Licenses and fees

Licenses and fees. (1) Issuance of an operating license. No person may operate or maintain a solid waste facility without an operating license from the department unless an exemption is granted under ss. NR 500.08 , 502.05 , 502.06 , 502.07 , 502.08 , 502.09 , 502.12 and 502.13 . The license period shall be for one year. (a) Application for an initial license for a new solid waste facility may be submitted at any time during the license period. Initial licenses issued during the license period shall expire at the end of that license period. The applicant for initial licensing of a facility, at any time during the license period, shall submit the appropriate annual fee amount as shown in Table 2 or Table 3, whichever is applicable. (b) Each year, the department will send renewal application forms to existing license holders. Applicants failing to submit the relicensing application to the department within the specified time shall pay a late processing fee equal to 50 percent of the renewal fee or $150.00, whichever is less, in addition to the relicensing fee. (c) Application for an operating license shall be submitted on forms supplied by the department and shall be accompanied by the appropriate fees as shown in Table 2 or Table 3, whichever is applicable. (d) 1. In addition to the license fee specified in table 3, owners or operators of landfills shall pay a license fee surcharge to the department based upon the number of tons or equivalent volume of solid waste disposed of at each landfill during each quarterly reporting period. 2. The amount of the surcharge payable under subd. 1. shall be determined by multiplying the number of tons or equivalent volume of solid waste disposed of during each quarterly reporting period by a tonnage rate established in subd. 3. 3. The tonnage rate shall be 15.0 cents/ton effective July 1, 2005, 25.0 cents/ton effective January 1, 2026, 27.0 cents/ton effective January 1, 2031, and 30.0 cents/ton effective January 1, 2036. 4. Owners or operators of landfills shall submit quarterly reports on forms supplied by the department accompanied by the amount of the surcharge calculated under this section within 30 days after the end of each successive reporting period. 5. The department shall hold a public meeting annually to review the status of and projections for the waste management program revenue account. If, for 3 consecutive fiscal years, the end of year account balance is greater than 25 percent of the expenditure level of the program revenue account authorized in s. 20.370 (4) (dg) , Stats., the department shall submit to the natural resources board proposed rule revisions with appropriate justification for the modification of the surcharge payable under this paragraph to more closely align revenues with expenditures in accordance with s. 289.61 (3) , Stats. 6. The license fee surcharge under subd. 1. does not apply to any of the following waste disposed of at landfills: a. Waste that was previously disposed of in a licensed landfill and is excavated and disposed of in another licensed landfill. b. Waste generated as a result of a natural disaster that meets the criteria in s. 289.63 (6) (b) , 289.64 (4) (b) , 289.645 (4) (f) , or 289.67 (1) (fm) , Stats. c. Waste created as a direct result of a one-time project paid for entirely with state funds. (e) Except as provided in s. NR 500.065 , license fees for solid waste facilities are not refundable. (2) Transfer of an operating license. Upon payment of the transfer fee shown in Table 3, the department will issue a new operating license to a person acquiring rights of ownership, possession or operation of a licensed facility in accordance with s. 289.46 , Stats. Feasibility approvals and plan of operation approvals are not transferable prior to the licensing of a facility. (3) Licensure during the closure and long-term care period. The owner or operator and any successor in interest shall maintain a license during the closure and long-term care period indicated in s. 289.41 (1m) , Stats. The owner or operator for an intermediate sized construction and demolition waste landfill under s. NR 503.10 shall obtain authorization to begin the long-term care period. The license and long-term care period authorization fees are specified in Table 3. The owner or operator shall maintain an active operating license until all closure activities are complete and the department has issued a long-term care license, if applicable. (4) Plan review and license fees. For the purposes of determining plan review and license fees, all of the following shall apply: (a) Plan review and license fees shall be charged in accordance with Tables 2 and 3. (d) The plan review fees specified in Table 2 for all facilities except landfills and surface impoundments cover the department’s review from initial submittal through approval or denial of the report or plan. An applicant may withdraw and revise or supplement a report or plan prior to it being deemed complete and resubmit it without paying an additional review fee. The applicant shall pay an additional plan review fee as specified in Table 2 for resubmittal of a plan that has been withdrawn after having been determined to be complete or for review of a report that has twice been declared incomplete. (e) A plan modification as referred to in Table 2 is a submittal that proposes to modify a plan of operation or closure plan previously approved by the department. (f) The department shall waive the plan review fees and license fees in Table 2 for a processing facility, including a composting facility, an electronics processing facility, or an incinerator that has a primary purpose of converting solid waste into usable materials, products, or energy. The waiver does not include the initial site and construction inspection fees or the construction documentation review fee. (g) The plan review fees specified in Table 3 for landfills and surface impoundments cover the department’s review from initial submittal through approval or denial of the report or plan. An applicant may withdraw and revise or supplement a report or plan prior to it being deemed complete and resubmit it without paying an additional review fee. The applicant shall pay an additional plan review fee as specified in Table 3 for resubmittal of a plan that has been withdrawn after having been determined to be complete or for review of a report that has twice been declared incomplete. (h) A plan modification fee in Table 3 applies to a submittal that proposes to modify any of the following: 1. A plan of operation previously approved by the department. 2. A closure plan previously approved by the department. 3. The design management zone. 4. Calculation of indicator preventive action limits or alternative concentration limits as defined in ch. NR 140 . 5. Exemptions to any groundwater standard under ch. NR 140 in a previously approved plan of operation. (i) The supplementary review fee in Table 3 applies to any of the following submittals: 1. An alternative geotechnical investigation plan under s. NR 512.085 . 2. An initial site construction approval request under s. NR 514.04 (6m) or for small and intermediate sized landfills under ch. NR 503 . 3. A site investigation or remedial action plan for environmental remediation. (5) Construction inspection fees. A construction inspection fee as specified in Table 2 or 3, as applicable, required under s. NR 500.09 shall be paid to the department by the applicant at the time of submittal of a construction documentation report or as specified in the plan approval. A maximum of 10 inspections per major phase of construction may be required. (6) Certification fees for solid waste disposal facility operators. Fees for examination, certification, recertification, program approvals, and interim status approvals as required under ch. NR 524 shall be as follows: (a) Examination for facility manager $50.00 (b) Examination for site operator $50.00 (c) Facility manager initial certification or recertification $150.00 (d) Site operator initial certification or recertification $150.00 (g) Interim facility manager certification $150.00 (h) Interim site operator certification $150.00 (i) Late processing fee for recertification as required in s. NR 524.12 (3) $100.00 (7) Compliance inspection fees for exempt non-landfill facilities. Compliance inspection fees as required under ss. NR 502.05 (3) (k) 8. and 502.07 (2r) (g) shall be paid to the department by the applicant in the amount specified in ch. NR 520 , Table 2.