Chapter NR 758
INSURANCE AND FINANCIAL RESPONSIBILITY AT CONTAMINATED SEDIMENT SITES IN
THE VOLUNTARY PARTY LIABILITY EXEMPTION PROGRAM
NR 758.07 Insurance requirement. NR 758.09 Calculating the amount of the insurance coverage. NR 758.11 Length of coverage. NR 758.12 Proof of insurance. NR 758.13 Financial responsibility other than insurance. NR 758.15 Waiver of insurance requirement. NR 758.19 Certificate of completion. NR 758.21 Failure to satisfy requirements in this chapter. NR 758.01NR 758.01 Purpose. This chapter establishes rules and procedures promulgated under s. 292.15 (2) (af) 3m. and (e), Stats., that the department shall use to determine if voluntary parties have met the requirements under s. 292.15 (2) (af), Stats., related to environmental insurance, or other forms of financial responsibility, for voluntary parties seeking liability exemptions for sites with contaminated sediment. NR 758.01 HistoryHistory: EmR2032: emerg. cr., eff. 9-8-20; CR 20-038: cr. Register September 2021 No. 789, eff. 10-1-21; correction made under s. 13.92 (4) (b) 7., Stats., Register September 2021 No. 789. NR 758.03NR 758.03 Applicability. This chapter applies to voluntary parties, and successors and assigns of voluntary parties, as described under s. 292.15 (3), Stats., seeking an exemption from liability for voluntary party remediation under s. 292.15 (2) (af), Stats., where contaminated sediment exists from a release of a hazardous substance on or originating from a property. In this chapter, requirements that apply to a voluntary party shall also apply to successors or assigns of the voluntary party, if the successor or assignee agrees to pay for the insurance required under this chapter pursuant to a third-party agreement shared with the department. NR 758.03 HistoryHistory: EmR2032: emerg. cr., eff. 9-8-20; CR 20-038: cr. Register September 2021 No. 789, eff. 10-1-21; correction made under s. 13.92 (4) (b) 7., Stats., Register September 2021 No. 789. NR 758.05(1)(1) “Preexisting pollution condition” means contaminated soil, groundwater or sediment or other media from a discharge of a hazardous substance that occurred prior to the date the environmental investigation of a property was approved by the department. NR 758.05 NoteNote: Section 292.15 (1) (c), Stats., defines “property” to mean “the area of real property that is included in an application to obtain an exemption under this section, made up of a legally identifiable parcel or legally identifiable contiguous parcels created in compliance with applicable laws.” NR 758.05 NoteNote: Section 292.15 (1) (f), Stats., defines “voluntary party” to mean a person who submits an application to obtain an exemption under s. 292.15, Stats., and pays any fees required under s. 292.15 (5), Stats. NR 758.05 HistoryHistory: EmR2032: emerg. cr., eff. 9-8-20; CR 20-038: cr. Register September 2021 No. 789, eff. 10-1-21.