Section 182.05. License periods and fees.

 

(1)  No person shall maintain or operate a waste site unless the person has obtained an operating license from the department, except as otherwise provided in this chapter. Applications shall be submitted on forms supplied by the department and shall be accompanied by the appropriate fees as shown in Table 1. License fees are not refundable. The license shall be issued for the design capacity specified in the determination of site feasibility unless the department establishes by a clear preponderance of the credible evidence that:

(a) The site is not constructed in accordance with the approved plan;

(b) The site poses a substantial hazard to public health or welfare, or

(c) In-field conditions, not disclosed in the feasibility report or plan of operation, necessitate modifications of the plan to comply with standards in effect at the time of plan approval under s. 289.30 (6) , Stats., or, if applicable, s. 291.25 , Stats.

(2)  Any such license may be suspended or revoked for failure to pay the fees required hereunder, or for grievous and continuous failure to comply with the approved plan of operation, or if no plan of operation exists, for grievous and continuous failure to comply with the standards of this chapter applicable to such site under s. NR 182.02 (3) . The department shall review the license and plan of operation to determine compliance annually or at such other intervals as it determines necessary, but no more frequently than annually. At the time of such review, the operator shall pay review fees as shown in Table 1. Review fees are not refundable.

(3)  No person shall establish or construct a waste site or facility prior to obtaining written approval from the department of plans describing site or facility feasibility and operation, or both except as otherwise provided in this chapter. The plan review fee specified in Table 1 shall accompany all plans submitted to the department for approval. Plan review fees are not transferable, proratable or refundable.

(4)  Following closure of a site or facility, the owner or any successor in interest shall be required to have a license during the period of owner responsibility indicated in s. 289.41 (1m) (g) , Stats. The license shall be issued for terms of 5 years with a fee of $250 per license period. - See PDF for table

*The plan review fees specified in Table 1 cover the department's review from initial submittal through approval or denial of the report or plan. An applicant may revise or supplement a report or plan deemed incomplete and resubmit it without paying an additional review fee. The applicant shall pay a plan review fee as specified in Table 1 for resubmittal of a plan which has been previously denied or withdrawn after having been determined to be complete.

History: Cr. Register, August, 1982, No. 320 , eff. 9-1-82; r. and recr. table 1, Register, March, 1984, No. 339 , eff. 4-1-84.