Section NR 758.13 - Financial responsibility other than insurance(1) The department shall accept a form of financial responsibility from the voluntary party other than insurance to meet the requirements of this chapter if all of the following conditions apply:(a) The financial responsibility is in the amount required under s. NR 758.09.(b) The financial responsibility will provide coverage for 25 years.(c) The financial responsibility covers response action expenses in the event that the department issues a written determination that additional remedial action is necessary due to the occurrence of any of the conditions described under s. 292.15(2) (b) 2 or 3., Stats.(d) The financial responsibility satisfies the requirements that a person required to submit proof financial responsibility under s. NR 756.04 (1) is required to follow, as specified under s. NR 756.06 (1), (2), (3), (4), and (5).(e) The hazardous substance contained in the contaminated sediment is not mercury, PCBs, as defined in s. 299.45(1) (a), Stats., or dioxin.(2) If a form of financial responsibility is provided other than insurance, the voluntary party shall do all of the following: (a) Follow the requirements under s. NR 756.09 if changes to the method of financial responsibility are requested.(b) Provide access to the department and its designees to enter upon the site or facility and carry out appropriate site investigation and response actions.(c) Take actions needed in order for the department to use part or all of the money deposited with the department, or the money deposited in escrow or trust accounts, or performance or forfeiture bonds, or letters of credit, or funds accumulated under other approved methods, to carry out the approved actions or plan and compliance schedule requirements.(d) Notify the department in the event of bankruptcy, insolvency, or receivership naming the voluntary party in accordance with s. NR 756.13.Wis. Admin. Code Department of Natural Resources § NR 758.13
Amended by, EmR2032: emerg. cr., eff. 9-8-20; CR 20-038: cr. Register September 2021 No. 789, eff. 10-1-21; correction in (1) (d) made under s. 13.92 (4) (b) 7., Stats., Register April 2023 No. 808, eff. 5/1/2023