Wisconsin Administrative Code › Department of Natural Resources › NR 500-599 - Environmental Protection - Solid Waste Management › Chapter NR 520 - Solid Waste Management Fees And Financial Responsibility Requirements › Section NR 520.12 - Authorization to release funds

Current through June 24, 2024
(1) CLOSURE. When
				an owner or operator has completed closure, the owner may apply to the
				department for release of the bond, insurance or the letter of credit or return
				of the money held on deposit, in escrow, or in trust for closure of the
				facility. The application shall be accompanied by a report under the seal of a
				registered professional engineer which documents that the facility has been
				closed in accordance with the plan of operation approval and ch. NR 514, and
				summarizes the actual closure costs incurred. Upon determination by the
				department that complete closure has been accomplished, the department shall
				authorize in writing the release and return of all funds accumulated in such
				accounts or give written permission for cancellation of the bond, insurance or
				letter of credit. Determinations shall be made within 90 days of the
				application.
(2) LONG-TERM CARE.
				One year after closure, and annually thereafter for the period of owner
				responsibility, the owner who has carried out all necessary long-term care
				during the preceding year may make application to the department for
				reimbursement from an escrow account, trust account, deposit with the
				department, or other approved methods, or for reduction of the bond, insurance
				or letter of credit equal to the estimated costs for long-term care for that
				year. The application shall be accompanied by an itemized list of costs
				incurred. Upon determination that the expenditures incurred are in accordance
				with the long-term care requirements anticipated in the approved plan of
				operation, the department may authorize in writing the release of the funds or
				approve a reduction in the bond, insurance or letter of credit. Prior to
				authorizing a release of the funds or a reduction of the bond, insurance or
				letter of credit, the department shall determine that adequate funds exist to
				complete required long-term care work for the remaining period of owner
				responsibility. Determinations shall be made within 90 days after the
				application. For facilities using escrow accounts, trust accounts or deposits
				with the department, the department may authorize the release and return of up
				to 75% of the expected cost of long-term care for the current year. Any funds
				remaining in an escrow account, trust account, or on deposit with the
				department at the termination of the period of owner responsibility shall be
				released to the owner.
(3) REMEDIAL
				ACTIONS. One year following the midpoint of the period of time that
				implementation of a remedial action is expected to take, and annually
				thereafter for the period of the remedial action, the owner who has carried out
				all required activities during the preceding year may make application to the
				department for reimbursement from an escrow account, trust account, deposit
				with the department, or other approved methods, or for reduction of the bond,
				insurance or letter of credit equal to the estimated costs of remedial
				activities for that year. The application shall be accompanied by a report
				under the seal of a licensed professional engineer which documents the actual
				remedial activity costs incurred for that year. Upon determination that the
				expenditures incurred are in accordance with the approved remedial action
				requirements, the department may authorize in writing the release of the funds
				or approve a reduction in the bond, insurance or letter or credit. Prior to
				authorizing a release of the funds or a reduction of the bond, insurance or
				letter of credit, the department shall determine that adequate funds exist to
				complete the required remedial work over the remaining remedial action period.
				Determinations shall be made within 90 days of the application. Any funds
				remaining in an escrow account, trust account, or on deposit with the
				department upon the successful completion of the approved remedial action shall
				be released to the owner.