NR 667.0116NR 667.0116 What shall I do with contaminated equipment, structure and soils? You shall properly dispose of or decontaminate all contaminated equipment, structures, and soils during the partial and final closure periods. By removing any hazardous wastes or hazardous constituents during partial and final closure, you may become a generator of hazardous waste and shall handle that waste following all applicable requirements of ch. NR 662.

NR 667.0117NR 667.0117 How do I certify closure? Within 60 days of the completion of final closure of each unit under a subch. J of ch. NR 670 standardized license, you shall submit to the department, by registered mail, a certification that each hazardous waste management unit or facility, as applicable, has been closed following the specifications in the closure plan. Both you and a qualified professional engineer shall sign the certification. You shall furnish documentation supporting the independent registered professional engineer’s certification to the department upon request until the department releases you from the financial assurance requirements for closure under s. NR 667.0143 (9).

NR 667.0117 HistoryHistory: CR 16-007: cr. Register July 2017 No. 739, eff. 8-1-17; correction made under s. 35.17, Stats., Register July 2017 No. 739.

NR 667.0140(1)(1) The requirements in this subchapter apply to owners and operators who treat or store hazardous waste under a subch. J of ch. NR 670 standardized license, except as provided in s. NR 667.0001 (2) or sub. (4).

NR 667.0140(2)(2) The owner or operator shall:

NR 667.0140(3)(3) The owner or operator shall notify the department if the owner or operator is named as a debtor in a bankruptcy proceeding under Title 11 of the United States Code (See also s. NR 667.0148).

NR 667.0140(4)(4) States and the federal government are exempt from the requirements of this subchapter.

NR 667.0140 HistoryHistory: CR 16-007: cr. Register July 2017 No. 739, eff. 8-1-17; correction in (1) made under s. 35.17, Stats., Register July 2017 No. 739.

NR 667.0141(1)(1) “Closure plan” means the plan for closure prepared according to the requirements of s. NR 667.0112.

NR 667.0141(2)(2) “Current closure cost estimate” means the most recent of the estimates prepared according to s. NR 667.0142 (1), (2), and (3).

NR 667.0141(4)(4) “Parent corporation” means a corporation that directly owns at least 50 percent of the voting stock of the corporation which is the facility owner or operator. The latter corporation is deemed a subsidiary of the parent corporation.

NR 667.0141(6)(6) The following terms are used in the specifications for the financial tests for closure and liability coverage. The definitions are intended to assist in the understanding of these regulations and are not intended to limit the meanings of terms in a way that conflicts with generally accepted accounting practices:

NR 667.0141(6)(c)(c) “Independently audited” refers to an audit performed by an independent certified public accountant according to generally accepted auditing standards.

NR 667.0141(6)(d)(d) “Liabilities” means probable future sacrifices of economic benefits arising from present obligations to transfer assets or provide services to other entities in the future as a result of past transactions or events.

NR 667.0141(6)(e)(e) “Tangible net worth” means the tangible assets that remain after deducting liabilities. Tangible assets would not include intangibles such as goodwill and rights to patents or royalties.

NR 667.0141(7)(7) In the liability insurance requirements, the terms “bodily injury” and “property damage” shall have the meanings given these terms under state law. However, these terms do not include those liabilities which, consistent with standard industry practices, are excluded from coverage in liability policies for bodily injury and property damage. The department intends the meanings of other terms used in the liability insurance requirements to be consistent with their common meanings within the insurance industry. The following definitions of several of the terms are intended to assist in the understanding of these rules and are not intended to limit their meanings in a way that conflicts with general insurance industry usage:

NR 667.0141(7)(a)(a) “Accidental occurrence” means an accident, including continuous or repeated exposure to conditions, which results in bodily injury or property damage neither expected nor intended from the standpoint of the insured.

NR 667.0141(7)(b)(b) “Legal defense costs” means any expenses that an insurer incurs in defending against claims of third parties brought under the terms and conditions of an insurance policy.