Current through August 26, 2024
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 licensee 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 expiration
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
reasonable 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 facilities 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 performance,
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
facilities 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 operations
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 records 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 incorporate 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 following 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 requirements 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).
