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 C - License Conditions › Section NR 670.030 - Conditions applicable to all operating licenses

Current through June 24, 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.