NR 670.410 NoteNote: Section 289.24 (4), Stats, requires the applicant to distribute copies of the license application to the persons specified under s. 289.32, Stats., immediately after receiving notice of the department’s determination that the license application is complete. NR 670.410 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06. NR 670.411NR 670.411 Public comments and requests for public hearings. During the public comment period provided under s. NR 670.410, any interested person may submit written comments on the preliminary determination and may request a public hearing, if no hearing has already been scheduled. A request for a public hearing shall be in writing and shall state the nature of the issues proposed to be raised in the hearing. All comments shall be considered in making the final decision and shall be answered as provided in s. NR 670.417. NR 670.411 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06. NR 670.412(1)(a)(a) The department may hold a public hearing whenever the department finds, on the basis of requests, a significant degree of public interest in the preliminary determination. NR 670.412(1)(b)(b) The department may also hold a public hearing at the department’s discretion, whenever, for instance, such a hearing might clarify one or more issues involved in the preliminary determination or operating license decision. NR 670.412(1)(c)(c) The department may hold a public informational hearing whenever the department receives written notice of opposition to a preliminary determination and a request for a hearing within 45 days of public notice under s. NR 670.410 (2) (a), and whenever possible the department shall schedule a hearing under this section at a location convenient to the nearest population center to the proposed facility. NR 670.412(1)(e)(e) 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 670.412 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06. NR 670.415NR 670.415 Issuance of the operating license. NR 670.415(1)(1) Within 60 days after the close of the public comment period under s. NR 670.410 on a preliminary determination, the department shall issue a final determination. The department shall notify the applicant and each person who has submitted written comments or requested notice of the final determination. For the purposes of this section, a final determination means a final decision to issue, deny, modify, revoke or reissue, or revoke a license. NR 670.415(2)(2) The department shall publish a notice of the intent to issue an initial operating license. The department may not publish the notice of intent to issue an initial operating license until the department receives and accepts the following documentation: NR 670.415(2)(a)(a) For newly constructed surface impoundments, landfills or waste piles, the construction quality assurance certification required in s. NR 664.0019. NR 670.415(2)(b)(b) For newly constructed treatment or storage facilities, the written construction certification statement required in s. NR 664.0025. NR 670.415(3)(3) If the department fails to issue the operating license within 30 days of publishing the notice of intent required in sub. (2), the department shall refund the operating license review fee paid by the applicant. NR 670.415 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 16-007: am. (2) (a) Register July 2017 No. 739, eff. 8-1-17. NR 670.417(1)(1) At the time that any final license decision is issued under s. NR 670.415, the department shall issue a response to comments. This response shall include both of the following: NR 670.417(1)(a)(a) Specify which provisions, if any, of the preliminary determination have been changed in the final license decision, and the reasons for the change. NR 670.417(1)(b)(b) Briefly describe and respond to all significant comments on the preliminary determination raised during the public comment period, or during any hearing. NR 670.417(3)(3) The response to comments shall be available to the public. NR 670.417 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06. NR 670.427NR 670.427 Annual renewal of the operating license. NR 670.427(1)(1) The owner or operator of a treatment, storage or disposal facility who has been issued an operating license shall: NR 670.427(1)(a)(a) Renew the operating license annually by submitting a license renewal form to the department by the date specified on the renewal application form. NR 670.427(2)(2) The owner or operator of a treatment, storage or disposal facility who fails to renew the license according to sub. (1) shall pay a late processing fee of $200 in addition to the license fee. NR 670.427(3)(3) If the department fails to issue the annual operating license within 65 business days after the complete license renewal form is received by the department, the department shall refund fees paid by the applicant for the annual renewal of the operating license. NR 670.427 NoteNote: The department will mail the annual license renewal form and environmental fee statement to the owners or operators of treatment, storage or disposal facilities with effective operating licenses.
NR 670.427 NoteNote: The license application is complete when the environmental fee and license application renewal form are received by the department.
NR 670.427 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; correction in (1) (b) made under s. 13.92 (4) (b) 7., Stats., Register March 2013 No. 687. NR 670.431NR 670.431 Pre-application public meeting and notice. NR 670.431(1)(1) This section applies to all owners or operators submitting feasibility and plan of operation reports for initial operating licenses for hazardous waste management facilities. This section also applies to owners or operators submitting feasibility and plan of operation reports for reissuance of licenses for those facilities, where the submittal is proposing a significant change in facility operations. For the purposes of this section, a “significant change” is any change that would qualify as a class 3 license modification under s. NR 670.042. This section also applies to owners or operators submitting written notices of intent to be covered by a standardized license (see subch. J), including reissuance of a standardized license for units where the owner or operator proposes a significant change in facility operations, as defined in s. NR 670.320 (1) (c). This section does not apply to license applications submitted for the sole purpose of conducting long-term care activities or long-term care activities and corrective action at a facility. NR 670.431(2)(2) Prior to the submission of a feasibility and plan of operation report for a facility, or the submission of a written notice of intent to be covered by a standardized license, the applicant shall hold at least one meeting with the public in order to solicit questions from the community and inform the community of proposed hazardous waste management activities. The applicant shall post a sign-in sheet or otherwise provide a voluntary opportunity for attendees to provide their names and addresses. NR 670.431(3)(3) The applicant shall submit a summary of the meeting, along with the list of attendees and their addresses developed under sub. (2), and copies of any written comments or materials submitted at the meeting, to the department as a part of the feasibility and plan of operation report, according to s. NR 670.014 (2), or with the written notice of intent to be covered by a standardized license (see subch. J). NR 670.431(4)(4) The applicant shall provide public notice of the pre-application meeting at least 30 days prior to the meeting. The applicant shall maintain, and provide to the department upon request, documentation of the notice. NR 670.431(4)(a)(a) The applicant shall provide public notice in all of the following forms: NR 670.431(4)(a)1.1. ‘A newspaper advertisement.’ The applicant shall publish a notice, fulfilling the requirements in par. (b), in a newspaper of general circulation in the county or equivalent jurisdiction that hosts the proposed location of the facility. In addition, the applicant shall publish the notice in newspapers of general circulation in adjacent counties or equivalent jurisdictions, where the department determines that publication is necessary to inform the affected public. The notice shall be published as a display advertisement. NR 670.431(4)(a)2.2. ‘A visible and accessible sign.’ The applicant shall post a notice on a clearly marked sign at or near the facility, fulfilling the requirements in par. (b). If the applicant places the sign on the facility property, then the sign shall be large enough to be readable from the nearest point where the public would pass by the site. NR 670.431(4)(a)3.3. ‘A broadcast media announcement.’ The applicant shall broadcast a notice, fulfilling the requirements in par. (b), at least once on at least one local radio station or television station. The applicant may employ another medium with prior approval of the department. NR 670.431(4)(a)4.4. ‘A notice to the department.’ The applicant shall send a copy of the newspaper notice to the department and to the appropriate units of local government, according to s. NR 670.410 (3) (a) 10. NR 670.431(4)(b)3.3. A brief description of the facility and proposed operations, including the address or a map (e.g., a sketched or copied street map) of the facility location. NR 670.431(4)(b)4.4. A statement encouraging people to contact the facility at least 72 hours before the meeting if they need special access to participate in the meeting. NR 670.431(4)(b)5.5. The name, address and telephone number of a contact person for the applicant. NR 670.431 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 16-007: am. (1) to (3) Register July 2017 No. 739, eff. 8-1-17. NR 670.432NR 670.432 Public notice requirements at the application stage. NR 670.432(1)(1) Applicability. This section applies to all owners or operators submitting feasibility and plan of operation reports for an operating license for a hazardous waste management facility. This section does not apply to license modifications or to license applications submitted for the sole purpose of conducting long-term care activities or long-term care activities and corrective action at a facility. This section also does not apply to owners or operators submitting a written notice of intent to be covered by a standardized license (see subch. J) except for a new facility or a significant change that is also a facility expansion. NR 670.432(2)(a)(a) The department shall send a notice to all persons on the facility mailing list and to appropriate units of state and local government as identified in s. NR 670.410 (3) (a) 9. to 11. that a feasibility and plan of operation report has been submitted to the department and is available for review. NR 670.432(2)(b)(b) The notice shall be published within a reasonable period of time after the application is received by the department. The notice shall include all of the following: NR 670.432(2)(b)2.2. The name and telephone number of the department’s contact office, and a mailing address to which information, opinions and inquiries may be directed throughout the license review process. NR 670.432(2)(b)3.3. An address to which people can write in order to be put on the facility mailing list. NR 670.432(2)(b)4.4. The location where copies of the license application and any supporting documents can be viewed and copied. NR 670.432(2)(b)5.5. A brief description of the facility and proposed operations, including the address or a map (e.g., a sketched or copied street map) of the facility location on the front page of the notice. NR 670.432(3)(3) Public access to application. Concurrent with the notice required under sub. (2), the department shall place the license application and any supporting documents in a location accessible to the public in the vicinity of the facility or at the department’s office. NR 670.433(1)(1) This section applies to all feasibility and plan of operation report submittals for licenses for hazardous waste management units. NR 670.433(2)(2) The department may assess the need, on a case-by-case basis, for an information repository. When assessing the need for an information repository, the department shall consider a variety of factors, including the level of public interest; the type of facility; the presence of an existing repository; and the proximity to the nearest copy of the administrative record. If the department determines, at any time after submittal of a license application, that there is a need for a repository, then the department shall notify the owner or operator of the facility that it shall establish and maintain an information repository. (See s. NR 670.030 (13) for similar provisions relating to the information repository during the life of a license). NR 670.433(3)(3) The information repository shall contain all documents, reports, data and information deemed necessary by the department to fulfill the purposes for which the repository is established. The department shall have the discretion to limit the contents of the repository. NR 670.433(4)(4) The information repository shall be located and maintained at a site chosen by the owner or operator of the facility. If the department finds the site unsuitable for the purposes and persons for which it was established, due to problems with the location, hours of availability, access or other relevant considerations, then the department shall specify a more appropriate site. NR 670.433(5)(5) The department shall specify requirements for informing the public about the information repository. At a minimum, the department shall require the owner or operator of the facility to provide a written notice about the information repository to all individuals on the facility mailing list. 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 670.504NR 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)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 HistoryHistory: CR 16-007: cr. Register July 2017 No. 739, eff. 8-1-17. NR 670.505NR 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:
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