Chapter NR 670

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.

NR 670.041(2)(c) (c) The department has received notification under s. NR 670.270 (2) of a facility owner or operator’s intent to be covered by a standardized license.

NR 670.041(3) (3) Facility siting. Suitability of the facility location will not be considered at the time of license modification or revocation and reissuance unless new information or standards indicate that a threat to human health or the environmental exists which was unknown at the time of license issuance.

NR 670.041 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 16-007: am. (intro.), cr. (2) (c) Register July 2017 No. 739, eff. 8-1-17; correction in (intro.) made under s. 35.17, Stats., Register July 2017 No. 739.

NR 670.042 NR 670.042 License modification at the request of the licensee.

NR 670.042(1) (1) Class 1 modifications.

NR 670.042(1)(a) (a) Except as provided in par. (b), the licensee may put into effect class 1 modifications listed in ch. NR 670 Appendix I if all of the following conditions are met:

NR 670.042(1)(a)1. 1. The licensee shall notify the department concerning the modification by certified mail or other means that establish proof of delivery within 7 calendar days after the change is put into effect. This notice shall specify the changes being made to license conditions or supporting documents referenced by the license and shall explain why they are necessary. Along with the notice, the licensee shall provide the applicable information required by ss. NR 670.013 to 670.029 and 670.062.

NR 670.042(1)(a)2. 2. The licensee shall send a notice of the modification to all persons on the facility mailing list and the appropriate units of state and local government, as identified in s. NR 670.410 (3) (a) 9. to 11.  This notification shall be made within 90 calendar days after the change is put into effect. For the class I modifications that require prior department approval, the notification shall be made within 90 calendar days after the department approves the request.

NR 670.042(1)(a)3. 3. Any person may request the department to review, and the department may for cause reject, any class 1 modification. The department shall inform the licensee by certified mail that a class 1 modification has been rejected, explaining the reasons for the rejection. If a class 1 modification has been rejected, the licensee shall comply with the original license conditions.

NR 670.042(1)(b) (b) Class 1 license modifications identified in ch. NR 670 Appendix I as Class 1-1 by a footnote may be made only with the prior written approval of the department.

NR 670.042(1)(c) (c) For a class 1 license modification, the licensee may elect to follow the procedures in sub. (2) for class 2 modifications instead of the class 1 procedures. The licensee shall inform the department of this decision in the notice required in sub. (2) (a).

NR 670.042(2) (2) Class 2 modifications.

NR 670.042(2)(a) (a) For class 2 modifications, listed in ch. NR 670 Appendix I, the licensee shall submit a modification request to the department that does all of the following:

NR 670.042(2)(a)1. 1. Describes the exact change to be made to the license conditions and supporting documents referenced by the license.

NR 670.042(2)(a)2. 2. Identifies that the modification is a class 2 modification.

NR 670.042(2)(a)3. 3. Explains why the modification is needed.

NR 670.042(2)(a)4. 4. Provides the applicable information required by ss. NR 670.013 to 670.029 and 670.062.

NR 670.042(2)(b) (b) The licensee shall send a notice of the modification request to all persons on the facility mailing list and to the appropriate units of state and local government as identified in s. NR 670.410 (3) (a) 9. to 11., and shall publish this notice in a major local newspaper of general circulation. This notice shall be mailed and published within 7 days before or after the date of submission of the modification request, and the licensee shall provide to the department evidence of the mailing and publication. The notice shall include all of the following:

NR 670.042(2)(b)1. 1. Announcement of a 45-day comment period, according to par. (e), and the name and address of a department contact to whom comments shall be sent.

NR 670.042(2)(b)2. 2. Announcement of the date, time and place for a public meeting held according to par. (d).

NR 670.042(2)(b)3. 3. Name and telephone number of the licensee’s contact person.

NR 670.042(2)(b)4. 4. Name and telephone number of a department-designated contact person.

NR 670.042(2)(b)5. 5. Location where copies of the modification request and any supporting documents can be viewed and copied.

NR 670.042(2)(b)6. 6. The following statement: “The licensee’s compliance history during the life of the license being modified is available from the department contact person.”

NR 670.042(2)(c) (c) The licensee shall place a copy of the license modification request and supporting documents in a location accessible to the public in the vicinity of the licensed facility.

NR 670.042(2)(d) (d) The licensee shall hold a public meeting no earlier than 15 days after the publication of the notice required in par. (b) and no later than 15 days before the close of the 45-day comment period. The meeting shall be held to the extent practicable in the vicinity of the licensed facility.

NR 670.042(2)(e) (e) The public shall be provided 45 days to comment on the modification request. The comment period will begin on the date the licensee publishes the notice in the local newspaper. Comments shall be submitted to the department contact identified in the public notice.

NR 670.042(2)(f) (f)

NR 670.042(2)(f)1. 1. No later than 90 days after receipt of the notification request, the department shall do one of the following:

NR 670.042(2)(f)1.a. a. Approve the modification request, with or without changes, and modify the license accordingly.

NR 670.042(2)(f)1.b. b. Deny the request.

NR 670.042(2)(f)1.c. c. Determine that the modification request shall follow the procedures in sub. (3) for class 3 modifications for either of the following reasons:

1) There is significant public concern about the proposed modification.

2) The complex nature of the change requires the more extensive procedures of class 3.

NR 670.042(2)(f)1.d. d. Approve the request, with or without changes, as a temporary authorization having a term of up to 180 days.

NR 670.042(2)(f)3. 3. If the department approves or denies the modification request during the term of the temporary authorization provided for in subd. 1., this action cancels the temporary authorization.

NR 670.042(2)(f)6. 6. In making a decision to approve or deny a modification request, including a decision to issue a temporary authorization or to reclassify a modification as a class 3, the department shall consider all written comments submitted to the department during the public comment period and shall respond in writing to all significant comments in the department’s decision.

NR 670.042(2)(g) (g) The department may deny or change the terms of a class 2 license modification request under par. (f) 1. and 3. for any of the following reasons:

NR 670.042(2)(g)1. 1. The modification request is incomplete.

NR 670.042(2)(g)2. 2. The requested modification does not comply with ch. NR 664 or other applicable requirements.

NR 670.042(2)(g)3. 3. The conditions of the modification fail to protect human health and the environment.

NR 670.042(2)(h) (h) The licensee may perform any construction associated with a class 2 license modification request beginning 60 days after the submission of the request unless the department establishes a later date for commencing construction and informs the licensee in writing before day 60.

NR 670.042(3) (3) Class 3 modifications.

NR 670.042(3)(a) (a) For class 3 modifications listed in ch. NR 670 Appendix I, the licensee shall submit a modification request to the department that does all of the following:

NR 670.042(3)(a)1. 1. Describes the exact change to be made to the license conditions and supporting documents referenced by the license.

NR 670.042(3)(a)2. 2. Identifies that the modification is a class 3 modification.

NR 670.042(3)(a)3. 3. Explains why the modification is needed.

NR 670.042(3)(a)4. 4. Provides the applicable information required by ss. NR 670.007, 670.013 to 670.029, 670.062 and 670.066.

NR 670.042(3)(b) (b) The licensee shall send a notice of the modification request to all persons on the facility mailing list and to the appropriate units of state and local government as identified in s. NR 670.410 (3) (a) 9. to 11., and shall publish this notice in a major local newspaper of general circulation. This notice shall be mailed and published within 7 days before or after the date of submission of the modification request, and the licensee shall provide to the department evidence of the mailing and publication. The notice shall include all of the following:

NR 670.042(3)(b)1. 1. Announcement of a 45-day comment period, and a name and address of a department contact to whom comments shall be sent.

NR 670.042(3)(b)2. 2. Announcement of the date, time and place for a public meeting on the modification request, according to par. (d).

NR 670.042(3)(b)3. 3. Name and telephone number of the licensee’s contact person.

NR 670.042(3)(b)4. 4. Name and telephone number of a department contact person.

NR 670.042(3)(b)5. 5. Location where copies of the modification request and any supporting documents can be viewed and copied.

NR 670.042(3)(b)6. 6. The following statement: “The licensee’s compliance history during the life of the license being modified is available from the department contact person.”

NR 670.042(3)(c) (c) The licensee shall place a copy of the license modification request and supporting documents in a location accessible to the public in the vicinity of the licensed facility.

NR 670.042(3)(d) (d) The licensee shall hold a public meeting no earlier than 15 days after the publication of the notice required in par. (b) and no later than 15 days before the close of the 45-day comment period. The meeting shall be held to the extent practicable in the vicinity of the licensed facility.

NR 670.042(3)(e) (e) The public shall be provided at least 45 days to comment on the modification request. The comment period will begin on the date the licensee publishes the notice in the local newspaper. Comments shall be submitted to the department contact identified in the notice.

NR 670.042(3)(f) (f) After the conclusion of the 45-day comment period, the department shall grant or deny the license modification request according to the license modification procedures of this chapter. In addition, the department shall consider and respond to all significant written comments received during the 45-day comment period.

NR 670.042(4) (4) Other modifications.

NR 670.042(4)(a) (a) In the case of modifications not explicitly listed in ch. NR 670 Appendix I, the licensee may submit a class 3 modification request to the department, or the licensee may request a determination by the department that the modification shall be reviewed and approved as a class 1 or class 2 modification. If the licensee requests that the modification be classified as a class 1 or 2 modification, the licensee shall provide the department with the necessary information to support the requested classification.

NR 670.042(4)(b) (b) The department shall make the determination described in par. (a) as promptly as practicable. In determining the appropriate class for a specific modification, the department shall consider the similarity of the modification to other modifications codified in ch. NR 670 Appendix I and all of the following criteria:

NR 670.042(4)(b)1. 1. Class 1 modifications apply to minor changes that keep the license current with routine changes to the facility or its operation. These changes do not substantially alter the license conditions or reduce the capacity of the facility to protect human health or the environment. In the case of class 1 modifications, the department may require prior approval.

NR 670.042(4)(b)2. 2. Class 2 modifications apply to changes that are necessary to enable a licensee to respond, in a timely manner, such as the following:

NR 670.042(4)(b)2.a. a. Common variations in the types and quantities of the wastes managed under the facility license.

NR 670.042(4)(b)2.b. b. Technological advancements.

NR 670.042(4)(b)2.c. c. Changes necessary to comply with new rules, where these changes can be implemented without substantially changing design specifications or management practices in the license.