Chapter NR 670

NR 670.001(3)(e)2. 2. If the owner or operator has not submitted a feasibility and plan of operation report for a long-term care license, the owner or operator may petition the department for a determination that a long-term care license is not required because the closure met the applicable ch. NR 664 closure standards.

NR 670.001(3)(e)2.a. a. The petition shall include data demonstrating that closure by removal or decontamination standards were met, or it shall demonstrate that the unit closed under state requirements that met or exceeded the applicable ch. NR 664 closure-by-removal standard.

NR 670.001(3)(e)2.b. b. The department shall approve or deny the petition according to the procedures outlined in par. (f).

NR 670.001(3)(f) (f) Procedures for closure equivalency determination.

NR 670.001(3)(f)1. 1. If a facility owner or operator seeks an equivalency demonstration under par. (e), the department will provide the public, through a newspaper notice, the opportunity to submit written comments on the information submitted by the owner or operator within 30 days from the date of the notice. The department may also, in response to a request or at the department’s own discretion, hold a public hearing whenever a hearing might clarify one or more issues concerning the equivalence of the ch. NR 665 closure to a ch. NR 664 closure. The department will give public notice of the hearing at least 30 days before it occurs. Public notice of the hearing may be given at the same time as notice of the opportunity for the public to submit written comments, and the 2 notices may be combined. 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 670.001(3)(f)2. 2. The department will determine whether the ch. NR 665 closure met ch. NR 664 closure by removal or decontamination requirements within 90 days of the receipt of the request under subd. 1. If the department finds that the closure did not meet the applicable ch. NR 664 standards, the department will provide the owner or operator with a written statement of the reasons why the closure failed to meet ch. NR 664 standards. The owner or operator may submit additional information in support of an equivalency demonstration within 30 days after receiving a written statement. The department will review any additional information submitted and make a final determination within 60 days.

NR 670.001(3)(f)3. 3. If the department determines that the facility did not close according to ch. NR 664 closure by removal standards, the facility is subject to long-term care licensing requirements.

NR 670.001(3)(g) (g) Enforceable documents for long-term care. At the discretion of the department or Regional Administrator, an owner or operator may obtain, in lieu of long-term care license, an enforceable document imposing requirements of s. NR 665.0121. “Enforceable document” may include a special order, variance, license, or plan approval issued by the department or EPA. 

NR 670.001 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 16-007: renum. (2) to (2) (intro.) and am., cr. (2) (a), (b), am. (3) (b) 8. c. Register July 2017 No. 739, eff. 8-1-17; CR 19-082: cr. (1) (c), am. (3) (intro.), (b) 1., 3., 11., cr. (3) (b) 24., am. (3) (g) Register August 2020 No. 776, eff. 9-1-20; correction in (3) (intro.) made under s. 35.17, Stats., Register August 2020 No. 776; correction in (3) (b) 3. made under s. 13.92 (4) (b) 7., Stats., Register April 2021 No. 784.

NR 670.002 NR 670.002 Definitions. The following definitions apply to this chapter:

NR 670.002(1) (1) “Closure” means the act of securing a hazardous waste management facility pursuant to ch. NR 664 and in compliance with the operating license or approved closure plan under s. 291.29, Stats.

NR 670.002(2) (2) “Component” means any constituent part of a unit or any group of constituent parts of a unit which are assembled to perform a specific function (e.g., a pump seal, pump, kiln liner, kiln thermocouple).

NR 670.002(3) (3) “Corrective Action Management Unit” or “CAMU” means an area within a facility that is designated by the department under subch. S of ch. NR 664, for the purpose of implementing corrective action requirements s. NR 664.0101 and s. 291.37, Stats, or 42 USC 6928 (h). A CAMU shall only be used for the management of remediation wastes pursuant to implementing corrective action requirements at the facility.

NR 670.002(4) (4) “Emergency license” means an operating license issued according to s. NR 670.061.

NR 670.002(5) (5) “Facility mailing list” means the mailing list for a facility maintained by the department according to s. NR 670.410 (3) (a) 9.

NR 670.002(6) (6) “Facility” or “activity” means any HWM facility or any other facility or activity (including land or appurtenances thereto) that is regulated under ch. 291, Stats., and chs. NR 660 to 673.

NR 670.002(7) (7) “Feasibility and plan of operation report” means a report required by the department under s. 289.30 (3), Stats., that includes a description of the facility and operation in terms of land use, topography, soils, geology, groundwater, surface water, design, construction, operation, maintenance, closure and long-term care.

NR 670.002(8) (8) “Federal, state and local approvals, permits or licenses necessary to begin physical construction” means permits, licenses and approvals required under federal, state or local hazardous waste control statutes, regulations or ordinances.

NR 670.002(9) (9) “Final authorization” means approval by EPA of a State program which has met section 3006(b) of RCRA and the applicable requirements of 40 CFR part 271, subpart A.

NR 670.002(10) (10) “Functionally equivalent component” means a component which performs the same function or measurement and which meets or exceeds the performance specifications of another component.

NR 670.002(11) (11) “Hazardous waste management facility” or “HWM facility” means all contiguous land, and structures, other appurtenances, and improvements on the land, used for treating, storing or disposing of hazardous waste. A facility may consist of several treatment, storage or disposal operational units (for example, one or more landfills, surface impoundments or combinations of them).

NR 670.002(12) (12) “Interim authorization” means approval by EPA of a state hazardous waste program which has met the requirements of section 3006(g)(2) of RCRA and applicable requirements of 40 CFR part 271, subpart B.

NR 670.002(13) (13) “Interim license” means a license that grants the licensee permission to operate an existing hazardous waste treatment, storage or disposal facility in compliance with its terms or conditions and the requirements of ch. NR 665.

NR 670.002(14) (14) “License” means an approval issued by the department under this chapter that grants the licensee permission to operate a hazardous waste treatment, storage or disposal facility. “License” includes an operating license, interim license, emergency license, and standardized license.

NR 670.002(15) (15) “License application” means the EPA Part A form and the feasibility and plan of operation report for applying for an operating license, including any additions, revisions or modifications to the form or report. The specific requirements for the Part A application are in s. NR 670.013. The specific requirements for the feasibility and plan of operation report are in ss. NR 670.014 to 670.029.

NR 670.002(16) (16) “Major facility” means any facility or activity classified as such by the EPA region 5 administrator in conjunction with the department.

NR 670.002(17) (17) “Operating license” means an annual license that incorporates a feasibility and plan of operation report approval and grants the licensee permission to operate a hazardous waste treatment, storage or disposal facility in compliance with that approval, chs. NR 660 to 679 and ch. 291, Stats.

NR 670.002(18) (18) “Owner or operator” means the owner or operator of any facility or activity regulated under ch. 291, Stats., and chs. NR 660 to 673.

NR 670.002(19) (19) “Permit” means an authorization, license, or equivalent control document issued by EPA or an approved State to implement the requirements of 40 CFR parts 270, 271, and 124. Permit includes permit by rule (40 CFR 270.60), emergency permit (40 CFR 270.61) and standardized permit (40 CFR part 270 subpart J). Permit does not include RCRA interim status (40 CFR part 270 subpart G), or any permit which has not yet been the subject of final action by EPA, such as a draft permit or a proposed permit.

NR 670.002(20) (20) “Physical construction” means excavation, movement of earth, erection of forms or structures, or similar activity to prepare an HWM facility to accept hazardous waste.

NR 670.002(21) (21) “RCRA” means the Solid Waste Disposal Act as amended by the Resource Conservation and Recovery Act of 1976 (Pub. L. 94-580, as amended by Pub. L. 95-609 and Pub. L. 96-482, 42 USC 6901 et seq.).

NR 670.002(22) (22) “Schedule of compliance” means a schedule of remedial measures included in a license, including an enforceable sequence of interim requirements (for example, actions, operations or milestone events) leading to compliance with ch. 291, Stats., and chs. NR 660 to 673.

NR 670.002(23) (23) “Site” means the land or water area where any facility or activity is physically located or conducted, including adjacent land used in connection with the facility or activity.

NR 670.002(23m) (23m) “Standardized license” means a license issued by the department under ch. NR 670 authorizing the facility owner or operator to manage hazardous waste. The standardized license may have 2 parts: a uniform portion issued in all cases and a supplemental portion issued at the department’s discretion.

NR 670.002(24) (24) “UIC” means the underground injection control program under 42 USC 300h, including an approved program.

NR 670.002(25) (25) “Underground source of drinking water” means an aquifer or its portion which supplies any public water system or contains a sufficient quantity of groundwater to supply a public water system and either of the following:

NR 670.002(25)(a) (a) Currently supplies drinking water for human consumption.

NR 670.002(25)(b) (b) Contains fewer than 10,000 mg/L total dissolved solids.

NR 670.002(26) (26) Wisconsin pollutant discharge elimination system (WPDES) means the permit issued by the department under ch. 283, Stats., for the discharge of pollutants.

NR 670.002 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 16-007: am. (14), (19), cr. (23m) Register July 2017 No. 739, eff. 8-1-17; CR 19-082: am. (3) Register August 2020 No. 776, eff. 9-1-20.

NR 670.004 NR 670.004 Effect of a license.

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.

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.