Wisconsin Administrative Code › Department of Natural Resources › NR 600-699 - Environmental Protection - Hazardous Waste Management › Chapter NR 667 - Standards For Owners And Operators Of Hazardous Waste Facilities Operating Under A Standardized License › Subchapter H - Financial Requirements › Section NR 667.0147 - Liability requirements

Current through June 24, 2024
(1) COVERAGE FOR
				  SUDDEN ACCIDENTAL OCCURRENCES. An owner or operator of a hazardous waste
				  treatment or storage facility, or a group of such facilities, shall demonstrate
				  financial responsibility for bodily injury and property damage to third parties
				  caused by sudden accidental occurrences arising from operations of the facility
				  or group of facilities. The owner or operator shall have and maintain liability
				  coverage for sudden accidental occurrences in the amount of at least one
				  million dollars per occurrence with an annual aggregate of at least $2,000,000,
				  exclusive of legal defense costs. This liability coverage may be demonstrated
				  as specified in pars. (a) to (g):
(a)
Trust fund for liability coverage.
An owner or operator may
				  meet the requirements of this section by obtaining a trust fund for liability
				  coverage as specified in s.
				  NR
				  664.0147(10).
(b)
Surety bond for liability
				  coverage.
An owner or operator may meet the requirements of this
				  section by obtaining a surety bond for liability coverage as specified in s.
				  NR
				  664.0147(9).
(c)
Letter of credit for liability
				  coverage.
An owner or operator may meet the requirements of this
				  section by obtaining a letter of credit for liability coverage as specified in
				  s.
				  NR
				  664.0147(8).
(d)
Insurance for liability
				  coverage.
An owner or operator may meet the requirements of this
				  section by obtaining liability insurance as specified in s.
				  NR 664.0147(1)
				  (a).
(e)
Financial test for liability
				  coverage.
An owner or operator may meet the requirements of this
				  section by passing a financial test as specified in sub. (6).
(f)
Guarantee for liability
				  coverage.
An owner or operator may meet the requirements of this
				  section by obtaining a guarantee as specified in sub. (7).
(g)
Combination of
				  mechanisms.
An owner or operator may demonstrate the required
				  liability coverage through the use of combinations of mechanisms as allowed by
				  s.
				  NR 664.0147(1)
				  (f).
(h) An owner or operator shall notify the
				  department in writing within 30 days whenever any of the following occurs:
1. A claim results in a reduction in the
				  amount of financial assurance for liability coverage provided by a financial
				  instrument authorized in pars. (a) to (g).
2. A certification of valid claim for bodily
				  injury or property damages caused by a sudden accidental occurrence arising
				  from the operation of a hazardous waste treatment, storage, or disposal
				  facility is entered between the owner or operator and third-party claimant for
				  liability coverage under pars. (a) to (g).
3. A final court order establishing a
				  judgment for bodily injury or property damage caused by a sudden accidental
				  occurrence arising from the operation of a hazardous waste treatment, storage,
				  or disposal facility is issued against the owner or operator or an instrument
				  that is providing financial assurance.