NR 520.08(2)(a)5. 5. If an annual payment is missed or made late, the subsequent annual payment shall be increased so that the end of year balances originally calculated based on beginning of year payments are maintained.

NR 520.08(2)(b) (b) For bonds, letters of credit or insurance, proof of financial responsibility for long-term care shall be equal to the sum of the costs in current dollars of performing each of the years of long-term care for the required long-term care proof of financial responsibility period.

NR 520.08(3) (3) Remedial actions.

NR 520.08(3)(a) (a) For escrow, trust or department accounts, proof of financial responsibility for remedial actions shall be provided in accordance with the following:

NR 520.08(3)(a)1. 1. Annual payments shall be made into the account at the beginning of each year of the first half of the remedial action period. All estimated annual expenditures during the remedial action proof of financial responsibility period shall be assumed to occur at the end of each year of the proof period.

NR 520.08(3)(a)2. 2. Annual payments shall be made in equal dollar amounts or in dollar amounts that increase each year by no more than the projected rate of inflation. However, payments in excess of these minimum amounts may be made in any year, thereby reducing the amounts of subsequent payments.

NR 520.08(3)(a)3. 3. The amount of these payments shall be calculated and made such that, half way through the period of time the remedial action is estimated to take to complete, the minimum dollar value of the account is equal to the sum of each annual cost which is estimated to occur in the second half of the remedial action period where the expenditure for each year has first been expressed in future dollars and then brought to present value using a discount rate equal to the projected rate of inflation plus 2%.

NR 520.08(3)(a)4. 4. Determination of earnings and procedures to follow in the case of missed or late payments shall be in accordance with sub. (2) (a) 2. and 3.

NR 520.08(3)(b) (b) For bonds or letters of credit, remedial action proof of financial responsibility shall be provided in an amount equal to the sum of the remedial action costs estimated to occur in the second half of the remedial action period expressed in current dollars.

NR 520.08 History History: Cr. Register, January, 1988, No. 385, eff. 2-6-88; r. and recr., Register, June, 1996, No. 486, eff. 7-1-96.

NR 520.09 NR 520.09 Changing methods of proof of financial responsibility. The owner of a solid waste land disposal facility may change from one method of providing proof of financial responsibility under s. NR 520.06 to another, but not more than once per year. A change may only be made on the anniversary of the submittal of the original method of providing proof of financial responsibility. The amount of the new method of providing proof of financial responsibility shall be in the amount that is equal to the amount that would have accumulated had the new method been used as the original method.

NR 520.09 History History: Cr. Register, January, 1988, No. 385, eff. 2-6-88.

NR 520.10 NR 520.10 Adjustment of financial responsibility. The owner of a facility identified in Table 1 as being required to establish proof of financial responsibility shall submit to the department proof of the adjustment of the amounts of the proof mechanisms for closure, long-term care and remediation. Proof mechanisms shall be adjusted as follows:

NR 520.10(1) (1) All proof mechanisms shall be adjusted annually to account for increases in cost estimates based on adjustments for inflation. The annual proof mechanism adjustments shall be submitted to the department by December 31.

NR 520.10(2) (2) Adjusted proof mechanisms shall be within 60 days after a new cost estimate submitted in accordance with s. NR 520.07 is approved by the department. The adjusted proof mechanisms shall be in an amount adequate to cover the most recently approved cost estimate.

NR 520.10(3) (3) For companies using the net worth test under s. NR 520.06 (6), the updated net worth test information as required under s. 289.41 (4), Stats., shall be submitted annually to the department within 90 days after the close of the company’s fiscal year.

NR 520.10(4) (4) For facilities using trust accounts, escrow accounts or deposits with the department to demonstrate proof of financial responsibility, revised proof of financial responsibility calculations shall be performed in accordance with s. NR 520.08 and submitted to the department by March 1 of the year succeeding the calendar year in which any or all of the following activities occur:

NR 520.10(4)(a) (a) Waste acceptance rates have increased enough to lower the projected remaining operational life of the landfill by one year or more.

NR 520.10(4)(b) (b) The weighted average annual rate of return of any trust or escrow account has fallen by 1% or more.

NR 520.10 History History: Cr. Register, January, 1988, No. 385, eff. 2-6-88; am., Register, June, 1996, No. 486, eff. 7-1-96; CR 05-020: r. and recr. Register January 2006 No. 601, eff. 2-1-06.

NR 520.11 NR 520.11 Access and default. Whenever on the basis of any reliable information, and after opportunity for a hearing, the department determines that an owner or operator of a solid waste land disposal facility is in violation of any of the requirements for closure, long-term care or remedial action specified in a department approval, the department and its designees shall have the right to enter upon the facility and carry out the closure, long-term care or remedial action requirements. The department may use part or all of the money deposited with it, or the money deposited in escrow or trust accounts, or performance or forfeiture bonds, or letters of credit, insurance, or funds accumulated under other approved methods to carry out the closure, long-term care or remedial action requirements.

NR 520.11 History History: Cr. Register, January, 1988, No. 385, eff. 2-6-88; am., Register, June, 1996, No. 486, eff. 7-1-96.

NR 520.12 NR 520.12 Authorization to release funds.

NR 520.12(1) (1) Closure. When an owner or operator has completed closure, the owner may apply to the department for release of the bond, insurance or the letter of credit or return of the money held on deposit, in escrow, or in trust for closure of the facility. The application shall be accompanied by a report under the seal of a registered professional engineer which documents that the facility has been closed in accordance with the plan of operation approval and ch. NR 514, and summarizes the actual closure costs incurred. Upon determination by the department that complete closure has been accomplished, the department shall authorize in writing the release and return of all funds accumulated in such accounts or give written permission for cancellation of the bond, insurance or letter of credit. Determinations shall be made within 90 days of the application.

NR 520.12(2) (2) Long-term care. One year after closure, and annually thereafter for the period of owner responsibility, the owner who has carried out all necessary long-term care during the preceding year may make application to the department for reimbursement from an escrow account, trust account, deposit with the department, or other approved methods, or for reduction of the bond, insurance or letter of credit equal to the estimated costs for long-term care for that year. The application shall be accompanied by an itemized list of costs incurred. Upon determination that the expenditures incurred are in accordance with the long-term care requirements anticipated in the approved plan of operation, the department may authorize in writing the release of the funds or approve a reduction in the bond, insurance or letter of credit. Prior to authorizing a release of the funds or a reduction of the bond, insurance or letter of credit, the department shall determine that adequate funds exist to complete required long-term care work for the remaining period of owner responsibility. Determinations shall be made within 90 days after the application. For facilities using escrow accounts, trust accounts or deposits with the department, the department may authorize the release and return of up to 75% of the expected cost of long-term care for the current year. Any funds remaining in an escrow account, trust account, or on deposit with the department at the termination of the period of owner responsibility shall be released to the owner.

NR 520.12(3) (3) Remedial actions. One year following the midpoint of the period of time that implementation of a remedial action is expected to take, and annually thereafter for the period of the remedial action, the owner who has carried out all required activities during the preceding year may make application to the department for reimbursement from an escrow account, trust account, deposit with the department, or other approved methods, or for reduction of the bond, insurance or letter of credit equal to the estimated costs of remedial activities for that year. The application shall be accompanied by a report under the seal of a licensed professional engineer which documents the actual remedial activity costs incurred for that year. Upon determination that the expenditures incurred are in accordance with the approved remedial action requirements, the department may authorize in writing the release of the funds or approve a reduction in the bond, insurance or letter or credit. Prior to authorizing a release of the funds or a reduction of the bond, insurance or letter of credit, the department shall determine that adequate funds exist to complete the required remedial work over the remaining remedial action period. Determinations shall be made within 90 days of the application. Any funds remaining in an escrow account, trust account, or on deposit with the department upon the successful completion of the approved remedial action shall be released to the owner.

NR 520.12 History History: Cr. Register, January, 1988, No. 385, eff. 2-6-88; am. (2), cr. (3), Register, June, 1996, No. 486, eff. 7-1-96; CR 05-020: am. (1) and (3) Register January 2006 No. 601, eff. 2-1-06.

NR 520.13 NR 520.13 Bankruptcy notification. The owner or operator of a facility for the land disposal of solid waste shall notify the department by certified mail of the commencement of a voluntary or involuntary proceeding under the bankruptcy code, 11 USC 101, et seq., naming the owner or operator as debtor, within 10 days after commencement of the proceeding.

NR 520.13 History History: Cr. Register, January, 1988, No. 385, eff. 2-6-88.