Chapter NR 670

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 670.506 Eligibility 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).

NR 670.507(1)(c) (c) Federal and state agencies with jurisdiction over fish, shellfish, and wildlife resources and over coastal zone management plans, the Advisory Council on Historic Preservation, State Historic Preservation Officers, including any affected States.

NR 670.507(1)(d) (d) To everyone on the facility mailing list developed according to the requirements in s. NR 670.410 (3) (a) 9.

NR 670.507(1)(e) (e) To any units of local government having jurisdiction over the area where the facility is proposed to be located and to each state agency having any authority under state law with respect to the construction or operation of the facility.

NR 670.507(2) (2) The department shall issue the public notice according to the following methods:

NR 670.507(2)(a) (a) Publication in a daily or weekly major local newspaper of general circulation and broadcast over local radio stations.

NR 670.507(2)(b) (b) In a manner constituting legal notice to the public under State law.

NR 670.507(2)(c) (c) Any other method reasonably calculated to give actual notice of the draft license decision to the persons potentially affected by it, including press releases or any other forum or medium to elicit public participation.

NR 670.507(3) (3) The department shall include the following information in the public notice:

NR 670.507(3)(a) (a) The name and telephone number of the contact person at the facility.

NR 670.507(3)(b) (b) The name and telephone number of the department contact office and a mailing address to which people may direct comments, information, opinions, or inquiries.

NR 670.507(3)(c) (c) An address to which people may write to be put on the facility mailing list.

NR 670.507(3)(d) (d) The location where people may view and make copies of the draft standardized license and the notice of intent and supporting documents.

NR 670.507(3)(e) (e) A brief description of the facility and proposed operations, including the address or a map (for example, a sketched or copied street map) of the facility location on the front page of the notice.

NR 670.507(3)(f) (f) The date that the facility owner or operator submitted the notice of intent and supporting documents.

NR 670.507(4) (4) At the same time that the department issues the public notice under this section, it shall place the draft standardized license (including both the uniform portion and the supplemental portion, if any), the notice of intent and supporting documents and the statement of basis or fact sheet in a location accessible to the public in the vicinity of the facility or at the department’s office.

NR 670.507 History History: CR 16-007: cr. Register July 2017 No. 739, eff. 8-1-17.

NR 670.508 NR 670.508 Public comments and requests for hearings on draft standardized licenses.

NR 670.508(1) (1) The public notice issued by the department under s. NR 670.507 shall allow at least 45 days for people to submit written comments on the draft license decision. This time is referred to as the public comment period. The department shall automatically extend the public comment period to the close of any public hearing under this section. The hearing officer may also extend the comment period by so stating at the hearing.

NR 670.508(2) (2) During the public comment period, any interested person may submit written comments on the draft license and may request a public hearing. If someone wants to request a public hearing, they shall submit their request in writing to you. Their request shall state the nature of the issues they propose to raise during the hearing.

NR 670.508(3) (3) The department shall hold a public hearing whenever it receives a written notice of opposition to a standardized license and a request for a hearing within the public comment period under sub. (1). The department may also hold a public hearing at its discretion, whenever, for instance, such a hearing might clarify one or more issues involved in the license decision.

NR 670.508(4) (4) Whenever possible, the department shall schedule a hearing under this section at a location convenient to the nearest population center to the facility. The department shall give public notice of the hearing at least 30 days before the date set for the hearing. The department may give the public notice of the hearing at the same time it provides public notice of the draft license, and may combine the two notices.

NR 670.508(5) (5) The department shall give public notice of the hearing according to the methods in s. NR 670.507 (1) and (2). The hearing shall be conducted according to the procedures in s. NR 670.412.

NR 670.508(6) (6) In their written comments and during the public hearing, if held, interested parties may provide comments on the draft license decision. These comments may include, but are not limited to, the facility’s eligibility for the standardized license, the tentative supplemental conditions the department proposed and the need for additional supplemental conditions.

NR 670.508 History History: CR 16-007: cr. Register July 2017 No. 739, eff. 8-1-17.

NR 670.509 NR 670.509 Response to comments on standardized licenses.

NR 670.509(1) (1) At the time the department issues a final standardized license, it shall also respond to comments received during the public comment period on the draft license. The department’s response shall:

NR 670.509(1)(a) (a) Specify which additional conditions (for instance, those in the supplemental portion), if any, the department changed in the final license, and the reasons for the change.

NR 670.509(1)(b) (b) Briefly describe and respond to all significant comments on the facility’s ability to meet the general requirements (for instance, those terms and conditions in the uniform portion) and on any additional conditions necessary to protect human health and the environment raised during the public comment period or during the hearing.

NR 670.509(1)(c) (c) Make the comments and responses accessible to the public.

NR 670.509(2) (2) The department may request additional information from the facility owner or operator or inspect the facility if it needs additional information to adequately respond to significant comments or to make decisions about conditions it may need to add to the supplemental portion of the standardized license.

NR 670.509 History History: CR 16-007: cr. Register July 2017 No. 739, eff. 8-1-17.

NR 670.510 NR 670.510 Public appeals of final standardized licenses. An interested party may petition for administrative review of the department’s final license decision, including a decision that the facility is eligible for the standardized license, according to the procedures of s. 227.42, Stats. However, the terms and conditions of the uniform portion of the standardized license are not subject to administrative review under this provision.

NR 670.510 History History: CR 16-007: cr. Register July 2017 No. 739, eff. 8-1-17.