In 2017, the legislature passed a law that eliminated the strong protections we had here in Wisconsin from mining pollution. The new law removed protections for Wisconsin residents, local communities, and our wetlands. It also eliminated a number of public hearing opportunities.
Now, the Natural Resources Board (NRB) is finalizing Wisconsin's new rules to comply with this awful legislation. Click here to submit comments asking for strong rules
Background:
The new mining law, 2017 Act 134. This law made multiple changes including:
- Repealing the “Prove it First” law without safe examples of metallic sulfide mining
- Repealing the Irrevocable Trust and replacing it with a contingency bond that expires and is returned after 40 years
- Eliminating protections for our wetlands by eliminating the wetland regulatory program for mining and replacing it with standards designed for parking lots and strip malls
- Fast-tracking the permitting process
- Reducing the amount of public hearings and changing this process: only one public information meeting is required before the mining permit decision, with no requirement that expert testimony be under oath
Since this law, there have been metallic sulfide mining proposals in northern Wisconsin and just hundreds of feet from our border with Michigan near the Menominee River. These destructive metallic sulfide mining practices pose a serious threat to Wisconsin when they are without the environmental, public health, and economic protections they need. The hearings for these rules give us a chance to influence how the 2017 Act 134 law is interpreted and allow us to prevent the further erosion of Wisconsin’s environmental protections.
The DNR is updating four rules (NR 130, 131, 132, and 182) to make them consistent with this new, bad law. They must operate within the constraints of the new law.
What you can do:
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Attend the Meeting and testify on October 22 from 4:00 PM - 6:30 PM
Link to register to join
You must register to join the meeting, and doing so before is strongly encouraged. You will still be able to register and join while the meeting is taking place, however. After pre-registering, you will receive a confirmation email containing information about joining the hearing, either through an internet connection or by telephone. Additional instructions will be provided during the hearing.
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Submit a Written Comment- click here to submit a comment to the DNR
Here are some talking points: These points are suggested to be altered and used as areas of focus for testimony given at the hearing or any written comments.
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Bulk Sampling (NR 130):
The rules should be absolutely clear that no more than 10,000 tons of material can be removed as part of bulk sampling in a potential mining site. This requires DNR clarifying the definitions of bulk sampling site, excavation site, and potential mining site as they relate to the amount of materials that may be removed. Based on the statutory definition of “bulk sampling” in Wis. Stat. s. 293.01(2m), no more than 10,000 tons of material may be removed from a potential mining site. This is supported by the Legislative Council memo which describes how 2017 Act 134 changed Wisconsin’s nonferrous metallic mining law: “The Act creates a separate approval process for “bulk sampling” of nonferrous metallic minerals, defined to include excavating in a potential mining site by removing less than 10,000 tons of total material, including overburden, to assess the nonferrous metallic minerals present or gather data to support a mining application.” (pg. 2).
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Public hearings:
The number of required public and informational hearings was reduced in 2017 Act 134 to only one. However, there are some hearings that are at the discretion of the DNR to hold. To increase transparency and public participation, DNR should exercise its authority to hold the following hearings throughout the non ferrous metallic mining process:
-- NR 131.105 allows the DNR to hold a hearing for the prospecting pre-application public informational hearing. Section 7(g)(2) currently states, “If the department holds a public informational hearing to receive comments from interested persons, the hearing shall be completed within 45 days after public notice required under this subsection is given.” We ask that you please change the language to: Department shall hold a public hearing if it receives a pre-application.
--Under NR 132.105, the same situation applies to the mining pre-application. Section 7(g)(2) currently states, “If the department holds a public informational hearing to receive comments from interested persons, the hearing shall be completed within 45 days after public notice required under this subsection is given.” We ask that you please change the language to: Department shall hold a public hearing if it receives a pre-application. -
Areas of Special Natural Resources Interested (ASNRI): Areas of Special Natural Resources Interest (ASNRI) should be recognized as “unsuitable” for sulfide mining. ASNRI include environmentally sensitive areas like trout streams and wild rice waters. In NR 131.103, 131.110, 132.103, 132.105, 132.110, and NR 182.105, places like state natural areas are listed as unsuitable for mining,while other ASNRI designations such as wild rice waters and trout streams are not listed as unsuitable for mining. All ASNRI should be listed as unsuitable to protect them from this type of environmentally risky activity.
We need your help to protect our environment by stopping the weakening of Wisconsin’s environmental protections. Let the DNR know how you feel about the rule updates!
Written by Beto Spielvogel, Organizing Intern with the Sierra Club Wisconsin Chapter