Wisconsin Administrative Code
Department of Natural Resources
NR 700-799 - Environmental Protection - Investigation and Remediation of Environmental Contamination
Chapter NR 758 - Insurance And Financial Responsibility At Contaminated Sediment Sites In The Voluntary Party Liability Exemption Program
Section NR 758.13 - Financial responsibility other than insurance
Universal Citation: WI Admin Code ยง NR 758.13
Current through August 26, 2024
(1) The department shall accept a form of financial responsibility from the voluntary party other than insurance to meet the requirements of this chapter if all of the following conditions apply:
(a) The financial
responsibility is in the amount required under s. NR 758.09.
(b) The financial responsibility will provide
coverage for 25 years.
(c) The
financial responsibility covers response action expenses in the event that the
department issues a written determination that additional remedial action is
necessary due to the occurrence of any of the conditions described under s.
292.15(2) (b) 2
or 3., Stats.
(d) The financial
responsibility satisfies the requirements that a person required to submit
proof financial responsibility under s. NR 756.04 (1) is required to follow, as
specified under s. NR 756.06 (1), (2), (3), (4), and (5).
(e) The hazardous substance contained in the
contaminated sediment is not mercury, PCBs, as defined in s.
299.45(1) (a),
Stats., or dioxin.
(2) If a form of financial responsibility is provided other than insurance, the voluntary party shall do all of the following:
(a) Follow the requirements under s. NR
756.09 if changes to the method of financial responsibility are
requested.
(b) Provide access to
the department and its designees to enter upon the site or facility and carry
out appropriate site investigation and response actions.
(c) Take actions needed in order for the
department to use part or all of the money deposited with the department, or
the money deposited in escrow or trust accounts, or performance or forfeiture
bonds, or letters of credit, or funds accumulated under other approved methods,
to carry out the approved actions or plan and compliance schedule
requirements.
(d) Notify the
department in the event of bankruptcy, insolvency, or receivership naming the
voluntary party in accordance with s. NR 756.13.
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