Section NR 670.005 - Noncompliance and program reporting by the departmentThe department shall prepare quarterly and annual reports as detailed below. The department shall submit any reports required under this section to the EPA region 5 administrator. For purposes of this section only, licensees shall include interim status facilities, when appropriate.
(1)QUARTERLY REPORTS. The department shall submit quarterly narrative reports for major facilities as follows: (a)Format. The report shall list all of the following:1. Information on noncompliance for each facility.2. Alphabetize by licensee name. When 2 or more licensees have the same name, the lowest license number shall be entered first.3. For each entry on the list, include all of the following information in the following order: a. Name, location and license number of the noncomplying licensee.b. A brief description and date of each instance of noncompliance for that licensee. Instances of noncompliance may include one or more of the kinds set forth in par. (b). When a licensee has noncompliance of more than one kind, combine the information into a single entry for each licensee.c. The dates and a brief description of the actions taken by the department to ensure compliance.d. Status of the instances of noncompliance with the date of the review of the status or the date of resolution.e. Any details which tend to explain or mitigate the instances of noncompliance.(b)Instances of noncompliance to be reported. Any instances of noncompliance within the following categories shall be reported in successive reports until the noncompliance is reported as resolved. Once noncompliance is reported as resolved it need not appear in subsequent reports.1. 'Failure to complete construction elements.' When the licensee has failed to complete, by the date specified in the license, an element of a compliance schedule involving either planning for construction (for example, award of a contract, preliminary plans), or a construction step (for example, begin construction, attain operation level); and the licensee has not returned to compliance by accomplishing the required element of the schedule within 30 days from the date a compliance schedule report is due under the license.2. 'Modifications to schedules of compliance.' When a schedule of compliance in the license has been modified under s. NR 670.041 or because 670.042 of the licensee's noncompliance.3. 'Failure to complete or provide compliance schedule or monitoring reports.' When the licensee has failed to complete or provide a report required in a license compliance schedule (for example, progress report or notice of noncompliance or compliance) or a monitoring report; and the licensee has not submitted the complete report within 30 days from the date it is due under the license for compliance schedules, or from the date specified in the license for monitoring reports.4. 'Deficient reports.' When the required reports provided by the licensee are so deficient as to cause misunderstanding by the department and thus impede the review of the status of compliance.5. 'Noncompliance with other license requirements.' Noncompliance shall be reported in any of the following circumstances:a. Whenever the licensee has violated a license requirement (other than reported under subds. 1. or 2.), and has not returned to compliance within 45 days from the date reporting of noncompliance was due under the license.b. When the department determines that a pattern of noncompliance exists for a major facility licensee over the most recent 4 consecutive reporting periods. This pattern includes any violation of the same requirement in 2 consecutive reporting periods, and any violation of one or more requirements in each of 4 consecutive reporting periods.c. When the department determines significant license non-compliance or other significant event has occurred such as a fire or explosion or migration of fluids into an underground source of drinking water.6. 'All other.' Statistical information shall be reported quarterly on all other instances of noncompliance by major facilities with license requirements not otherwise reported under this subsection.(2)ANNUAL REPORTS. (a)Annual noncompliance report. Statistical reports shall be submitted by the department on nonmajor licensees indicating the total number reviewed, the number of noncomplying nonmajor licensees, the number of enforcement actions, and number of license modifications extending compliance deadlines. The statistical information shall be organized to follow the types of noncompliance listed in sub. (1).(b) In addition to the annual noncompliance report, the department shall prepare a "program report" which contains information (in a manner and form prescribed by the EPA region 5 administrator) on generators and transporters and the license status of regulated facilities. The department shall also include, on a biennial basis, summary information on the quantities and types of hazardous wastes generated, transported, treated, stored and disposed during the preceding odd-numbered year. This summary information shall be reported in a manner and form prescribed by the EPA region 5 administrator and shall be reported according to EPA characteristics and lists of hazardous wastes at ch. NR 661.(3)SCHEDULE. For all quarterly reports, on the last working day of May, August, November and February, the department shall submit to the EPA region 5 administrator information concerning noncompliance with license requirements by major facilities in Wisconsin according to the following schedule. - 1 Reports shall be made available to the public for inspection and copying on this date.
Wis. Admin. Code Department of Natural Resources NR 670.005
CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.