Header:
WISCONSIN ADMINISTRATIVE CODE
DEPARTMENT OF NATURAL RESOURCES
CHAPTER NR 620. TRANSPORTER STANDARDS AND LICENSING REQUIREMENTS
Date:
08/31/2009
Document:
NR 620.15 Hazardous waste transportation service license.
(1) (a) An application for a transportation service license shall be submitted on forms supplied by the department and shall be accompanied by the fee specified in s. NR 680.45.
Note: These forms may be obtained at no charge from the Department of Natural Resources. Out of state facilities may contact the department at P.O. Box 8094, Madison, WI 53708-8094. In state facilities should contact the department region offices.
(b) Each location at which a person transporting hazardous waste bases transport vehicles, such as one generation site at which transport vehicles are based which transport hazardous wastes to or from other generation sites owned by the same person, or a centralized transport vehicle terminal, shall be licensed as a separate transportation service. An application form and fee for each separate transportation service shall be submitted to the district office of the department in the district where the transportation service is located. A person who transports hazardous waste into or through Wisconsin, but whose operation is based out-of-state, shall submit an application form and fee for a transportation service license in the district where the hazardous waste transportation activity is concentrated.
(c) The department shall notify the applicant that the application for a hazardous waste transportation service license has been approved or denied within 65 business days after the application is received by the department.
(d) If the department fails to approve or deny an application for issuance or renewal of a hazardous waste transportation service license within 65 business days after a complete application is received by the department or by the date of expiration of the current license, whichever occurs later, the department shall refund fees paid by the applicant for the hazardous waste transportation service license.
(2) (a) All license applications shall be signed as follows, by both the operator and the owner where a facility is operated by one person and owned by another:
1. For a corporation, by a responsible corporate officer. For the purpose of this subdivision a responsible corporate officer means:
a. A president, secretary, treasurer, or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation; or
b. The manager of one or more manufacturing, production or operating facilities employing more than 250 persons or having gross annual sales or expenditures exceeding $ 25 million, in second-quarter 1980 dollars, if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.
Note: The department does not require specific assignments or delegations of authority to responsible corporate officers identified in subpar. a. The department shall presume that these responsible corporate officers have the requisite authority to sign permit applications unless the corporation has notified the department to the contrary. Corporate procedures governing authority to sign permit applications may provide for assignment or delegation to applicable corporate positions under subpar. b. rather than to specific individuals.
2. For a partnership or sole proprietorship, by a general partner or the proprietor, respectively; or
3. For a municipality, state, federal or other public agency, by either a principal executive officer or ranking elected official. For the purposes of this subdivision, a principal executive officer of a federal agency includes:
a. The chief executive officer of the agency; or
b. A senior executive officer having responsibility for the overall operations of a principal geographic unit of the agency.
(b) All reports required by the department, other than manifests, shall be signed by a person designated in par. (a), or by a duly authorized representative of the person if:
1. The authorization is made in writing by the person designated under par. (a);
2. The authorization specifies an individual or position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, superintendent or position of equivalent responsibility; and
3. The written authorization is submitted to the department.
(c) If an authorization under par. (b) is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of par. (b) shall be submitted to the department prior to or together with any reports to be signed by an authorized representative.
(d) Any person signing a hazardous waste transporation service license application form under sub. (1) (a) shall make the following certification: "I hereby certify that the above information and attachments are accurate and complete."
(3) (a) The issuance of a license does not authorize any injury to persons or private property, any invasion of other private rights, or any infringement of federal, state or local law.
(b) Compliance with a license during its term constitutes compliance with ch. 291, Stats. However, a license may be revoked during its term or its renewal may be denied for any of the reasons in s. NR 620.15 (4) or 680.43 (1), (2) and (3). A license or a plan approval may be modified for cause, as in s. NR 680.07 (3).
(c) Whenever rights of ownership, possession or operation in a licensed hazardous waste transportation service are transferred, licensing shall be in accordance with s. 289.46, Stats. Written documentation of the acquisition of rights and a written agreement containing a specific date of transfer of responsibility shall be submitted to the department. If a transfer of license application form is not available from the department, the new owner or operator shall submit an application for a transportation service license, on a form available from the department. Transfer of responsibility requests shall be submitted as a request to modify a license or plan approval under s. NR 680.07 (5) (a). The previous owner shall be responsible for compliance with the requirements specified in s. NR 600.05 and ch. NR 620 until the person acquiring the rights of ownership, possession or operation has demonstrated compliance with the requirements specified in s. NR 600.05 and ch. NR 620. The person acquiring the rights of ownership, possession or operation shall demonstrate to the department compliance with the requirements in s. NR 600.05 and ch. NR 620 within 6 months after the transfer of responsibility. The previous owner shall continue to be responsible for compliance with the requirements in s. NR 600.05 and ch. NR 620 if the person acquiring the rights of ownership, possession or operation fails to demonstrate compliance with those requirements.
Note: These forms may be obtained at no charge from the department of natural resources. Out of state facilities may contact the department at P.O. Box 8094, Madison, WI 53708-8094. In state facilities should contact the department region offices.
(4) A hazardous waste transportation service license may be revoked during its term, or its issuance or renewal may be denied for grievous and continuous failure of the equipment operator to comply with a requirement of chs. NR 600 to 685, ch. 291, Stats., any special order, plan approval or term or condition of a license or variance issued under those sections.
(5) 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:
(a) The licensee shall comply with all conditions of the license, the provisions of chs. 291 and 292, Stats., the applicable requirements of chs. NR 600 to 685, any special order and modifications thereof issued by the department, except as otherwise authorized by the department under s. NR 600.09, 680.50 or 680.51.
(b) 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.
Note: Expiration of an existing license while the department is considering an application for renewal is covered in s. 227.51 (2), Stats.
(c) 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.
(d) All renewal applications, and all reports or other information submitted to the department by the licensee shall be signed and certified as specified in sub. (2).
(e) The licensee shall at all times maintain in good working order and operate efficiently all facilities, systems 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 equipment design, adequate funding, effective management and adequate operator staffing and training.
(f) 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:
1. Enter the licensee's premises where a regulated facility or activity is located or conducted or where hazardous waste records are kept;
2. Have access to, and copy at reasonable times, records or labels that are being kept;
3. Inspect at reasonable times any facility's equipment, including monitoring equipment, or operations regulated under the license; and
4. 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.
(g) 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 paragraph 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:
1. Name, address and telephone number of the owner or operator;
2. Name, address and telephone number of the facility;
3. 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.
4. Name and quantity of material involved;
5. The extent of injuries, if any;
6. 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;
7. Estimated quantity and disposition of recovered material that resulted from the incident;
8. The known or suspected causes of the noncompliance and a statement describing the measures taken to investigate the noncompliance to determine its cause; and
9. Steps taken, or planned, to reduce or eliminate and prevent recurrence of the noncompliance.
(h) 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.
(i) 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.
(j) 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.
(k) The licensee shall furnish information needed to determine whether cause exists to modify, revoke or to determine compliance with the license. The licensee shall also furnish to the department, upon request, copies of records required by the license.
(L) The license does not convey any property rights of any sort, or any exclusive privilege.
(m) The licensee shall submit required documentation and take any action necessary to ensure protection of human health and the environment. The department may require the documentation or action after inspecting the facility or reviewing any submittals, reports or plans.
(n) The license may be modified or revoked for the reasons outlined in sub. (4), s. NR 680.07 or 680.43. The submittal of a request by the licensee for license modification or termination, or a notification of planned changes or anticipated noncompliance, does not stay the effectiveness of any license condition.
(o) 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.
(p) 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 all applicable requirements of chs. NR 600 to 685.
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