NR 670.001(2)(2) Overview of the hazardous waste license program. Not later than 90 days after the promulgation or revision of rules in ch. NR 661, identifying and listing hazardous wastes, generators, and transporters of hazardous waste, and owners or operators of hazardous waste treatment, storage, or disposal facilities may be required to file a notification of that activity under s. NR 660.07. Treatment, storage, or disposal of hazardous waste by any person who has not applied for and received a hazardous waste license is prohibited. A license application consists of two parts, part A (see s. NR 670.013) and a feasibility and plan of operation report (see s. NR 670.014 and applicable sections in ss. NR 670.015 to 670.029). Treatment and storage facilities (TSDs) that are otherwise subject to licensing under ch. 291, Stats., and meet the criteria in pars. (a) or (b) may be eligible for a standardized license under subch. J of ch. NR 667. For existing HWM facilities, the requirements to submit a license application is satisfied by submitting only part A until the date the department sets for submitting the feasibility and plan of operation report. Part A consists of Forms 1 and 3 of the EPA Consolidated Permit Application Forms. Timely submission of both notification under s. NR 660.07 and part A qualifies owners and operators of existing HWM facilities (who are required to have a license) for an interim license under s. 291.25, Stats. Facility owners and operators with an interim license are treated as having been issued an operating license until the department makes a final determination on the operating license application. Facility owners and operators with interim licenses shall comply with interim license standards set forth at chs. NR 665 and 666. Facility owners and operators with interim licenses are not relieved from complying with other state requirements. For existing HWM facilities, the department shall set a date, giving at least 6 months notice, for submission of the feasibility and plan of operation report. There is no form for the feasibility and plan of operation report; rather, the report shall be submitted in narrative form and contain the information set forth in ss. NR 670.014 to 670.029. Owners or operators of new HWM facilities shall submit the license application at least 180 days before physical construction is expected to commence.

NR 670.001(3)(3) Scope of the license requirement. Section 291.25 (2), Stats., requires a license for the operation of a treatment, storage or disposal facility where any hazardous waste identified or listed in ch. NR 661 is managed. The terms “treatment,” “storage,” “disposal” and “hazardous waste” are defined in s. NR 660.10. Owners and operators of hazardous waste management units shall have licenses during the active life (including the closure period) of the unit. Owners and operators of surface impoundments, landfills and waste pile units that received waste after July 26, 1982, or that certified closure (according to s. NR 665.0115) after January 26, 1983, shall have long-term care licenses, unless they demonstrate closure by removal or decontamination as provided under pars. (e) and (f), or obtain an enforceable document in lieu of a long-term care license, as provided under par. (g). If a long- term care license is required, the license shall address applicable ch. NR 664 groundwater monitoring, unsaturated zone monitoring, corrective action and long-term care requirements of this chapter. The denial of a license for the active life of a hazardous waste management facility or unit does not affect the requirement to obtain a long-term care license under this section.