Section 670.041. Modification or revocation and reissuance of licenses.

  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 . 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 .

(2)   Causes for modification or revocation and reissuance. All of the following are causes to modify or, alternatively, revoke and reissue a license:

(a) Cause exists for revocation under s. NR 670.043 , and the department determines that modification or revocation and reissuance is appropriate.

(b) The department has received notification (as required in the license, see s. NR 670.030 (12) (c) ) of a proposed transfer of the license.

(3)   Facility siting. Suitability of the facility location will not be considered at the time of license modification or revocation and reissuance unless new information or standards indicate that a threat to human health or the environmental exists which was unknown at the time of license issuance.

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