NR 670.404 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06. NR 670.405NR 670.405 Modification, revocation and reissuance, or revocation or denial of licenses. NR 670.405(1)(1) Licenses may be modified, revoked and reissued, or revoked or denied either at the request of any interested person, including the licensee, or upon the department’s initiative. However, licenses may only be modified, revoked and reissued, or revoked or denied for the reasons specified in ss. NR 670.010 (5) (e), 670.041, 670.043 and s. 291.87 (1m), Stats. All requests shall be in writing and shall contain facts or reasons supporting the request. NR 670.405(2)(2) If the department decides the request is not justified, the department shall send the requester a brief written response giving a reason for the decision. Denials of requests for modification, revocation and reissuance, or revocation or denial are not subject to public notice, comment, or hearings. NR 670.405(3)(a)(a) If the department tentatively decides to modify or revoke and reissue a license under s. NR 670.041 or 670.042 (3), the department shall prepare a preliminary determination under s. NR 670.406 incorporating the proposed changes. The department may request additional information and, in the case of a modified license, may require the submission of an updated application. In the case of revoked and reissued licenses, other than under s. NR 670.041 (2) (c), the department shall require the submission of a new license application. In the case of revoked and reissued licenses under s. NR 670.041 (2) (c), the department and the licensee shall comply with the appropriate requirements in subch. J. of ch. NR 670, for standardized licenses. NR 670.405(3)(b)(b) In a license modification under this section, only those conditions to be modified shall be reopened when a new preliminary determination is prepared. All other aspects of the existing license shall remain in effect for the duration of the unmodified license. When a license is revoked and reissued under this section, the entire license is reopened just as if the license had expired and was being reissued. During any revocation and reissuance proceeding the licensee shall comply with all conditions of the existing license until a new final license is reissued. NR 670.405(4)(4) If the department tentatively decides to revoke or deny a license under s. NR 670.043 where the licensee objects, the department shall issue a notice of intent to revoke or deny. NR 670.405 NoteNote: Procedures for revocation, suspension or denial of a license are found in s. 291.87, Stats. NR 670.405(5)(5) All preliminary determinations, including notices of intent to revoke or deny, prepared under this section shall be based on the administrative record as defined in s. NR 670.409. NR 670.405 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 16-007: am. (3) (a) Register July 2017 No. 739, eff. 8-1-17. NR 670.406NR 670.406 Preliminary determination of license applications. NR 670.406(1)(1) Before issuing a preliminary determination, the department shall complete the environmental review process under ch. NR 150. Once the department determines that a license application is complete, the department shall issue a preliminary determination to approve or deny the application. NR 670.406(4)(4) The preliminary determination shall contain all of the following information: NR 670.406 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06. NR 670.408(1)(1) A fact sheet shall be prepared for every preliminary determination. The fact sheet shall briefly set forth the principal facts and the significant factual, legal, methodological and policy questions considered in preparing the preliminary determination. The department shall send this fact sheet to the applicant and, on request, to any other person. NR 670.408(2)(2) The fact sheet shall include all of the following, when applicable: NR 670.408(2)(a)(a) A brief description of the type of facility or activity which is the subject of the preliminary determination. NR 670.408(2)(b)(b) The type and quantity of wastes which are proposed to be or are being treated, stored or disposed of. NR 670.408(2)(d)(d) A brief summary of the basis for the preliminary determination conditions including references to applicable statutory or regulatory provisions and appropriate supporting references to the administrative record required by s. NR 670.409. NR 670.408(2)(e)(e) Reasons why any requested alternatives to required standards do or do not appear justified. NR 670.408(2)(f)(f) A description of the procedures for reaching a final decision on the preliminary determination including all of the following: NR 670.408(2)(f)1.1. The beginning and ending dates of the comment period under s. NR 670.410 and the address where comments will be received. NR 670.408(2)(f)3.3. Any other procedures by which the public may participate in the final decision. NR 670.408(2)(g)(g) Name and telephone number of a person to contact for additional information. NR 670.408 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06. NR 670.409(1)(1) The provisions of a preliminary determination prepared by the department under s. NR 670.406 shall be based on the administrative record which consists of the following: NR 670.409(1)(a)(a) The application and any supporting data furnished by the applicant. NR 670.409(1)(d)(d) Other documents contained in the supporting file for the preliminary determination. NR 670.409(2)(2) The department shall base final license decisions under s. NR 670.415 on the administrative record which consists of the following: NR 670.409(2)(d)(d) The response to comments required by s. NR 670.417 and any new material placed in the record under that section. NR 670.409(2)(e)(e) Other documents contained in the supporting file for the license. NR 670.409(3)(3) If a contested case hearing under s. 289.27, Stats., is held, the department’s final determination shall also consider all comments received during the written comment periods and at any informational hearings, and shall consider the department’s responses to comments. NR 670.409(4)(4) Material readily available at the department, or published materials which are generally available and which are included in the administrative record under this section need not be physically included in the same file as the rest of the record as long as it is specifically referred to in the fact sheet or in the response to comments. NR 670.409 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 13-022: am. (1) (c) Register March 2014 No. 699, eff. 4-1-14; correction in (1) (c) made under s. 13.92 (4) (b) 7., Stats., Register March 2014 No. 699. NR 670.410NR 670.410 Public notice and public comment period. NR 670.410(1)(a)(a) The department shall give public notice that any of the following actions have occurred: NR 670.410(1)(b)(b) No public notice is required when a request for license modification, revocation and reissuance, or revocation or denial is denied under s. NR 670.405 (2). Written notice of that denial shall be given to the requester and to the licensee. NR 670.410(1)(c)(c) Public notices may describe more than one license or license actions. NR 670.410(2)(a)(a) Public notice of the preliminary determination required under sub. (1) shall allow at least 45 days for public comment. NR 670.410(2)(b)(b) If a hearing is to be held under ss. 289.26 or 289.27, Stats., public notice of the hearing shall be given at least 30 days before the hearing. NR 670.410(3)(3) Methods. Public notice of activities described in sub. (1) (a) shall be given by the following methods: NR 670.410(3)(a)(a) By mailing a copy of a notice to the following persons (any persons otherwise entitled to receive notice under this paragraph may waive their rights to receive notice for any classes and categories of licenses). NR 670.410(3)(a)2.2. The EPA region 5 administrator if EPA is required to issue a permit for the same facility or activity. NR 670.410(3)(a)3.3. Federal and state agencies with jurisdiction over wildlife resources, the advisory council on historic preservation and state historic preservation officers, including any affected Indian tribes. NR 670.410(3)(a)9.b.b. Soliciting persons for “area lists” from participants in past license proceedings in that area. NR 670.410(3)(a)9.c.c. Notifying the public of the opportunity to be put on the mailing list through periodic publication in the public press and in publications such as state funded newsletters, environmental bulletins or state law journals. The department may update the mailing list from time to time by requesting written indication of continued interest from those listed. The department may delete from the list the name of any person who fails to respond to such a request. NR 670.410(3)(a)10.10. To the clerk of any unit of local government having jurisdiction over the area where the facility is proposed to be located. NR 670.410(3)(a)11.11. To each state agency having any authority under state law with respect to the construction or operation of the facility. NR 670.410(3)(b)(b) For preliminary determinations, the department shall publish a class 1 notice according to ss. 985.04, 985.05 and 985.06, Stats., and broadcast over local radio stations. NR 670.410(4)(a)(a) All public notices. All public notices issued under this chapter shall contain the following minimum information: NR 670.410(4)(a)1.1. Name and address of the office processing the license action for which notice is being given. NR 670.410(4)(a)2.2. Name and address of the licensee or license applicant and, if different, of the facility or activity regulated by the license. NR 670.410(4)(a)4.4. Name, address and telephone number of a person from whom interested persons may obtain further information, including copies of the preliminary determination, fact sheet, and the license application. NR 670.410(4)(a)5.5. A brief description of the comment procedures required by ss. NR 670.411 and 670.412 and the time and place of any hearing that will be held, including a statement of procedures to request a hearing (unless a hearing has already been scheduled) and other procedures by which the public may participate in the final license decision. NR 670.410(4)(a)6.6. The location of the administrative record, the times at which the record will be open for public inspection, and a statement that all data submitted by the applicant is available as part of the administrative record. NR 670.410(4)(b)(b) Public notices for hearings. In addition to the general public notice described in par. (a), the public notice of a hearing under s. NR 670.412 shall contain the information required under s. NR 2.06 (1) and (2). NR 670.410(5)(5) In addition to the general public notice described in sub. (4) (a), all persons identified in sub. (3) (a) 1. to 3., shall be mailed a copy of the fact sheet and the preliminary determination. NR 670.410 NoteNote: Section 289.24 (4), Stats, requires the applicant to distribute copies of the license application to the persons specified under s. 289.32, Stats., immediately after receiving notice of the department’s determination that the license application is complete. NR 670.410 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.
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