Wisconsin Administrative Code
Department of Natural Resources
NR 600-699 - Environmental Protection - Hazardous Waste Management
Chapter NR 660 - Hazardous Waste Management: General
Subchapter C - Rulemaking Petitions
Section NR 660.33 - Procedures for variances from classification as a solid waste or to be classified as a boiler, or applications for non-waste determinations
Current through August 26, 2024
The department will use all of the following procedures in evaluating applications for variances from classification as a solid waste or applications to classify particular enclosed controlled flame combustion devices as boilers, or applications for non-waste determinations:
(1) The applicant shall apply to the department for the variance. The application shall address the relevant criteria contained in s. NR 660.31, 660.32, or 660.34, as applicable.
(2) The department will evaluate the application and issue a draft notice tentatively granting or denying the application. Notification of this tentative decision will be provided by newspaper advertisement or radio broadcast in the locality where the recycler is located. The department will accept comment on the tentative decision for 30 days, and may also hold a public hearing upon request or at the department's discretion. The department will issue a final decision after receipt of comments and after the hearing (if any).
(3) In the event of a change in circumstances that affects how a hazardous secondary material meets the relevant criteria contained in s. NR 660.31, 660.32, or 660.34 upon which a variance or non-waste determination has been based, the applicant shall send a description of the change in circumstances to the department. The department may issue a determination that the hazardous secondary material continues to meet the relevant criteria of the variance or non-waste determination or may require the facility to re-apply for the variance or non-waste determination.
(4) A variance or non-waste determination shall be effective for a fixed term not to exceed 10 years. No later than 6 months prior to the end of that term, a facility shall re-apply for a variance or non-waste determination. If a facility re-applies for a variance or non-waste determination within 6 months prior to the end of the term, the facility may continue to operate under an expired variance or non-waste determination until receiving a decision on its re-application from the department.
(5) A facility receiving a variance or non-waste determination shall provide notification as required under s. NR 660.42.
