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WISCONSIN ADMINISTRATIVE CODE
DEPARTMENT OF NATURAL RESOURCES
CHAPTER NR 680. PLAN REVIEW AND LICENSING
Date:
08/31/2009
Document:
NR 680.42 Conditions applicable to all licenses.
All of the conditions applicable to a license shall be incorporated into the license either expressly or by reference. The following conditions shall apply to all licenses, including interim licenses:
(1) The licensee shall comply with all conditions of the license, the provisions of ch. 291, Stats., the applicable requirements of chs. NR 600 to 685, any plan approval and modifications thereof and any special order and modifications thereof issued by the department, except as otherwise authorized by the department under ss. NR 680.50 and 680.51.
(2) If a licensee wishes to continue an activity regulated by a license after the expiration date of the license, the licensee shall apply for a new license. Section 227.51 (2), Stats., provides: "When a licensee has made timely and sufficient application for the renewal of a license or a new license with reference to any activity of a continuing nature, the existing license does not expire until the application has been finally acted upon by the agency, and, if the application is denied or the terms of the new license are limited, until the last day for seeking review of the agency decision or a later date fixed by order of the reviewing court."
(3) 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) All renewal applications, and all reports or other information submitted to the department by the licensee shall be signed and certified as specified in s. NR 680.41.
(5) For a new facility, the licensee may not commence treatment, storage or disposal of hazardous waste, and for a facility being modified or expanded the licensee may not treat, store or dispose of hazardous waste in the modified or expanded portion of the facility, until the licensee has received written approval from the department. Changes in the types of hazardous wastes handled or changes in the processes used to treat, store or dispose of hazardous wastes may constitute a facility modification or expansion. The owner or operator shall give prior written notice to the department of any plans to change facility operation so the department can determine whether the change constitutes a facility modification or expansion. The licensee may not treat, store or dispose of hazardous waste in any newly constructed, modified or expanded portion of a facility, if the department has determined that the construction requires a plan or report submittal and subsequent approval, until:
(a) The requirements of s. NR 680.31 are met for a newly constructed facility;
(b) The licensee has submitted to the department, by certified mail or hand delivery, a construction observation report signed by the licensee and sealed by a registered professional engineer, documenting that the construction is in compliance with the license and any department plan approval; and
(c) 1. The department has inspected the newly constructed, modified or expanded portion of the facility and finds it in compliance with the license and any department plan approval; or
2. The department has notified the licensee in writing that the inspection requirement under subd. 1. is waived.
(6) The licensee shall at all times maintain in good working order and operate efficiently all facilities and systems of treatment or control and related appurtenances which are installed or used by the licensee to achieve compliance with the terms and conditions of the license. Proper operation and maintenance includes, but is not limited to, effective performance based on designed facility removals, adequate funding, effective management, adequate operator staffing and training, and adequate laboratory and process controls, including appropriate quality assurance procedures.
(7) The licensee shall, upon the request of any officer or employe of the department, allow departmental personnel, at reasonable times and with notice no later than upon arrival, to:
(a) Enter the licensee's premises where a regulated facility or activity is located or conducted or where hazardous waste records are kept;
(b) Have access to, and copy at reasonable times, records or labels that are being kept;
(c) Inspect at reasonable times any facility's equipment, including monitoring equipment, or operations regulated under the license; and
(d) Sample or monitor any substance or parameters at any location where a regulated facility or activity is located or conducted, in compliance with the requirements of s. 291.91 (2), Stats.
(8) The licensee shall report to the department any noncompliance which may endanger human health or the environment. The information which is required to be included in a written report under this subsection shall be provided orally to the appropriate district office of the department within 24 hours from the time the licensee becomes aware of the circumstances. A written report shall be submitted within 5 days of the time the licensee becomes aware of the circumstances. The department may allow the licensee up to 15 days to submit a written report if an extension is requested by the licensee. The written report shall contain:
(a) Name, address and telephone number of the owner or operator.
(b) Name, address and telephone number of the facility.
(c) A description of the noncompliance and the period of noncompliance, including exact date and time, and if the noncompliance has not been corrected, the anticipated time the noncompliance is expected to continue.
(d) Name and quantity of material 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, including information concerning the release of any substance which may cause contamination of a drinking water supply.
(g) Estimated quantity and disposition of recovered material that resulted from the incident.
(h) The known or suspected causes of the noncompliance and a statement describing the measures taken to investigate the noncompliance to determine its cause.
(i) Steps taken, or planned, to reduce or eliminate and prevent recurrence of the noncompliance.
(9) The licensee shall notify the division of emergency government and comply with the requirements of s. NR 630.22 (2), s. 292.11, Stats., and ch. NR 158 if a discharge of hazardous waste or hazardous substance, or a fire or explosion occurs at the licensed facility.
(10) In the event of noncompliance with the license, the licensee shall take all necessary steps to minimize discharges to the environment, and shall take all necessary steps to minimize any adverse impacts on human health or the environment.
(11) (a) Monitoring results shall be reported at the intervals and format specified in the approved plan of operation or license and in accordance with s. NR 630.40.
(b) The licensee shall meet all requirements specified in the plan of operation or license concerning the proper use, maintenance and installation, when appropriate, of monitoring equipment or methods, including biological monitoring methods, when appropriate.
(c) Samples and measurements taken for the purpose of monitoring shall be representative of the monitored activity.
(d) The licensee shall retain records of all monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, copies of all reports required by the license, records of all data used to complete the application for the license, and, except for facilities operating under an interim license, the waste minimization certification required by s. NR 630.32 (1) for a period of at least 3 years from the date of the sample, measurement, report, application or certification. 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.
(e) Records for monitoring information shall include;
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; and
6. The results of the analyses.
(f) The licensee shall report, at the time monitoring results are submitted, all instances of noncompliance not reported under sub. (8). Reports shall contain the information required in sub. (8) (a) to (i).
(12) Reports of compliance with, and any progress on, interim and final requirements contained in any compliance schedule under the license shall be submitted no later than 14 days following each schedule date.
(13) The licensee shall within a reasonable time furnish information to the department needed to determine whether cause exists to modify, suspend or revoke the license or to determine compliance with the license. The licensee shall also furnish to the department, upon request, copies of records required by the license.
(14) The license does not convey any property rights of any sort, or any exclusive privilege.
(15) The following reports shall be submitted to the department:
(a) Manifest discrepancy report. If a significant discrepancy in a manifest as explained in s. NR 630.30 (6) is discovered, the licensee shall attempt to reconcile the discrepancy. If not resolved within 15 days, the licensee shall submit a report, including a copy of the manifest, to the department as required by s. NR 630.30 (6).
(b) Unmanifested waste report. An unmanifested waste report shall be submitted to the department within 15 days of receipt of unmanifested waste as required by s. NR 630.40 (2).
(c) Annual report. An annual report shall be submitted covering facility activities during the previous calendar year as specified in s. NR 630.40 (1).
(d) Additional reports. Additional reports as specified in s. NR 630.40 (3) shall be submitted if necessary.
(16) The licensee shall submit required documentation and take any action necessary to ensure protection of human health and the environment. The department may require documentation or action after inspecting the facility or reviewing any submittals, reports or plans.
(17) The license may be modified, suspended or revoked for the reasons outlined in ss. NR 680.43 and 680.45. The submittal of a request by the licensee for license modification, suspension or revocation or a notification of planned changes or anticipated noncompliance, does not stay the effectiveness of any license condition.
(18) Where the licensee becomes aware that there was a failure to submit relevant facts in any reports, plans or other information submittal, or that incorrect information was submitted, the licensee shall promptly submit the facts or information to the department.
(18m) INFORMATION REPOSITORY. The department may require the licensee to establish and maintain an information repository at any time, based on the factors in s. NR 680.06 (15) (a). The information repository will be governed by s. NR 680.06 (15) (b) through (e).
(19) In addition to the conditions required for all licenses, the department may establish conditions, as required on a case-by-case basis, to ensure compliance with chs. NR 600 to 685.
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