NR 665.0118(7)(b)2.2. The department will base its final determination upon the same criteria as required for petitions under par. (a) 1. A modification of the long-term care plan may include, where appropriate, the temporary suspension rather than permanent deletion of one or more long-term care requirements. At the end of the specified period of suspension, the department would then determine whether the requirements should be permanently discontinued or reinstated to prevent threats to human health and the environment.

NR 665.0119(1)(1) No later than 60 days after certification of closure of each hazardous waste disposal unit, the owner or operator shall submit to the local zoning authority, or the authority with jurisdiction over local land use, and to the department, a record of the type, location and quantity of hazardous wastes disposed of within each cell or other disposal unit of the facility. For hazardous wastes disposed of before July 1, 1985, the owner or operator shall identify the type, location and quantity of the hazardous wastes to the best of the owner or operator’s knowledge and in accordance with any records the owner or operator has kept.

NR 665.0119(2)(2) Within 60 days of certification of closure of the first hazardous waste disposal unit and within 60 days of certification of closure of the last hazardous waste disposal unit, the owner or operator shall do both of the following:

NR 665.0119(2)(a)(a) Record, in accordance with ch. 706, Stats., a notation on the deed to the facility property, or on some other instrument which is normally examined during title search, that will in perpetuity notify any potential purchaser of the property of all of the following:

NR 665.0119(2)(a)3.3. The survey plat and record of the type, location and quantity of hazardous wastes disposed of within each cell or other hazardous waste disposal unit of the facility required by s. NR 665.0116 and sub. (1) have been filed with the local zoning authority or the authority with jurisdiction over local land use and with the department.

NR 665.0119(2)(b)(b) Submit a certification signed by the owner or operator that the owner or operator has recorded the notation specified in par. (a) and a copy of the document in which the notation has been placed, to the department.

NR 665.0119(3)(3) If the owner or operator or any subsequent owner of the land upon which a hazardous waste disposal unit was located wishes to remove hazardous wastes and hazardous waste residues, the liner, if any, and all contaminated structures, equipment and soils, the owner or operator shall request a modification to the approved long-term care plan in accordance with the requirements of s. NR 665.0118 (7). The owner or operator shall demonstrate that the removal of hazardous wastes will satisfy the criteria of s. NR 665.0117 (3). By removing hazardous waste, the owner or operator may become a generator of hazardous waste and shall manage it in accordance with all applicable requirements of chs. NR 660 to 673. If the owner or operator is granted approval to conduct the removal activities, the owner or operator may request that the department approve either of the following:

NR 665.0120NR 665.0120 Certification of completion of long-term care. No later than 60 days after the completion of the established long-term care period for each hazardous waste disposal unit, the owner or operator shall submit to the department, by registered mail, a certification that the long-term care period for the hazardous waste disposal unit was performed in accordance with the specifications in the approved long-term care plan. The owner or operator and a qualified professional engineer shall sign the certification. Documentation supporting the professional engineer’s certification shall be furnished to the department upon request until the department releases the owner or operator from the financial assurance requirements for long-term care under s. NR 665.0145 (10).

NR 665.0121(1)(1) Owners and operators who are subject to the requirement to obtain a long-term care license under s. NR 670.001 (3), but who obtain enforceable documents in lieu of long-term care licenses, as provided under s. NR 670.001 (3) (g), shall comply with all of the following requirements:

NR 665.0121(2)(a)(a) The department, in issuing enforceable documents under this section in lieu of licenses, will assure a meaningful opportunity for public involvement which, at a minimum, includes public notice and opportunity for public comment as follows:

NR 665.0121(2)(a)3.3. At the time of a proposed decision that remedial action is complete at the facility. These requirements shall be met before the department may consider that the facility has met the requirements of s. NR 670.001 (3) (g), unless the facility qualifies for a modification to these public involvement procedures under par. (b) or (c).

NR 665.0121(2)(b)(b) If the department determines that even a short delay in the implementation of a remedy would adversely affect human health or the environment, the department may delay compliance with the requirements of par. (a) and implement the remedy immediately. However, the department shall assure involvement of the public at the earliest opportunity, and, in all cases, upon making the decision that additional remedial action is not needed at the facility.

NR 665.0121(2)(c)(c) The department may allow a remediation initiated prior to August 1, 2006 to substitute for corrective action required under a long-term care license even if the public involvement requirements of par. (a) have not been met so long as the department assures that notice and comment on the decision that no further remediation is necessary to protect human health and the environment takes place at the earliest reasonable opportunity after August 1, 2006.