Wisconsin Administrative Code
Department of Natural Resources
NR 600-699 - Environmental Protection - Hazardous Waste Management
Chapter NR 670 - Hazardous Waste Licensing And Decisionmaking Procedures
Subchapter L - General Decisionmaking Procedures
Section NR 670.405 - Modification, revocation and reissuance, or revocation or denial of licenses

Universal Citation: WI Admin Code § NR 670.405

Current through August 26, 2024

(1) Licenses may be modified, revoked and reissued, or revoked or denied either at the request of any interested person, including the licensee, or upon the department's initiative. However, licenses may only be modified, revoked and reissued, or revoked or denied for the reasons specified in ss. NR 670.010(5) (e), 670.041, 670.043 and s. 291.87(1m), Stats. All requests shall be in writing and shall contain facts or reasons supporting the request.

(2) If the department decides the request is not justified, the department shall send the requester a brief written response giving a reason for the decision. Denials of requests for modification, revocation and reissuance, or revocation or denial are not subject to public notice, comment, or hearings.

(3)

(a) If the department tentatively decides to modify or revoke and reissue a license under s. NR 670.041 or 670.042(3), the department shall prepare a preliminary determination under s. NR 670.406 incorporating the proposed changes. The department may request additional information and, in the case of a modified license, may require the submission of an updated application. In the case of revoked and reissued licenses, other than under s. NR 670.041(2) (c), the department shall require the submission of a new license application. In the case of revoked and reissued licenses under s. NR 670.041(2) (c), the department and the licensee shall comply with the appropriate requirements in subch. J. of ch. NR 670, for standardized licenses.

(b) In a license modification under this section, only those conditions to be modified shall be reopened when a new preliminary determination is prepared. All other aspects of the existing license shall remain in effect for the duration of the unmodified license. When a license is revoked and reissued under this section, the entire license is reopened just as if the license had expired and was being reissued. During any revocation and reissuance proceeding the licensee shall comply with all conditions of the existing license until a new final license is reissued.

(4) If the department tentatively decides to revoke or deny a license under s. NR 670.043 where the licensee objects, the department shall issue a notice of intent to revoke or deny.

Note: Procedures for revocation, suspension or denial of a license are found in s. 291.87, Stats.

(5) All preliminary determinations, including notices of intent to revoke or deny, prepared under this section shall be based on the administrative record as defined in s. NR 670.409.

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