Section 665.0121. Long-term care requirements for facilities that obtain enforceable documents in lieu of long-term care licenses.

 

(1)  Owners and operators who are subject to the requirement to obtain a long-term care license under s. NR 670.001 (3) , but who obtain enforceable documents in lieu of long-term care licenses, as provided under s. NR 670.001 (3) (g) , shall comply with all of the following requirements:

(a) The requirements to submit information about the facility in s. NR 670.028 .

(b) The requirements for facility-wide corrective action in s. NR 664.0101 .

(c) The requirements of ss. NR 664.0091 to 664.0100 .

(2)  

(a) The department, in issuing enforceable documents under this section in lieu of licenses, will assure a meaningful opportunity for public involvement which, at a minimum, includes public notice and opportunity for public comment as follows:

1. When the department becomes involved in a remediation at the facility as a regulatory or enforcement matter.

2. On the proposed preferred remedy and the assumptions upon which the remedy is based, in particular those related to land use and site characterization.

3. At the time of a proposed decision that remedial action is complete at the facility. These requirements shall be met before the department may consider that the facility has met the requirements of s. NR 670.001 (3) (g) , unless the facility qualifies for a modification to these public involvement procedures under par. (b) or (c) .

(b) If the department determines that even a short delay in the implementation of a remedy would adversely affect human health or the environment, the department may delay compliance with the requirements of par. (a) and implement the remedy immediately. However, the department shall assure involvement of the public at the earliest opportunity, and, in all cases, upon making the decision that additional remedial action is not needed at the facility.

(c) The department may allow a remediation initiated prior to August 1, 2006 to substitute for corrective action required under a long-term care license even if the public involvement requirements of par. (a) have not been met so long as the department assures that notice and comment on the decision that no further remediation is necessary to protect human health and the environment takes place at the earliest reasonable opportunity after August 1, 2006.

History: CR 05-032 : cr. Register July 2006 No. 607 , eff. 8-1-06.