NR 670.067(1) (1) Generate hazardous waste and then non-thermally treat or store the hazardous waste on-site in tanks, containers, or containment buildings.

NR 670.067(2) (2) Receive hazardous waste generated off-site by a generator under the same ownership as the receiving facility and then store or non-thermally treat the hazardous waste in tanks, containers, or containment buildings. Standardized license facility owners or operators are regulated under ch. NR 667 and subch. J.

NR 670.067 History History: CR 16-007: cr. Register July 2017 No. 739, eff. 8-1-17.

NR 670.068 NR 670.068 Remediation Variances. Remediation variances are special forms of licenses that are issued under subch. H.

NR 670.068 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

subch. G of ch. NR 670 Subchapter G — Interim Licenses

NR 670.070 NR 670.070 Qualifying for an interim license.

NR 670.070(1) (1) Any person who owns or operates an existing HWM facility or a facility in existence on the effective date of a statute or rule that renders the facility subject to the requirement to have an operating license shall apply for an interim license and comply with:

NR 670.070(1)(a) (a) The requirements of s. NR 660.07 pertaining to notification of hazardous waste activity.

NR 670.070 Note Note: Some existing facilities may not be required to file a notification under s. NR 660.07. These facilities may qualify for an interim license by meeting sub. (1) (b).

NR 670.070(1)(b) (b) The requirements of ss. NR 670.010 and 670.011 pertaining to the submission of the part A application.

NR 670.070(2) (2) If the department has reason to believe upon examination of a part A application that it fails to meet s. NR 670.013, the department shall notify the owner or operator in writing of the apparent deficiency. The notice shall specify the grounds for the department’s belief that the application is deficient. The owner or operator shall have 30 days from receipt to respond to such a notification and to explain or cure the alleged deficiency in the owner or operator’s part A application. If, after the notification and opportunity for response, the department determines that the application is deficient it may take appropriate enforcement action.

NR 670.070(3) (3) If the department fails to make a decision within 90 days of receiving a complete Part A application, the department shall refund the interim license review fee paid by the applicant.

NR 670.070(4) (4) Subsection (1) does not apply to any facility which has been previously denied an operating license or if authority to operate the facility under ch. 291, Stats., has been previously revoked.

NR 670.070 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 670.071 NR 670.071 Operation during an interim license period.

NR 670.071(1) (1) During the interim license period the facility may not do any of the following:

NR 670.071(1)(a) (a) Treat, store or dispose of hazardous waste not specified in part A of the license application.

NR 670.071(1)(b) (b) Employ processes not specified in part A of the license application.

NR 670.071(1)(c) (c) Exceed the design capacities specified in part A of the license application.

NR 670.071(2) (2) During the interim license period, owners or operators shall comply with the interim license standards in ch. NR 665.

NR 670.071 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 670.072 NR 670.072 Modifications to an interim license.

NR 670.072(1) (1) Except as provided in sub. (2), the owner or operator of an interim licensed facility may make the following modifications at the facility:

NR 670.072(1)(a) (a) Treatment, storage or disposal of new hazardous wastes not previously identified in part A of the license application which are newly listed or identified wastes, including the addition of the units used to treat, store or dispose of the hazardous wastes on the effective date of the listing or identification if the owner or operator submits a revised part A license application and obtains an interim license modification prior to the treatment, storage or disposal of these wastes.

NR 670.072(1)(b) (b) Increases in the design capacity of processes used at the facility if the owner or operator submits a revised part A license application prior to such a change, along with a justification explaining the need for the change, and the department approves the changes for either of the following:

NR 670.072(1)(b)1. 1. There is a lack of available treatment, storage or disposal capacity at other hazardous waste management facilities.

NR 670.072(1)(b)2. 2. The change is necessary to comply with a federal or state requirement.

NR 670.072(1)(c) (c) Changes in the processes for the treatment, storage or disposal of hazardous waste or addition of processes if the owner or operator submits a revised part A license application prior to such change, along with a justification explaining the need for the change, and the department approves the change for either of the following: