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 D - Changes to Licenses › Section NR 670.041 - Modification or revocation and reissuance of licenses

Current through June 24, 2024
When the department receives any information (for example,
					 inspects the facility, receives information submitted by the licensee as
					 required in the license (see s.
					 NR
					 670.030 ), receives a request for revocation and
					 reissuance under s.
					 NR
					 670.405 or conducts a review of the license file), the
					 department may determine whether one or more of the causes listed in subs. (1)
					 and (2) for modification, or revocation and reissuance or both exist. If cause
					 exists, the department may modify or revoke and reissue the license
					 accordingly, subject to the limitations of sub. (3), and may request an updated
					 application if necessary. When a license is modified, only the conditions
					 subject to modification are reopened. If a license is revoked and reissued, the
					 entire license is reopened and subject to revision and the license is reissued
					 for a new term. (See s.
					 NR
					 670.405(3) (b).) If cause does not
					 exist under this section or s.
					 289.30(8),
					 Stats., the department may not modify or revoke and reissue the license, except
					 on request of the licensee. If a license modification is requested by the
					 licensee, the department shall approve or deny the request according to the
					 procedures of s.
					 NR
					 670.042 or 670.320. Otherwise, a preliminary
					 determination of the feasibility and plan of operation report shall be prepared
					 and other procedures in ss.
					 NR 670.401 to
					 670.433 followed.
(1) CAUSES FOR
				  MODIFICATION. The following are causes for modification, but not revocation and
				  reissuance, of licenses; the following may be causes for revocation and
				  reissuance, as well as modification, when the licensee requests or agrees.
(a)
Alterations
. There are
				  material and substantial alterations or additions to the licensed facility or
				  activity which occurred after license issuance which justify the application of
				  license conditions that are different or absent in the existing
				  license.
(b)
Information
. The department has received information. Licenses
				  may be modified during their terms for this cause only if the information was
				  not available at the time of license issuance (other than revised rules,
				  guidance or test methods) and would have justified the application of different
				  license conditions at the time of issuance.
(c)
New statutory requirements or
				  rules
. The standards or rules on which the license was based have been
				  changed by statute, through promulgation of new or amended standards or rules,
				  or by judicial decision after the license was issued.
(d)
Compliance schedules
.
				  The department determines good cause exists for modification of a compliance
				  schedule, such as an act of God, strike, flood or materials shortage or other
				  events over which the licensee has little or no control and for which there is
				  no reasonably available remedy.
(e)
				  Notwithstanding any other provision in this section, when a license for a land
				  disposal facility is reviewed by the department under s.
				  NR
				  670.050(4), the department shall
				  modify the license as necessary to assure that the facility continues to comply
				  with the currently applicable requirements in chs. NR 660 to 666 and
				  670.