NR 758.07(2)(k)
(k) The insurance policy shall contain a provision allowing assignment of the policy to a successor of the voluntary party. Assignment may be conditioned upon the consent of the insurer, provided consent is not unreasonably refused.
NR 758.07(3)
(3) If coverage beyond the required coverage described in this chapter is obtained, the voluntary party shall submit the insurance endorsements to the department, if requested by the department. If the department determines that the additional coverage and endorsements adversely interfere with coverage required under this chapter, the department may determine that the requirements of this section have not been met and deny the application for a liability exemption.
NR 758.07 History
History: EmR2032: emerg. cr., eff. 9-8-20;
CR 20-038: cr.
Register September 2021 No. 789, eff. 10-1-21.
NR 758.09
NR 758.09 Calculating the amount of the insurance coverage. To calculate the amount of insurance coverage required, the voluntary party shall submit to the department a summary of the total costs spent on the investigation and remediation of the contaminated sediment at the insured location, including all money spent by the voluntary party as well as other parties including local, state, or federal government entities. The limits of the insurance shall be dedicated to the response actions of the insured location and may not be shared with other coverage parts and may not be limited by the insurance policy's aggregate limit for other coverages. The insurance shall provide coverage with limits of no less than the following:
NR 758.09(1)
(1) If the cost of the site investigation and remediation of the contaminated sediment was less than $1,500,000, then the insurance limit for response action coverage shall be at least $1,000,000.
NR 758.09(2)
(2) If the cost of the site investigation and remediation of the contaminated sediment was $1,500,000 to $3,999,999, then the insurance limit for response action coverage shall be at least $3,000,000.
NR 758.09(3)
(3) If the cost of the site investigation and remediation of the contaminated sediment was $4,000,000 or more, then the insurance limit for response action coverage shall be at least $5,000,000.
NR 758.09(4)
(4) If the voluntary party is unable to provide a summary of the costs, the voluntary party shall provide the coverage described under sub.
(3).
NR 758.09 History
History: EmR2032: emerg. cr., eff. 9-8-20;
CR 20-038: cr.
Register September 2021 No. 789, eff. 10-1-21; correction in (intro.) made under s.
35.17, Stats.,
Register September 2021 No. 789.
NR 758.10(1)(1)
All insurance policies providing coverage required under this chapter shall be written with a per-occurrence deductible and not with a self-insured retention basis.
NR 758.10(2)
(2) The insurance policy shall have a deductible of no more than $50,000 per occurrence unless a higher deductible is approved by the department in writing before the certificate of completion is issued.
NR 758.10(3)
(3) If a claim is made on the policy by the department, the department may pay the deductible if funds are available.
NR 758.10(4)
(4) The voluntary party shall pay a fee to the department that is equal to 5 percent of the deductible before a certificate of completion is issued. The department may use those funds toward payment of a future deductible.
NR 758.10 History
History: EmR2032: emerg. cr., eff. 9-8-20;
CR 20-038: cr.
Register September 2021 No. 789, eff. 10-1-21.
NR 758.11(1)(1)
The voluntary party shall maintain insurance coverage that meets the conditions under this chapter for 25 years after a closure letter has been issued by the department under s.
NR 758.19 (2).
NR 758.11(2)
(2) The policy term of the insurance may be of any length longer than one year. If the policy term ends before 25 years after the date that the closure letter is issued, the policy shall be renewed by the voluntary party to provide the 25 years of coverage.
NR 758.11(3)
(3) At least 90 days before the end of the existing policy period, the voluntary party or its successors or assigns shall provide a certificate of insurance from the insurer and proof of insurance for a policy renewal or new policy that meet the requirements of this chapter.
NR 758.11 History
History: EmR2032: emerg. cr., eff. 9-8-20;
CR 20-038: cr.
Register September 2021 No. 789, eff. 10-1-21.
NR 758.12
NR 758.12 Proof of insurance. The voluntary party shall submit annually a copy of the certificate of insurance to the department that demonstrates that the requirements for insurance described in this chapter are being met.
NR 758.12 History
History: EmR2032: emerg. cr., eff. 9-8-20;
CR 20-038: cr.
Register September 2021 No. 789, eff. 10-1-21.
NR 758.13
NR 758.13 Financial responsibility other than insurance. NR 758.13(1)(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:
NR 758.13(1)(b)
(b) The financial responsibility will provide coverage for 25 years.
NR 758.13(1)(c)
(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.
NR 758.13(1)(e)
(e) The hazardous substance contained in the contaminated sediment is not mercury, PCBs, as defined in s.
299.45 (1) (a), Stats., or dioxin.
NR 758.13(2)
(2) If a form of financial responsibility is provided other than insurance, the voluntary party shall do all of the following:
NR 758.13(2)(a)
(a) Follow the requirements under s.
NR 756.09 if changes to the method of financial responsibility are requested.
NR 758.13(2)(b)
(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.
NR 758.13(2)(c)
(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.
NR 758.13(2)(d)
(d) Notify the department in the event of bankruptcy, insolvency, or receivership naming the voluntary party in accordance with s.
NR 756.13.
NR 758.13 History
History: EmR2032: emerg. cr., eff. 9-8-20;
CR 20-038: cr.
Register September 2021 No. 789, eff. 10-1-21;
correction in (1) (d) made under s. 13.92 (4) (b) 7., Stats., Register April 2023 No. 808. NR 758.15
NR 758.15
Waiver of insurance requirement. The voluntary party may submit a written request for a waiver of the insurance requirement under s.
NR 758.07 to the department. The department may waive the insurance requirement after considering all the following factors, which shall be identified in the request for waiver:
NR 758.15(1)
(1) The voluntary party's explanation of the circumstances eliminating the need for insurance.
NR 758.15(2)
(2) The hazardous substance contained in the contaminated sediment. The department may not grant a waiver if mercury, PCBs, as defined in s.
299.45 (1) (a), Stats., or dioxin is one of the identified hazardous substances.
NR 758.15(3)
(3) Any of the applicable following site-specific factors:
NR 758.15(3)(b)
(b) Concentrations of hazardous substances in the sediment.
NR 758.15(3)(d)
(d) Known and potential effects of contaminated sediment on human health including consumption of fish, birds, or other wildlife.
NR 758.15(3)(g)
(g) Extent of removal of the known contaminants completed in accordance with applicable cleanup standards for the known contaminants.
NR 758.15 History
History: EmR2032: emerg. cr., eff. 9-8-20;
CR 20-038: cr.
Register September 2021 No. 789, eff. 10-1-21; correction in (3) (d) made under s.
35.17, Stats.,
Register September 2021 No. 789.
NR 758.19
NR 758.19 Certificate of completion. The department shall issue a certificate of completion under s.
292.15 (2) (af), Stats., to a voluntary party that is subject to the requirements of this chapter if the department determines that all the following requirements have been met:
NR 758.19(1)
(1) The voluntary party has submitted to the department a request for case closure under ch.
NR 726.
NR 758.19(2)
(2) The department has approved the request for case closure for the site.
NR 758.19(3)
(3) The voluntary party has submitted to the department any of the following pertaining to financial responsibility requirements:
NR 758.19(3)(a)
(a) A certificate of insurance and copy of the policy with endorsements and the deductible fee required under s.
NR 758.10.
NR 758.19(3)(b)
(b) Documentation that demonstrates that an alternative form of financial responsibility has been provided that meets the requirements under s.
NR 758.13.
NR 758.19(3)(c)
(c) Documentation that the voluntary party received a waiver of the requirements from the department as described under s.
NR 758.15.
NR 758.19(5)
(5) The voluntary party has reimbursed the department for any department costs incurred under chs.
NR 749 and
750.
NR 758.19 History
History: EmR2032: emerg. cr., eff. 9-8-20;
CR 20-038: cr.
Register September 2021 No. 789, eff. 10-1-21.
NR 758.21
NR 758.21 Failure to satisfy requirements in this chapter. The voluntary party, and successors and assigns of the voluntary party, as described under s.
292.15 (3), Stats., including the property owner, will no longer qualify for the liability protections under s.
292.15 (2) (af), Stats., if the voluntary party or its successors or assigns fails to satisfy the requirements of this chapter and the department provides a written determination stating that the requirements are not being met after at least 90 days from the date of non-compliance.
NR 758.21 History
History: EmR2032: emerg. cr., eff. 9-8-20;
CR 20-038: cr.
Register September 2021 No. 789, eff. 10-1-21.
