ATCP 93.703(16)(16) “Tangible net worth” means the tangible assets that remain after deducting liabilities; the assets do not include intangibles such as goodwill and rights to patents or royalties. For purposes of this definition, “assets” means all current and all probable future economic benefits obtained or controlled by a particular entity as a result of past transactions. ATCP 93.703 HistoryHistory: CR 17-092: cr. Register October 2019 No. 766, eff. 11-1-19; correction in (8) made under s. 35.17, Stats., Register October 2019 No. 766. ATCP 93.705ATCP 93.705 Amount and scope of required financial responsibility. ATCP 93.705(1)(1) Owners or operators of petroleum storage tank systems within the scope of this subchapter shall demonstrate financial responsibility for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases arising from the operation of petroleum storage tank systems within the scope of this subchapter in at least the following per-occurrence amounts: ATCP 93.705(1)(a)(a) For owners or operators of petroleum underground storage tank systems that are located at petroleum marketing facilities, or that throughput an average of more than 10,000 gallons of petroleum per month based on annual throughput for the previous calendar year; $1 million. ATCP 93.705(2)(a)(a) For the purposes of this subsection, “petroleum underground storage tank” means a single containment unit and does not mean combinations of single containment units. ATCP 93.705(2)(b)(b) Owners or operators of petroleum underground storage tank systems shall demonstrate financial responsibility for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases arising from the operation of petroleum underground storage tank systems in at least the following annual aggregate amounts: ATCP 93.705(2)(b)1.1. For owners or operators of one to 100 petroleum underground storage tanks; $1 million. ATCP 93.705(2)(b)2.2. For owners or operators of 101 or more petroleum underground storage tanks; $2 million. ATCP 93.705(3)(3) Owners or operators of petroleum aboveground storage tanks covered in this subchapter shall demonstrate financial responsibility for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases arising from their operation in the amount of $1 million per occurrence. ATCP 93.705(4)(4) If the owner or operator uses separate mechanisms or separate combinations of mechanisms to demonstrate financial responsibility, the amount shall be in the full amount specified in subs. (1) to (3) for any of the following, except as provided in sub. (5): ATCP 93.705(4)(b)(b) Compensating third parties for bodily injury and property damage caused by sudden accidental releases. ATCP 93.705(4)(c)(c) Compensating third parties for bodily injury and property damage caused by non-sudden accidental releases. ATCP 93.705(5)(5) If an owner or operator uses separate mechanisms or separate combinations of mechanisms to demonstrate financial responsibility for different petroleum storage tank systems, the annual aggregate required shall be based on the number of tanks covered by each such separate mechanism or combination of mechanisms. ATCP 93.705(6)(a)(a) Owners or operators shall review the amount of aggregate assurance provided whenever additional petroleum storage tank systems are acquired or installed. ATCP 93.705(6)(b)(b) If the number of petroleum storage tank systems for which assurance is needed exceeds 100, the owner or operator shall demonstrate financial responsibility in the amount of at least $2 million of annual aggregate assurance by the anniversary of the date on which the mechanism demonstrating financial responsibility became effective. ATCP 93.705(6)(c)(c) If assurance is being demonstrated by a combination of mechanisms, the owner or operator shall demonstrate financial responsibility in the amount of at least $2 million of annual aggregate assurance by the first-occurring effective date anniversary of any one of the mechanisms combined, other than a financial test or guarantee, to provide assurance. ATCP 93.705(7)(7) The amounts of assurance required in this section exclude legal defense costs. ATCP 93.705(8)(8) The required per-occurrence and annual aggregate coverage amounts do not in any way limit the liability of the owner or operator. ATCP 93.705 HistoryHistory: CR 17-092: cr. Register October 2019 No. 766, eff. 11-1-19; (2) (intro.), (a), (b), (c) renum. to (2) (b), 1., 2., (a) under s. 13.92 (4) (b) 1., Stats., and correction in (2) (a), as renumbered, made under s. 35.17, Stats., Register October 2019 No. 766. ATCP 93.707ATCP 93.707 Allowable mechanisms and combinations of mechanisms. ATCP 93.707(1)(1) Subject to the limitations of subs. (3) and (4), an owner or operator may use any one or combination of the mechanisms listed in ss. ATCP 93.710 to 93.735 to demonstrate financial responsibility under this subchapter for one or more storage tank systems. ATCP 93.707(2)(2) Subject to the limitations of subs. (3) and (4), a local government owner or operator may use any one or combination of the mechanisms listed in ss. ATCP 93.727 to 93.735 to demonstrate financial responsibility under this subchapter for one or more storage tank systems. ATCP 93.707(3)(3) An owner or operator may use a guarantee or surety bond to establish financial responsibility only if “for value received” is included in the guarantee or surety bond mechanisms. ATCP 93.707(4)(4) An owner or operator may use self-insurance in combination with a guarantee only if, for the purpose of meeting the requirements of the financial test under this subchapter, the financial statements of the owner or operator are not consolidated with the financial statements of the guarantor.