Chapter NR 670

NR 670.506 History History: CR 16-007: cr. Register July 2017 No. 739, eff. 8-1-17.

NR 670.507 NR 670.507 Public notice requirements for standardized licenses.

NR 670.507(1) (1) The department shall provide public notice of draft standardized license decisions and also provide an opportunity for the public to submit comments and request a hearing on that decision. The department shall provide the public notice to the following:

NR 670.507(1)(a) (a) The applicant.

NR 670.507(1)(b) (b) Any other agency which has issued or is required to issue a RCRA permit for the same facility or activity (including EPA when the draft permit is prepared by the department).

NR 670.507(1)(c) (c) Federal and state agencies with jurisdiction over fish, shellfish, and wildlife resources and over coastal zone management plans, the Advisory Council on Historic Preservation, State Historic Preservation Officers, including any affected States.

NR 670.507(1)(d) (d) To everyone on the facility mailing list developed according to the requirements in s. NR 670.410 (3) (a) 9.

NR 670.507(1)(e) (e) To any units of local government having jurisdiction over the area where the facility is proposed to be located and to each state agency having any authority under state law with respect to the construction or operation of the facility.

NR 670.507(2) (2) The department shall issue the public notice according to the following methods:

NR 670.507(2)(a) (a) Publication in a daily or weekly major local newspaper of general circulation and broadcast over local radio stations.

NR 670.507(2)(b) (b) In a manner constituting legal notice to the public under State law.

NR 670.507(2)(c) (c) Any other method reasonably calculated to give actual notice of the draft license decision to the persons potentially affected by it, including press releases or any other forum or medium to elicit public participation.

NR 670.507(3) (3) The department shall include the following information in the public notice:

NR 670.507(3)(a) (a) The name and telephone number of the contact person at the facility.

NR 670.507(3)(b) (b) The name and telephone number of the department contact office and a mailing address to which people may direct comments, information, opinions, or inquiries.

NR 670.507(3)(c) (c) An address to which people may write to be put on the facility mailing list.

NR 670.507(3)(d) (d) The location where people may view and make copies of the draft standardized license and the notice of intent and supporting documents.

NR 670.507(3)(e) (e) A brief description of the facility and proposed operations, including the address or a map (for example, a sketched or copied street map) of the facility location on the front page of the notice.

NR 670.507(3)(f) (f) The date that the facility owner or operator submitted the notice of intent and supporting documents.

NR 670.507(4) (4) At the same time that the department issues the public notice under this section, it shall place the draft standardized license (including both the uniform portion and the supplemental portion, if any), the notice of intent and supporting documents and the statement of basis or fact sheet in a location accessible to the public in the vicinity of the facility or at the department’s office.

NR 670.507 History History: CR 16-007: cr. Register July 2017 No. 739, eff. 8-1-17.

NR 670.508 NR 670.508 Public comments and requests for hearings on draft standardized licenses.

NR 670.508(1) (1) The public notice issued by the department under s. NR 670.507 shall allow at least 45 days for people to submit written comments on the draft license decision. This time is referred to as the public comment period. The department shall automatically extend the public comment period to the close of any public hearing under this section. The hearing officer may also extend the comment period by so stating at the hearing.

NR 670.508(2) (2) During the public comment period, any interested person may submit written comments on the draft license and may request a public hearing. If someone wants to request a public hearing, they shall submit their request in writing to you. Their request shall state the nature of the issues they propose to raise during the hearing.

NR 670.508(3) (3) The department shall hold a public hearing whenever it receives a written notice of opposition to a standardized license and a request for a hearing within the public comment period under sub. (1). The department may also hold a public hearing at its discretion, whenever, for instance, such a hearing might clarify one or more issues involved in the license decision.

NR 670.508(4) (4) Whenever possible, the department shall schedule a hearing under this section at a location convenient to the nearest population center to the facility. The department shall give public notice of the hearing at least 30 days before the date set for the hearing. The department may give the public notice of the hearing at the same time it provides public notice of the draft license, and may combine the two notices.

NR 670.508(5) (5) The department shall give public notice of the hearing according to the methods in s. NR 670.507 (1) and (2). The hearing shall be conducted according to the procedures in s. NR 670.412.

NR 670.508(6) (6) In their written comments and during the public hearing, if held, interested parties may provide comments on the draft license decision. These comments may include, but are not limited to, the facility’s eligibility for the standardized license, the tentative supplemental conditions the department proposed and the need for additional supplemental conditions.

NR 670.508 History History: CR 16-007: cr. Register July 2017 No. 739, eff. 8-1-17.

NR 670.509 NR 670.509 Response to comments on standardized licenses.

NR 670.509(1) (1) At the time the department issues a final standardized license, it shall also respond to comments received during the public comment period on the draft license. The department’s response shall:

NR 670.509(1)(a) (a) Specify which additional conditions (for instance, those in the supplemental portion), if any, the department changed in the final license, and the reasons for the change.

NR 670.509(1)(b) (b) Briefly describe and respond to all significant comments on the facility’s ability to meet the general requirements (for instance, those terms and conditions in the uniform portion) and on any additional conditions necessary to protect human health and the environment raised during the public comment period or during the hearing.

NR 670.509(1)(c) (c) Make the comments and responses accessible to the public.

NR 670.509(2) (2) The department may request additional information from the facility owner or operator or inspect the facility if it needs additional information to adequately respond to significant comments or to make decisions about conditions it may need to add to the supplemental portion of the standardized license.

NR 670.509 History History: CR 16-007: cr. Register July 2017 No. 739, eff. 8-1-17.

NR 670.510 NR 670.510 Public appeals of final standardized licenses. An interested party may petition for administrative review of the department’s final license decision, including a decision that the facility is eligible for the standardized license, according to the procedures of s. 227.42, Stats. However, the terms and conditions of the uniform portion of the standardized license are not subject to administrative review under this provision.

NR 670.510 History History: CR 16-007: cr. Register July 2017 No. 739, eff. 8-1-17.