Header:
WISCONSIN ADMINISTRATIVE CODE
DEPARTMENT OF NATURAL RESOURCES
CHAPTER NR 670 HAZARDOUS WASTE LICENSING AND DECISIONMAKING PROCEDURES
SUBCHAPTER C -- LICENSE CONDITIONS
Date:
02/18/2014
Document:
NR 670.030 Conditions applicable to all operating licenses
The following conditions apply to all hazardous waste licenses, and shall be incorporated into the operating license either expressly or by reference. If incorporated by reference, a specific citation to this chapter shall be given in the license.
(1) DUTY TO COMPLY. The licensee shall comply with all conditions of the operating license, except that the licen-see need not comply with the conditions of the operating license to the extent and for the duration the noncompliance is authorized in an emergency license under s. NR 670.061. Any license noncompliance, except under the terms of an emergency license, constitutes a violation of ch. 291, Stats., and chs. NR 660 to 673 and is grounds for enforcement action; for license revocation, suspension, or modification; or for denial of a license reissuance application.
(2) DUTY TO REAPPLY. If the licensee wishes to continue an activity regulated by an operating license after the ex-piration date of the operating license, the licensee shall apply for and obtain a new operating license.
(3) NEED TO HALT OR REDUCE ACTIVITY NOT A DEFENSE. It is not a defense for a licensee in an enforcement action that it would have been necessary to halt or reduce the licensed activity in order to maintain compliance with the conditions of the license.
(4) LICENSE NONCOMPLIANCE. In the event of noncompliance with the license, the licensee shall take all reasona-ble steps to minimize releases to the environment, and shall carry out such measures as are reasonable to prevent significant adverse impacts on human health or the environment.
(5) PROPER OPERATION AND MAINTENANCE. The licensee shall at all times properly operate and maintain all fa-cilities and systems of treatment and control (and related appurtenances) which are installed or used by the licensee to achieve compliance with the conditions of the license. Proper operation and maintenance includes effective per-formance, adequate funding, adequate operator staffing and training, and adequate laboratory and process controls, including appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facili-ties or similar systems only when necessary to achieve compliance with the conditions of the license.
(6) LICENSE ACTIONS. A license may be modified, suspended, or revoked. The filing of a request by the licensee for a license modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance, does not stay any license condition.
(7) PROPERTY RIGHTS. The license does not convey any property rights of any sort, or any exclusive privilege.
(8) DUTY TO PROVIDE INFORMATION. The licensee shall furnish to the department, within a reasonable time, any relevant information which the department may request to determine whether cause exists for modifying, revoking or suspending the license, or to determine compliance with the license. The licensee shall also furnish to the department, upon request, copies of records required to be kept by the license.
(9) INSPECTION AND ENTRY. The licensee shall allow any employee, officer or authorized representative of the department, with notice provided no later than upon arrival, to do all of the following:
(a) Enter the licensee's premises where a regulated facility or activity is located or conducted, or where records are kept.
(b) Have access to and copy, at reasonable times, any records relating to hazardous waste.
(c) Inspect any facilities, vehicles, equipment (including monitoring and control equipment), practices or opera-tions and any hazardous waste facility construction project.
(d) Monitor or sample, in compliance with s. 291.91 (2), Stats., any substances or parameters at any location where a regulated facility or activity is located or conducted.
(10) MONITORING AND RECORDS. (a) Samples and measurements taken for the purpose of monitoring shall be representative of the monitored activity.
(b) The licensee shall retain records of all monitoring information, including all calibration and maintenance rec-ords and all original strip chart recordings for continuous monitoring instrumentation, copies of all reports required by this license, the certification required by s. NR 664.0073 (2) (i), and records of all data used to complete the application for this license, for a period of at least 3 years from the date of the sample, measurement, report, certification or application. This period may be extended by request of the department at any time. The licensee shall maintain records from all groundwater monitoring wells and associated groundwater surface elevations, for the active life of the facility, and for disposal facilities for the long-term care period as well.
(c) Records for monitoring information shall include all of the following:
1. The date, exact place and time of sampling or measurements.
2. The individuals who performed the sampling or measurements.
3. The dates analyses were performed.
4. The individuals who performed the analyses.
5. The analytical techniques or methods used.
6. The results of these analyses.
(11) SIGNATORY REQUIREMENTS. All applications, reports or information submitted to the department shall be signed and certified (see s. NR 670.011).
(12) REPORTING REQUIREMENTS. (a) Planned changes. The owner or operator shall give notice to the department as soon as possible of any planned physical alterations or additions to the licensed facility.
(b) Anticipated noncompliance. The owner or operator shall give advance notice to the department of any planned changes in the licensed facility or activity which may result in noncompliance with license requirements. For a new facility, the owner or operator may not treat, store or dispose of hazardous waste; and for a facility being modified, the owner or operator may not treat, store or dispose of hazardous waste in the modified portion of the facility except as provided in s. NR 670.042, until the owner or operator has submitted to the department by certified mail or hand delivery a letter signed by the owner or operator and a registered professional engineer stating that the facility has been constructed or modified in compliance with the approved feasibility and plan of operation report and one of the following:
1. The department has inspected the modified or newly constructed facility and finds it is in compliance with the conditions of the approved feasibility and plan of operation report.
2. Within 15 days of the date of submission of the letter in this paragraph, the owner or operator has not received notice from the department of the department's intent to inspect, prior inspection is waived and the department shall proceed with issuing the operating license.
(c) Transfers. This license is not transferable to any person except after notice to the department. The department may require modification or revocation and reissuance of the license to change the name of the licensee and incorpo-rate other requirements as may be necessary under s. 289.61, Stats., and s. NR 670.040.
(d) Monitoring reports. Monitoring results shall be reported at the intervals specified elsewhere in this license.
(e) Compliance schedules. Reports of compliance or noncompliance with, or any progress reports on, interim and final requirements contained in any compliance schedule of this license shall be submitted no later than 14 days fol-lowing each schedule date.
(f) Twenty four hour reporting. 1. The licensee shall orally report any noncompliance which may endanger health or the environment within 24 hours from the time the licensee becomes aware of the circumstances, including all of the following:
a. Information concerning release of any hazardous waste that may cause an endangerment to public drinking water supplies.
b. Any information of a release or discharge of hazardous waste or of a fire or explosion from the HWM facility, which could threaten the environment or human health outside the facility.
2. The description of the occurrence and its cause shall include all of the following:
a. Name, address and telephone number of the owner or operator.
b. Name, address and telephone number of the facility.
c. Date, time and type of incident.
d. Name and quantity of materials involved.
e. The extent of injuries, if any.
f. An assessment of actual or potential hazards to the environment and human health outside the facility, where this is applicable.
g. Estimated quantity and disposition of recovered material that resulted from the incident.
3. A written submission shall also be provided to the department within 5 days of the time the licensee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance and its cause; the period of noncompliance including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate and prevent reoccurrence of the noncompliance. The department may waive the 5 day written notice requirement in favor of a written report within 15 days.
Note: A person responsible for the discharge of a hazardous substance must comply with the applicable require-ments of s. 292.11, Stats. and ch. NR 706 which includes giving notice to division of emergency management at (800) 943-0003.
(g) Manifest discrepancy report. If a significant discrepancy in a manifest is discovered, the licensee shall attempt to reconcile the discrepancy. If not resolved within 15 days, the licensee shall submit a letter report, including a copy of the manifest, to the department (see s. NR 664.0072).
(h) Unmanifested waste report. An unmanifested waste report shall be submitted to the department within 15 days of receipt of unmanifested waste (see s. NR 664.0076).
(i) Annual report. An annual report shall be submitted covering facility activities during each calendar year (see s. NR 664.0075).
(j) Other noncompliance. The licensee shall report all instances of noncompliance not reported under pars. (d), (e) and (f), at the time monitoring reports are submitted. The reports shall contain the information listed in par. (f).
(k) Other information. Where the licensee becomes aware that it failed to submit any relevant facts in the license application, or submitted incorrect information in the license application or in any report to the department, it shall promptly submit the facts or information.
(13) Information repository. The department may require the licensee to establish and maintain an information repository at any time, based on the factors set forth in s. NR 670.433 (2). The information repository will be governed by the provisions in s. NR 670.433 (3) to (6).
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