ATCP 93.747(1)(b)1.1. The owner or operator fails to establish alternate financial assurance within 60 days after receiving notice of cancellation of the guarantee, surety bond, letter of credit, or other financial assurance mechanism.

ATCP 93.747(1)(b)2.2. The department determines or suspects that a release from a storage tank covered by the mechanism has occurred and so notifies the owner or operator, or the owner or operator has notified the department of natural resources pursuant to s. ATCP 93.585 of a release from a storage tank covered by the mechanism.

ATCP 93.747(2)(a)(a) The department may draw on a standby trust fund when the conditions under either par. (b) or (c) apply.

ATCP 93.747(2)(b)(b) The department makes a final determination that a release has occurred and immediate or long-term corrective action for the release is needed, and the owner or operator, after appropriate notice and opportunity to comply, has not conducted corrective action in accordance with ss. ATCP 93.570 to 93.585.

ATCP 93.747(2)(c)1.1. Certification from the owner or operator and the third-party liability claimants and from attorneys representing the owner or operator and the third-party liability claimants that a third-party liability claim should be paid. The certification shall be worded exactly as specified in 40 CFR 280.112 (b) (2) (i), except for the following:

ATCP 93.747(2)(c)1.a.a. The instructions in brackets in the certification shall be replaced by the relevant information and the brackets deleted.

ATCP 93.747(2)(c)1.b.b. If financial responsibility for aboveground tanks within the scope of this subchapter is demonstrated using this method, reference in the certification to underground tanks shall be amended to refer to aboveground tanks, and any certification that wording is identical to the wording required in 40 CFR 280.112 (b) (2) (i) shall be deleted.

ATCP 93.747 NoteNote: A copy of the affidavit of financial responsibility required in 40 CFR 280.111 (b) (2) (i) is available from the department’s Web site at https://datcp.wi.gov/Pages/Programs_Services/PetroleumHazStorageTanks.aspx.

ATCP 93.747(2)(c)2.2. A valid final court order establishing a judgment against the owner or operator for bodily injury or property damage caused by an accidental release from a storage tank covered by financial assurance under this subchapter and the department determines that the owner or operator has not satisfied the judgment.

ATCP 93.747(3)(3) If the department determines that the amount of corrective-action costs and third-party liability claims eligible for payment under sub. (2) may exceed the balance of the standby trust fund and the obligation of the provider of financial assurance, the first priority for payment shall be corrective action costs necessary to protect human health and the environment. The department shall pay third-party liability claims in the order in which the department receives certifications under sub. (2) (c) 1. and valid court orders under sub. (2) (c) 2.

ATCP 93.750ATCP 93.750 Release from the requirements. An owner or operator is no longer required to maintain financial responsibility under this subchapter for a storage tank after the tank has been permanently closed or, if corrective action is required, after corrective action has been completed and the tank has been permanently closed in accordance with ss. ATCP 93.560 to 93.585 for underground tanks and ss. ATCP 93.460 to 93.470 for aboveground tanks.

ATCP 93.753(1)(1) Within 10 days after commencement of a proceeding under Title 11, U.S. Code, naming an owner or operator as debtor, the owner or operator shall notify the department by certified mail of such commencement and submit the appropriate forms listed in s. ATCP 93.745 (2) documenting current financial responsibility.

ATCP 93.753(2)(2) Within 10 days after commencement of a proceeding under Title 11, U.S. Code, naming a guarantor providing financial assurance as debtor, such guarantor shall notify the owner or operator by certified mail of such commencement as required under the terms of the guarantee specified in s. ATCP 93.713.

ATCP 93.753(2g)(2g) Within ten days after commencement of a voluntary or involuntary proceeding under Title 11, U. S. Code, naming a local government owner or operator as debtor, the local government owner or operator shall notify the department by certified mail of such commencement and submit the appropriate forms listed in s. ATCP 93.745 (2) documenting current financial responsibility.

ATCP 93.753(2r)(2r) Within ten days after commencement of a voluntary or involuntary proceeding under Title 11, U.S. Code, naming a guarantor providing a local government financial assurance as debtor, such guarantor shall notify the local government owner or operator by certified mail of such commencement as required under the terms of the guarantee specified in s. ATCP 93.733.

ATCP 93.753(3)(a)(a) An owner or operator who obtains financial assurance by a mechanism other than the financial test of self-insurance shall be deemed to be without the required financial assurance in the event of a bankruptcy or incapacity of its provider of financial assurance, or a suspension or revocation of the authority of the provider of financial assurance to issue a guarantee, insurance policy, risk retention group coverage policy, surety bond, letter of credit, or state-required mechanism.

ATCP 93.753(3)(b)(b) The owner or operator shall obtain alternate financial assurance as specified in this subchapter within 30 days after receiving notice of such an event.

ATCP 93.753(3)(c)(c) If the owner or operator does not obtain alternate coverage within 30 days after such notification, he or she shall notify the department.

ATCP 93.753(4)(4) Within 30 days after receipt of notification that the state fund or other state assurance has become incapable of paying for assured corrective action or third-party compensation costs, the owner or operator shall obtain alternate financial assurance.