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.