Section 10. Advice of Counsel. The Trustee may from time to time consult with counsel, who may be counsel to the Grantor, with respect to any question arising as to the construction of this Agreement or any action to be taken hereunder. The Trustee shall be fully protected, to the extent permitted by law, in acting upon the advice of counsel.
Section 11. Trustee Compensation. The Trustee shall be entitled to reasonable compensation for its services as agreed upon in writing from time to time with the Grantor.
Section 12. Successor Trustee. The Trustee may resign, or the Grantor may replace the Trustee, but such resignation or replacement may not be effective until the Grantor has appointed a successor trustee and this successor accepts the appointment. The successor trustee shall have the same powers and duties as those conferred upon the Trustee hereunder. Upon the successor trustee's acceptance of the appointment, the Trustee shall assign, transfer, and pay over to the successor trustee the funds and properties then constituting the Fund. If for any reason the Grantor cannot or does not act in the event of the resignation of the Trustee, the Trustee may apply to a court of competent jurisdiction for the appointment of a successor trustee or for instructions. The successor trustee shall specify the date on which it assumes administration of the trust in a writing sent to the Grantor, the department and the present Trustee by certified mail 10 days before such change becomes effective. Any expenses incurred by the Trustee as a result of any of the acts contemplated by this Section shall be paid as provided in Section 9.
Section 13. Instructions to the Trustee. All orders, requests, certifications of valid claims, and instructions to the Trustee shall be in writing, signed by such persons as are designated in the attached Exhibit A or such other designees as the Grantor may designate by amendments to Exhibit A. The Trustee shall be fully protected in acting without inquiry in accordance with the Grantor's orders, requests, and instructions. The Trustee shall have the right to assume, in the absence of written notice to the contrary, that no event constituting a change or a termination of the authority of any person to act on behalf of the Grantor or the department hereunder has occurred. The Trustee shall have no duty to act in the absence of such orders, requests, and instructions from the Grantor and/or the department, except as provided for herein.
Section 14. Amendment of Agreement. This Agreement may be amended by an instrument in writing executed by the Grantor, the Trustee, and the department, or by the Trustee and the department.
Section 15. Irrevocability and Termination. Subject to the right of the parties to amend this Agreement as provided in Section 14, this Trust shall be irrevocable and shall continue until terminated at the written agreement of the Grantor, the Trustee, and the department, or by the Trustee and the department, if the Grantor ceases to exist. Upon termination of the Trust, all remaining trust property, less final trust administration expenses, shall be paid to the Grantor.
The department will agree to termination of the Trust when the owner or operator substitutes alternative financial assurance as specified in this section.
Section 16. Immunity and indemnification. The Trustee may not incur personal liability of any nature in connection with any act or omission, made in good faith, in the administration of this Trust, or in carrying out any directions by the Grantor and the department issued in accordance with this Agreement. The Trustee shall be indemnified and saved harmless by the Grantor or from the Trust Fund, or both, from and against any personal liability to which the Trustee may be subjected by reason of any act or conduct in its official capacity, including all expenses reasonably incurred in its defense in the event the Grantor fails to provide such defense.
Section 17. Choice of Law. This Agreement shall be administered, construed, and enforced according to the laws of the State of [enter name of State].
Section 18. Interpretation. As used in this Agreement, words in the singular include the plural and words in the plural include the singular. The descriptive headings for each Section of this Agreement may not affect the interpretation of the legal efficacy of this Agreement.
In Witness Whereof the parties have caused this Agreement to be executed by their respective officers duly authorized and their corporate seals to be hereunto affixed and attested as of the date first above written. The parties below certify that the wording of this Agreement is identical to the wording specified in s.
NR 661.0151 (13), Wis. Adm. Code
, as such regulations were constituted on the date first above written.
[Signature of Grantor]
[Title]
Attest:
[Title]
[Seal]
[Signature of Trustee]
Attest:
[Title]
[Seal]
NR 661.0151(13)(b)
(b) The following is an example of the certification of acknowledgement which shall accompany the trust agreement for a standby trust fund as specified in s.
NR 661.0147 (8).
State of
County of
On this [date], before me personally came [owner or operator] to me known, who, being by me duly sworn, did depose and say that she/he resides at [address], that she/he is [title] of [corporation], the corporation described in and which executed the above instrument; that she/he knows the seal of said corporation; that the seal affixed to such instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation, and that she/he signed her/ his name thereto by like order.
[Signature of Notary Public]
NR 661.0151 History
History: CR 19-082: cr.
Register August 2020 No. 776, eff. 9-1-20; correction in (2) (form), (3) (form), (5) (form), (6) (form), (7) (form), (8) (form), (11) (form), (12) (form), (13) (form) made under s.
35.17, Stats.,
Register August 2020 No. 776;
correction in (5) (form), (6) (form), (7) (a) (form), (b) (form) made under ss. 13.92 (4) (b) 7. and 35.17, Stats., Register April 2021 No. 784. NR 661.0170
NR 661.0170 Applicability. This subchapter applies to hazardous secondary material excluded under the remanufacturing exclusion under s.
NR 661.0004 (1) (za) and stored in containers.
NR 661.0170 History
History: CR 19-082: cr. Register August 2020 No. 776, eff. 9-1-20. NR 661.0171
NR 661.0171
Condition of containers. If a container holding hazardous secondary material is not in good condition, such as having severe rusting, apparent structural defects or if it begins to leak, the hazardous secondary material shall be transferred from this container to a container that is in good condition or managed in some other way that complies with the requirements of this chapter.
NR 661.0171 History
History: CR 19-082: cr. Register August 2020 No. 776, eff. 9-1-20. NR 661.0172
NR 661.0172
Compatibility of hazardous secondary material with containers. The container shall be made of or lined with materials which will not react with, and are otherwise compatible with, the hazardous secondary material to be stored, so that the ability of the container to contain the material is not impaired.
NR 661.0172 History
History: CR 19-082: cr.
Register August 2020 No. 776, eff. 9-1-20.
NR 661.0173(1)(1)
A container holding hazardous secondary material shall always be closed during storage, except when it is necessary to add or remove the hazardous secondary material.
NR 661.0173(2)
(2) A container holding hazardous secondary material may not be opened, handled, or stored in a manner that may rupture the container or cause it to leak.
NR 661.0173 History
History: CR 19-082: cr.
Register August 2020 No. 776, eff. 9-1-20.
NR 661.0175(1)(1)
Container storage areas shall have a containment system that is designed and operated in accordance with sub.
(2).
NR 661.0175(2)
(2)
A containment system shall be designed and operated to meet all of the following conditions:
NR 661.0175(2)(a)
(a) A base shall underlie the containers. The base shall be free of cracks or gaps and sufficiently impervious to contain leaks, spills, and accumulated precipitation until the collected material is detected and removed.
NR 661.0175(2)(b)
(b) The base shall be sloped, or the containment system shall be otherwise designed and operated to drain and remove liquids resulting from leaks, spills, or precipitation, unless the containers are elevated or are otherwise protected from contact with accumulated liquids.
NR 661.0175(2)(c)
(c) The containment system shall have sufficient capacity to contain 10% of the volume of containers or the volume of the largest container, whichever is greater.
NR 661.0175(2)(d)
(d) Run-on into the containment system shall be prevented unless the collection system has sufficient excess capacity in addition to that required in par.
(c) to contain any run-on that might enter the system.
NR 661.0175(2)(e)
(e) Spilled or leaked material and accumulated precipitation shall be removed from the sump or collection area in as timely a manner as is necessary to prevent overflow of the collection system.
NR 661.0175 History
History: CR 19-082: cr.
Register August 2020 No. 776, eff. 9-1-20.
NR 661.0176
NR 661.0176
Special requirements for ignitable or reactive hazardous secondary material. A container holding ignitable or reactive hazardous secondary material shall be located at least 15 meters from the facility's property line.
NR 661.0176 History
History: CR 19-082: cr.
Register August 2020 No. 776, eff. 9-1-20.
NR 661.0177
NR 661.0177
Special requirements for incompatible materials. NR 661.0177(1)(1)
Incompatible materials may not be placed in the same container.
NR 661.0177(2)
(2) Hazardous secondary material may not be placed in an unwashed container that previously held an incompatible material.
NR 661.0177(3)
(3) A storage container holding a hazardous secondary material that is incompatible with any other materials stored nearby shall be separated from the other materials or protected from them by means of a dike, berm, wall, or other device.
NR 661.0177 History
History: CR 19-082: cr.
Register August 2020 No. 776, eff. 9-1-20.
NR 661.0179
NR 661.0179
Air emission standards. A remanufacturer or other person that stores or treats the hazardous secondary material shall manage all hazardous secondary material placed in a container in accordance with the applicable requirements under subchs.
AA,
BB, and
CC.
NR 661.0179 History
History: CR 19-082: cr.
Register August 2020 No. 776, eff. 9-1-20.
NR 661.0190(1)(1)
The requirements of this subchapter apply to tank systems for storing or treating hazardous secondary material excluded under the remanufacturing exclusion under s.
NR 661.0004 (1) (za).
NR 661.0190(2)
(2) Tank systems, including sumps, as defined in s.
NR 660.10 (114), that serve as part of a secondary containment system to collect or contain releases of hazardous secondary material are exempted from the requirements specified in s.
NR 661.0193 (1).
NR 661.0190 History
History: CR 19-082: cr.
Register August 2020 No. 776, eff. 9-1-20.
NR 661.0191
NR 661.0191
Assessment of existing tank system's integrity. NR 661.0191(1)(1)
A tank system shall meet the secondary containment requirements specified in s.
NR 661.0193, or the remanufacturer or other person that handles the hazardous secondary material shall determine that the tank system is not leaking or is unfit for use. Except as provided in sub.
(3), a written assessment reviewed and certified by a qualified professional engineer shall be kept on file at the remanufacturer's facility or other facility that stores or treats the hazardous secondary material that attests to the tank system's integrity.
NR 661.0191(2)
(2) The assessment under sub.
(1) shall determine that the tank system is adequately designed and has sufficient structural strength and compatibility with the material to be stored or treated, to ensure that it will not collapse, rupture, or fail. At a minimum, this assessment shall consider all of the following:
NR 661.0191(2)(a)
(a) Design standard, if available, according to which the tank and ancillary equipment were constructed.
NR 661.0191(2)(b)
(b) Hazardous characteristics of the material that have been and will be handled.
NR 661.0191(2)(d)
(d) If available, the documented age of the tank system
. Otherwise provide an estimate of the age of the tank system.
NR 661.0191(2)(e)
(e) Results of a leak test, internal inspection, or other tank integrity examination including whichever of the following is applicable:
NR 661.0191(2)(e)1.
1. For non-enterable underground tanks, the assessment shall include a leak test that is capable of taking into account the effects of temperature variations, tank end deflection, vapor pockets, and high water table effects.
NR 661.0191(2)(e)2.
2. For other than non-enterable underground tanks and for ancillary equipment, this assessment shall include either a leak test, as specified in subd.
1. or other integrity examination that is certified by a qualified professional engineer that addresses cracks, leaks, corrosion, and erosion.
NR 661.0191 Note
Note: The practices described in the American Petroleum Institute Publication, Guide for Inspection of Refinery Equipment, Chapter XIII, “Atmospheric and Low-Pressure Storage Tanks,” 4th edition, 1981, may be used, where applicable, as guidelines in conducting integrity testing.
NR 661.0191(3)
(3) If, as a result of the assessment conducted in accordance with sub.
(1), a tank system is found to be leaking or unfit for use, the remanufacturer or other person that stores or treats the hazardous secondary material shall comply with the requirements specified in s.
NR 661.0196.
NR 661.0191 History
History: CR 19-082: cr.
Register August 2020 No. 776, eff. 9-1-20.
NR 661.0193
NR 661.0193
Containment and detection of releases. NR 661.0193(1)(1)
A secondary containment system shall be all of the following:
NR 661.0193(1)(a)
(a) Designed, installed, and operated to prevent any migration of materials or accumulated liquid out of the system to the soil, ground water, or surface water at any time during the use of the tank system.
NR 661.0193(1)(b)
(b) Capable of detecting and collecting releases and accumulated liquids until the collected material is removed.
NR 661.0193 Note
Note: If the collected material is a hazardous waste under ch.
NR 661, it is subject to management as a hazardous waste in accordance with all applicable requirements specified in chs.
NR 662 to
666 and
668. If the collected material is discharged through a point source to waters of the state, it is subject to the requirements specified in ss.
283.31 and
283.33, Stats. If discharged to a publicly owned treatment works or POTW, the collected material is subject to s.
283.21 (2), Stats. If the collected material is released to the environment, it may be subject to the reporting requirements of
40 CFR part 302 and the requirements specified in s.
292.11, Stats., and chs.
NR 706 to
726.
NR 661.0193(2)
(2) To meet the requirements under sub.
(1), a secondary containment system shall be at a minimum all of the following:
NR 661.0193(2)(a)
(a) Constructed of or lined with materials that are compatible with the materials to be placed in the tank system and shall have sufficient strength and thickness to prevent failure owing to pressure gradients, including static head and external hydrological forces, physical contact with the material to which it is exposed, climatic conditions, and the stress of daily operation, including stresses from nearby vehicular traffic.
NR 661.0193(2)(b)
(b) Placed on a foundation or base capable of providing support to the secondary containment system, resistance to pressure gradients above and below the system, and capable of preventing failure due to settlement, compression, or uplift.
NR 661.0193(2)(c)
(c) Provided with a leak-detection system that is designed and operated so that it will detect the failure of either the primary or secondary containment structure or the presence of any release of hazardous secondary material or accumulated liquid in the secondary containment system at the earliest practicable time.
NR 661.0193(2)(d)
(d) Sloped or otherwise designed or operated to drain and remove liquids resulting from leaks, spills, or precipitation. Spilled or leaked material and accumulated precipitation shall be removed from the secondary containment system within 24 hours, or in as timely a manner as is possible to prevent harm to human health and the environment.
NR 661.0193(3)
(3) Secondary containment for tanks shall include one or more of the following devices:
NR 661.0193(4)
(4) In addition to the requirements under subs.
(1) to
(3), a secondary containment system shall satisfy all of the following requirements:
