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.

ATCP 93.745(2)(j) (j)

ATCP 93.745(2)(j)1. 1. An owner or operator using an assurance mechanism specified in ss. ATCP 93.710 to 93.735 shall maintain an updated copy of an affidavit of financial responsibility worded exactly as specified in 40 CFR 280.111 (b) (11) (i), except as specified in subds. 2. and 3.

ATCP 93.745(2)(j)2. 2. The instructions in brackets in the affidavit shall be replaced by the relevant information and the brackets deleted.

ATCP 93.745(2)(j)3. 3. If financial responsibility for aboveground tanks within the scope of this subchapter is demonstrated using this method, all of the following changes shall be made:

ATCP 93.745(2)(j)3.a. a. Any reference in the affidavit to underground tanks shall be amended to refer to aboveground tanks.

ATCP 93.745(2)(j)3.b. b. Any certification that wording is identical to the wording required in 40 CFR 280.111 (b) (11) (i) shall be deleted.

ATCP 93.745 Note Note: A copy of the affidavit of financial responsibility required in 40 CFR 280.111 (b) (11) (i) is available from the department’s Web site at https://datcp.wi.gov/Pages/Programs_Services/PetroleumHazStorageTanksForms.aspx.

ATCP 93.745(2)(j)4. 4. The owner or operator shall update the affidavit referenced in subd. 1. annually and whenever the financial assurance mechanisms used to demonstrate financial responsibility change or when requested by the department.

ATCP 93.745 History History: CR 17-092: cr. Register October 2019 No. 766, eff. 11-1-19.

ATCP 93.747 ATCP 93.747 Drawing on financial assurance mechanisms.

ATCP 93.747(1) (1) 

ATCP 93.747(1)(a) (a) The department shall require the guarantor, surety, or institution issuing a letter of credit to place the amount of funds stipulated by the department, up to the limit of funds provided by the financial assurance mechanism, into the standby trust if the conditions under either par. (b) or (c) apply.

ATCP 93.747(1)(b) (b)

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.