Bill Moving Through State Legislature Removes State's Authority to Regulate Ponds Created for Nonmetallic Mines

Monday, June 26th, 2023 -- 8:01 AM

(Laura Schulte, Milwaukee Journal Sentinel) A bill moving quickly through the Legislature removes the state's authority to regulate ponds created for nonmetallic mines and leaves it in the hands of local officials, a move proponents say will streamline important projects but critics warn raises the risk of environmental harm.

According to Laura Schulte with the Milwaukee Journal Sentinel, the bill would take away the regulation of ponds at mining sites that are within 500 feet of natural surface water from the Department of Natural Resources and place it with counties and municipalities that some warn may not have the expertise of the agency.

Currently, both the agency and counties issue permits for the ponds, which some impacted businesses have claimed slows down the permitting process or creates two sets of standards for the same issue.

Non-metallic mining refers to the extraction of any non-metal mineral, such as gravel and crushed stone used in road construction, stone used for monuments, the material used in shingles, peat used in horticulture, frac sand and other materials.

The ponds at mining facilities are used to wash the extracted element, such as sand, and separate out the best sizes and shapes while rinsing off dirt and other sediments. The concern with these ponds near natural bodies of water is overflow during heavy rains, which have gotten more intense and more frequent in recent years.

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