293.26 Bulk sampling.

968 words·~4 min read·/wi/chapter-293/293-26-2

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)In this section, “approval” means any permit, license, certification, contract, or other authorization that the department issues, or any other action by the department, that is required to engage in bulk sampling.

(1m)No person may engage in bulk sampling except as provided in a bulk sampling license issued by the department under sub.

(4)or

(14m)and any approval required by the department to engage in bulk sampling identified under sub.

(4)or sub.

(4m). A person who intends to engage in bulk sampling shall file a bulk sampling plan with the department. The collection of data under a bulk sampling plan may include sampling and analysis related to geophysical, geochemical, groundwater, and surface water conditions, as well as any other data or studies necessary to prepare an application for a mining permit, including the mining plan, reclamation plan, mining waste site feasibility study and plan of operation, or any other approval required for the proposed mining.

(2)A person shall include all of the following in a bulk sampling plan:

(a)A description and map of the bulk sampling site, including the number of acres in the site, the number of acres of land that will be disturbed, if any, associated with each bulk sampling location, and the locations and types of sampling or studies to be conducted at each bulk sampling location.

(b)A description of the methods to be used for the bulk sampling.

(c)A site-specific plan for controlling surface erosion that conforms to requirements under ss. 281.33

(3)and 283.33 and that identifies how impacts to plant and wildlife habitats will be avoided or minimized to the extent practicable.

(d)A revegetation plan for each area where bulk sampling will be performed that describes how adverse impacts to the environment will be avoided or minimized to the extent practicable and how the site will be revegetated and stabilized and that identifies how adverse impacts to plant and wildlife habitats will be avoided or minimized to the extent practicable.

(e)The estimated time for completing the bulk sampling and revegetation of the bulk sampling locations.

(f)A description of any known adverse environmental impacts that are likely to be caused by the bulk sampling and how those impacts will be avoided or minimized to the extent practicable.

(g)A description of any adverse effects, as defined in s. 44.31

(1), that the bulk sampling might have on any historic property, as defined in s. 44.31

(3), that is a listed property, as defined in s. 44.31

(4), that is on the Wisconsin inventory of historic places, as defined in s. 44.31

(12), or that is on the list of locally designated historic places under s. 44.45 ; or any scenic or recreational areas; and plans to avoid or minimize those adverse effects to the extent practicable.

(3)The department shall protect as confidential any information, other than effluent data, contained in a bulk sampling plan and in any application for an approval that is required before the bulk sampling may be implemented, upon a showing that the information is entitled to protection as a trade secret, as defined in s. 134.90

(c), and any information relating to the location, quality, or quantity of a nonferrous metallic mineral deposit, to production or sales figures, or to processes or production unique to the applicant or that would tend to adversely affect the competitive position of the applicant if made public.

(4)Within 14 days of receipt of a complete bulk sampling plan under sub.

(2), the department shall identify for the applicant, in writing, all approvals that are required before the bulk sampling may be implemented, any waivers, exemptions, or exceptions to those approvals that are potentially available, and any information that the department needs to issue the approvals or to issue a decision on any waiver, exemption, or exception. If no approvals are required, the department shall notify the applicant that no approvals are required and issue a bulk sampling license to the applicant.

(ag)An applicant shall file a revised bulk sampling plan if there are any significant changes to the information provided in the previous bulk sampling plan under sub.

(2).

(ar)If the revised bulk sampling plan is filed before the department approves or denies any waiver, exemption, or exception under sub.

(12), issues any approval under sub.

(13)or

(14), or issues a bulk sampling license under sub.

(14m), within 14 days of receiving the revised bulk sampling plan, the department shall notify the applicant, in writing, of any changes to the information provided to the applicant under sub.

(4).

(b)If the revised bulk sampling plan is filed after the department approves or denies any waiver, exemption, or exception under sub.

(12), issues any approval under sub.

(13)or

(14), or issues a bulk sampling license under sub.

(14m), within 14 days of receiving the revised bulk sampling plan, the department shall identify for the applicant, in writing, any modifications to existing approvals or additional approvals that the department requires.

(5)If a storm water discharge permit under s. 283.33

(a)or a water quality certification under rules promulgated under subch. II of ch. 281 to implement 33 USC 1341

(a)is required before bulk sampling may be implemented, the person filing the bulk sampling plan may apply for and be issued the permit or certification.

(6)The department shall act on any required construction site erosion control and storm water management approval, notwithstanding any authorization by the department of a local program to administer construction site erosion control and storm water management requirements.

(7)An applicant shall submit all of the following at the same time: