Wisconsin Administrative Code › Department of Natural Resources › NR 700-799 - Environmental Protection - Investigation and Remediation of Environmental Contamination › Chapter NR 756 - Financial Responsibility At Contaminated Sediment Sites With Engineering Controls › Section NR 756.12 - Authorization to release funds

Current through June 24, 2024
(1) PLANNED
				ACTIONS. Subject to sub. (3), for costs under s. NR 756.04(2) (b) 1. and 3.,
				one year after the issuance of the interim action, remedial action, or closure
				approval that is the subject of the financial responsibility requirement, and
				annually thereafter for the proof period, the person required to submit proof
				who has carried out all required actions and response actions under the
				approved plan and compliance schedule during the preceding year may apply to
				the department for reimbursement of funds 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 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 requirements anticipated in the approved plan and
				compliance schedule, 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 amount of funds
				secured by the bond, insurance, or letter of credit, the department shall
				determine that adequate funds exist to complete the required actions under the
				plan and compliance schedule for the remaining proof period. The department
				shall make determinations within 90 days after the application is received. For
				persons using escrow accounts, trust accounts, or deposits with the department,
				the department may authorize the release and return of up to 75 percent of the
				expected cost of planned actions for the current year. Any funds remaining in
				an escrow account, trust account, or on deposit with the department at the
				termination of the proof period shall be released to the person required to
				submit proof.
(2) EVENTS AND
				THIRD-PARTY ACTIONS. Subject to sub. (3), for costs under s. NR 756.04(2) (b)
				2. and 4., when a person required to submit proof has completed all of the
				requirements under the plan and compliance schedule, the person required to
				submit proof 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. Upon determination by the department that requirements under the plan
				and compliance schedule have been fulfilled and financial responsibility for
				costs under s. NR 756.04(2) (b) 2. and 4. is no longer necessary to protect
				human health and the environment, 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. The
				department shall make a determination within 90 days after the application is
				received.
(3) E valuation of proof
				period. Prior to submitting an application for the release of funds under sub.
				(1) or (2), the person required to submit financial assurances under s. NR
				756.04(1) shall request in writing that the department review the length of the
				plan and compliance schedule and the length of the proof period for each
				applicable financial responsibility requirement. The department shall respond
				within 60 days of the request and shall provide the length of any extension or
				reduction in writing.