Section NR 520.04 - Licenses and fees(1) ISSUANCE OF AN OPERATING LICENSE. No person may operate or maintain a solid waste facility without an operating license from the department unless an exemption is granted under ss. NR 500.08, 502.05, 502.06, 502.07, 502.08, 502.09, 502.12 and 502.13. The license period shall be for one year. (a) Application for an initial license for a new solid waste facility may be submitted at any time during the license period. Initial licenses issued during the license period shall expire at the end of that license period. The applicant for initial licensing of a facility shall submit the appropriate fees as shown in Table 2 or Table 3, whichever is applicable.(b) Each year, the department will mail renewal application forms to existing license holders. Applicants failing to submit the relicensing application to the department within the specified time shall pay a late processing fee equal to 50% of the renewal fee or $150.00, whichever is less, in addition to the relicensing fee.(c) Application for an operating license shall be submitted on forms supplied by the department and shall be accompanied by the appropriate fees as shown in Table 2 or Table 3, whichever is applicable.(d)1. In addition to the license fee specified in table 3, owners or operators of landfills shall pay a license fee surcharge to the department based upon the number of tons or equivalent volume of solid waste disposed of at each landfill during each quarterly reporting period.2. The amount of the surcharge payable under subd. 1. shall be determined by multiplying the number of tons or equivalent volume of solid waste disposed of during each quarterly reporting period by a tonnage rate established in subd. 3.3. The tonnage rate shall be 9.0 cents/ton through March 31, 2004, 12.0 cents/ton effective April 1, 2004, 14 cents/ton effective July 1, 2004, and 15.0 cents/ton effective July 1, 2005 and beyond.4. Owners or operators of landfills shall submit quarterly reports on forms supplied by the department accompanied by the amount of the surcharge calculated under this section within 30 days after the end of each successive reporting period. Note: The forms will be mailed to the landfill owners or operators by the Department on a quarterly basis.
5. The department shall hold a public meeting annually in September to review the status of and projections for the waste management program revenue account. If, for 3 consecutive fiscal years, the end of year account balance is greater than 20% of the expenditure level of the program revenue account authorized in s. 20.370(4) (dg), Stats., the department shall submit to the natural resources board proposed rule revisions with appropriate justification for the modification of the surcharge payable under this paragraph to more closely align revenues with expenditures in accordance with s. 289.61(3), Stats. The proposed rule revisions shall be submitted within 180 days after the date of the public meeting.(e) Except as provided in s. NR 500.065, license fees for solid waste facilities are not refundable.(2) TRANSFER OF AN OPERATING LICENSE. Upon payment of the transfer fee shown in Table 3, the department will issue a new operating license to a person acquiring rights of ownership, possession or operation of a licensed facility in accordance with s. 289.46, Stats. Feasibility approvals and plan of operation approvals are not transferable prior to the licensing of a facility.(3) LICENSURE DURING THE CLOSURE AND LONG-TERM CARE PERIOD. The owner or operator and any successor in interest shall maintain a license during the closure and long-term care period indicated in s. 289.41(1m), Stats. The license fees are specified in Table 3.(4) PLAN REVIEW AND LICENSE FEES. For the purposes of determining plan review and license fees, the following shall apply:(a) Plan review fees shall be charged in accordance with Tables 2, 3 and 5.(b) When an applicant requests in writing that the department's plan review determination be issued in a shorter time interval than the total time interval allowed under ss. 289.24(3), 289.29(4) and 289.30(6), Stats., or s. NR 500.07, and the department complies within one half of the total time interval allowed following receipt of a complete submittal, one of the following fees in addition to those specified in Table 2 or Table 3 shall apply:1. $3,000 for an initial site report.2. $3,000 for a pre-feasibility report.3. $10,000 for a feasibility report.4. $3,500 for a landfill, incinerator, municipal solid waste combustor, or processing facility plan of operation report.5. $1,000 for a landfill construction documentation report.6. $1,500 for a landfill plan modification.7. $1,000 for any other non-landfill submittal.(c) License fees shall be based on the design capacity of the facility being licensed including solid waste already deposited at the facility. For facilities which do not have a plan approval, the department shall make a reasonable estimate of the capacity of the facility based on licensed acreage and probable depth of fill and shall charge a fee accordingly.(5) CONSTRUCTION INSPECTION FEES. A construction inspection fee as specified in Table 2 or 3, as applicable, required under s. NR 500.09 shall be paid to the department by the applicant at the time of submittal of a construction documentation report or as specified in the plan approval. A maximum of 10 inspections per major phase of construction may be required.(6) CERTIFICATION FEES FOR SOLID WASTE DISPOSAL FACILITY OPERATORS. Fees for examination, certification, recertification, program approvals, and interim status approvals as required under ch. NR 524 shall be as follows: (a) Examination for facility manager $50.00(b) Examination for site operator $50.00(c) Facility manager initial certification or recertification $150.00(d) Site operator initial certification or recertification $150.00(g) Interim facility manager certification $150.00(h) Interim site operator certification $150.00(i) Late processing fee for recertification as required in s. NR 524.12(3) $100.00(7) COMPLIANCE INSPECTION FEES FOR EXEMPT NON-LANDFILL FACILITIES. Compliance inspection fees as required under ss. NR 502.05(3) (k) 8. and 502.07(2r) (g) shall be paid to the department by the applicant in the amount specified in ch. NR 520, Table 2.Wis. Admin. Code Department of Natural Resources NR 520.04
Cr. Register, January, 1988, No. 385, eff. 2-6-88; am. (1) (intro.), (a) and (2), Register, September, 1989, No. 405, eff. 10-1-89; am. (4), Register, May, 1992, No. 437, eff. 6-1-92; cr. (6), Register, May, 1994, No. 461, eff. 6-1-94; am. Table 1, Register, October, 1994, No. 466, eff. 11-1-94; am. (1) (intro.), (a) to (c), (2), (3), (4) (intro.), (a), cr. (1m), Register, June, 1996, No. 486, eff. 7-1-96; renum. (1) (d) to be (1) (e), (4) (b) to be (4) (c), cr. (1) (d) and (4) (b), r. (1m), Register, August, 1997, No. 500, eff. 9-1-97, except cr. (1) (d) and r. (1m) eff. 10-1-97; am. (1) (d) 1. and (1) (e), Register, September, 1998, No. 513, eff. 10-1-98; CR 02-145: r. and recr. (1) (d), am. (5) Register December 2003 No. 576, eff. 1-1-2004; CR 04-077: am. (4) (a) Register November 2005 No. 599, eff. 12-1-05; CR 05-020: r. (6) (e) and (f), cr. (7) Register January 2006 No. 601, eff. 2-1-06; correction in (6) (i) made under s. 13.93(2m) (b) 7, Stats., Register January 2006 No. 601; CR 06-025: am. (1) (d) 5. Register May 2007 No. 617, eff. 6-1-07.Amended by, correction in (1) (d) 5. made under s. 13.92(4) (b) 7, Stats., Register December 2018 No. 756, eff. 1/1/2019Amended by, EmR2123: emerg. am. (6) (a), (b), eff. 8-21-21; CR 21-068: am. (6) (a), (b) Register April 2022 No. 796, eff. 5/1/2022