Section NR 670.504 - Issuing draft standardized licenses(1) The department shall review the notice of intent and supporting information submitted by the facility owner or operator.(2) The department shall determine whether the facility is or is not eligible to operate under a standardized license.(a) If the facility is eligible for a standardized license, the department shall propose terms and conditions, if any, to include in a supplemental portion. If the department determines that these terms and conditions are necessary to protect human health and the environment and cannot be imposed, the department shall tentatively deny coverage under the standardized license.(b) If the facility is not eligible for a standardized license, the department shall tentatively deny coverage under a standardized license. Cause for ineligibility may include the following: 1. Failure of owner or operator to submit all the information required under s. NR 670.275.2. Information submitted that is required under s. NR 670.275 is determined to be inadequate.3. Facility does not meet the eligibility requirements (activities are outside the scope of the standardized license).4. The facility has demonstrated a history of significant non-compliance with applicable requirements.5. License conditions cannot ensure protection of human health and the environment.(3) The department shall prepare a draft license decision within 120 days after receiving the notice of intent and supporting documents from a facility owner or operator. The department's tentative determination under this section to deny or grant coverage under the standardized license, including any proposed site-specific conditions in a supplemental portion, constitutes a draft license decision. The department may take a one-time extension of 30 days to prepare the draft license decision. When the department intends to use the 30-day extension, it will inform the license applicant during the initial 120-day review period. Reasons for an extension may include completing review of submissions with the notice of Intent (for example, closure plans or waste analysis plans for facilities seeking to manage hazardous waste generated off-site).(4) In preparing the draft license decision, the department shall:(a) Consolidate issuance of an EPA permit and department licensing according to s. NR 670.404, if applicable.(b) Prepare a fact sheet according to s. NR 670.408, except that the timeframes for the public comment period in s. NR 670.508 shall be followed instead of s. NR 670.410.(c) Follow the public notice of license actions and public comment period according to ss. NR 670.410(3) (a) 9. and 10. and 670.507 to 670.509.Wis. Admin. Code Department of Natural Resources NR 670.504
Adopted by, CR 16-007: cr. Register July 2017 No. 739, eff.8/1/2017