NR 758.07(2)(f)(f) As an alternative to the endorsement language required under par. (e), the voluntary party may request that the department approve an alternative set of endorsements naming the voluntary party as the insured. The department may approve an alternative set of endorsements if all of the following requirements are met: NR 758.07(2)(f)1.1. The alternative endorsements do not dilute the coverage naming the department as an insured party that are required by this chapter. NR 758.07(2)(f)2.2. The alternative endorsements substantially meet the purpose and intent of this section. NR 758.07(2)(f)3.3. The voluntary party provides an explanation of why the required endorsements described under par. (e) were not provided. NR 758.07(2)(g)(g) If the insurer terminates or lapses coverage for any reason, the insurer shall directly notify the department of the termination within 30 days. NR 758.07(2)(h)(h) The insurance policy may not include any of the following: NR 758.07(2)(h)1.1. An exclusion that limits coverage for response action expenses caused by pre-existing pollution conditions in the sediment on, at, or emanating from the insured location. NR 758.07(2)(i)(i) The insurance policy shall state that, except for non-payment of premium or misrepresentation by the insured, cancellation or termination of the insurance by the insurer will only be effective upon the following occurrences: NR 758.07(2)(i)1.1. Notification to the department and the voluntary party in writing by registered or certified mail not less than 90 days prior to the proposed cancellation date. NR 758.07(2)(i)2.2. Not less than 30 days prior to the expiration of the 90-day notice period, the voluntary party shall deliver to the department a replacement insurance policy or other proof of financial responsibility in compliance with this section that shall remain in effect for the length of coverage required under s. NR 758.11. NR 758.07(2)(j)(j) If the insurer becomes bankrupt or insolvent or if the company receives an unfavorable evaluation under s. 618.41 (6) (d), Stats., the voluntary party or its successor or assigns shall, within 30 days after receiving written notice, deliver to the department a replacement insurance policy or other proof of financial responsibility under this section. The replacement insurance policy or proof of financial responsibility shall remain in effect for the length of coverage required under s. NR 758.11. NR 758.07(2)(k)(k) The insurance policy shall contain a provision allowing assignment of the policy to a successor of the voluntary party. Assignment may be conditioned upon the consent of the insurer, provided consent is not unreasonably refused. NR 758.07(3)(3) If coverage beyond the required coverage described in this chapter is obtained, the voluntary party shall submit the insurance endorsements to the department, if requested by the department. If the department determines that the additional coverage and endorsements adversely interfere with coverage required under this chapter, the department may determine that the requirements of this section have not been met and deny the application for a liability exemption. NR 758.07 HistoryHistory: EmR2032: emerg. cr., eff. 9-8-20; CR 20-038: cr. Register September 2021 No. 789, eff. 10-1-21. NR 758.09NR 758.09 Calculating the amount of the insurance coverage. To calculate the amount of insurance coverage required, the voluntary party shall submit to the department a summary of the total costs spent on the investigation and remediation of the contaminated sediment at the insured location, including all money spent by the voluntary party as well as other parties including local, state, or federal government entities. The limits of the insurance shall be dedicated to the response actions of the insured location and may not be shared with other coverage parts and may not be limited by the insurance policy’s aggregate limit for other coverages. The insurance shall provide coverage with limits of no less than the following: NR 758.09(1)(1) If the cost of the site investigation and remediation of the contaminated sediment was less than $1,500,000, then the insurance limit for response action coverage shall be at least $1,000,000. NR 758.09(2)(2) If the cost of the site investigation and remediation of the contaminated sediment was $1,500,000 to $3,999,999, then the insurance limit for response action coverage shall be at least $3,000,000. NR 758.09(3)(3) If the cost of the site investigation and remediation of the contaminated sediment was $4,000,000 or more, then the insurance limit for response action coverage shall be at least $5,000,000. NR 758.09(4)(4) If the voluntary party is unable to provide a summary of the costs, the voluntary party shall provide the coverage described under sub. (3). NR 758.09 HistoryHistory: EmR2032: emerg. cr., eff. 9-8-20; CR 20-038: cr. Register September 2021 No. 789, eff. 10-1-21; correction in (intro.) made under s. 35.17, Stats., Register September 2021 No. 789. NR 758.10(1)(1) All insurance policies providing coverage required under this chapter shall be written with a per-occurrence deductible and not with a self-insured retention basis. NR 758.10(2)(2) The insurance policy shall have a deductible of no more than $50,000 per occurrence unless a higher deductible is approved by the department in writing before the certificate of completion is issued. NR 758.10(3)(3) If a claim is made on the policy by the department, the department may pay the deductible if funds are available. NR 758.10(4)(4) The voluntary party shall pay a fee to the department that is equal to 5 percent of the deductible before a certificate of completion is issued. The department may use those funds toward payment of a future deductible. NR 758.10 HistoryHistory: EmR2032: emerg. cr., eff. 9-8-20; CR 20-038: cr. Register September 2021 No. 789, eff. 10-1-21.