December 20, 2011
 

 

 

 

 

 

 

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Room 127 West

State Capitol

P.O. Box 8952

Madison, WI  53708

 

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rep.berceau@legis.wi.gov

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 SPECIAL EDITION - MINING BILL
 

Assembly Republicans have finally unveiled their much-discussed mining bill, Assembly Bill 426.  Due to the substantial impact this bill will have on the tourism industry in Wisconsin, the natural resources that belong to all of us, and the health of our neighbors in the northern part of our state, I am sending out a Special Edition of my e-newsletter with the details of this bill.

 

I do not plan to support this measure as written and I am doubtful there will be changes significant enough to garner my support.  There are many troubling items in this 183-page bill: the shortened timeline for the permitting process, the quality of information contained in the permit application, and the elimination of contested case hearings - just to name a few.

 

I am not swayed by the argument from Republican legislators that we need to streamline our existing mining regulations to this degree.  AB 426 is nothing but a special-interest giveaway to mining company Gogebic Taconite (GTAC), which plans to build a massive iron mine in the Penokee Hills, just south of Lake Superior in Ashland and Iron Counties.  This bill contains huge rollbacks to environmental laws and guts the process for public input.

 

AB 426 was developed in secret.  Members of the public and the Department of Natural Resources (DNR) had only six days to analyze the bill before it received a public hearing in Milwaukee on December 14.  At that hearing, no legislator was willing to take responsibility for writing it.  The head of GTAC was asked if his firm had any hand in writing the bill. He said he himself had not, but refused to say whether or not others in the company were involved.  (This is why we need contested case hearings - so people who want permits to alter our environment have to answer questions like this under oath.)  The Republican leadership does not plan on holding a hearing in Ashland, the area most affected by the bill.  Legislative Democrats have announced plans to hold an unofficial public hearing.  Simply put, this is not the Wisconsin way.  That tells me this bill is wrong for our state.

 

Sincerely,
 

Terese Berceau

State Representative

76th Assembly District

 

 

The Penokee Range

Source: Earth First Newswire

 

This mining bill jeopardizes the health of our families and our environment in the name of supporting special interests and wealthy out-of-state executives.  Here are some of the most horrendous provisions in the bill.

 

GENERAL CONCERNS

  • AB 426 establishes that the expansion of the mining industry is a policy of the state.  Why this industry gets favored treatment over other important industries, such as agriculture and tourism, is unclear.

  • Language in AB 426 stipulates that any conflict between the mining law and other statutes will be resolved in favor of the mining law - essentially making those other laws meaningless and unenforceable.

  • This legislation circumvents the DNR rulemaking process over permit regulations.

 

ROLLS BACK HISTORICAL ENVIRONMENTAL PROTECTIONS

  • Under this legislation, the mining law gets special preference to supersede ALL other environmental and public health laws (solid and hazardous waste, clean air, groundwater, surface water, wetlands protections, shoreland and floodplain zoning, etc.) -- a benefit not enjoyed by any other industry or business.

  • If the DNR can't enforce our environmental laws, the federal Environmental Protection Agency could decertify it as the authority for implementing the Clean Water Act.  That could lead to the federal government taking over enforcement of Wisconsin's water regulations.

  • AB 426 prohibits DNR from monitoring mine waste sites or facilities, stopping work at a mine if there are permit violations or pollution, or making mine companies pay fines for those violations.

  • Language in the legislation says harm to high-value wetlands is "presumed to be necessary," thus, weakening existing protections for these sensitive areas.

  • The DNR indicated language in the bill regarding high-capacity wells may be in conflict with water use restrictions in the Great Lakes Compact.  Wisconsin and the other states and Canadian provinces bordering the Great Lakes passed the Compact in 2008 to prevent other states from depleting water resources in the Great Lakes basin.  According to Clean Wisconsin, the proposed mine would use an estimated 41 million gallons of water every day -- more than the entire City of Madison uses per day.

 

SILENCES THE VOICE OF THE PUBLIC

  • AB 426 removes citizens' right to sue for illegal environmental damage by a mine.

  • The bill removes all contested case hearings, which provide the only opportunity to challenge data and question mining officials on the record.

  • This legislation caps the amount a mining corporation must pay to that state for analyzing its permit, leaving the public to pay the remainder of its bill.

  • Currently, all revenue from the net proceeds occupation tax paid by mining companies stays in local communities to help defray the cost of increased government services and strain on infrastructure caused by mining.  AB 426 would send half of that money to the state.

 

ELIMINATES ACCOUNTABILITY AND SCIENCE IN THE PERMITTING PROCESS

  • If the DNR does not act on a proposed mining permit within 360 days of the application's completion, the mining permit is automatically approved.

  • The bill removes DNR's expert discretion with regard to determining when a permit application is complete.  An application for a mining permit is considered complete 30 days after it is received, unless prior to the 30th day, the DNR provides the applicant with written notification that the application does not include a mining plan, reclamation plan, or waste site feasibility study and plan of operation.  However, the DNR may not consider the quality of information provided by the mining company when determining its completion. Furthermore, the bill does not provide DNR with more staff in order to analyze the application thoroughly within the small timeframe allowed.

  • The mining company is excused from filing a notice of intent with DNR, and the associated public notice, before collecting data intended to be used to support an application.  Additionally, the mining company no longer has to obtain a permit for prospecting or excavation.

  • Under AB 426, the DNR can't deny a mining permit even if important and unique sites such as wilderness areas, national or state parks, archeological sites, or cemeteries will be disturbed.

  • An applicant may request an exemption from ANY requirement in the iron mining law that is needed to conduct such mining.  The DNR must grant or deny the exemption within 15 days - a very limited time to analyze a possibly very consequential exemption.

  • Language in the legislation simply requires the mining company to be "committed" to complying with environmental protection laws, rather than requiring it to comply with those laws.

  • At the public hearing on December 14, a representative from the U.S. Army Corps of Engineers indicated the shortened timeline for reviewing mining permit applications could mean the agency cannot work together with the DNR.  That could actually increase the time needed for permits to be fully approved.

  • The legislation includes weak language that changes the standard for protecting public health, safety, and welfare from "will not" cause harm to the subjective "is not likely" to cause harm.

  • Language in AB 426 requires DNR to issue a permit for a mine's water withdrawals as long as it determines that the public benefits of a mine "exceed an injury to public rights."

  • AB 426 makes pollution acceptable by requiring DNR to allow mining waste to be placed in areas even where it has been determined that there is a "reasonable probability that the waste will result in a violation of surface water or groundwater quality standards."

  • This legislation does NOT allow DNR to monitor the waste site, issue a stop work order if permit violations or pollution is found, or request more information from a mining company during their permit application process.

 

ABOUT THE PLANNED MINE AND THE PENOKEE RANGE AREA

GTAC, a West Virginia mining corporation, leased the mineral rights to 22,000 acres in order to build an open-pit iron ore mine in Northern Wisconsin's Penokee Range.  This proposed mine, located at the headwaters of the Bad River near Ashland, could threaten one of Wisconsin's more beautiful natural resources.

 

The Penokee Range links the Chequamegon-Nicolet National Forest to the Ottawa National Forest in the Upper Peninsula of Michigan - a 40-mile stretch of continuous forest for timber wolves and rare birds and animals.  The Range is home to 71 miles of rivers and streams that flow through the proposed mining area and empty into the Bad River, which flows into Lake Superior. 

 

The Bad River Watershed, which drains the area where the proposed mine would be located, contains 72 rare and endangered plants and animals.  Additionally, the Bad River - which empties into Chequamegon Bay through 16,000 acres of wetlands, woodlands, and sand dune ecosystems - is one of the largest undeveloped freshwater estuaries in the world and is home to waterfowl, songbirds, and several species of fish.  All of these ecosystems will no doubt be affected by the proposed mine.  Past shaft and pit mines in the Lake Superior basin have impacted ecosystems through deforestation, erosion and sedimentation, acid drainage, and industrial development. 

 

Additionally, GTAC has stated that it would need to construct a 300 megawatt power plant to provide for the energy needs of the plant.  It has told local officials that it would like to use coal for the plant, which emits extremely high levels of pollution and could further harm the area.  Furthermore, the mining operation itself will likely cause significant emissions of silica and dust into the air, further degrading air quality.

 

Local communities will be directly impacted by the effect of the mine on the Penokee Range and rivers.  The rivers flowing through the Range are among the highest quality in the state, providing ample opportunity for tourism and outdoor recreation for canoeing, kayaking, and fishing.  Additionally, the rivers are the source of drinking water for nearby communities including Ashland, Mellen, and Upson, and has cultural and economic significance to the Bad River Band of Lake Superior Chippewa.  The proposed mine is home to the largest undeveloped wetlands in the upper Great Lakes, which supports the largest natural wild rice beds in the Great Lakes basin.  Members of the Bad River Band have harvested the wild rice for centuries. 

 

 

SOME PROSPECTIVE

The proponents of AB 426 say they drafted this legislation to be similar to the mining laws in Michigan and Minnesota.  Below is a photo of Michigan's Empire Mine, which spans a mile across and 1,200 feet down to its lowest point.  Just imagine what GTAC'S proposed massive mine covering four miles would look like.

 

 

Michigan's Empire Mine

Source: JSonline.com

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