Chapter NR 670

NR 670.004(1) (1) Compliance with a hazardous waste license during its term constitutes compliance, for purposes of enforcement, with ch. 291, Stats., and chs. NR 660 to 673 except for the following:

NR 670.004(1)(a) (a) Those requirements not included in the license which become effective by statute.

NR 670.004(1)(b) (b) Those requirements in ch. NR 668 restricting the placement of hazardous wastes in or on the land.

NR 670.004(1)(c) (c) Those requirements in ch. NR 664 regarding leak detection systems for new and replacement surface impoundment, waste pile and landfill units, and lateral expansions of surface impoundment, waste pile and landfill units. The leak detection system requirements include double liners, CQA programs, monitoring, action leakage rates and response action plans, and will be implemented through the procedures of s. NR 670.042 Class 1 license modifications.

NR 670.004(1)(d) (d) Those requirements in subchs. AA, BB or CC of ch. NR 665 limiting air emissions.

NR 670.004(2) (2) A permit may be modified, revoked and reissued, or terminated during its term for cause as set forth in ss. NR 670.041 and 670.043, or the permit may be modified upon the request of the permittee as set forth in s. NR 670.042.

NR 670.004(3) (3) The issuance of a license does not convey any property rights of any sort, or any exclusive privilege.

NR 670.004(4) (4) The issuance of a license does not authorize any injury to persons or property or invasion of other private rights, or any infringement of state or local law or regulations.

NR 670.004 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 19-082: r. and recr. Register August 2020 No. 776, eff. 9-1-20; correction in (2) made under s. 35.17, Stats., Register August 2020 No. 776.

NR 670.005 NR 670.005 Noncompliance and program reporting by the department. The department shall prepare quarterly and annual reports as detailed below. The department shall submit any reports required under this section to the EPA region 5 administrator. For purposes of this section only, licensees shall include interim status facilities, when appropriate.

NR 670.005(1) (1) Quarterly reports. The department shall submit quarterly narrative reports for major facilities as follows:

NR 670.005(1)(a) (a) Format. The report shall list all of the following:

NR 670.005(1)(a)1. 1. Information on noncompliance for each facility.

NR 670.005(1)(a)2. 2. Alphabetize by licensee name. When 2 or more licensees have the same name, the lowest license number shall be entered first.

NR 670.005(1)(a)3. 3. For each entry on the list, include all of the following information in the following order:

NR 670.005(1)(a)3.a. a. Name, location and license number of the noncomplying licensee.

NR 670.005(1)(a)3.b. b. A brief description and date of each instance of noncompliance for that licensee. Instances of noncompliance may include one or more of the kinds set forth in par. (b). When a licensee has noncompliance of more than one kind, combine the information into a single entry for each licensee.

NR 670.005(1)(a)3.c. c. The dates and a brief description of the actions taken by the department to ensure compliance.

NR 670.005(1)(a)3.d. d. Status of the instances of noncompliance with the date of the review of the status or the date of resolution.

NR 670.005(1)(a)3.e. e. Any details which tend to explain or mitigate the instances of noncompliance.

NR 670.005(1)(b) (b) Instances of noncompliance to be reported. Any instances of noncompliance within the following categories shall be reported in successive reports until the noncompliance is reported as resolved. Once noncompliance is reported as resolved it need not appear in subsequent reports.

NR 670.005(1)(b)1. 1. ‘Failure to complete construction elements.’ When the licensee has failed to complete, by the date specified in the license, an element of a compliance schedule involving either planning for construction (for example, award of a contract, preliminary plans), or a construction step (for example, begin construction, attain operation level); and the licensee has not returned to compliance by accomplishing the required element of the schedule within 30 days from the date a compliance schedule report is due under the license.

NR 670.005(1)(b)2. 2. ‘Modifications to schedules of compliance.’ When a schedule of compliance in the license has been modified under s. NR 670.041 or 670.042 because of the licensee’s noncompliance.

NR 670.005(1)(b)3. 3. ‘Failure to complete or provide compliance schedule or monitoring reports.’ When the licensee has failed to complete or provide a report required in a license compliance schedule (for example, progress report or notice of noncompliance or compliance) or a monitoring report; and the licensee has not submitted the complete report within 30 days from the date it is due under the license for compliance schedules, or from the date specified in the license for monitoring reports.

NR 670.005(1)(b)4. 4. ‘Deficient reports.’ When the required reports provided by the licensee are so deficient as to cause misunderstanding by the department and thus impede the review of the status of compliance.

NR 670.005(1)(b)5. 5. ‘Noncompliance with other license requirements.’ Noncompliance shall be reported in any of the following circumstances:

NR 670.005(1)(b)5.a. a. Whenever the licensee has violated a license requirement (other than reported under subds. 1. or 2.), and has not returned to compliance within 45 days from the date reporting of noncompliance was due under the license.

NR 670.005(1)(b)5.b. b. When the department determines that a pattern of noncompliance exists for a major facility licensee over the most recent 4 consecutive reporting periods. This pattern includes any violation of the same requirement in 2 consecutive reporting periods, and any violation of one or more requirements in each of 4 consecutive reporting periods.

NR 670.005(1)(b)5.c. c. When the department determines significant license non-compliance or other significant event has occurred such as a fire or explosion or migration of fluids into an underground source of drinking water.

NR 670.005(1)(b)6. 6. ‘All other.’ Statistical information shall be reported quarterly on all other instances of noncompliance by major facilities with license requirements not otherwise reported under this subsection.

NR 670.005(2) (2) Annual reports.

NR 670.005(2)(a) (a) Annual noncompliance report. Statistical reports shall be submitted by the department on nonmajor licensees indicating the total number reviewed, the number of noncomplying nonmajor licensees, the number of enforcement actions, and number of license modifications extending compliance deadlines. The statistical information shall be organized to follow the types of noncompliance listed in sub. (1).

NR 670.005(2)(b) (b) In addition to the annual noncompliance report, the department shall prepare a “program report” which contains information (in a manner and form prescribed by the EPA region 5 administrator) on generators and transporters and the license status of regulated facilities. The department shall also include, on a biennial basis, summary information on the quantities and types of hazardous wastes generated, transported, treated, stored and disposed during the preceding odd-numbered year. This summary information shall be reported in a manner and form prescribed by the EPA region 5 administrator and shall be reported according to EPA characteristics and lists of hazardous wastes at ch. NR 661.

NR 670.005(3) (3) Schedule. For all quarterly reports, on the last working day of May, August, November and February, the department shall submit to the EPA region 5 administrator information concerning noncompliance with license requirements by major facilities in Wisconsin according to the following schedule.

- See PDF for table

1 Reports shall be made available to the public for inspection and copying on this date.

NR 670.005 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

subch. B of ch. NR 670 Subchapter B — License Application

NR 670.007 NR 670.007 Pre-application requirements.

NR 670.007(1) (1) A person proposing to obtain a license for an interim facility or construct a new facility or expand an existing facility shall comply with all of the following local approval and pre-application and meeting requirements:

NR 670.007(1)(a) (a) Submit a written request including the standard notice developed under s. 289.22 (2), Stats., to each affected municipality as required in s. 289.22 (1m), Stats.

NR 670.007(1)(b) (b) Apply for all applicable local approvals required by a municipality under s. 289.22 (1m), Stats., at least 120 days prior to submitting the license application to the department if subject to s. 289.33 (6), Stats. If the municipality either fails to respond within 15 days after the receipt of the written request from the applicant or indicates that there are no applicable local approval requirements, the applicant may submit the license application 135 days after receipt by the municipality of the written request from the applicant or 120 days after receipt of the response from the municipality indicating that there are no local approval requirements, whichever occurs first.

NR 670.007(1)(c) (c) Hold a public meeting and give notice as required in s. NR 670.431.

NR 670.007 Note Note: Refer to s. 289.33, Stats., to determine if local approval requirements and negotiation and arbitration requirements apply to an existing facility.

NR 670.007(2) (2) An applicant proposing to construct a hazardous waste disposal facility may submit an initial site report to the department. prior to submitting the operating license application. The purpose of an initial site report is to obtain a preliminary opinion from the department on the feasibility of the site for development as a disposal facility. A favorable opinion under this section does not guarantee a favorable determination of site feasibility. If an initial site report is submitted, it must contain the following information at a minimum:

NR 670.007(2)(a) (a) General site information. Identify the project title; name, address and phone number of the primary contacts including the proposed owner, operator and any consultants; present property owner; site location by quarter section; identification of adjacent landowners; total acreage of the property and proposed licensed acreage; proposed site life and design capacity; estimated waste types and volumes, and preliminary design configuration.

NR 670.007(2)(b) (b) Regional geotechnical information. Include a discussion of the regional setting of the proposed disposal facility. This discussion may be limited to information available from publications, although field verification may be desirable. Address the following items:

NR 670.007(2)(b)1. 1. Topography, including predominant topographic features.

NR 670.007(2)(b)2. 2. Hydrology and hydrogeology, including surface water drainage patterns and significant hydrologic features; groundwater flow direction and the identification of aquifers used for supply wells.

NR 670.007(2)(b)3. 3. Geology, including the nature and distribution of bedrock and unconsolidated deposits.

NR 670.007(2)(b)4. 4. Zoning and present land uses, with emphasis on known recreational, historic or archeological areas, and present or proposed access roads and weight restrictions.

NR 670.007(2)(c) (c) Site specific geotechnical information. Conduct field investigations to define the following:

NR 670.007(2)(c)1. 1. Install soil borings to investigate the site specific geology. Extend borings to a minimum of 25 feet below the anticipated facility sub-base grade and distribute in a grid pattern throughout the area. Conduct at least one boring per 5 acres, with a minimum of 5 borings.

NR 670.007(2)(c)2. 2. Install observation wells, in accordance with ch. NR 141 requirements, to investigate the site specific hydrogeology.

NR 670.007(2)(d) (d) Data analysis and design recommendations. Provide an analysis of the results from the regional geotechnical information, land use and groundwater investigation; give preliminary conclusions and recommendations on facility development, including a discussion of factors that may affect the development, design or operation of the proposed disposal facility.

NR 670.007 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 670.010 NR 670.010 General application requirements.

NR 670.010(1) (1) License application. Any person who is required to have a license (including new applicants and licensees with expiring 10 year operating licenses) shall complete, sign, and submit two copies of the license application to the department as described in this section and ss. NR 670.070 to 670.073. A person currently authorized with an interim license shall submit the feasibility and plan of operation report when required by the department. Procedures for applications, issuance and administration of emergency licenses are found in s. NR 670.061. Procedures for application, issuance and administration of research, development, and demonstration licenses are found in s. NR 670.065. Procedures for applications, issuance, and administration of standardized licenses are found in subchs. J and M.

NR 670.010(2) (2) Who applies? When a facility or activity is owned by one person but is operated by another person, it is the operator’s duty to obtain a license, except that the owner shall also sign the license application.

NR 670.010(3) (3) Completeness. The department may not issue an operating license before receiving a complete license application and for new facilities, before the owner or operator completes construction in compliance with the approved feasibility and plan of operation report except for emergency licenses. An application for an operating license is complete when the department receives a part A application form, the feasibility and plan of operation report, and any supplemental information which are completed to the department’s satisfaction. An application for a license is complete notwithstanding the failure of the owner or operator to submit the exposure information described in sub. (10). The department may deny a license for the active life of a hazardous waste management facility or unit before receiving a complete application for a license.

NR 670.010(4) (4) Information requirements. All applicants for licenses shall provide information set forth in s. NR 670.013 and applicable sections in ss. NR 670.014 to 670.029 to the department. Part A of the license application shall be submitted on the EPA application form 8700-023.

NR 670.010(5) (5) Existing HWM facilities and interim license qualifications.

NR 670.010(5)(a) (a) Owners and operators of existing hazardous waste management facilities or of hazardous waste management facilities in existence on the effective date of the statute or rule that first rendered the facility subject to the requirement to have a hazardous waste license shall submit part A of the license application no later than any of the following:

NR 670.010(5)(a)1. 1. The date of publication of rules which first require them to comply with the standards set forth in ch. NR 665 or 666.

NR 670.010(5)(a)2. 2. Thirty days after the date they first become subject to the standards set forth in ch. NR 665 or 666, whichever first occurs.

NR 670.010(5)(a)3. 3. For generators generating greater than 100 kilograms but less than 1000 kilograms of hazardous waste in a calendar month and treats, stores or disposes of these wastes on-site, by March 24, 1987.

NR 670.010(5)(d) (d) The owner or operator of an existing hazardous waste management facility shall submit a feasibility and plan of operation report. Any owner or operator shall be allowed at least 6 months from the date of request to submit the feasibility and plan of operation report. Any owner or operator of an existing hazardous waste management facility may voluntarily submit a feasibility and plan of operation report at any time. Notwithstanding the above, any owner or operator of an existing hazardous waste management facility shall submit a feasibility and plan of operation report according to the dates specified in s. NR 670.073. Any owner or operator of a land disposal facility in existence on the effective date of statutory or regulatory amendments under ss. NR 660 to 679 and ch. 291, Stats., that render the facility subject to the requirement to have a hazardous waste license shall submit a feasibility and plan of operation report according to the dates specified in s. NR 670.073.

NR 670.010(5)(e) (e) Failure to furnish a requested feasibility and plan of operation report on time, or to furnish in full the information required by the feasibility and plan of operation report, is grounds for revocation of an interim license under this chapter.

NR 670.010(6) (6) New HWM facilities.

NR 670.010(6)(a) (a) Except as provided in par. (c), no person may begin physical construction of a new HWM facility without having submitted the license application and having received final approval of the feasibility and plan of operation report.

NR 670.010(6)(b) (b) A license application for a new hazardous waste management facility, including both part A and a feasibility and plan of operation report may be filed any time after promulgation of those standards in subch. I of ch. NR 664 applicable to the facility. Except as provided in par. (c), all applications shall be submitted at least 180 days before physical construction is expected to commence.

NR 670.010(6)(c) (c) Notwithstanding par. (a), a person may construct a facility for the incineration of polychlorinated biphenyls pursuant to an approval issued by the EPA region 5 administrator under section (6) (e) of the Toxic Substances Control Act and any person owning or operating such a facility may, at any time after construction or operation of the facility has begun, file an application for a hazardous waste license to incinerate hazardous waste authorizing the facility to incinerate waste identified or listed under ch. NR 661.

NR 670.010(7) (7) Updating license applications.

NR 670.010(7)(a) (a) If any owner or operator of a hazardous waste management facility has filed Part A of a license application and has not yet submitted a feasibility and plan of operation report, the owner or operator shall file an amended part A application if any of the following applies:

NR 670.010(7)(a)2. 2. With the department, no later than the effective date of rules listing or designating wastes as hazardous in Wisconsin in addition to those already listed or designated, if the facility is treating, storing or disposing of any of those newly listed or designated wastes.

NR 670.010(7)(a)3. 3. As necessary to comply with s. NR 670.072 for changes to the interim license. Revised Part A applications necessary to comply with s. NR 670.072 shall be filed with the department.

NR 670.010(7)(b) (b) The owner or operator of a facility who fails to comply with the updating requirements of par. (a) does not receive an interim license as to the wastes not covered by duly filed part A applications.

NR 670.010(8) (8) Reapplication for an operating license. The owner or operator of any HWM facility with an operating license shall either re-submit a license application at least 180 days before the expiration date of the operating license, unless permission for a later date has been granted by the department, or submit a notice of intent for a standardized license as described in s. NR 670.051 (5) (a) at least 180 days before the expiration date of the operating license, unless the department allows a later date. The department may not allow a facility to submit applications or notices of intent later than the expiration date of the operating license, except as allowed by s. NR 670.051 (5) (b).

NR 670.010(9) (9) Recordkeeping. Applicants shall keep records of all data used to complete license applications and any supplemental information submitted under sub. (4), ss. NR 670.013 and 670.014 to 670.021 for a period of at least 3 years from the date the application is signed.

NR 670.010(10) (10) Exposure information.

NR 670.010(10)(a) (a) After August 8, 1985, any feasibility and plan of operation report submitted by an owner or operator of a facility that stores, treats or disposes of hazardous waste in a surface impoundment or a landfill shall include a list of all persons living within 0.5 mile of the facility and be accompanied by information, reasonably ascertainable by the owner or operator, on the potential for the public to be exposed to hazardous wastes or hazardous constituents through releases related to the unit. At a minimum, the information shall address all of the following:

NR 670.010(10)(a)1. 1. Reasonably foreseeable potential releases from both normal operations and accidents at the unit, including releases associated with transportation to or from the unit.

NR 670.010(10)(a)2. 2. The potential pathways of human exposure to hazardous wastes or constituents resulting from the releases described under subd. 1.

NR 670.010(10)(a)3. 3. The potential magnitude and nature of the human exposure resulting from the releases.

NR 670.010(11) (11) Additional Information. The department may require a licensee or an applicant to submit information in order to establish license conditions under ss. NR 670.032 (2) (b) and 670.050 (4).

NR 670.010(12) (12) Fees. The plan review or license fee specified in ch. NR 670 Appendix II shall accompany all license applications, plans, reports, and other documents submitted to the department for approval.

NR 670.010(13) (13) Additional air emission requirements. If the department concludes, based on one or more of the factors listed in par. (a), that compliance with the standards of 40 CFR part 63, subpart EEE alone may not be protective of human health or the environment, the department will require the additional information or assessments necessary to determine whether additional controls are necessary to ensure protection of human health and the environment. This includes information necessary to evaluate the potential risk to human health or the environment resulting from both direct and indirect exposure pathways. The department may also require a licensee or applicant to provide information necessary to determine whether these assessments should be required.

NR 670.010(13)(a) (a) The department will base the evaluation of whether compliance with the standards of 40 CFR part 63, subpart EEE alone is protective of human health or the environment on factors relevant to the potential risk from a hazardous waste combustion unit, including, as appropriate, any of the following factors:

NR 670.010(13)(a)1. 1. Particular site-specific considerations such as proximity to receptors (such as schools, hospitals, nursing homes, day care centers, parks, community activity centers, or other potentially sensitive receptors), unique dispersion patterns, and other relevant factors.