NR 670.042(2)(2)Class 2 modifications.
NR 670.042(2)(a)(a) For class 2 modifications, listed in ch. NR 670 Appendix I, the licensee shall submit a modification request to the department that does all of the following:
NR 670.042(2)(a)1.1. Describes the exact change to be made to the license conditions and supporting documents referenced by the license.
NR 670.042(2)(a)2.2. Identifies that the modification is a class 2 modification.
NR 670.042(2)(a)3.3. Explains why the modification is needed.
NR 670.042(2)(a)4.4. Provides the applicable information required by ss. NR 670.013 to 670.029 and 670.062.
NR 670.042(2)(b)(b) The licensee shall send a notice of the modification request to all persons on the facility mailing list and to the appropriate units of state and local government as identified in s. NR 670.410 (3) (a) 9. to 11., and shall publish this notice in a major local newspaper of general circulation. This notice shall be mailed and published within 7 days before or after the date of submission of the modification request, and the licensee shall provide to the department evidence of the mailing and publication. The notice shall include all of the following:
NR 670.042(2)(b)1.1. Announcement of a 45-day comment period, according to par. (e), and the name and address of a department contact to whom comments shall be sent.
NR 670.042(2)(b)2.2. Announcement of the date, time and place for a public meeting held according to par. (d).
NR 670.042(2)(b)3.3. Name and telephone number of the licensee’s contact person.
NR 670.042(2)(b)4.4. Name and telephone number of a department-designated contact person.
NR 670.042(2)(b)5.5. Location where copies of the modification request and any supporting documents can be viewed and copied.
NR 670.042(2)(b)6.6. The following statement: “The licensee’s compliance history during the life of the license being modified is available from the department contact person.”
NR 670.042(2)(c)(c) The licensee shall place a copy of the license modification request and supporting documents in a location accessible to the public in the vicinity of the licensed facility.
NR 670.042(2)(d)(d) The licensee shall hold a public meeting no earlier than 15 days after the publication of the notice required in par. (b) and no later than 15 days before the close of the 45-day comment period. The meeting shall be held to the extent practicable in the vicinity of the licensed facility.
NR 670.042(2)(e)(e) The public shall be provided 45 days to comment on the modification request. The comment period will begin on the date the licensee publishes the notice in the local newspaper. Comments shall be submitted to the department contact identified in the public notice.
NR 670.042(2)(f)(f)
NR 670.042(2)(f)1.1. No later than 90 days after receipt of the notification request, the department shall do one of the following:
NR 670.042(2)(f)1.a.a. Approve the modification request, with or without changes, and modify the license accordingly.
NR 670.042(2)(f)1.b.b. Deny the request.
NR 670.042(2)(f)1.c.c. Determine that the modification request shall follow the procedures in sub. (3) for class 3 modifications for either of the following reasons:
1) There is significant public concern about the proposed modification.
2) The complex nature of the change requires the more extensive procedures of class 3.
NR 670.042(2)(f)1.d.d. Approve the request, with or without changes, as a temporary authorization having a term of up to 180 days.
NR 670.042(2)(f)3.3. If the department approves or denies the modification request during the term of the temporary authorization provided for in subd. 1., this action cancels the temporary authorization.
NR 670.042(2)(f)6.6. In making a decision to approve or deny a modification request, including a decision to issue a temporary authorization or to reclassify a modification as a class 3, the department shall consider all written comments submitted to the department during the public comment period and shall respond in writing to all significant comments in the department’s decision.
NR 670.042(2)(g)(g) The department may deny or change the terms of a class 2 license modification request under par. (f) 1. and 3. for any of the following reasons:
NR 670.042(2)(g)1.1. The modification request is incomplete.
NR 670.042(2)(g)2.2. The requested modification does not comply with ch. NR 664 or other applicable requirements.