NR 665.0147(6)(a)1.c.c. Assets in the United States amounting to either: 1) At least 90 percent of the owner or operator’s total assets. 2) At least 6 times the amount of liability coverage to be demonstrated by this test. NR 665.0147(6)(a)2.a.a. A current rating for the owner 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. NR 665.0147(6)(a)2.c.c. Tangible net worth at least 6 times the amount of liability coverage to be demonstrated by this test. NR 665.0147(6)(a)2.d.d. Assets in the United States amounting to either: 1) At least 90 percent of the owner or operator’s total assets. 2) At least 6 times the amount of liability coverage to be demonstrated by this test. NR 665.0147(6)(b)(b) The phrase “amount of liability coverage” as used in par. (a) refers to the annual aggregate amounts for which coverage is required under subs. (1) and (2). NR 665.0147(6)(c)(c) To demonstrate that the owner or operator meets this test, the owner or operator shall submit the following 3 items to the department: NR 665.0147(6)(c)2.2. 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. NR 665.0147(6)(c)3.3. A special report from the owner’s or operator’s independent certified public accountant to the owner or operator stating all of the following: NR 665.0147(6)(c)3.a.a. The independent certified public accountant has compared the data which the letter from the chief financial officer specifies as having been derived from the independently audited, year-end financial statements for the latest fiscal year with the amounts in the financial statements. NR 665.0147(6)(c)3.b.b. In connection with that procedure, no matters came to the attention of the independent certified public accountant which would provide cause to believe that the specified data should be adjusted. NR 665.0147(6)(e)(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). NR 665.0147(6)(f)(f) If the owner or operator no longer meets the requirements of par. (a), the owner or operator shall obtain insurance, a letter of credit, a surety bond, a trust fund or a guarantee for the entire amount of required liability coverage as specified in this section. Evidence of liability coverage shall be submitted to the department 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 test requirements. NR 665.0147(6)(g)(g) 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 accountant’s report on examination of the owner’s or operator’s financial statements (see 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 evidence of insurance for the entire amount of required liability coverage as specified in this section within 30 days after notification of disallowance. NR 665.0147(7)(a)(a) Subject to par. (b), an owner or operator may meet the requirements of this section by obtaining a written guarantee, referred to as “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 subs. (6) (a) to (f). The wording of the guarantee shall be identical to the wording specified in s. NR 664.0151 (8). A certified copy of the guarantee shall accompany the items sent to the department as specified in sub. (6) (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, this 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 guarantee shall remain in force unless the guarantor sends notice of cancellation by certified mail to the owner or operator and to the department. This guarantee may not be terminated unless and until the department approves alternate liability coverage complying with this section. If the owner or operator fails to satisfy a judgment based on a determination of liability for bodily injury or property damage to third parties caused by sudden or nonsudden accidental occurrences (or both as the case may be), arising from the operation of facilities covered by this corporate guarantee, or fails to pay an amount agreed to in settlement of claims arising from or alleged to arise from the injury or damage, the guarantor will do so up to the limits of coverage. NR 665.0147(7)(b)1.1. In the case of corporations incorporated in the United States, a guarantee may be used to satisfy the requirements of this section only if the attorneys general or insurance commissioners of the following states have submitted a written statement to the department that a guarantee executed as described in this section and s. NR 664.0151 (8), 40 CFR 264.151(h)(2) or other state requirements that are equivalent to 40 CFR 264.151(h)(2) is a legally valid and enforceable obligation in that state: NR 665.0147(7)(b)2.2. In the case of corporations incorporated outside the United States, a guarantee may be used to satisfy the requirements of this section only if all of the following conditions are met: NR 665.0147(7)(b)2.a.a. The non-U.S. corporation has identified a registered agent for service of process in each state in which a facility covered by the guarantee is located and in the state in which it has its principal place of business. NR 665.0147(7)(b)2.b.b. The attorney general or insurance commissioner of each state in which a facility covered by the guarantee is located and the state in which the guarantor corporation has its principal place of business, has submitted a written statement to the department that a guarantee executed as described in this section and s. NR 664.0151 (8), 40 CFR 264.151(h)(2) or other state requirements that are equivalent to 40 CFR 264.151(h)(2) is a legally valid and enforceable obligation in that state. NR 665.0147(8)(a)(a) An owner or operator may satisfy the requirements of this section by obtaining an irrevocable letter of credit that conforms to the requirements of this subsection and submitting a copy of the letter of credit to the department. NR 665.0147(8)(b)(b) The financial institution issuing the letter of credit 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. NR 665.0147(9)(a)(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 a copy of the bond to the department. NR 665.0147(9)(b)(b) The surety company issuing the bond shall be among those listed as acceptable sureties on federal bonds in the most recent circular 570 of the U.S. department of the treasury. NR 665.0147(9)(d)(d) A surety bond may be used to satisfy the requirements of this section only if the attorneys general or insurance commissioners of the following states have submitted a written statement to the department that a surety bond executed as described in this section and s. NR 664.0151 (12), 40 CFR 264.151(l) or other state requirements that are equivalent to 40 CFR 264.151(l) is a legally valid and enforceable obligation in that state: NR 665.0147(10)(a)(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. NR 665.0147(10)(b)(b) The trustee shall be an entity which has the authority to act as a trustee and whose trust operations are regulated and examined by a federal or state agency. NR 665.0147(10)(c)(c) The trust fund for liability coverage shall be funded for the full amount of the liability coverage to be provided by the trust fund before it may be relied upon to satisfy the requirements of this section. If at any time after the trust fund is created the amount of funds in the trust fund is reduced below the full amount of the liability coverage to be provided, the owner or operator, by the anniversary date of the establishment of the fund, shall either add sufficient funds to the trust fund to cause its value to equal the full amount of liability coverage to be provided, or obtain other financial assurance as specified in this section to cover the difference. For purposes of this subsection, “the full amount of the liability coverage to be provided” means the amount of coverage for sudden or nonsudden occurrences, or both, required to be provided by the owner or operator by this section, less the amount of financial assurance for liability coverage that is being provided by other financial assurance mechanisms being used to demonstrate financial assurance by the owner or operator. NR 665.0147 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 16-007: am. (5) Register July 2017 No. 739, eff. 8-1-17. NR 665.0148NR 665.0148 Incapacity of owners or operators, guarantors or financial institutions. NR 665.0148(1)(1) An owner or operator shall notify the department by certified mail of the commencement of a voluntary or involuntary bankruptcy proceeding under 11 USC, naming the owner or operator as debtor, within 10 days after commencement of the proceeding. NR 665.0148(2)(2) An owner or operator who fulfills the requirements of s. NR 665.0143, 665.0145 or 665.0147 by obtaining a trust fund, surety bond, letter of credit or insurance policy will be deemed to be without the required financial assurance or liability coverage in the event of bankruptcy of the trustee or issuing institution, or a suspension or revocation of the authority of the trustee institution to act as trustee or of the institution issuing the surety bond, letter of credit or insurance policy to issue the instruments. The owner or operator shall establish other financial assurance or liability coverage within 60 days after such an event. NR 665.0148 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06. NR 665.0170NR 665.0170 Applicability. This subchapter applies to owners and operators of all hazardous waste facilities that store containers of hazardous waste, except as s. NR 665.0001 provides otherwise. NR 665.0170 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06. NR 665.0171NR 665.0171 Condition of containers. If a container holding hazardous waste is not in good condition, or if it begins to leak, the owner or operator shall transfer the hazardous waste from this container to a container that is in good condition, or manage the waste in some other way that complies with the requirements of this chapter. NR 665.0171 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06. NR 665.0172NR 665.0172 Compatibility of waste with container. The owner or operator shall use a container made of or lined with materials which will not react with, and are otherwise compatible with, the hazardous waste to be stored, so that the ability of the container to contain the waste is not impaired. NR 665.0172 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06. NR 665.0173(1)(1) A container holding hazardous waste shall always be closed during storage, except when it is necessary to add or remove waste. NR 665.0173(2)(2) A container holding hazardous waste may not be opened, handled or stored in a manner which may rupture the container or cause it to leak. NR 665.0173 NoteNote: Re-use of containers in transportation is governed by U.S. department of transportation regulations, including those set forth in 49 CFR 173.28. NR 665.0173 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06. NR 665.0174NR 665.0174 Inspections. At least weekly, the owner or operator shall inspect areas where containers are stored, looking for leaking containers and for deterioration of containers and the containment system caused by corrosion or other factors. The owner or operator shall comply with ss. NR 664.0015 (3) and 664.0171 for remedial action required if deterioration or leaks are detected. NR 665.0176NR 665.0176 Special requirements for ignitable or reactive waste. Containers holding ignitable or reactive waste shall be located at least 15 meters (50 feet) from the facility’s property line. NR 665.0176 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06. NR 665.0177NR 665.0177 Special requirements for incompatible wastes. NR 665.0177(3)(3) A storage container holding a hazardous waste that is incompatible with any waste or other materials stored nearby in other containers, piles, open tanks or surface impoundments shall be separated from the other materials or protected from them by means of a dike, berm, wall or other device. NR 665.0177 NoteNote: The purpose of this section is to prevent fires, explosions, gaseous emissions, leaching or other discharge of hazardous waste or hazardous waste constituents which could result from the mixing of incompatible wastes or materials if containers break or leak.
NR 665.0177 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; correction in (1), (2) made under s. 13.92 (4) (b) 7., Stats., Register March 2013 No. 687. NR 665.0178NR 665.0178 Air emission standards. The owner or operator shall manage all hazardous waste placed in a container in accordance with the applicable requirements of subchs. AA, BB and CC. NR 665.0178 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06. NR 665.0190NR 665.0190 Applicability. The requirements of this subchapter apply to owners and operators of facilities that use tank systems for storing or treating hazardous waste except as otherwise provided in subs. (1) to (3) or in s. NR 665.0001. NR 665.0190(1)(1) Tank systems that are used to store or treat hazardous waste which contains no free liquids and are situated inside a building with an impermeable floor are exempted from the requirements in s. NR 664.0193. To demonstrate the absence or presence of free liquids in the stored or treated waste, the following test shall be used: Method 9095B (paint filter liquids test) as described in “Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,” EPA SW-846, incorporated by reference in s. NR 660.11. NR 665.0190(2)(2) Tank systems, including sumps, as defined in s. NR 660.10, that serve as part of a secondary containment system to collect or contain releases of hazardous wastes are exempted from the requirements in s. NR 665.0193 (1). NR 665.0190(3)(3) Tanks, sumps and other collection devices used in conjunction with drip pads, as defined in s. NR 660.10 and regulated under subch. W, shall meet the requirements of this subchapter. NR 665.0190 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 16-007: am. (1) Register July 2017 No. 739, eff. 8-1-17. NR 665.0191NR 665.0191 Assessment of existing tank system’s integrity. NR 665.0191(1)(1) For each existing tank system that does not have secondary containment meeting the requirements of s. NR 665.0193, the owner or operator shall determine that the tank system is not leaking or is unfit for use. Except as provided in sub. (3), the owner or operator shall obtain and keep on file at the facility a written assessment reviewed and certified by a qualified professional engineer in accordance with s. NR 670.011 (4), that attests to the tank system’s integrity by January 12, 1988. NR 665.0191(2)(2) This assessment shall determine that the tank system is adequately designed and has sufficient structural strength and compatibility with the wastes 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 665.0191(2)(a)(a) Design standards, if available, according to which the tank and ancillary equipment were constructed. NR 665.0191(2)(b)(b) Hazardous characteristics of the wastes that have been or will be handled. NR 665.0191(2)(d)(d) Documented age of the tank system, if available, (otherwise, an estimate of the age). NR 665.0191(2)(e)(e) Results of a leak test, internal inspection or other tank integrity examination such that: NR 665.0191(2)(e)1.1. For non-enterable underground tanks, this assessment shall consist of 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 665.0191(2)(e)2.2. For other than non-enterable underground tanks and for ancillary equipment, this assessment shall be either a leak test, as described in subd. 1., or an internal inspection or other tank integrity examination certified by a qualified professional engineer in accordance with s. NR 670.011 (4) that addresses cracks, leaks, corrosion, and erosion. NR 665.0191 NoteNote: The practices described in the American Petroleum Institute (API) 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 the integrity examination of an other than non-enterable underground tank system.
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