Wisconsin Administrative Code › Department of Natural Resources › NR 600-699 - Environmental Protection - Hazardous Waste Management › Chapter NR 664 - Hazardous Waste Treatment, Storage And Disposal Facility Standards › Subchapter H - Financial Requirements › Section NR 664.0147 - Liability requirements

Current through June 24, 2024
(1) COVERAGE FOR
				  SUDDEN ACCIDENTAL OCCURRENCES. An owner or operator of a hazardous waste
				  treatment, storage or disposal facility, or a group of 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 $1 million per occurrence with an annual aggregate of at least $2
				  million, exclusive of legal defense costs. This liability coverage may be
				  demonstrated as specified in par. (a), (b), (c), (d), (e) or (f):
(a) An owner or operator may demonstrate the
				  required liability coverage by having liability insurance as specified in this
				  subsection.
1. Each insurance policy shall be
				  amended by attachment of the hazardous waste facility liability endorsement or
				  evidenced by a certificate of liability insurance. The wording of the
				  endorsement shall be identical to the wording specified in s.
				  NR
				  664.0151(9). The wording of the
				  certificate of insurance shall be identical to the wording specified in s.
				  NR
				  664.0151(10). The owner or operator
				  shall submit a signed duplicate original of the endorsement or the certificate
				  of insurance to the department and the state agency regulating hazardous waste
				  or with the appropriate EPA regional administrators if the facilities are
				  located in unauthorized states. If requested by the department, the owner or
				  operator shall provide a signed duplicate original of the insurance policy. An
				  owner or operator of a new facility shall submit the signed duplicate original
				  of the hazardous waste facility liability endorsement or the certificate of
				  liability insurance to the department at least 60 days before the date on which
				  hazardous waste is first received for treatment, storage or disposal. The
				  insurance shall be effective before this initial receipt of hazardous
				  waste.
2. Each insurance policy
				  shall be issued by an insurer which, at a minimum, is licensed to transact the
				  business of insurance, or eligible to provide insurance as an excess or surplus
				  lines insurer, in one or more states.
3. The department, after conferring with the
				  Wisconsin insurance commissioner, shall determine the acceptability of a
				  surplus lines or captive insurance company to provide coverage for proof of
				  financial responsibility. The department shall ask the insurance commissioner
				  to provide a financial analysis of the insurer including a recommendation as to
				  the insurer's ability to provide the required coverage. The department may
				  require a periodic review of the acceptability of a surplus lines or captive
				  insurance company.