Chapter NR 670

NR 670.030(9)(d) (d) Monitor or sample, in compliance with s. 291.91 (2), Stats., any substances or parameters at any location where a regulated facility or activity is located or conducted.

NR 670.030(10) (10) Monitoring and records.

NR 670.030(10)(a) (a) Samples and measurements taken for the purpose of monitoring shall be representative of the monitored activity.

NR 670.030(10)(b) (b) The licensee shall retain records of all monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, copies of all reports required by this license, the certification required by s. NR 664.0073 (2) (i), and records of all data used to complete the application for this license, for a period of at least 3 years from the date of the sample, measurement, report, certification or application. This period may be extended by request of the department at any time. The licensee shall maintain records from all groundwater monitoring wells and associated groundwater surface elevations, for the active life of the facility, and for disposal facilities for the long-term care period as well.

NR 670.030(10)(c) (c) Records for monitoring information shall include all of the following:

NR 670.030(10)(c)1. 1. The date, exact place and time of sampling or measurements.

NR 670.030(10)(c)2. 2. The individuals who performed the sampling or measurements.

NR 670.030(10)(c)3. 3. The dates analyses were performed.

NR 670.030(10)(c)4. 4. The individuals who performed the analyses.

NR 670.030(10)(c)5. 5. The analytical techniques or methods used.

NR 670.030(10)(c)6. 6. The results of these analyses.

NR 670.030(11) (11) Signatory requirements. All applications, reports or information submitted to the department shall be signed and certified (see s. NR 670.011).

NR 670.030(12) (12) Reporting requirements.

NR 670.030(12)(a) (a) Planned changes. The owner or operator shall give notice to the department as soon as possible of any planned physical alterations or additions to the licensed facility.

NR 670.030(12)(b) (b) Anticipated noncompliance. The owner or operator shall give advance notice to the department of any planned changes in the licensed facility or activity which may result in noncompliance with license requirements. For a new facility, the owner or operator may not treat, store or dispose of hazardous waste; and for a facility being modified, the owner or operator may not treat, store or dispose of hazardous waste in the modified portion of the facility except as provided in s. NR 670.042, until the owner or operator has submitted to the department by certified mail or hand delivery a letter signed by the owner or operator and a registered professional engineer stating that the facility has been constructed or modified in compliance with the approved feasibility and plan of operation report and one of the following:

NR 670.030(12)(b)1. 1. The department has inspected the modified or newly constructed facility and finds it is in compliance with the conditions of the approved feasibility and plan of operation report.

NR 670.030(12)(b)2. 2. Within 15 days of the date of submission of the letter in this paragraph, the owner or operator has not received notice from the department of the department’s intent to inspect, prior inspection is waived and the department shall proceed with issuing the operating license.

NR 670.030(12)(c) (c) Transfers. This license is not transferable to any person except after notice to the department. The department may require modification or revocation and reissuance of the license to change the name of the licensee and incorporate other requirements as may be necessary under s. 289.61, Stats., and s. NR 670.040.

NR 670.030(12)(d) (d) Monitoring reports. Monitoring results shall be reported at the intervals specified elsewhere in this license.

NR 670.030(12)(e) (e) Compliance schedules. Reports of compliance or noncompliance with, or any progress reports on, interim and final requirements contained in any compliance schedule of this license shall be submitted no later than 14 days following each schedule date.

NR 670.030(12)(f) (f) Twenty four hour reporting.

NR 670.030(12)(f)1. 1. The licensee shall orally report any noncompliance which may endanger health or the environment within 24 hours from the time the licensee becomes aware of the circumstances, including all of the following:

NR 670.030(12)(f)1.a. a. Information concerning release of any hazardous waste that may cause an endangerment to public drinking water supplies.

NR 670.030(12)(f)1.b. b. Any information of a release or discharge of hazardous waste or of a fire or explosion from the HWM facility, which could threaten the environment or human health outside the facility.

NR 670.030(12)(f)2. 2. The description of the occurrence and its cause shall include all of the following:

NR 670.030(12)(f)2.a. a. Name, address and telephone number of the owner or operator.

NR 670.030(12)(f)2.b. b. Name, address and telephone number of the facility.

NR 670.030(12)(f)2.c. c. Date, time and type of incident.

NR 670.030(12)(f)2.d. d. Name and quantity of materials involved.

NR 670.030(12)(f)2.e. e. The extent of injuries, if any.

NR 670.030(12)(f)2.f. f. An assessment of actual or potential hazards to the environment and human health outside the facility, where this is applicable.

NR 670.030(12)(f)2.g. g. Estimated quantity and disposition of recovered material that resulted from the incident.

NR 670.030(12)(f)3. 3. A written submission shall also be provided to the department within 5 days of the time the licensee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance and its cause; the period of noncompliance including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate and prevent reoccurrence of the noncompliance. The department may waive the 5 day written notice requirement in favor of a written report within 15 days.

NR 670.030 Note Note: A person responsible for the discharge of a hazardous substance must comply with the applicable requirements of s. 292.11, Stats. and ch. NR 706 which includes giving notice to division of emergency management at [phone].

NR 670.030(12)(g) (g) Manifest discrepancy report. If a significant discrepancy in a manifest is discovered, the licensee shall attempt to reconcile the discrepancy. If not resolved within 15 days, the licensee shall submit a letter report, including a copy of the manifest, to the department (see s. NR 664.0072).

NR 670.030(12)(h) (h) Unmanifested waste report. An unmanifested waste report shall be submitted to the department within 15 days of receipt of unmanifested waste (see s. NR 664.0076).

NR 670.030(12)(i) (i) Annual report. An annual report shall be submitted covering facility activities during each calendar year (see s. NR 664.0075).

NR 670.030(12)(j) (j) Other noncompliance. The licensee shall report all instances of noncompliance not reported under pars. (d), (e) and (f), at the time monitoring reports are submitted. The reports shall contain the information listed in par. (f).

NR 670.030(12)(k) (k) Other information. Where the licensee becomes aware that it failed to submit any relevant facts in the license application, or submitted incorrect information in the license application or in any report to the department, it shall promptly submit the facts or information.

NR 670.030(13) (13) Information repository. The department may require the licensee to establish and maintain an information repository at any time, based on the factors set forth in s. NR 670.433 (2). The information repository will be governed by the provisions in s. NR 670.433 (3) to (6).

NR 670.030 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; correction in (12) (c) made under s. 13.92 (4) (b) 7., Stats., Register March 2013 No. 687.

NR 670.031 NR 670.031 Requirements for recording and reporting of monitoring results. All licenses shall specify the following:

NR 670.031(1) (1) Requirements concerning the proper use, maintenance and installation, when appropriate, of monitoring equipment or methods (including biological monitoring methods when appropriate).

NR 670.031(2) (2) Required monitoring including type, intervals and frequency sufficient to yield data which are representative of the monitored activity including, when appropriate, continuous monitoring.

NR 670.031(3) (3) Applicable reporting requirements based upon the impact of the regulated activity and as specified in chs. NR 664 and 666.

NR 670.031 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 670.032 NR 670.032 Establishing license conditions.

NR 670.032(1) (1) In addition to conditions required in all licenses (s. NR 670.030), the department shall establish conditions, as required on a case-by-case basis, in licenses under s. NR 670.050 (duration of licenses), s. NR 670.033 (1) (schedules of compliance) and s. NR 670.031 (monitoring).

NR 670.032(2) (2) 

NR 670.032(2)(a) (a) Each license shall include conditions necessary to achieve compliance with ch. 291, Stats., and chs. NR 660 to 673, including each of the applicable requirements specified in chs. NR 664, 666 and 668. In satisfying this provision, the department may incorporate applicable requirements of chs. NR 664, 666 and 668 directly into the license or establish other license conditions that are based on these chapters.

NR 670.032(2)(b) (b) Each license issued under s. 291.25, Stats., shall contain terms and conditions as the department determines necessary to protect human health and the environment.

NR 670.032(2)(c) (c) If, as the result of an assessment or assessments or other information, the department determines that conditions are necessary in addition to those required under 40 CFR parts 63, subpart EEE, or ch. NR 664 or 666 to ensure protection of human health and the environment, the department shall include those terms and conditions in a facility license for a hazardous waste combustion unit.

NR 670.032(3) (3) An applicable requirement is a statutory or regulatory requirement which takes effect prior to final administrative disposition of a license. An applicable requirement is also any requirement which takes effect prior to the modification or revocation and reissuance of a license, to the extent allowed in s. NR 670.041.

NR 670.032(4) (4) New or reissued licenses, and to the extent allowed under s. NR 670.041, modified or revoked and reissued licenses, shall incorporate each of the applicable requirements referenced in this section and in s. NR 670.031.

NR 670.032 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 16-007: cr. (2) (c) Register July 2017 No. 739, eff. 8-1-17.

NR 670.033 NR 670.033 Schedules of compliance.

NR 670.033(1) (1) Schedules of compliance. The license may, when appropriate, specify a schedule of compliance leading to compliance with ch. 291, Stats., and chs. NR 660 to 673.

NR 670.033(1)(a) (a) Time for compliance. Any schedules of compliance under this section shall require compliance as soon as possible.

NR 670.033(1)(b) (b) Interim dates. Except as provided in subd. 2., if a license establishes a schedule of compliance which exceeds one year from the date of license issuance, the schedule shall set forth interim requirements and the dates for their achievement.

NR 670.033(1)(b)1. 1. The time between interim dates may not exceed one year.

NR 670.033(1)(b)2. 2. If the time necessary for completion of any interim requirement is more than one year and is not readily divisible into stages for completion, the license shall specify interim dates for the submission of reports of progress toward completion of the interim requirements and indicate a projected completion date.

NR 670.033(1)(c) (c) Reporting. The license shall be written to require that no later than 14 days following each interim date and the final date of compliance, the licensee shall notify the department in writing, of its compliance or noncompliance with the interim or final requirements.

NR 670.033(2) (2) Alternative schedules of compliance. A license applicant or licensee may cease conducting regulated activities (by receiving a terminal volume of hazardous waste and, for treatment and storage HWM facilities, closing pursuant to applicable requirements; and, for disposal HWM facilities, closing and conducting long-term care pursuant to applicable requirements) rather than continue to operate and meet license requirements as follows:

NR 670.033(2)(a) (a) If the licensee decides to cease conducting regulated activities at a given time within the term of a license which has already been issued:

NR 670.033(2)(a)1. 1. The license may be modified to contain a new or additional schedule leading to timely cessation of activities, or

NR 670.033(2)(a)2. 2. The licensee shall cease conducting licensed activities before noncompliance with any interim or final compliance schedule requirement already specified in the license.

NR 670.033(2)(b) (b) If the decision to cease conducting regulated activities is made before issuance of a license whose term will include the revocation date, the license shall contain a schedule leading to revocation which will ensure timely compliance with applicable requirements.

NR 670.033(2)(c) (c) If the licensee is undecided whether to cease conducting regulated activities, the department may issue or modify a license to contain 2 schedules as follows:

NR 670.033(2)(c)1. 1. Both schedules shall contain an identical interim deadline requiring a final decision on whether to cease conducting regulated activities no later than a date which ensures sufficient time to comply with applicable requirements in a timely manner if the decision is to continue conducting regulated activities.

NR 670.033(2)(c)2. 2. One schedule shall lead to timely compliance with applicable requirements.

NR 670.033(2)(c)3. 3. The second schedule shall lead to cessation of regulated activities by a date which will ensure timely compliance with applicable requirements.

NR 670.033(2)(c)4. 4. Each license containing 2 schedules shall include a requirement that after the licensee has made a final decision under subd. 1. it shall follow the schedule leading to compliance if the decision is to continue conducting regulated activities, and follow the schedule leading to revocation if the decision is to cease conducting regulated activities.

NR 670.033(2)(d) (d) The applicant’s or licensee’s decision to cease conducting regulated activities shall be evidenced by a firm public commitment satisfactory to the department, such as resolution of the board of directors of a corporation.

NR 670.033 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

subch. D of ch. NR 670 Subchapter D — Changes to Licenses

NR 670.040 NR 670.040 Transfer of licenses.

NR 670.040(1) (1) A license may be transferred by the licensee to a new owner or operator only if the license has been modified or revoked and reissued (under s. NR 670.040 (2) or 670.041 (2) (b)) to identify the new licensee and incorporate other requirements as may be necessary under s. 289.46, Stats., and chs. NR 660 to 673.

NR 670.040(2) (2) Changes in the ownership or operational control of a facility may be made as a Class 1 modification with prior written approval of the department according to s. NR 670.042 or as a routine change with prior approval under s. NR 670.320. The new owner or operator shall submit a revised license application no later than 90 days prior to the scheduled change. A written agreement containing a specific date for transfer of license responsibility between the current and new licensees shall also be submitted to the department. When a transfer of ownership or operational control occurs, the old owner or operator shall comply with subch. H of ch. NR 664 (Financial Requirements) until notified by the department that the new owner or operator has demonstrated that the owner or operator is complying with that subchapter. The new owner or operator shall demonstrate compliance with subch. H of ch. NR 664 requirements within 6 months of the date of the change of ownership or operational control of the facility. Upon demonstration to the department by the new owner or operator of compliance with subch. H of ch. NR 664, the department shall notify the old owner or operator that the owner or operator no longer needs to comply with subch. H of ch. NR 664 as of the date of demonstration.

NR 670.040 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 16-07: am. (2) Register July 2017 No. 739, eff. 8-1-17; correction in (2) made under s. 13.92 (4) (b) 7., Stats., Register July 2017 No. 739.

NR 670.041 NR 670.041 Modification or revocation and reissuance of licenses. When the department receives any information (for example, inspects the facility, receives information submitted by the licensee as required in the license (see s. NR 670.030), receives a request for revocation and reissuance under s. NR 670.405 or conducts a review of the license file), the department may determine whether one or more of the causes listed in subs. (1) and (2) for modification, or revocation and reissuance or both exist. If cause exists, the department may modify or revoke and reissue the license accordingly, subject to the limitations of sub. (3), and may request an updated application if necessary. When a license is modified, only the conditions subject to modification are reopened. If a license is revoked and reissued, the entire license is reopened and subject to revision and the license is reissued for a new term. (See s. NR 670.405 (3) (b).) If cause does not exist under this section or s. 289.30 (8), Stats., the department may not modify or revoke and reissue the license, except on request of the licensee. If a license modification is requested by the licensee, the department shall approve or deny the request according to the procedures of s. NR 670.042 or 670.320. Otherwise, a preliminary determination of the feasibility and plan of operation report shall be prepared and other procedures in ss. NR 670.401 to 670.433 followed.

NR 670.041(1) (1) Causes for modification. The following are causes for modification, but not revocation and reissuance, of licenses; the following may be causes for revocation and reissuance, as well as modification, when the licensee requests or agrees.

NR 670.041(1)(a) (a) Alterations. There are material and substantial alterations or additions to the licensed facility or activity which occurred after license issuance which justify the application of license conditions that are different or absent in the existing license.

NR 670.041(1)(b) (b) Information. The department has received information. Licenses may be modified during their terms for this cause only if the information was not available at the time of license issuance (other than revised rules, guidance or test methods) and would have justified the application of different license conditions at the time of issuance.

NR 670.041(1)(c) (c) New statutory requirements or rules. The standards or rules on which the license was based have been changed by statute, through promulgation of new or amended standards or rules, or by judicial decision after the license was issued.

NR 670.041(1)(d) (d) Compliance schedules. The department determines good cause exists for modification of a compliance schedule, such as an act of God, strike, flood or materials shortage or other events over which the licensee has little or no control and for which there is no reasonably available remedy.

NR 670.041(1)(e) (e) Notwithstanding any other provision in this section, when a license for a land disposal facility is reviewed by the department under s. NR 670.050 (4), the department shall modify the license as necessary to assure that the facility continues to comply with the currently applicable requirements in chs. NR 660 to 666 and 670.

NR 670.041(2) (2) Causes for modification or revocation and reissuance. All of the following are causes to modify or, alternatively, revoke and reissue a license:

NR 670.041(2)(a) (a) Cause exists for revocation under s. NR 670.043, and the department determines that modification or revocation and reissuance is appropriate.

NR 670.041(2)(b) (b) The department has received notification (as required in the license, see s. NR 670.030 (12) (c)) of a proposed transfer of the license.