Wisconsin Administrative Code
Department of Natural Resources
NR 600-699 - Environmental Protection - Hazardous Waste Management
Chapter NR 661 - Hazardous Waste Identification And Listing
Subchapter H - Financial Requirements for Management of Excluded azardous Secondary Material
Section NR 661.0143 - Financial assurance condition
Universal Citation: WI Admin Code ยง NR 661.0143
Current through August 26, 2024
As specified in s. NR 661.0004(1) (x) 6. f. an owner or operator of a reclamation or intermediate facility shall have financial assurance as a condition of the exclusion as required under s. NR 661.0004(1) (x). The facility shall choose from the options specified in subs. (1) to (5).
(1) TRUST FUND.
(a) An owner or operator may satisfy the
requirements of this section by establishing a trust fund that conforms to the
requirements of this subsection and submitting an originally signed duplicate
of the trust agreement to the department. The trustee shall be an entity that
has the authority to act as a trustee and whose trust operations are regulated
and examined by a federal or state agency.
(b) The wording of the trust agreement shall
be identical to the wording specified in s.
NR 661.0151(1)
(a), and the trust agreement shall be
accompanied by a formal certification of acknowledgment as specified in s.
NR 661.0151(1)
(b). Schedule A of the trust agreement shall
be updated within 60 days after a change in the amount of the current cost
estimate covered by the agreement.
(c) The trust fund shall be funded for the
full amount of the current cost estimate before it may be relied upon to
satisfy the requirements of this section.
(d) Whenever the current cost estimate
changes, the owner or operator shall compare the new estimate with the
trustee's most recent annual valuation of the trust fund. If the value of the
fund is less than the amount of the new estimate, the owner or operator, within
60 days after the change in the cost estimate, shall either deposit an amount
into the fund so that its value after this deposit at least equals the amount
of the current cost estimate, or obtain other financial assurance as specified
in this section to cover the difference.
(e) If the value of the trust fund is greater
than the total amount of the current cost estimate, the owner or operator may
submit a written request to the department for release of the amount in excess
of the current cost estimate.
(f)
If an owner or operator substitutes other financial assurance as specified in
this section for all or part of the trust fund, the owner or operator may
submit a written request to the department for release of the amount in excess
of the current cost estimate covered by the trust fund.
(g) Within 60 days after receiving a request
from the owner or operator for release of funds as specified in pars. (e) or
(f), the department will instruct the trustee to release to the owner or
operator such funds as the department specifies in writing. If the owner or
operator begins final closure under subch. G of ch. NR 664 or subch. G of ch.
NR 665, an owner or operator may request reimbursements for partial or final
closure expenditures by submitting itemized bills to the department. The owner
or operator may request reimbursements for partial closure only if sufficient
funds are remaining in the trust fund to cover the maximum costs of closing the
facility over its remaining operating life. No later than 60 days after
receiving bills for partial or final closure activities, the department will
instruct the trustee to make reimbursements in those amounts as the department
specifies in writing, if the department determines that the partial or final
closure expenditures are in accordance with the approved closure plan, or
otherwise justified. If the department has reason to believe that the maximum
cost of closure over the remaining life of the facility will be significantly
greater than the value of the trust fund, the department may withhold
reimbursements of such amounts as the department deems prudent until the
department determines, in accordance with s.
NR 665.0143(9), that the owner or
operator is no longer required to maintain financial assurance for final
closure of the facility. If the department does not instruct the trustee to
make such reimbursements, the department will provide to the owner or operator
a detailed written statement of reasons.
(h) The department will agree to termination
of the trust when one of the following apply:
1. An owner or operator substitutes alternate
financial assurance as specified in this section.
2. The department releases the owner or
operator from the requirements of this section in accordance with sub.
(9).
(2) SURETY BOND GUARANTEEING PAYMENT INTO A TRUST FUND.
(a) An owner or operator may satisfy the
requirements of this section by obtaining a surety bond that conforms to the
requirements of this subsection and submitting the bond to the department. The
surety company issuing the bond shall, at a minimum, be among those listed as
acceptable sureties on federal bonds in Circular 570 of the U.S. department of
the treasury.
(b) The wording of
the surety bond shall be identical to the wording specified in s.
NR 661.0151(2).
(c) The owner or operator who uses a surety
bond to satisfy the requirements of this section shall also establish a standby
trust fund. Under the terms of the bond, all payments made thereunder will be
deposited by the surety directly into the standby trust fund in accordance with
instructions from the department. This standby trust fund shall meet the
requirements specified in sub. (1), except for all of the following:
1. An originally signed duplicate of the
trust agreement shall be submitted to the department with the surety
bond.
2. Until the standby trust
fund is funded pursuant to the requirements of this section, none of the
following are required:
a. Payments into the
trust fund as specified in sub. (1).
b. Updating of Schedule A of the trust
agreement, as specified in s.
NR 661.0151(1) to show current cost
estimates.
c. Annual valuations as
required by the trust agreement.
d.
Notices of nonpayment as required by the trust agreement.
(d) The bond must guarantee that
the owner or operator shall do any of the following:
1. Fund the standby trust fund in an amount
equal to the penal sum of the bond before loss of the exclusion under s.
NR 661.0004(1) (x).
2. Fund the standby trust fund in an amount
equal to the penal sum within 15 days after an administrative order to begin
closure issued by the department becomes final, or within 15 days after an
order to begin closure is issued by a U.S. district court or other court of
competent jurisdiction.
3. Provide
alternate financial assurance as specified in this section, and obtain the
department's written approval of the assurance provided, within 90 days after
receipt by both the owner or operator and the department of a notice of
cancellation of the bond from the surety.
(e) Under the terms of the bond, the surety
will become liable on the bond obligation when the owner or operator fails to
perform as guaranteed by the bond.
(f) Except as provided in sub. (6), the penal
sum of the bond shall be in an amount at least equal to the current cost
estimate.
(g) Whenever the current
cost estimate increases to an amount greater than the penal sum, the owner or
operator, within 60 days after the increase, shall either cause the penal sum
to be increased to an amount at least equal to the current cost estimate and
submit evidence of such increase to the department, or obtain other financial
assurance as specified in this section to cover the increase. Whenever the
current cost estimate decreases, the penal sum may be reduced to the amount of
the current cost estimate following written approval by the
department.
(h) Under the terms of
the bond, the surety may cancel the bond by sending notice of cancellation by
certified mail to the owner or operator and to the department. Cancellation may
not occur, however, during the 120 days beginning on the date of receipt of the
notice of cancellation by both the owner or operator and the department, as
evidenced by the return receipts.
(i) The owner or operator may cancel the bond
if the department has given prior written consent based on the department's
receipt of evidence of alternate financial assurance as specified in this
section.
(3) LETTER OF CREDIT.
(a) An owner or operator may satisfy
the requirements of this section by obtaining an irrevocable standby letter of
credit that conforms to the requirements of this subsection and submitting the
letter to the department. The issuing institution shall be an entity that has
the authority to issue letters of credit and whose letter-of-credit operations
are regulated and examined by a federal or state agency.
(b) The wording of the letter of credit shall
be identical to the wording specified in s.
NR 661.0151(3).
(c) An owner or operator who uses a letter of
credit to satisfy the requirements of this section shall also establish a
standby trust fund. Under the terms of the letter of credit, all amounts paid
pursuant to a draft by the department will be deposited by the issuing
institution directly into the standby trust fund in accordance with
instructions from the department. This standby trust fund shall meet the
requirements of the trust fund specified in sub. (1), except for all of the
following:
1. An originally signed duplicate
of the trust agreement shall be submitted to the department with the letter of
credit.
2. Unless the standby trust
fund is funded pursuant to the requirements of this section, none of the
following are required:
a. Payments into the
trust fund as specified in sub. (1).
b. Updating of Schedule A of the trust
agreement to show current cost estimates, as specified in s.
NR 661.0151(1).
c. Annual valuations as required by the trust
agreement.
d. Notices of nonpayment
as required by the trust agreement.
(d) The letter of credit shall be accompanied
by a letter from the owner or operator referring to the letter of credit by
number, issuing institution, and date, and providing the following information:
The EPA Identification Number, if any issued; name, and address of the
facility; and the amount of funds assured for the facility by the letter of
credit.
(e) The letter of credit
shall be irrevocable and issued for a period of at least one year. The letter
of credit shall provide that the expiration date will be automatically extended
for a period of at least one year unless, at least 120 days before the current
expiration date, the issuing institution notifies both the owner or operator
and the department by certified mail of a decision not to extend the expiration
date. Under the terms of the letter of credit, the 120 days will begin on the
date when both the owner or operator and the department have received the
notice, as evidenced by the return receipts.
(f) Except as provided in sub. (6), the
letter of credit shall be issued in an amount at least equal to the current
cost estimate.
(g) Whenever the
current cost estimate increases to an amount greater than the amount of the
credit, the owner or operator, within 60 days after the increase, shall either
cause the amount of the credit to be increased so that it at least equals the
current cost estimate and submit evidence of such increase to the department,
or obtain other financial assurance as specified in this section to cover the
increase. Whenever the current cost estimate decreases, the amount of the
credit may be reduced to the amount of the current cost estimate following
written approval by the department.
(h) Following a determination by the
department that the hazardous secondary material do not meet the conditions of
the exclusion under s.
NR 661.0004(1) (x), the department may
draw on the letter of credit.
(i)
If the owner or operator does not establish alternate financial assurance as
specified in this section and obtain written approval of such alternate
assurance from the department within 90 days after receipt by both the owner or
operator and the department of a notice from the issuing institution that it
has decided not to extend the letter of credit beyond the current expiration
date, the department will draw on the letter of credit. The department may
delay the drawing if the issuing institution grants an extension of the term of
the credit. During the last 30 days of any such extension the department will
draw on the letter of credit if the owner or operator has failed to provide
alternate financial assurance as specified in this section and obtain written
approval of such assurance from the department.
(j) The department will return the letter of
credit to the issuing institution for termination when any of the following
apply:
1. An owner or operator substitutes
alternate financial assurance as specified in this section.
2. The department releases the owner or
operator from the requirements of this section in accordance with sub.
(9).
(4) INSURANCE.
(a) An owner or operator may
satisfy the requirements of this section by obtaining insurance that conforms
to the requirements of this subsection and submitting a certificate of such
insurance to the department. At a minimum, the insurer shall be licensed to
transact the business of insurance, or eligible to provide insurance as an
excess or surplus lines insurer, in one or more states.
(b) The wording of the certificate of
insurance shall be identical to the wording specified in s.
NR 661.0151(4).
(c) The insurance policy shall be issued for
a face amount at least equal to the current cost estimate, except as provided
in sub. (6). The term "face amount" means the total amount the insurer is
obligated to pay under the policy. Actual payments by the insurer will not
change the face amount, although the insurer's future liability will be lowered
by the amount of the payments.
(d)
The insurance policy shall guarantee that funds will be available whenever
needed to pay the cost of removal of all hazardous secondary material from the
unit, to pay the cost of decontamination of the unit, to pay the costs of the
performance of activities required under subch. G of ch. NR 664 or subch. G of
ch. NR 665, as applicable, for the facilities covered by this policy. The
policy shall also guarantee that once funds are needed, the insurer will be
responsible for paying out funds, up to an amount equal to the face amount of
the policy, upon the direction of the department, to such party or parties as
the department specifies.
(e) After
beginning partial or final closure under ch. NR 664 or 665, as applicable, an
owner or operator or any other authorized person may request reimbursements for
closure expenditures by submitting itemized bills to the department. The owner
or operator may request reimbursements only if the remaining value of the
policy is sufficient to cover the maximum costs of closing the facility over
its remaining operating life. Within 60 days after receiving bills for closure
activities, the department will instruct the insurer to make reimbursements in
such amounts as the department specifies in writing if the department
determines that the expenditures are in accordance with the approved plan or
otherwise justified. If the department has reason to believe that the maximum
cost over the remaining life of the facility will be significantly greater than
the face amount of the policy, the department may withhold reimbursement of
such amounts as the department deems prudent until the department determines,
in accordance with sub. (8), that the owner or operator is no longer required
to maintain financial assurance for the particular facility. If the department
does not instruct the insurer to make such reimbursements, the department will
provide to the owner or operator a detailed written statement of
reasons.
(f) The owner or operator
shall maintain the policy in full force and effect until the department
consents to termination of the policy by the owner or operator as specified in
par. (j). Failure to pay the premium, without substitution of alternate
financial assurance as specified in this section, will constitute a significant
violation of this section warranting such remedy as the department deems
necessary. Such violation will be deemed to begin upon receipt by the
department of a notice of future cancellation, termination, or failure to renew
due to nonpayment of the premium, rather than upon the date of
expiration.
(g) Each policy shall
contain a provision allowing assignment of the policy to a successor owner or
operator. Such assignment may be conditional upon consent of the insurer,
provided such consent is not unreasonably refused.
(h) The policy shall provide that the insurer
may not cancel, terminate, or fail to renew the policy except for failure to
pay the premium. The automatic renewal of the policy shall, at a minimum,
provide the insured with the option of renewal at the face amount of the
expiring policy. If the owner or operator fails to pay the premium, the insurer
may elect to cancel, terminate, or fail to renew the policy by sending notice
by certified mail to the owner or operator and the department. Cancellation,
termination, or failure to renew may not occur, however, during the 120 days
beginning with the date of receipt of the notice by both the department and the
owner or operator, as evidenced by the return receipts. Cancellation,
termination, or failure to renew may not occur and the policy will remain in
full force and effect in the event that, on or before the date of expiration,
any of the following occurs:
1. The
department deems the facility abandoned.
2. Conditional exclusion or interim status is
lost, terminated, or revoked.
3.
Closure is ordered by the department or a U.S. district court or other court of
competent jurisdiction.
4. The
owner or operator is named as debtor in a voluntary or involuntary bankruptcy
proceeding under Title 11, U.S. Code.
5. The premium due is
paid.
(i) Whenever the
current cost estimate increases to an amount greater than the face amount of
the policy, the owner or operator, within 60 days after the increase, shall
either cause the face amount to be increased to an amount at least equal to the
current cost estimate and submit evidence of such increase to the department,
or obtain other financial assurance as specified in this section to cover the
increase. Whenever the current cost estimate decreases, the face amount may be
reduced to the amount of the current cost estimate following written approval
by the department.
(j) The
department will give written consent to the owner or operator that the owner or
operator may terminate the insurance policy when any of the following apply:
1. The owner or operator substitutes
alternate financial assurance as specified in this section.
2. The department releases the owner or
operator from the requirements of this section in accordance with sub.
(9).
(5) FINANCIAL TEST AND CORPORATE GUARANTEE.
(a)
An owner or operator may satisfy the requirements of this section by
demonstrating that the owner or operator passes a financial test as specified
in this subsection. To pass this test the owner or operator shall meet the
criteria of either subd. 1. or 2.:
1. The
owner or operator shall have all of the following:
a. Two of the following 3 ratios: A ratio of
total liabilities to net worth less than 2.0; a ratio of the sum of net income
plus depreciation, depletion, and amortization to total liabilities greater
than 0.1; and a ratio of current assets to current liabilities greater than
1.5.
b. Net working capital and
tangible net worth each at least 6 times the sum of the current cost estimates
and the current plugging and abandonment cost estimates.
c. Tangible net worth of at least $10
million.
d. Assets located in the
United States amounting to at least 90 percent of total assets or at least 6
times the sum of the current cost estimates and the current plugging and
abandonment cost estimates.
2. The owner or operator shall have all of
the following:
a. A current rating for the
owner's or operator's most recent bond issuance of AAA, AA, A, or BBB as issued
by Standard and Poor's or Aaa, Aa, A, or Baa as issued by Moody's.
b. Tangible net worth at least 6 times the
sum of the current cost estimates and the current plugging and abandonment cost
estimates.
c. Tangible net worth of
at least $10 million.
d. Assets
located in the United States amounting to at least 90 percent of total assets
or at least 6 times the sum of the current cost estimates and the current
plugging and abandonment cost estimates.
(b) The phrase "current cost estimates" as
used in par. (a) refers to the cost estimates required to be shown in
paragraphs 1 to 4 of the letter from the owner's or operator's chief financial
officer as required in s.
NR 661.0151(5). The phrase "current
plugging and abandonment cost estimates" as used in par. (a) refers to the cost
estimates required to be shown in paragraphs 1 to 4 of the letter from the
owner's or operator's chief financial officer as required in
40 CFR
144.70(f).
(c) To demonstrate that the owner or operator
meets this test, the owner or operator shall submit all of the following to the
department:
1. A letter signed by the owner's
or operator's chief financial officer and worded as specified in s.
NR 661.0151(5).
2. A copy of the independent certified public
accountant's report on examination of the owner's or operator's financial
statements for the latest completed fiscal year.
3. If the chief financial officer's letter
providing evidence of financial assurance includes financial data showing that
the owner or operator satisfies par. (a) 1. that are different from the data in
the audited financial statements referred to in subd. 2. or any other audited
financial statement or data filed with the U.S. Securities and Exchange
Commission, SEC, then a special report from the owner's or operator's
independent certified public accountant to the owner or operator is required.
The special report shall be based upon an agreed upon procedures engagement in
accordance with professional auditing standards and shall describe the
procedures performed in comparing the data in the chief financial officer's
letter derived from the independently audited, year-end financial statements
for the latest fiscal year with the amounts in such financial statements, the
findings of the comparison, and the reasons for any differences.
(d) The owner or operator may
obtain an extension of the time allowed for submission of the documents
specified in par. (c) if the fiscal year of the owner or operator ends during
the 90 days prior to September 1, 2020, and if the year-end financial
statements for that fiscal year will be audited by an independent certified
public accountant. The extension will end no later than 90 days after the end
of the owner's or operator's fiscal year. To obtain the extension, the owner's
or operator's chief financial officer shall send, by September 1, 2020, a
letter to the department of each region in which the owner's or operator's
facilities to be covered by the financial test are located. This letter from
the chief financial officer shall contain all of the following:
1. Request the extension.
2. Certify that the chief financial officer
has grounds to believe that the owner or operator meets the criteria of the
financial test.
3. Specify for each
facility to be covered by the test the EPA Identification Number, if any
issued, name, address, and current cost estimates to be covered by the
test.
4. Specify the date ending
the owner's or operator's last complete fiscal year before September 1, 2020.
5. Specify the date, no later
than 90 days after the end of such fiscal year, when the chief financial
officer will submit the documents specified in par. (c).
6. Certify that the year-end financial
statements of the owner or operator for such fiscal year will be audited by an
independent certified public accountant.
(e) After the initial submission of items
specified in par. (c), the owner or operator shall send updated information to
the department within 90 days after the close of each succeeding fiscal year.
This information shall consist of all 3 items specified in par. (c).
(f) If the owner or operator no longer meets
the requirements specified in par. (a), the owner or operator shall send notice
to the department of intent to establish alternate financial assurance as
specified in this section. The notice shall be sent by certified mail within 90
days after the end of the fiscal year for which the year-end financial data
show that the owner or operator no longer meets the requirements. The owner or
operator shall provide the alternate financial assurance within 120 days after
the end of such fiscal year.
(g)
The department may, based on a reasonable belief that the owner or operator may
no longer meet the requirements specified in par. (a), require reports of
financial condition at any time from the owner or operator in addition to those
specified in par. (c). If the department finds, on the basis of such reports or
other information, that the owner or operator no longer meets the requirements
specified in par. (a), the owner or operator shall provide alternate financial
assurance as specified in this section within 30 days after notification of
such a finding.
(h) The department
may disallow use of this test on the basis of qualifications in the opinion
expressed by the independent certified public accountant in the independent
certified public accountant's report on examination of the owner's or
operator's financial statements described in par. (c) 2. An adverse opinion or
a disclaimer of opinion will be cause for disallowance. The department will
evaluate other qualifications on an individual basis. The owner or operator
shall provide alternate financial assurance as specified in this section within
30 days after notification of the disallowance.
(i) The owner or operator is no longer
required to submit the items specified in par. (c) when any one of the
following occurs:
1. An owner or operator
substitutes alternate financial assurance as specified in this
section.
2. The department releases
the owner or operator from the requirements of this section in accordance with
sub. (9).
(j) An owner or
operator may meet the requirements of this section by obtaining a written
guarantee. The guarantor shall be the direct or higher-tier parent corporation
of the owner or operator, a firm whose parent corporation is also the parent
corporation of the owner or operator, or a firm with a "substantial business
relationship" with the owner or operator. The guarantor shall meet the
requirements for owners or operators in pars. (a) to (h) and shall comply with
the terms of the guarantee. The wording of the guarantee shall be identical to
the wording specified in s.
NR 661.0151(7)
(a). A certified copy of the guarantee shall
accompany the items sent to the department as specified in par. (c). One of
these items shall be the letter from the guarantor's chief financial officer.
If the guarantor's parent corporation is also the parent corporation of the
owner or operator, the letter shall describe the value received in
consideration of the guarantee. If the guarantor is a firm with a "substantial
business relationship" with the owner or operator, this letter shall describe
this "substantial business relationship" and the value received in
consideration of the guarantee. The terms of the guarantee shall provide all of
the following:
1. Following a determination
by the department that the hazardous secondary material at the owner or
operator's facility covered by this guarantee do not meet the conditions of the
exclusion under s.
NR 661.0004(1) (x), the guarantor will
dispose of any hazardous secondary material as hazardous waste and close the
facility in accordance with closure requirements under ch. NR 664 or 665, as
applicable, or establish a trust fund as specified in sub. (1) in the name of
the owner or operator in the amount of the current cost estimate.
2. The corporate guarantee will remain in
force unless the guarantor sends notice of cancellation by certified mail to
the owner or operator and to the department. Cancellation may not occur,
however, during the 120 days beginning on the date of receipt of the notice of
cancellation by both the owner or operator and the department, as evidenced by
the return receipts.
3. If the
owner or operator fails to provide alternate financial assurance as specified
in this section and obtain the written approval of such alternate assurance
from the department within 90 days after receipt by both the owner or operator
and the department of a notice of cancellation of the corporate guarantee from
the guarantor, the guarantor will provide such alternate financial assurance in
the name of the owner or operator.
(6) USE OF MULTIPLE FINANCIAL MECHANISMS. An owner or operator may satisfy the requirements of this section by establishing more than one financial mechanism per facility. These mechanisms are limited to trust funds, surety bonds, letters of credit, and insurance. The mechanisms shall be as specified in subs. (1) to (4), except that it is the combination of mechanisms, rather than the single mechanism, that shall provide financial assurance for an amount at least equal to the current cost estimate. If an owner or operator uses a trust fund in combination with a surety bond or a letter of credit, the owner or operator may use the trust fund as the standby trust fund for the other mechanisms. A single standby trust fund may be established for 2 or more mechanisms. The department may use any or all of the mechanisms to provide for the facility.
(7) USE OF FINANCIAL MECHANISM FOR MULTIPLE FACILITIES. An owner or operator may use a financial assurance mechanism specified in this section to meet the requirements of this section for more than one facility. Evidence of financial assurance submitted to the department shall include a list showing, for each facility, the EPA Identification Number, if any issued, name, address, and the amount of funds assured by the mechanism. The amount of funds available through the mechanism shall be no less than the sum of funds that would be available if a separate mechanism had been established and maintained for each facility. In directing funds available through the mechanism for any of the facilities covered by the mechanism, the department may direct only the amount of funds designated for that facility, unless the owner or operator agrees to the use of additional funds available under the mechanism.
(8) REMOVAL AND DECONTAMINATION PLAN FOR RELEASE.
(a) An
owner or operator of a reclamation facility or an intermediate facility who
wishes to be released from their financial assurance obligations under s.
NR 661.0004(1) (x) 6. f. shall submit a
plan for removing all hazardous secondary material residues to the department
at least 180 days prior to the date on which the owner or operator expects to
cease to operate under the exclusion.
(b) The plan shall include all of the
following:
1. For each hazardous secondary
material storage unit subject to financial assurance requirements under s.
NR 661.0004(1) (x) 6. f., a description
of how all excluded hazardous secondary material will be recycled or sent for
recycling, and how all residues, contaminated containment systems, contaminated
soils, subsoils, structures, and equipment will be removed or decontaminated as
necessary to protect human health and the environment.
2. A detailed description of the steps
necessary to remove or decontaminate all hazardous secondary material residues
and contaminated containment system components, equipment, structures, and
soils including procedures for cleaning equipment and removing contaminated
soils, methods for sampling and testing surrounding soils, and criteria for
determining the extent of decontamination necessary to protect human health and
the environment.
3. A detailed
description of any other activities necessary to protect human health and the
environment during this timeframe, including leachate collection, run-on and
run-off control.
4. A schedule for
conducting the activities described that, at a minimum, includes the total time
required to remove all excluded hazardous secondary material for recycling and
decontaminate all units subject to financial assurance under s.
NR 661.0004(1) (x) 6. f. and the time
required for intervening activities that will allow tracking of the progress of
decontamination.
(c) The
department will provide the owner or operator and the public, through a
newspaper notice, the opportunity to submit written comments on the plan and
request modifications to the plan no later than 30 days from the date of the
notice. The department will also, in response to a request or at the
department's discretion, hold a public hearing whenever such a hearing might
clarify one or more issues concerning the plan. The department will give public
notice of the hearing at least 30 days before it occurs. Public notice of the
hearing may be given at the same time as notice of the opportunity for the
public to submit written comments, and the 2 notices may be combined. The
department will approve, modify, or disapprove the plan within 90 days of its
receipt. If the department does not approve the plan, the department shall
provide the owner or operator with a detailed written statement of reasons for
the refusal and the owner or operator shall modify the plan or submit a new
plan for approval within 30 days after receiving such written statement. The
department will approve or modify this plan in writing within 60 days. If the
department modifies the plan, this modified plan becomes the approved plan. The
department shall assure that the approved plan is consistent with this
subsection. A copy of the modified plan with a detailed statement of reasons
for the modifications shall be mailed to the owner or operator.
(d) Within 60 days of completion of the
activities described for each hazardous secondary material management unit, the
owner or operator shall submit to the department, by registered mail, a
certification that all hazardous secondary material have been removed from the
unit and the unit has been decontaminated in accordance with the specifications
in the approved plan. The certification shall be signed by the owner or
operator and by a qualified professional engineer. Documentation supporting the
professional engineer's certification shall be furnished to the department,
upon request, until the department releases the owner or operator from the
financial assurance requirements under s.
NR 661.0004(1) (x) 6.
f.
(9) RELEASE OF THE OWNER OR OPERATOR FROM THE REQUIREMENTS OF THIS SECTION. Within 60 days after receiving certifications from the owner or operator and a qualified professional engineer that all hazardous secondary material have been removed from the facility or a unit at the facility and the facility or a unit has been decontaminated in accordance with the approved plan under sub. (8), the department will notify the owner or operator in writing that the owner or operator is no longer required under s. NR 661.0004(1) (x) 6. f. to maintain financial assurance for that facility or a unit at the facility, unless the department has reason to believe that all hazardous secondary material have not been removed from the facility or unit at a facility or that the facility or unit has not been decontaminated in accordance with the approved plan. The department shall provide the owner or operator a detailed written statement of any such reason to believe that all hazardous secondary material have not been removed from the unit or that the unit has not been decontaminated in accordance with the approved plan.
Disclaimer: These regulations may not be the most recent version. Wisconsin may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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