80.
2023 Wisconsin Statutes & Annotations › Chapter 295 - Nonmetallic mining reclamation; oil and gas; ferrous metallic mining. › 295.62 - Mining waste site construction and completion reports.

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 it is used and ensure that all associated structures are in substantial compliance with the mining waste site feasibility study and plan of operation. The operator shall have a professional engineer, registered as such under ch. 443, document mining waste site construction and render an opinion as to whether the mining waste site has been constructed in substantial conformance with the mining waste site feasibility study and plan of operation. The engineer may use aerial or ground photographs to document the inspection, but photographs do not in themselves constitute compliance with this subsection. The operator shall maintain a complete file describing the items inspected and their condition.
(3)
An operator shall notify the department in writing when the mining waste site has been constructed in substantial compliance with the mining waste site feasibility study and plan of operation.
(4)
(a)
Within 5 business days of receipt of written notice from an operator that the mining waste site has been constructed in substantial compliance with the mining waste site feasibility study and plan of operation, the department shall either review and inspect the mining waste site to ensure that it was constructed according to the approved mining waste site feasibility study and plan of operation or notify the operator that the department will not conduct a review and inspection before disposal of mining waste in the mining waste site. Within 3 business days of any review and inspection, the department shall notify the operator that the mining waste site may be used for the disposal of mining waste or identify all steps that must be completed to bring the mining waste site into substantial compliance with the mining waste site feasibility study and plan of operation. After the operator completes the steps, the operator shall notify the department that the steps have been completed.
(b)
An operator may dispose of mining waste in a mining waste site after one of the following occurs:
1.
The operator receives notice from the department under par. (a) that the department will not conduct a review and inspection before disposal of mining waste in the mining waste site.
2.
The operator receives notice from the department under par. (a) that the mining waste site may be used for the disposal of mining waste.
3.
The operator provides notice to the department under par. (a) that any steps required by the department to be completed under par. (a) have been completed.
History:  2013 a. 1.
2023 Wisconsin Statutes & Annotations › Chapter 295 - Nonmetallic mining reclamation; oil and gas; ferrous metallic mining. › 295.64 - Mining site monitoring; general.

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 satisfactorily complete reclamation and completely release the operator from any bonds or other security required. The department may monitor environmental changes concurrently with the operator and for an additional period after the security is released.
(2)
Analyses.
(a)
The department shall review baseline water quality data with respect to groundwater and monitoring data associated with the mine, mining waste sites, and sites for the disposal of wastes that are not mining wastes at the time of each review of the mining permit or reclamation plan under s. 295.63 (3) and when the operator requests a modification of the mining permit or reclamation plan.
(b)
An operator shall have bacteriological analyses of water samples and all radiological analyses associated with the mining site performed by the state laboratory of hygiene or at a laboratory certified or approved by the department of health services. An operator shall have other laboratory tests the results of which are submitted to the department under this subchapter performed by a laboratory certified or registered under s. 299.11, except that this requirement does not apply to any of the following:
1.
Physical testing of soil.
2.
Air quality tests.
3.
Tests for hydrogen ion concentration (pH).
4.
Tests for chlorine residual.
5.
Tests for temperature.
History:  2013 a. 1.
2023 Wisconsin Statutes & Annotations › Chapter 295 - Nonmetallic mining reclamation; oil and gas; ferrous metallic mining. › 295.65 - Successors.

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 mining operation and transfer the mining permit and any approvals under ss. 295.60, 295.605, and 295.61 to the successor operator if all of the following apply:
(a)
The successor operator agrees to comply with the requirements of this subchapter.
(b)
The successor operator discloses whether it has forfeited any performance security because of noncompliance with any mining laws within the previous 10 years, posts any bond or other security required under s. 295.59, and assumes all responsibilities of all applicable approvals granted to the predecessor operator.
(2)
The department is not required to prepare an environmental impact statement or an environmental assessment for the purposes of this section.
History:  2013 a. 1.
2023 Wisconsin Statutes & Annotations › Chapter 295 - Nonmetallic mining reclamation; oil and gas; ferrous metallic mining. › 295.66 - Cessation of mining or reclamation.

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 mining and shall begin stabilization of the mining site. The department may require the operator to provide technical, engineering, and any other information that the operator believes shows that its actions to stabilize the mining site are adequate. If the department determines, after reviewing the information provided by the operator, that the proposed stabilization of the mining site will result in a substantial adverse impact to the environment, the department shall order the operator to begin additional measures to protect the environment, including, if the cessation is reasonably anticipated to extend for a protracted period of time, reclamation according to the reclamation plan or part of the reclamation plan. Usual and regular shutdown of operations on weekends, for maintenance or repair of equipment or facilities, or for other customary reasons do not constitute a cessation of mining.
History:  2013 a. 1.
2023 Wisconsin Statutes & Annotations › Chapter 295 - Nonmetallic mining reclamation; oil and gas; ferrous metallic mining. › 295.67 - Determination of abandonment of mining.

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 for more than 6 consecutive months.
(2)
Abandonment of mining does not occur if all of the following apply:
(a)
The cessation of mining is due either to labor strikes or to unforeseen developments such as adverse market conditions.
(b)
The cessation of mining does not continue beyond the time, not to exceed 5 years, specified by the department.
(c)
The mining site is maintained in an environmentally stable manner during the cessation of mining.
(d)
The reclamation of the mining site continues according to the reclamation plan during the cessation of mining to the extent practicable.
History:  2013 a. 1.