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2023 - 2024 LEGISLATURE
2023 ASSEMBLY BILL 319
June 9, 2023 - Introduced by Representative ARMSTRONG. Referred to Committee
on Local Government.
***AUTHORS SUBJECT TO CHANGE***
AN ACT to amend 295.11 (6) (b); and to create 295.11 (6) (a) 6., 295.12 (3) (m)
and 295.16 (4) (k) of the statutes; relating to: asphalt or concrete plants at a
nonmetallic mining site and modifying and creating administrative rules
related to nonmetallic mining.
Analysis by the Legislative Reference Bureau
Under current law, all active mining sites for nonmetallic minerals such as sand
or gravel must have a valid reclamation permit from the county, city, village, or town
where the mine is located. Current law requires counties—and allows cities,
villages, and towns—to have in place a nonmetallic mining reclamation ordinance
to address how nonmetallic mining sites will be rehabilitated after mining
operations cease. Current law requires certain provisions to be included in such
ordinances, including a requirement for a mine operator to submit a reclamation
plan, pay annual fees, and provide proof of financial responsibility to meet
reclamation requirements.
This bill provides that an asphalt or concrete plant may be considered part of
a “nonmetallic mining site” that is subject to reclamation ordinances and rules,
including requirements relating to reclamation plans, fees, and financial
assurances. The bill also provides that, if an asphalt or concrete plant will be
included in a nonmetallic mining site, the reclamation plan for the site must include
the area where the plant will be located, where related structures and equipment or
stockpiles of materials will be located, and where related activities will take place.
However, under the bill, if such a plant remains in operation after the remainder of
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the mining site is closed and reclaimed, the plant is no longer subject to reclamation
ordinances and rules.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SECTION 1. 295.11 (6) (a) 6. of the statutes is created to read:
295.11 (6) (a) 6. Areas where a plant or other facility for producing asphalt
pavement or concrete is located, where related structures and equipment or
stockpiles of materials are located, and where related activities take place.
SECTION 2. 295.11 (6) (b) of the statutes is amended to read:
295.11 (6) (b) “Nonmetallic mining site" does not include any area described in
par. (a) 1. to 5. that is not used for nonmetallic mining or for purposes related to
nonmetallic mining on or after October 14, 1997, or any area described in par. (a) 6.
that is not used on or after October 14, 1997.
SECTION 3. 295.12 (3) (m) of the statutes is created to read:
295.12 (3) (m) Except as provided in s. 295.16 (4) (k), if a plant or other facility
for producing asphalt pavement or concrete will operate at a nonmetallic mining site,
a requirement for the operator to include in the nonmetallic mining reclamation plan
the area where the plant or facility will be located, where related structures and
equipment or stockpiles of materials will be located, and where related activities will
take place.
SECTION 4. 295.16 (4) (k) of the statutes is created to read:
295.16 (4) (k) Any activities in areas where a plant or other facility for
producing asphalt pavement or concrete is located, where related structures and
equipment or stockpiles of materials are located, and where related activities take
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place, if the plant or other facility continues to operate after the closure and
reclamation of the remainder of the nonmetallic mining site.
SECTION 5. NR 135.02 (3) (m) of the administrative code is created to read:
NR 135.02 (3) (m) Any activities in areas where a plant or other facility for
producing asphalt pavement or concrete is located, where related structures and
equipment or stockpiles of materials are located, and where related activities take
place, if the plant or other facility continues to operate after the closure and
reclamation of the remainder of the nonmetallic mining site.
SECTION 6. NR 135.03 (16) (a) 7. of the administrative code is created to read:
NR 135.03 (16) (a) 7. Areas where a plant or other facility for producing asphalt
pavement or concrete is located, where related structures and equipment or
stockpiles of materials are located, and where related activities take place.
SECTION 7. NR 135.03 (16) (b) 3. of the administrative code is amended to read:
NR 135.03 (16) (b) 3. Areas Except as provided in par. (a) 7., areas previously
mined but used after 8 months following December 1, 2000 for a non-mining activity,
such as stockpiles of materials used for an industrial process unrelated to
nonmetallic mining.
SECTION 8. NR 135.03 (25) (b) 4. of the administrative code is amended to read:
NR 135.03 (25) (b) 4. Areas previously mined but used after 8 months following
December 1, 2000 for a non-mining activity, such as stockpiling of materials used for
an industrial activity such as an asphalt plant, concrete batch plant, a block and tile
operation or other industry that uses products produced from nonmetallic mining.
SECTION 9. NR 135.03 (25) (b) 6. of the administrative code is created to read:
NR 135.03 (25) (b) 6. Areas where a plant or other facility for producing asphalt
pavement or concrete is located, where related structures and equipment or
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stockpiles of materials are located, and where related activities take place, if the
plant or other facility continues to operate after the closure and reclamation of the
remainder of the nonmetallic mining site.
SECTION 10. NR 135.19 (2m) of the administrative code is created to read:
NR 135.19 (2m) ASPHALT AND CONCRETE PLANTS. Except as provided in s. NR
135.02 (3) (m), if a plant or other facility for producing asphalt pavement or concrete
will operate at a nonmetallic mining site, the reclamation plan shall include the area
where the plant or facility will be located, where related structures and equipment
or stockpiles of materials will be located, and where related activities will take place.
SECTION 11.0Effective dates. This act takes effect on the day after publication,
except as follows:
(1) ADMINISTRATIVE RULES. The treatment of administrative rules take effect as
provided in s. 227.265.
(END)
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