ATCP 93.743(2)(b)(b) Aboveground tanks. Copies of the applicable forms listed in s. ATCP 93.745 (2) shall be submitted to the department within 30 days after the owner or operator identifies a release from an aboveground storage tank that is required to be reported under s. ATCP 93.585.
ATCP 93.743(2)(c)(c) All tanks. If the owner or operator of an underground or aboveground petroleum storage tank fails to obtain alternate coverage as required by this subchapter, copies of the applicable forms listed in s. ATCP 93.745 (2) shall be submitted to the department within 30 days after the owner or operator receives notice of any of the following:
ATCP 93.743(2)(c)1.1. Commencement of a proceeding under Title 11, U.S. Code, naming a provider of financial assurance as a debtor.
ATCP 93.743(2)(c)2.2. Suspension or revocation of the authority of a provider of financial assurance to issue a financial assurance mechanism.
ATCP 93.743(2)(c)3.3. Failure of a guarantor to meet the requirements of the financial test.
ATCP 93.743(2)(c)4.4. Other incapacity of a provider of financial assurance.
ATCP 93.743(3)(3)New tanks. The owner or operator of an underground petroleum storage tank, or an aboveground petroleum storage tank used or intended for use over water, shall certify compliance with the financial responsibility requirements of this subchapter as specified in the new tank registration form when notifying the department of the installation of a new storage tank as required in s. ATCP 93.140.
ATCP 93.743(4)(4)Additional submittals. The department may require an owner or operator to submit evidence of financial assurance as described in s. ATCP 93.745 (2) or other information relevant to compliance with this subchapter at any time.
ATCP 93.743 HistoryHistory: CR 17-092: cr. Register October 2019 No. 766, eff. 11-1-19.
ATCP 93.745ATCP 93.745Record keeping.
ATCP 93.745(1)(1)
ATCP 93.745(1)(a)(a) Owners or operators shall maintain evidence of all financial assurance mechanisms used to demonstrate financial responsibility under this subchapter until released from the requirements of this subchapter under s. ATCP 93.750.
ATCP 93.745(1)(b)(b) An owner or operator shall maintain such evidence at the storage tank site or the owner’s or operator’s place of business.
ATCP 93.745(1)(c)(c) Records maintained off-site shall be made available to the authorized agent or the department upon request.
ATCP 93.745(2)(2)An owner or operator shall maintain the following types of evidence of financial responsibility:
ATCP 93.745(2)(a)(a) An owner or operator using an assurance mechanism specified in ss. ATCP 93.710 to 93.720, ss. ATCP 93.727 to 93.735, or s. ATCP 93.723 shall maintain a copy of the instrument.
ATCP 93.745(2)(b)(b) An owner or operator using a financial test or guarantee, or a local government financial test or a local government guarantee supported by the local government financial test shall maintain a copy of the chief financial officer’s letter based on year-end financial statements for the most recent completed financial reporting year. Such evidence shall be on file no later than 120 days after the close of the financial reporting year.
ATCP 93.745(2)(c)(c) An owner or operator using a guarantee, surety bond, or letter of credit shall maintain a copy of the signed standby trust fund agreement and copies of any amendments to the agreement.
ATCP 93.745(2)(d)(d) A local government owner or operator using a local government guarantee under s. ATCP 93.733 (4) shall maintain a copy of the signed standby trust agreement and copies of any amendments to the agreement.
ATCP 93.745(2)(e)(e) A local government owner or operator using the local government bond rating test under s. ATCP 93.727 shall maintain a copy of its bond rating published within the last 12 months by Moody’s or Standard & Poor’s.
ATCP 93.745(2)(f)(f) A local government owner or operator using the local government guarantee under s. ATCP 93.733 where the guarantor’s demonstration of financial responsibility relies on the bond rating test under s. ATCP 93.727 shall maintain a copy of the guarantor’s bond rating published within the last 12 months by Moody’s or Standard & Poor’s.
ATCP 93.745(2)(g)(g) An owner or operator using an insurance policy or risk retention group coverage shall maintain a copy of the signed insurance policy or risk retention group coverage policy with the endorsement or certificate of insurance and any amendments to the agreements.
ATCP 93.745(2)(h)(h) An owner or operator using a local government fund under s. ATCP 93.735 shall maintain all of the following documents:
ATCP 93.745(2)(h)1.1. A copy of the state statute or provision or local government ordinance or order that dedicates the fund.
ATCP 93.745(2)(h)2.2.
ATCP 93.745(2)(h)2.a.a. Year-end financial statements for the most recent completed financial reporting year showing the amount in the fund.
ATCP 93.745(2)(h)2.b.b. If the fund is established using incremental funding backed by bonding authority, financial statements showing the previous year’s balance, the amount of funding during the year, and the closing balance in the fund.
ATCP 93.745(2)(h)3.3. If the fund is established using incremental funding backed by bonding authority, documentation showing the required bonding authority, including either the results of a voter referendum or attestation by the Wisconsin attorney general.
ATCP 93.745(2)(i)(i) A local government owner or operator using the local government guarantee supported by the local government fund shall maintain a copy of the guarantor’s year-end financial statements for the most recent completed financial reporting year showing the amount of the fund.