NR 670.005(1)(b)5.a.a. Whenever the licensee has violated a license requirement (other than reported under subds. 1. or 2.), and has not returned to compliance within 45 days from the date reporting of noncompliance was due under the license.
NR 670.005(1)(b)5.b.b. When the department determines that a pattern of noncompliance exists for a major facility licensee over the most recent 4 consecutive reporting periods. This pattern includes any violation of the same requirement in 2 consecutive reporting periods, and any violation of one or more requirements in each of 4 consecutive reporting periods.
NR 670.005(1)(b)5.c.c. When the department determines significant license non-compliance or other significant event has occurred such as a fire or explosion or migration of fluids into an underground source of drinking water.
NR 670.005(1)(b)6.6. ‘All other.’ Statistical information shall be reported quarterly on all other instances of noncompliance by major facilities with license requirements not otherwise reported under this subsection.
NR 670.005(2)(2)Annual reports.
NR 670.005(2)(a)(a) Annual noncompliance report. Statistical reports shall be submitted by the department on nonmajor licensees indicating the total number reviewed, the number of noncomplying nonmajor licensees, the number of enforcement actions, and number of license modifications extending compliance deadlines. The statistical information shall be organized to follow the types of noncompliance listed in sub. (1).
NR 670.005(2)(b)(b) In addition to the annual noncompliance report, the department shall prepare a “program report” which contains information (in a manner and form prescribed by the EPA region 5 administrator) on generators and transporters and the license status of regulated facilities. The department shall also include, on a biennial basis, summary information on the quantities and types of hazardous wastes generated, transported, treated, stored and disposed during the preceding odd-numbered year. This summary information shall be reported in a manner and form prescribed by the EPA region 5 administrator and shall be reported according to EPA characteristics and lists of hazardous wastes at ch. NR 661.
NR 670.005(3)(3)Schedule. For all quarterly reports, on the last working day of May, August, November and February, the department shall submit to the EPA region 5 administrator information concerning noncompliance with license requirements by major facilities in Wisconsin according to the following schedule.
1 Reports shall be made available to the public for inspection and copying on this date.
NR 670.005 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.
subch. B of ch. NR 670Subchapter B — License Application
NR 670.007NR 670.007Pre-application requirements.
NR 670.007(1)(1)A person proposing to obtain a license for an interim facility or construct a new facility or expand an existing facility shall comply with all of the following local approval and pre-application and meeting requirements:
NR 670.007(1)(a)(a) Submit a written request including the standard notice developed under s. 289.22 (2), Stats., to each affected municipality as required in s. 289.22 (1m), Stats.
NR 670.007(1)(b)(b) Apply for all applicable local approvals required by a municipality under s. 289.22 (1m), Stats., at least 120 days prior to submitting the license application to the department if subject to s. 289.33 (6), Stats. If the municipality either fails to respond within 15 days after the receipt of the written request from the applicant or indicates that there are no applicable local approval requirements, the applicant may submit the license application 135 days after receipt by the municipality of the written request from the applicant or 120 days after receipt of the response from the municipality indicating that there are no local approval requirements, whichever occurs first.
NR 670.007(1)(c)(c) Hold a public meeting and give notice as required in s. NR 670.431.
NR 670.007 NoteNote: Refer to s. 289.33, Stats., to determine if local approval requirements and negotiation and arbitration requirements apply to an existing facility.
NR 670.007(2)(2)An applicant proposing to construct a hazardous waste disposal facility may submit an initial site report to the department. prior to submitting the operating license application. The purpose of an initial site report is to obtain a preliminary opinion from the department on the feasibility of the site for development as a disposal facility. A favorable opinion under this section does not guarantee a favorable determination of site feasibility. If an initial site report is submitted, it must contain the following information at a minimum:
NR 670.007(2)(a)(a) General site information. Identify the project title; name, address and phone number of the primary contacts including the proposed owner, operator and any consultants; present property owner; site location by quarter section; identification of adjacent landowners; total acreage of the property and proposed licensed acreage; proposed site life and design capacity; estimated waste types and volumes, and preliminary design configuration.
NR 670.007(2)(b)(b) Regional geotechnical information. Include a discussion of the regional setting of the proposed disposal facility. This discussion may be limited to information available from publications, although field verification may be desirable. Address the following items:
NR 670.007(2)(b)1.1. Topography, including predominant topographic features.
NR 670.007(2)(b)2.2. Hydrology and hydrogeology, including surface water drainage patterns and significant hydrologic features; groundwater flow direction and the identification of aquifers used for supply wells.
NR 670.007(2)(b)3.3. Geology, including the nature and distribution of bedrock and unconsolidated deposits.
NR 670.007(2)(b)4.4. Zoning and present land uses, with emphasis on known recreational, historic or archeological areas, and present or proposed access roads and weight restrictions.
NR 670.007(2)(c)(c) Site specific geotechnical information. Conduct field investigations to define the following:
NR 670.007(2)(c)1.1. Install soil borings to investigate the site specific geology. Extend borings to a minimum of 25 feet below the anticipated facility sub-base grade and distribute in a grid pattern throughout the area. Conduct at least one boring per 5 acres, with a minimum of 5 borings.
NR 670.007(2)(c)2.2. Install observation wells, in accordance with ch. NR 141 requirements, to investigate the site specific hydrogeology.
NR 670.007(2)(d)(d) Data analysis and design recommendations. Provide an analysis of the results from the regional geotechnical information, land use and groundwater investigation; give preliminary conclusions and recommendations on facility development, including a discussion of factors that may affect the development, design or operation of the proposed disposal facility.
NR 670.007 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.