Chapter NR 670

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.

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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.

NR 670.010(13)(a)2. 2. Identities and quantities of emissions of persistent, bioaccumulative, or toxic pollutants considering enforceable controls in place to limit those pollutants.

NR 670.010(13)(a)3. 3. Identities and quantities of non-dioxin products of incomplete combustion most likely to be emitted and to pose significant risk based on known toxicities (confirmation of which should be made through emissions testing).

NR 670.010(13)(a)4. 4. Identities and quantities of other off-site sources of pollutants in proximity of the facility that significantly influence interpretation of a facility-specific risk assessment.

NR 670.010(13)(a)5. 5. Presence of significant ecological considerations, such as the proximity of a particularly sensitive ecological area.

NR 670.010(13)(a)6. 6. Volume and types of wastes, for example wastes containing highly toxic constituents.

NR 670.010(13)(a)7. 7. Other on-site sources of hazardous air pollutants that significantly influence interpretation of the risk posed by the operation of the source in question.

NR 670.010(13)(a)8. 8. Adequacy of any previously conducted risk assessment, given any subsequent changes in conditions likely to affect risk.

NR 670.010(13)(a)9. 9. Other factors as may be appropriate.

NR 670.010 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; correction in (12) made under s. 13.92 (4) (b) 7., Stats., Register March 2013 No. 687; CR 16-007: am. (1), (8), cr. (13) Register July 2017 No. 739, eff. 8-1-17.

NR 670.011 NR 670.011 Signatories to license applications and reports.

NR 670.011(1) (1) Applications. All license applications shall be signed as follows:

NR 670.011(1)(a) (a) For a corporation, by a responsible corporate officer. For the purpose of this section, a responsible corporate officer means:

NR 670.011(1)(a)1. 1. A president, secretary, treasurer or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decisionmaking functions for the corporation.

NR 670.011(1)(a)2. 2. The manager of one or more manufacturing, production or operating facilities employing more than 250 persons or having gross annual sales or expenditures exceeding $25 million (in second-quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager according to corporate procedures.

NR 670.011 Note Note: The department does not require specific assignments or delegations of authority to responsible corporate officers identified in subd. 1. The department will presume that these responsible corporate officers have the requisite authority to sign license applications unless the corporation has notified the department to the contrary. Corporate procedures governing authority to sign license applications may provide for assignment or delegation to applicable corporate positions under subd. 2. rather than to specific individuals.

NR 670.011(1)(b) (b) For a partnership or sole proprietorship, by a general partner or the proprietor, respectively.

NR 670.011(1)(c) (c) For a municipality, state, federal or other public agency, by either a principal executive officer or ranking elected official. For purposes of this section, a principal executive officer of a federal agency includes any of the following:

NR 670.011(1)(c)1. 1. The chief executive officer of the agency.

NR 670.011(1)(c)2. 2. A senior executive officer having responsibility for the overall operations of a principal geographic unit of the agency (e.g., regional administrators of EPA).

NR 670.011(2) (2) Reports. All reports required by licenses and other information requested by the department shall be signed by a person described in sub. (1), or by a duly authorized representative of that person. A person is a duly authorized representative only if all of the following are met:

NR 670.011(2)(a) (a) The authorization is made in writing by a person described in sub. (1).

NR 670.011(2)(b) (b) The authorization specifies either an individual or a position having responsibility for overall operation of the regulated facility or activity such as the position of plant manager, operator of a well or a well field, superintendent or position of equivalent responsibility. A duly authorized representative may thus be either a named individual or any individual occupying a named position.

NR 670.011(2)(c) (c) The written authorization is submitted to the department.

NR 670.011(3) (3) Changes to authorization. If an authorization under sub. (2) is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying sub. (2) shall be submitted to the department prior to or together with any reports, information or applications to be signed by an authorized representative.

NR 670.011(4) (4) 

NR 670.011(4)(a) (a) Any person signing a document under sub. (1) or (2) shall make the following certification:

I certify under penalty of law that this document and all attachments were prepared under my direction or supervision according to a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.

NR 670.011 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 670.012 NR 670.012 Confidentiality of information.

NR 670.012(1) (1) According to s. NR 660.02, any information submitted to the department pursuant to chs. NR 660 to 670 may be claimed as confidential by the submitter. Any claim shall be asserted at the time of submission in the manner prescribed on the application form or instructions or, in the case of other submissions, by stamping the words “confidential business information” on each page containing the information. If no claim is made at the time of submission, the department may make the information available to the public without further notice. If a claim is asserted, the information will be treated according to the procedures in s. NR 660.02.

NR 670.012(2) (2) Claims of confidentiality for the name and address of any license applicant or licensee will be denied.

NR 670.012 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 670.013 NR 670.013 Contents of part A of the license application. Part A of the license application shall include all of the following information: