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. NR 670.411NR 670.411 Public comments and requests for public hearings. During the public comment period provided under s. NR 670.410, any interested person may submit written comments on the preliminary determination and may request a public hearing, if no hearing has already been scheduled. A request for a public hearing shall be in writing and shall state the nature of the issues proposed to be raised in the hearing. All comments shall be considered in making the final decision and shall be answered as provided in s. NR 670.417. NR 670.411 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06. NR 670.412(1)(a)(a) The department may hold a public hearing whenever the department finds, on the basis of requests, a significant degree of public interest in the preliminary determination. NR 670.412(1)(b)(b) The department may also hold a public hearing at the department’s discretion, whenever, for instance, such a hearing might clarify one or more issues involved in the preliminary determination or operating license decision. NR 670.412(1)(c)(c) The department may hold a public informational hearing whenever the department receives written notice of opposition to a preliminary determination and a request for a hearing within 45 days of public notice under s. NR 670.410 (2) (a), and whenever possible the department shall schedule a hearing under this section at a location convenient to the nearest population center to the proposed facility. NR 670.412(1)(e)(e) Department determinations under this chapter are made as part of the process for approving a feasibility and plan of operation report or license under subch. III of ch. 289, Stats., or ch. 291, Stats., and are therefore exempt from s. 227.42 (1), Stats. NR 670.412 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06. NR 670.415NR 670.415 Issuance of the operating license. NR 670.415(1)(1) Within 60 days after the close of the public comment period under s. NR 670.410 on a preliminary determination, the department shall issue a final determination. The department shall notify the applicant and each person who has submitted written comments or requested notice of the final determination. For the purposes of this section, a final determination means a final decision to issue, deny, modify, revoke or reissue, or revoke a license.
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