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 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06. 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 HistoryHistory: 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 670.041NR 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)(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 HistoryHistory: 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 670.042NR 670.042 License modification at the request of the licensee.