NR 670.417(1)(1)At the time that any final license decision is issued under s. NR 670.415, the department shall issue a response to comments. This response shall include both of the following:
NR 670.417(1)(a) (a) Specify which provisions, if any, of the preliminary determination have been changed in the final license decision, and the reasons for the change.
NR 670.417(1)(b) (b) Briefly describe and respond to all significant comments on the preliminary determination raised during the public comment period, or during any hearing.
NR 670.417(3) (3)The response to comments shall be available to the public.
NR 670.417 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.
NR 670.427 NR 670.427 Annual renewal of the operating license.
NR 670.427(1)(1)The owner or operator of a treatment, storage or disposal facility who has been issued an operating license shall:
NR 670.427(1)(a) (a) Renew the operating license annually by submitting a license renewal form to the department by the date specified on the renewal application form.
NR 670.427(1)(b) (b) Submit the fee specified in ch. NR 670 Appendix II by the date specified on the environmental fee statement.
NR 670.427(2) (2)The owner or operator of a treatment, storage or disposal facility who fails to renew the license according to sub. (1) shall pay a late processing fee of $200 in addition to the license fee.
NR 670.427(3) (3)If the department fails to issue the annual operating license within 65 business days after the complete license renewal form is received by the department, the department shall refund fees paid by the applicant for the annual renewal of the operating license.
NR 670.427 Note Note: The department will mail the annual license renewal form and environmental fee statement to the owners or operators of treatment, storage or disposal facilities with effective operating licenses.
NR 670.427 Note Note: The license application is complete when the environmental fee and license application renewal form are received by the department.
NR 670.427 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; correction in (1) (b) made under s. 13.92 (4) (b) 7., Stats., Register March 2013 No. 687.
subch. M of ch. NR 670 Subchapter M — Specific Decisionmaking Procedures
NR 670.431 NR 670.431 Pre-application public meeting and notice.
NR 670.431(1)(1)This section applies to all owners or operators submitting feasibility and plan of operation reports for initial operating licenses for hazardous waste management facilities. This section also applies to owners or operators submitting feasibility and plan of operation reports for reissuance of licenses for those facilities, where the submittal is proposing a significant change in facility operations. For the purposes of this section, a “significant change” is any change that would qualify as a class 3 license modification under s. NR 670.042. This section also applies to owners or operators submitting written notices of intent to be covered by a standardized license (see subch. J), including reissuance of a standardized license for units where the owner or operator proposes a significant change in facility operations, as defined in s. NR 670.320 (1) (c). This section does not apply to license applications submitted for the sole purpose of conducting long-term care activities or long-term care activities and corrective action at a facility.
NR 670.431(2) (2)Prior to the submission of a feasibility and plan of operation report for a facility, or the submission of a written notice of intent to be covered by a standardized license, the applicant shall hold at least one meeting with the public in order to solicit questions from the community and inform the community of proposed hazardous waste management activities. The applicant shall post a sign-in sheet or otherwise provide a voluntary opportunity for attendees to provide their names and addresses.
NR 670.431(3) (3)The applicant shall submit a summary of the meeting, along with the list of attendees and their addresses developed under sub. (2), and copies of any written comments or materials submitted at the meeting, to the department as a part of the feasibility and plan of operation report, according to s. NR 670.014 (2), or with the written notice of intent to be covered by a standardized license (see subch. J).
NR 670.431(4) (4)The applicant shall provide public notice of the pre-application meeting at least 30 days prior to the meeting. The applicant shall maintain, and provide to the department upon request, documentation of the notice.
NR 670.431(4)(a) (a) The applicant shall provide public notice in all of the following forms:
NR 670.431(4)(a)1. 1. `A newspaper advertisement . ' The applicant shall publish a notice, fulfilling the requirements in par. (b), in a newspaper of general circulation in the county or equivalent jurisdiction that hosts the proposed location of the facility. In addition, the applicant shall publish the notice in newspapers of general circulation in adjacent counties or equivalent jurisdictions, where the department determines that publication is necessary to inform the affected public. The notice shall be published as a display advertisement.
NR 670.431(4)(a)2. 2. `A visible and accessible sign. ' The applicant shall post a notice on a clearly marked sign at or near the facility, fulfilling the requirements in par. (b). If the applicant places the sign on the facility property, then the sign shall be large enough to be readable from the nearest point where the public would pass by the site.
NR 670.431(4)(a)3. 3. `A broadcast media announcement . ' The applicant shall broadcast a notice, fulfilling the requirements in par. (b), at least once on at least one local radio station or television station. The applicant may employ another medium with prior approval of the department.
NR 670.431(4)(a)4. 4. `A notice to the department . ' The applicant shall send a copy of the newspaper notice to the department and to the appropriate units of local government, according to s. NR 670.410 (3) (a) 10.
NR 670.431(4)(b) (b) The notices required under par. (a) shall include all of the following:
NR 670.431(4)(b)1. 1. The date, time and location of the meeting.
NR 670.431(4)(b)2. 2. A brief description of the purpose of the meeting.
NR 670.431(4)(b)3. 3. A brief description of the facility and proposed operations, including the address or a map (e.g., a sketched or copied street map) of the facility location.
NR 670.431(4)(b)4. 4. A statement encouraging people to contact the facility at least 72 hours before the meeting if they need special access to participate in the meeting.
NR 670.431(4)(b)5. 5. The name, address and telephone number of a contact person for the applicant.
NR 670.431 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 16-007: am. (1) to (3) Register July 2017 No. 739, eff. 8-1-17.
NR 670.432 NR 670.432 Public notice requirements at the application stage.
NR 670.432(1)(1)Applicability. This section applies to all owners or operators submitting feasibility and plan of operation reports for an operating license for a hazardous waste management facility. This section does not apply to license modifications or to license applications submitted for the sole purpose of conducting long-term care activities or long-term care activities and corrective action at a facility. This section also does not apply to owners or operators submitting a written notice of intent to be covered by a standardized license (see subch. J) except for a new facility or a significant change that is also a facility expansion.
NR 670.432(2) (2)Notification at application submittal.
NR 670.432(2)(a)(a) The department shall send a notice to all persons on the facility mailing list and to appropriate units of state and local government as identified in s. NR 670.410 (3) (a) 9. to 11. that a feasibility and plan of operation report has been submitted to the department and is available for review.
NR 670.432(2)(b) (b) The notice shall be published within a reasonable period of time after the application is received by the department. The notice shall include all of the following:
NR 670.432(2)(b)1. 1. The name and telephone number of the applicant's contact person.
NR 670.432(2)(b)2. 2. The name and telephone number of the department's contact office, and a mailing address to which information, opinions and inquiries may be directed throughout the license review process.
NR 670.432(2)(b)3. 3. An address to which people can write in order to be put on the facility mailing list.
NR 670.432(2)(b)4. 4. The location where copies of the license application and any supporting documents can be viewed and copied.
NR 670.432(2)(b)5. 5. A brief description of the facility and proposed operations, including the address or a map (e.g., a sketched or copied street map) of the facility location on the front page of the notice.
NR 670.432(2)(b)6. 6. The date that the application was submitted.
NR 670.432(3) (3)Public access to application. Concurrent with the notice required under sub. (2), the department shall place the license application and any supporting documents in a location accessible to the public in the vicinity of the facility or at the department's office.
NR 670.432 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 16-007: am. (1) Register July 2017 No. 739, eff. 8-1-17; CR 19-082: am. (1), (2) (a) Register August 2020 No. 776, eff. 9-1-20.
NR 670.433 NR 670.433 Information repository.
NR 670.433(1)(1)This section applies to all feasibility and plan of operation report submittals for licenses for hazardous waste management units.
NR 670.433(2) (2)The department may assess the need, on a case-by-case basis, for an information repository. When assessing the need for an information repository, the department shall consider a variety of factors, including the level of public interest; the type of facility; the presence of an existing repository; and the proximity to the nearest copy of the administrative record. If the department determines, at any time after submittal of a license application, that there is a need for a repository, then the department shall notify the owner or operator of the facility that it shall establish and maintain an information repository. (See s. NR 670.030 (13) for similar provisions relating to the information repository during the life of a license).
NR 670.433(3) (3)The information repository shall contain all documents, reports, data and information deemed necessary by the department to fulfill the purposes for which the repository is established. The department shall have the discretion to limit the contents of the repository.
NR 670.433(4) (4)The information repository shall be located and maintained at a site chosen by the owner or operator of the facility. If the department finds the site unsuitable for the purposes and persons for which it was established, due to problems with the location, hours of availability, access or other relevant considerations, then the department shall specify a more appropriate site.
NR 670.433(5) (5)The department shall specify requirements for informing the public about the information repository. At a minimum, the department shall require the owner or operator of the facility to provide a written notice about the information repository to all individuals on the facility mailing list.
NR 670.433(6) (6)The facility owner or operator shall be responsible for maintaining and updating the repository with appropriate information throughout a time period specified by the department. The department may close the repository at the department's discretion, based on the factors in sub. (2).
NR 670.504 NR 670.504 Issuing draft standardized licenses.
NR 670.504(1)(1)The department shall review the notice of intent and supporting information submitted by the facility owner or operator.
NR 670.504(2) (2)The department shall determine whether the facility is or is not eligible to operate under a standardized license.
NR 670.504(2)(a) (a) If the facility is eligible for a standardized license, the department shall propose terms and conditions, if any, to include in a supplemental portion. If the department determines that these terms and conditions are necessary to protect human health and the environment and cannot be imposed, the department shall tentatively deny coverage under the standardized license.
NR 670.504(2)(b) (b) If the facility is not eligible for a standardized license, the department shall tentatively deny coverage under a standardized license. Cause for ineligibility may include the following:
NR 670.504(2)(b)1. 1. Failure of owner or operator to submit all the information required under s. NR 670.275.
NR 670.504(2)(b)2. 2. Information submitted that is required under s. NR 670.275 is determined to be inadequate.
NR 670.504(2)(b)3. 3. Facility does not meet the eligibility requirements (activities are outside the scope of the standardized license).
NR 670.504(2)(b)4. 4. The facility has demonstrated a history of significant non-compliance with applicable requirements.
NR 670.504(2)(b)5. 5. License conditions cannot ensure protection of human health and the environment.
NR 670.504(3) (3)The department shall prepare a draft license decision within 120 days after receiving the notice of intent and supporting documents from a facility owner or operator. The department's tentative determination under this section to deny or grant coverage under the standardized license, including any proposed site-specific conditions in a supplemental portion, constitutes a draft license decision. The department may take a one-time extension of 30 days to prepare the draft license decision. When the department intends to use the 30-day extension, it will inform the license applicant during the initial 120-day review period. Reasons for an extension may include completing review of submissions with the notice of Intent (for example, closure plans or waste analysis plans for facilities seeking to manage hazardous waste generated off-site).
NR 670.504(4) (4)In preparing the draft license decision, the department shall:
NR 670.504(4)(a) (a) Consolidate issuance of an EPA permit and department licensing according to s. NR 670.404, if applicable.
NR 670.504(4)(b) (b) Prepare a fact sheet according to s. NR 670.408, except that the timeframes for the public comment period in s. NR 670.508 shall be followed instead of s. NR 670.410.
NR 670.504(4)(c) (c) Follow the public notice of license actions and public comment period according to ss. NR 670.410 (3) (a) 9. and 10. and 670.507 to 670.509.
NR 670.504 History History: CR 16-007: cr. Register July 2017 No. 739, eff. 8-1-17.
NR 670.505 NR 670.505 Issuing final standardized licenses. The department shall consider all comments received during the public comment period (see s. NR 670.508) in making a final license decision. In preparing a final license decision, the department shall also:
NR 670.505(1) (1)Provide opportunities for public comments and hearings according to s. NR 670.508.
NR 670.505(2) (2)If applicable, hold public hearings according to s. NR 670.412.
NR 670.505 History History: CR 16-007: cr. Register July 2017 No. 739, eff. 8-1-17.
NR 670.506 NR 670.506Eligibility for standardized licenses.
NR 670.506(1)(1)Cases where the department determines that a facility is not eligible for the standardized license include the following:
NR 670.506(1)(a) (a) The facility does not meet the criteria in s. NR 670.255.
NR 670.506(1)(b) (b) The facility has a demonstrated history of significant non-compliance with regulations or license conditions.
NR 670.506(1)(c) (c) The facility has a demonstrated history of submitting incomplete or deficient license application information.
NR 670.506(1)(d) (d) The facility has submitted incomplete or inadequate materials with the notice of intent.
NR 670.506(2) (2)If the department determines that a facility is not eligible for the standardized license, the department will inform the facility owner or operator that they shall apply for an individual license.
NR 670.506(3) (3)The department may require any facility that has a standardized license to apply for and obtain an individual license. Any interested person may petition the department to take action under this section. Cases where the department may require an individual license include, but are not limited to, the following:
NR 670.506(3)(a) (a) The facility is not in compliance with the terms and conditions of the standardized license.
NR 670.506(3)(b) (b) Circumstances have changed since the time the facility owner or operator applied for the standardized license, so that the facility's hazardous waste management practices are no longer appropriately controlled under the standardized license.
NR 670.506(4) (4)The department may require any facility authorized by a standardized license to apply for an individual license only after it has notified the facility owner or operator in writing that an individual license application is required. The department shall include in this notice a brief statement of the reasons for its decision, a statement setting a deadline for the owner or operator to file the application and a statement that, on the effective date of the individual license, the facility's standardized license automatically terminates. The department may grant additional time upon request from the facility owner or operator.
NR 670.506(5) (5)When the department issues an individual license to an owner or operator otherwise subject to a standardized license, the standardized license for their facility will automatically cease to apply on the effective date of the individual license.
NR 670.506 History History: CR 16-007: cr. Register July 2017 No. 739, eff. 8-1-17.
NR 670.507 NR 670.507 Public notice requirements for standardized licenses.
NR 670.507(1)(1)The department shall provide public notice of draft standardized license decisions and also provide an opportunity for the public to submit comments and request a hearing on that decision. The department shall provide the public notice to the following:
NR 670.507(1)(a) (a) The applicant.
NR 670.507(1)(b) (b) Any other agency which has issued or is required to issue a RCRA permit for the same facility or activity (including EPA when the draft permit is prepared by the department).
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.