NR 665.0118(6)(6) Review of plan. The department will provide the owner or operator and the public, through a newspaper notice, the opportunity to submit written comments on the long-term care plan and request modifications to the plan no later than 30 days from the date of the notice. The department will also, in response to a request or at its own discretion, hold a public hearing whenever such a hearing might clarify one or more issues concerning a long-term care plan. The department will give public notice of the hearing at least 30 days before it occurs. (Public notice of the hearing may be given at the same time as notice of the opportunity for the public to submit written comments, and the 2 notices may be combined.) The department shall approve, modify or disapprove the plan within 90 days of its receipt. If the department does not approve the plan, it shall provide the owner or operator with a detailed written statement of reasons for the refusal and the owner or operator shall modify the plan or submit a new plan for approval within 30 days after receiving the written statement. The department will approve or modify this plan in writing within 60 days. If the department modifies the plan, this modified plan becomes the approved long-term care plan. The department shall ensure that the approved long-term care plan is consistent with s. NR 665.0117, this section, ss. NR 665.0119 and 665.0120. A copy of the modified plan with a detailed statement of reasons for the modifications shall be mailed to the owner or operator. NR 665.0118(7)(7) Modification of plan. The long-term care plan and length of the long-term care period may be modified any time prior to the end of the long-term care period in either of the following 2 ways: NR 665.0118(7)(a)(a) The owner or operator or any member of the public may petition the department to extend or reduce the long-term care period applicable to a hazardous waste management unit or facility based on cause, or alter the requirements of the long-term care period based on cause. NR 665.0118(7)(a)1.1. The petition shall include evidence demonstrating either of the following: NR 665.0118(7)(a)1.a.a. The secure nature of the hazardous waste management unit or facility makes the long-term care requirements unnecessary or supports reduction of the long-term care period specified in the current long-term care plan (e.g., leachate or groundwater monitoring results, characteristics of the wastes, application of advanced technology or alternative disposal, treatment or re-use techniques indicate that the facility is secure). NR 665.0118(7)(a)1.b.b. The requested extension in the long-term care period or alteration of long-term care requirements is necessary to prevent threats to human health and the environment (e.g., leachate or groundwater monitoring results indicate a potential for migration of hazardous wastes at levels which may be harmful to human health and the environment). NR 665.0118(7)(a)2.2. The department will consider these petitions only when they present new and relevant information not previously considered by the department. Whenever the department is considering a petition, it will provide the owner or operator and the public, through a newspaper notice, the opportunity to submit written comments within 30 days of the date of the notice. The department will also, in response to a request or at its own discretion, hold a public hearing whenever a hearing might clarify one or more issues concerning the long-term care plan. The department will give the public notice of the hearing at least 30 days before it occurs. (Public notice of the hearing may be given at the same time as notice of the opportunity for written public comments, and the 2 notices may be combined.) After considering the comments, the department will issue a final determination, based upon the criteria set forth in this paragraph. NR 665.0118(7)(a)3.3. If the department denies the petition, it will send the petitioner a brief written response giving a reason for the denial. NR 665.0118(7)(b)(b) The department may tentatively decide to modify the long-term care plan if it deems it necessary to prevent threats to human health and the environment. The department may propose to extend or reduce the long-term care period applicable to a hazardous waste management unit or facility based on cause or alter the requirements of the long-term care period based on cause. NR 665.0118(7)(b)1.1. The department will provide the owner or operator and the affected public, through a newspaper notice, the opportunity to submit written comments within 30 days of the date of the notice and the opportunity for a public hearing as in par. (a) 2. After considering the comments, the department will issue a final determination. 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 665.0118 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 19-082: am. (5) (b) Register August 2020 No. 776, eff. 9-1-20. 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 665.0119(3)(a)(a) The removal of the notation on the deed to the facility property or other instrument normally examined during title search. NR 665.0119(3)(b)(b) The addition of a notation to the deed or instrument indicating the removal of the hazardous waste. NR 665.0119 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06. 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 665.0121NR 665.0121 Long-term care requirements for facilities that obtain enforceable documents in lieu of long-term care licenses. 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: