Section 660.41. Procedures for case-by-case regulation of hazardous waste recycling activities.

  The department shall use the following procedures when determining whether to regulate hazardous waste recycling activities described in s. NR 661.06 (1) (b) 4. under the provisions of s. NR 661.06 (2) and (3) , rather than under the provisions of subch. F of ch. NR 666 .

(1)  If a generator is accumulating the waste, the department shall issue a special order setting forth the factual basis for the decision and stating that the person shall comply with subch. A of ch. NR 662 , subch. C of ch. NR 662 , subch. D of ch. NR 662 and subch. E of ch. NR 662 . The special order shall become final within 30 days, unless the person served requests a public hearing to challenge the decision. Upon receiving such a request, the department shall hold a public hearing. The department shall provide notice of the hearing to the public and allow public participation at the hearing. The department shall issue a final order after the hearing stating whether or not compliance with ch. NR 662 is required. The order becomes effective 30 days after service of the decision unless the department specifies a later date.

(2)  If the person is accumulating the recyclable material as a storage facility, the special order will state that the person shall obtain a license according to all applicable provisions of ch. NR 670 . The owner or operator of the facility shall apply for a license within no less than 60 days and no more than 6 months of the effective date of the order, as specified in the order. If the owner or operator of the facility wishes to object to the department's decision, the owner or operator may do so in the owner or operator's license application, in a public hearing held on the draft license or in comments filed on the draft license or on the notice of intent to deny the license. The fact sheet accompanying the license will specify the reasons for the department's determination. The question of whether the department's decision was proper will remain open for consideration during the public comment period discussed under ch. NR 670 and in any subsequent hearing.

History: CR 05-032 : cr. Register July 2006 No. 607 , eff. 8-1-06; correction in (1) made under s. 13.92 (4) (b) 7. , Stats., Register March 2013 No. 687 .