By TODD RICHMOND
MADISON, Wis. (AP) — Local governments are looking to enact their own mining regulations as Gov. Scott Walker prepares to lift Wisconsin’s nearly 20-year ban on gold and silver mining, saying they want to protect the environment and make sure taxpayers don’t have to clean up any resulting pollution.
Walker voted for the mining moratorium when he was in the state Assembly in 1998 but is expected to sign a new Republican-backed bill that would lift the prohibition and relax other mining regulations.
The proposal comes as Aquila Resources Inc. is considering mining ore deposits in Taylor and Marathon counties. The company has been eyeing the deposits since 2011 but hasn’t filed any formal permit applications. It didn’t respond to messages seeking comment.
The Menominee Nation and the environmental law firm Earthjustice are suing to block a proposed Aquila zinc and gold mine in Michigan’s Upper Peninsula. In Wisconsin, though, no organized opposition has coalesced yet around the state’s potential sites. Still, environmentalists and local government officials expect that lifting the moratorium will spur Aquila into action. In the absence of a state moratorium, counties like Marathon have begun considering drafting their own mining ordinances.
“I’m not opposed to mining as long as it can be done environmentally safe, that the resource isn’t just wasted and all the infrastructure of the municipality is protected,” Marathon County Board Chairman Kurt Gibbs said. “(But) it could be (disastrous) if not done correctly and remediation is not done correctly.”
Gold, copper, zinc, nickel and other metals are typically found in sulfide rock deposits. Getting them out can produce sulfuric acid, which can find its way into waterways and pollute them.
State law prevents mine developers from opening new sulfide mines unless they first show that someone has able been to operate a sulfide mine in North America for a decade without polluting. The statutes also require applicants to prove that a North American sulfide mine has been closed for a decade without causing pollution. Critics say the requirements amount to a de facto moratorium on sulfide mining in the state.
Republicans have pushed to re-start mining in northern Wisconsin in recent years, saying a step in that direction would boost the region’s economy.
The bill awaiting Walker’s signature would end the requirements from 1998. It also would eliminate state requirements calling on applicants to establish a perpetual fund to pay for environmental damage, instead requiring applicants to maintain financial responsibility for their mines for 40 years after they close and to maintain the mine’s water-management systems for 250 additional years.
The bill wouldn’t prevent municipalities from enacting their own mining ordinances, though. Republican Sen. Jerry Petrowski of Marathon, whose district includes the possible site in Marathon County, has given local officials time to draft their own ordinances by amending the proposal to ensure it wouldn’t take effect until six months after Walker signs it.
In the meantime, Petrowski has asked the Wisconsin Counties Association and Wisconsin Towns Association to put together a model ordinance that local officials throughout the state could use.
“These types of mining operations can provide financial benefits for a community, but also carry inherent risks that must be considered,” Petrowski said in a letter to the associations. “By having an ordinance in place, local officials can best position themselves to ensure that local concerns and needs are addressed.”
Dan Bahr, a lobbyist for the counties association, said the organization is consulting its attorney and members on language that would satisfy all counties. Mike Koles, executive director of the towns association, didn’t immediately reply to a message seeking comment.
Taylor County has had a local mining ordinance in place since 2013. It holds mining applicants responsible for any environmental damage caused by their mines and for reclamation efforts and damage to roads. It also requires them to compensate landowners if a mine drives down nearby property values. If the current mining bill is passed, county officials plan to revisit their ordinance to make sure it’s up to date.
Last week, the Marathon County Board’s executive committee directed the county’s conservation department to start gathering information to draft a revised ordinance. Gibbs, the county board chairman, said the language from Taylor County could serve as a model. He said he wants to make sure mining companies, not county taxpayers, pay for any environmental damage and cleanup work that might be needed.
No one from Aquila replied to an email left in the company’s general inbox seeking comment. A spokeswoman for Aquila didn’t reply to a phone message left at her office.
The chief author of the bill, Sen. Tom Tiffany of Hazelhurst, said he’s not opposed to the locals’ making their own rules. He said local officials should have the leeway needed to get the best deal they can.
“You have to get that social license in order to mine,” Tiffany said. “It’s the price of doing business these days for a mining company.”