Chapter NR 520

NR 520.04(4)(g) (g) The plan review fees specified in Table 3 for landfills and surface impoundments cover the department’s review from initial submittal through approval or denial of the report or plan. An applicant may withdraw and revise or supplement a report or plan prior to it being deemed complete and resubmit it without paying an additional review fee. The applicant shall pay an additional plan review fee as specified in Table 3 for resubmittal of a plan that has been withdrawn after having been determined to be complete or for review of a report that has twice been declared incomplete.

NR 520.04(4)(h) (h) A plan modification fee in Table 3 applies to a submittal that proposes to modify any of the following:

NR 520.04(4)(h)1. 1. A plan of operation previously approved by the department.

NR 520.04(4)(h)2. 2. A closure plan previously approved by the department.

NR 520.04(4)(h)3. 3. The design management zone.

NR 520.04(4)(h)4. 4. Calculation of indicator preventive action limits or alternative concentration limits as defined in ch. NR 140.

NR 520.04(4)(h)5. 5. Exemptions to any groundwater standard under ch. NR 140 in a previously approved plan of operation.

NR 520.04(4)(i) (i) The supplementary review fee in Table 3 applies to any of the following submittals:

NR 520.04(4)(i)1. 1. An alternative geotechnical investigation plan under s. NR 512.085.

NR 520.04(4)(i)2. 2. An initial site construction approval request under s. NR 514.04 (6m) or for small and intermediate sized landfills under ch. NR 503.

NR 520.04(4)(i)3. 3. A site investigation or remedial action plan for environmental remediation.

NR 520.04(5) (5) Construction inspection fees. A construction inspection fee as specified in Table 2 or 3, as applicable, required under s. NR 500.09 shall be paid to the department by the applicant at the time of submittal of a construction documentation report or as specified in the plan approval. A maximum of 10 inspections per major phase of construction may be required.

NR 520.04(6) (6) Certification fees for solid waste disposal facility operators. Fees for examination, certification, recertification, program approvals, and interim status approvals as required under ch. NR 524 shall be as follows:

NR 520.04(6)(a) (a) Examination for facility manager   $50.00

NR 520.04(6)(b) (b) Examination for site operator   $50.00

NR 520.04(6)(c) (c) Facility manager initial certification or
recertification   $150.00

NR 520.04(6)(d) (d) Site operator initial certification or
recertification   $150.00

NR 520.04(6)(g) (g) Interim facility manager certification   $150.00

NR 520.04(6)(h) (h) Interim site operator certification   $150.00

NR 520.04(6)(i) (i) Late processing fee for recertification as required in s. NR 524.12 (3) $100.00

NR 520.04(7) (7) Compliance inspection fees for exempt non-landfill facilities. Compliance inspection fees as required under ss. NR 502.05 (3) (k) 8. and 502.07 (2r) (g) shall be paid to the department by the applicant in the amount specified in ch. NR 520, Table 2.

NR 520.04 History History: Cr. Register, January, 1988, No. 385, eff. 2-6-88; am. (1) (intro.), (a) and (2), Register, September, 1989, No. 405, eff. 10-1-89; am. (4), Register, May, 1992, No. 437, eff. 6-1-92; cr. (6), Register, May, 1994, No. 461, eff. 6-1-94; am. Table 1, Register, October, 1994, No. 466, eff. 11-1-94; am. (1) (intro.), (a) to (c), (2), (3), (4) (intro.), (a), cr. (1m), Register, June, 1996, No. 486, eff. 7-1-96; renum. (1) (d) to be (1) (e), (4) (b) to be (4) (c), cr. (1) (d) and (4) (b), r. (1m), Register, August, 1997, No. 500, eff. 9-1-97, except cr. (1) (d) and r. (1m) eff. 10-1-97; am. (1) (d) 1. and (1) (e), Register, September, 1998, No. 513, eff. 10-1-98; CR 02-145: r. and recr. (1) (d), am. (5) Register December 2003 No. 576, eff. 1-1-2004; CR 04-077: am. (4) (a) Register November 2005 No. 599, eff. 12-1-05; CR 05-020: r. (6) (e) and (f), cr. (7) Register January 2006 No. 601, eff. 2-1-06; correction in (6) (i) made under s. 13.93 (2m) (b) 7., Stats., Register January 2006 No. 601; CR 06-025: am. (1) (d) 5. Register May 2007 No. 617, eff. 6-1-07; correction in (1) (d) 5. made under s. 13.92 (4) (b) 7., Stats., Register December 2018 No. 756; EmR2123: emerg. am. (6) (a), (b), eff. 8-21-21; CR 21-068: am. (6) (a), (b) Register April 2022 No. 796, eff. 5-1-22; CR 24-063: am. (1) (a), (b), (d) 3., 5., cr. (1) (d) 6., am. (3), (4) (intro.), (a), r. (4) (b), (c), cr. (4) (d) to (i) Register September 2025 No. 837, eff. 10-1-25; correction in (1) (a) made under s. 35.17, Stats., Register September 2025 No. 837.

NR 520.05 NR 520.05 Financial responsibility for closure, long-term care and remedial actions.

NR 520.05(1) (1) Owner’s responsibility. The owner of any landfill is responsible for its closure, for any remedial actions required by the department, and for its perpetual long-term care. Owners of landfills or other solid waste facilities shall provide proof of financial responsibility as determined by Table 1 and the remainder of this chapter. Those facilities required to provide proof of financial responsibility shall submit the proof prior to obtaining their operating license and annually thereafter for the period of active facility life, or longer when required, to ensure compliance with closure, long-term care, or remedial actions.

Table 1
Proof of Owner Financial Responsibility

- See PDF for table

- See PDF for table

NR 520.05(2) (2) Successors in interest. Any person acquiring rights of ownership, possession or operation of a licensed facility shall be subject to all requirements of the license for the facility and shall provide any required proof of financial responsibility to the department in accordance with this section. The previous owner shall maintain proof of financial responsibility until the person acquiring ownership, possession or operation of the facility obtains department approval of proof of financial responsibility.

NR 520.05 History History: Cr. Register, January, 1988, No. 385, eff. 2-6-88, r. and recr., Register, June, 1996, No. 486, eff. 7-1-96; r. (2) and (3), Register, August, 1997, No. 500, eff. 9-1-97; CR 24-063: am. (1) (intro.), Table 1 Register September 2025 No. 837, eff. 10-1-25.

NR 520.06 NR 520.06 Methods of providing proof of financial responsibility. Financial assurances for closure, long-term care, and remedial actions when required, shall be established separately. The owner shall specify, as part of the plan of operation submittal or prior to operation for facilities that do not require a plan of operation, which method of providing proof of financial responsibility will be used for closure and for long-term care. To provide proof of financial responsibility, the applicant shall use only one of the following methods for each account unless more than one method is approved by the department in writing:

NR 520.06(1) (1) Performance or forfeiture bond.

NR 520.06(1)(a) (a) If the owner chooses to submit a bond, it shall be in the amount determined according to s. NR 520.08 (1) (b), (2) (b) or (3) (b), if required, conditioned upon faithful performance by the owner and any successor in interest, of all closure or long-term care requirements of the approved plan of operation or subsequent remedial actions required by the department. Bonds for closure or long-term care shall be delivered to the department as part of the initial operating license application. All bonds shall be established using forms supplied by the department.

NR 520.06(1)(b) (b) Bonds shall be issued by a surety company among those listed as acceptable sureties for federal bonds in Circular 570 of the U.S. department of the treasury. At the option of the owner, a performance bond or a forfeiture bond may be filed. The department shall be the obligee of the bond. Surety companies may have the opportunity to complete the closure or long-term care of the facility in lieu of cash payment to the department if the owner or any successor in interest fails to carry out the closure or long-term care requirements of the approved plan of operation. The department shall mail notification of its intent to use the funds for that purpose to the last known address of the owner. If the owner submits a written request for a hearing to the secretary of the department within 20 days after the mailing of the notification, the department shall, prior to using the funds, hold a hearing for the purpose of determining whether or not the closure or long-term care requirements of the approved plan of operation have been carried out.

NR 520.06 Note Note: Copies of Circular 570, “Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies” can be obtained from surety bond branch, financial management service, department of the treasury, Washington D.C. 20227, phone [phone]. Copies are available for inspection at the offices of the department of natural resources, the secretary of state, and the legislative reference bureau.

NR 520.06(1)(c) (c) Each bond shall provide that, as long as any obligation of the owner for closure or long-term care remains, the bond may not be canceled by the surety, unless a replacement bond or other proof of financial responsibility under this section is provided to the department by the owner. If the surety proposes to cancel such a bond, the surety shall provide notice to the department and to the owner in writing by registered or certified mail not less than 90 days prior to the proposed cancellation date. Not less than 30 days prior to the expiration of the 90-day notice period, the owner shall deliver to the department a replacement bond or other proof of financial responsibility under this section, in the absence of which all disposal operations shall immediately cease and the bond shall remain in effect as long as any obligation of the owner remains for closure or long-term care. The surety may discharge its obligation under the bond at anytime by paying the unused portion of the bond to the department.

NR 520.06(1)(d) (d) If the surety company becomes bankrupt or insolvent or if its authorization to do business is revoked or suspended, the owner shall, within 30 days after receiving written notice, deliver to the department a replacement bond or other proof of financial responsibility under this section, in the absence of which all disposal operations shall immediately cease and the bond shall remain in effect as long as any obligation of the owner remains for closure or long-term care.

NR 520.06(2) (2) Deposit with the department. If the owner chooses to deposit cash, certificates of deposit or U.S. government securities with the department, the amount of the deposit shall be determined according to s. NR 520.08 (1) (a), (2) (a) or (3) (a), if required, and deposits for closure or long-term care shall be submitted as part of the initial license application. Cash deposits placed with the department shall be segregated and invested in an interest bearing account. All interest payments shall be accumulated in the account. The department shall have the right to use part or all of the funds to carry out the closure or long-term care requirements of the approved plan of operation if the owner fails to do so. The department shall mail notification of its intent to use funds for that purpose to the last known address of the owner. If the owner submits a written request for a hearing to the secretary of the department within 20 days after the mailing of notification, the department shall, prior to using the funds, hold a hearing for the purpose of determining whether or not the closure or long-term care requirements of the approved plan of operation have been carried out.

NR 520.06(3) (3) Escrow account. If the owner establishes an escrow account, the amount shall be determined according to s. NR 520.08 (1) (a), (2) (a), or (3) (a), if required, and the account shall be with a bank or financial institution located within this state that is examined and regulated by the state or a federal agency. The assets in the escrow account shall consist of cash, certificates of deposit, or U.S. government securities. A total of no more than $250,000, or the standard federal deposit insurance corporation insurance limit, in cash and certificates of deposit may be placed into escrow accounts or trust accounts established by the owner in the same bank or financial institution for the purposes of providing financial assurance to the department. U.S. government securities shall be used in these escrow or trust accounts for amounts in excess of $250,000, or the standard federal deposit insurance corporation insurance limit. All interest or coupon payments shall accumulate in the account. A duplicate original of the escrow agreement for closure or long-term care, with original signatures shall be submitted to the department as part of the initial operating license application. Escrow account forms shall be supplied by the department. The department shall be a party to the escrow agreement that shall provide that there shall be no withdrawals from the escrow account except as authorized in writing by the department. The escrow agreement shall further provide that the department shall have the right to withdraw and use part or all of the funds in the escrow account to carry out the closure or long-term care requirements of the approved plan of operation if the owner fails to do so. The department shall mail notification of its intent to use funds for that purpose to the last known address of the owner. If the owner submits a written request for a hearing to the secretary of the department within 20 days after the mailing of the notification, the department shall, prior to using the funds, hold a hearing for the purpose of determining whether or not the closure or long-term care requirements of the approved plan of operation have been carried out.

NR 520.06(4) (4) Irrevocable trust. If the owner creates an irrevocable trust, it shall be exclusively for the purpose of ensuring that the owner or any successor in interest will comply with the closure or long-term care requirements of the approved plan of operation. The trust agreement shall designate the department as sole beneficiary. The trustee shall be a bank or other financial institution located within this state that has the authority to act as a trustee and whose trust operations are regulated and examined by the state or a federal agency. The trust corpus shall consist of cash, certificates of deposit, or U.S. government securities in the amount determined according to s. NR 520.08 (1) (a), (2) (a) or (3) (a), if required. A total of no more than $250,000 or the standard federal deposit insurance corporation insurance limit, in cash and certificates of deposit, may be placed into escrow accounts or trust accounts established by the owner in the same bank or financial institution for the purposes of providing financial assurance to the department. U.S. government securities shall be used in these escrow or trust accounts for amounts in excess of $250,000 or the standard federal deposit insurance corporation insurance limit. All interest or coupon payments shall accumulate in the account. A duplicate original of the trust agreement for closure or long-term care, with original signatures shall be submitted to the department for approval as part of the initial operating license application. Trust forms shall be supplied by the department. The trust agreement shall provide that there shall be no withdrawal from the trust fund except as authorized in writing by the department. The trust agreement shall further provide that sufficient monies shall be paid from the trust fund to the beneficiary in the event that the owner or any successor in interest fails to complete the closure or long-term care requirements of the approved plan of operation. The department shall mail notification of its intent to use funds for that purpose to the last known address of the owner. If the owner submits a written request for a hearing to the secretary of the department within 20 days after the mailing of the notification, the department shall, prior to using the funds, hold a hearing for the purpose of determining whether or not the closure or long-term care requirements of the approved plan of operation have been carried out.

NR 520.06(5) (5) Letter of credit.

NR 520.06(5)(a) (a) If the owner chooses to submit a letter of credit, it shall be in the amount determined according to s. NR 520.08 (1) (b), (2) (b) or (3) (b), if required, and available exclusively for the purpose of assuring that all closure or long-term care requirements of the approved plan of operation will be complied with. The original letter of credit for closure or long-term care shall be delivered to the department as part of the initial operating license application. Letter of credit forms shall be supplied by the department.

NR 520.06(5)(b) (b) Letters of credit shall be issued by a bank or financial institution which has the authority to issue letters of credit and whose letter of credit operations are examined and regulated by a federal agency, or in the case of a bank or financial institution located within the state of Wisconsin, which is examined and regulated by the state or a federal agency. The department shall be the beneficiary of the letter of credit.

NR 520.06(5)(c) (c) The letter of credit shall provide either that the unused portion of the letter of credit shall be payable in full to the department upon the expiration of the letter of credit or that as long as any obligation of the owner for closure or long-term care remains, the letter of credit may not be canceled by the bank or financial institution, unless a replacement letter of credit or other proof of financial responsibility under this section is provided to the department by the owner. If the bank or financial institution proposes to cancel a letter of credit, the bank or financial institution shall provide notice to the department and the owner in writing by registered or certified mail not less than 90 days prior to the proposed cancellation date. Not less than 30 days prior to the expiration date of the 90-day notice period, the owner shall deliver to the department a replacement letter of credit or other proof of financial responsibility under this section, in the absence of which all disposal operations shall immediately cease and either the letter of credit shall remain in effect as long as any obligation of the owner remains for closure or long-term care or the unused portion of the letter of credit shall be payable in full to the department.

NR 520.06(5)(d) (d) If the bank or financial institution becomes bankrupt or insolvent or if its authorization to do business is revoked or suspended, the owner shall, within 30 days after receiving written notice, deliver to the department a replacement letter of credit or other proof of financial responsibility under this section, in the absence of which all disposal operations shall immediately cease and the letter of credit shall either remain in effect as long as any obligation of the owner remains for closure or long-term care or be payable in full to the department.

NR 520.06(5)(e) (e) The letter of credit shall further provide that the department has the right to withdraw and use part or all of the funds to carry out the closure or long-term care requirements of the plan of operation if the owner fails to do so. The department shall mail notification of its intent to use the funds for that purpose to the last known address of the owner. If the owner submits a written request for a hearing to the secretary of the department, within 20 days after the mailing of the notification, the department shall, prior to using the funds, hold a hearing for the purpose of determining whether or not the closure or long-term care requirements of the approved plan of operation have been carried out.

NR 520.06(6) (6) Net worth test.

NR 520.06(6)(a) (a) Only a company that meets the definition in s. 289.41 (1) (b), Stats., may use the net worth method of providing proof of financial responsibility.

NR 520.06(6)(b) (b) The company shall comply with the net worth test requirements of s. 289.41 (4) and (6) or (7), Stats., and the minimum security requirements of s. 289.41 (9), Stats., whichever is applicable.

NR 520.06(6)(c) (c) A company using the net worth test to provide proof of financial responsibility for more than one facility, including facilities located outside of Wisconsin, shall use the total cost of compliance for all facilities in determining the net worth to closure and long-term care and remedial action cost ratio.

NR 520.06(6)(d) (d) The department determinations under the net worth test shall be done in accordance with s. 289.41 (5), Stats.

NR 520.06(6m) (6m) Alternative method.

NR 520.06(6m)(a) (a) A municipality may establish proof of financial responsibility for a solid waste disposal facility using the alternative method procedures in this subsection.

NR 520.06(6m)(b) (b) In this subsection and when complying with the processes identified under s. 289.41 (3m), Stats.:

NR 520.06(6m)(b)1. 1. “Alternative method” means the option of establishing proof of financial responsibility for municipalities through a financial test described under s. 289.41 (3m), Stats., and this subsection.

NR 520.06(6m)(b)2. 2. “Cash plus marketable securities” means all the cash plus marketable securities held by the municipality on the last day of the fiscal year, excluding cash and marketable securities designated to satisfy past obligations such as pensions.

NR 520.06(6m)(b)3. 3. “Debt service” means the amount of principal and interest due on a loan in a given time period, typically the current year.

NR 520.06(6m)(b)4. 4. “Deficit” means total annual revenues minus total annual expenditures.

NR 520.06(6m)(b)5. 5. “Total annual expenditures” means all expenditures except capital outlays and debt repayment.

NR 520.06(6m)(b)6. 6. “Total annual revenues” means revenues from all taxes and fees. Total annual revenues does not include the proceeds from borrowing or asset sales or revenues from funds managed by a municipality on behalf of a specific 3rd party.

NR 520.06 Note Note: Definitions under this paragraph are derived from terms defined under 40 CFR 258.74 (f) as required by 2023 Wisconsin Act 107.

NR 520.06(6m)(c) (c) A municipality using the alternative method shall comply with the requirements of this subsection and s. 289.41 (3m), Stats.

NR 520.06(6m)(d) (d) A municipality using the alternative method to provide proof of financial responsibility for more than one solid waste disposal facility shall use the total cost of compliance for all solid waste disposal facilities owned or operated by the municipality when determining the necessary amount of owner financial responsibility.

NR 520.06(6m)(e) (e) A municipality using the alternative method shall apply to the department to establish proof of financial responsibility as a part of the initial license application or when submitting its annual cost adjustment under s. NR 520.10 (1). The application shall include all of the following:

NR 520.06(6m)(e)1. 1. A copy of the most recent annual audited financial statements prepared in conformity with ch. Accy 1 that include the opinion of the auditor, who must be an independent certified public accountant.

NR 520.06(6m)(e)2. 2. A document signed by the municipality’s chief financial officer that includes a list of all facilities for which the municipality is using this alternative method to demonstrate financial responsibility and the cost estimates for those facilities. The document must include certification by the municipality’s chief financial officer that the municipality meets the conditions of pars. (f), (h), and (i) and s. 289.41 (3m), Stats. The document shall include all relevant factual information supporting the certifications.

NR 520.06(6m)(e)3. 3. A report from an independent certified public accountant based on performing an agreed-upon procedures engagement relative to the financial standards required under this subsection and s. 289.41 (3m), Stats., that states the procedures performed and the certified public accountant’s findings.

NR 520.06(6m)(e)4. 4. A copy of the comprehensive annual financial report used to comply with par. (i).

NR 520.06(6m)(f) (f) The maximum amount of closure, long-term care, and remedial action costs for which a municipality may establish proof of financial responsibility for a solid waste disposal facility using the alternative method cannot be more than 43 percent of the municipality’s total annual revenue. The municipality shall obtain a standard method of proof of owner financial responsibility under s. 289.41 (3), Stats., for costs that exceed 43 percent of the municipality’s total annual revenue.

NR 520.06(6m)(g) (g) The department shall conduct a review and determine whether a municipality may use the alternative method under par. (h) at any of the following times:

NR 520.06(6m)(g)1. 1. The department shall conduct an initial review upon the first submittal of items by a municipality under par. (e). Submittals that meet the criteria under par. (h) 1. and receive a favorable determination by the department shall constitute the municipality’s proof of financial responsibility for a duration of one year or until an annual review determination under subd. 2.

NR 520.06(6m)(g)2. 2. An annual review is required under s. NR 520.10 (3m). A municipality shall submit items required under par. (e) annually. The department shall take into consideration any changes in the plan of operation and adjustments to the estimated total cost of compliance with requirements for closure and any long-term care or remedial action because of inflation or other changes. The department shall issue a favorable determination if the annual review submittal meets all of the criteria under par. (h) 1.

NR 520.06(6m)(g)3. 3. A special review may be conducted by the department at any time, if the department has reason to believe that a municipality no longer meets the alternative method requirements. Under a special review, the department may require a municipality to submit information and materials to demonstrate compliance with all of the requirements under par. (h) 1.

NR 520.06(6m)(h) (h) After any review conducted under par. (g), the department shall determine whether a municipality may use the alternative method in accordance with one of the following:

NR 520.06(6m)(h)1. 1. A favorable determination shall be made if a municipality meets all of the following criteria:

NR 520.06(6m)(h)1.a. a. The municipality is in compliance with all minimum financial standards under this subsection and s. 289.41 (3m), Stats.

NR 520.06(6m)(h)1.b. b. The municipality is not currently in default on any outstanding general obligation bonds.

NR 520.06(6m)(h)1.c. c. The municipality does not have any outstanding general obligation bonds rated lower than “Baa” as issued by Moody’s Investors Service or “BBB” as issued by Standard and Poor’s Corporation.

NR 520.06(6m)(h)1.d. d. The municipality has not operated at a deficit equal to 5 percent or more of total annual revenue in each of the past 2 fiscal years.

NR 520.06(6m)(h)1.e. e. The municipality has not received an adverse opinion, disclaimer of opinion, or other qualified opinion from the certified public accountant auditing the municipality’s financial statement as required under par. (e) 1. The department shall evaluate qualified opinions on a case-by-case basis and may allow for the use of the alternative method if the department deems the qualification insufficient to warrant disallowance of the use of the alternative method.

NR 520.06(6m)(h)2. 2. An adverse determination shall be made if the department determines that the municipality does not meet all of the criteria under subd. 1. The department shall issue findings in writing to support this determination and provide the municipality with an opportunity for a hearing. If the final determination is an adverse determination, the municipality shall establish proof of financial responsibility as required under s. 289.41 (3m) (b), Stats., using one of the standard methods within 45 days of the department’s determination.

NR 520.06(6m)(i) (i) If a municipality receives a favorable determination from the department under par. (h), the municipality shall do all of the following:

NR 520.06(6m)(i)1. 1. Place a reference to the closure and long-term care costs assured through the alternative method into its next comprehensive annual financial report after April 1, 2026, or prior to the initial receipt of waste at the facility, whichever is later. The reference shall include the nature and source of closure and long-term care requirements, the reported liability at the balance sheet date, the estimated total closure and long-term care cost remaining to be recognized, the percentage of landfill capacity used to date, and the estimated landfill life in years.

NR 520.06(6m)(i)2. 2. Place a reference to remedial action costs in the comprehensive annual financial report not later than 120 days after the remedial action remedy has been selected. For the first year that the alternative method is used to assure remedial action costs at a particular facility, the reference may instead be placed in the facility operating record until issuance of the next comprehensive annual financial report.

NR 520.06(6m)(i)3. 3. Include all of the items submitted under par. (e) in the facility operating record after April 1, 2026, or prior to the initial receipt of waste at the facility, whichever is later, and make the operating record available to the department upon request.

NR 520.06(7) (7) Insurance.

NR 520.06(7)(a) (a) If the owner chooses to submit an insurance policy for closure or long-term care, it shall be issued for the maximum risk limit determined according to s. NR 520.08 (1) (b), (2) (b) or (3) (b), if required. A certificate of insurance for closure or long-term care shall be delivered to the department as part of the initial operating license application. Certificate of insurance forms shall be supplied by the department.

NR 520.06(7)(b) (b) Except for captive insurance companies, the insurer shall be licensed to transact the business of insurance or eligible to provide insurance as an excess or surplus lines insurer in one or more states. 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 shall be the beneficiary of the insurance policy. The department may require a periodic review of the acceptability of a surplus lines or captive insurance company.

NR 520.06(7)(c) (c) The insurance policy shall provide either that the unused proceeds of the policy shall be payable in full to the department upon expiration of the policy or that, as long as any obligation of the owner for closure or long-term care remains, the insurance policy may not be canceled by the insurer unless a replacement insurance policy or other proof of financial responsibility under this section is provided to the department by the owner. If the insurer proposes to cancel an insurance policy, the insurer shall provide notice to the department and to the owner in writing by registered or certified mail not less than 90 days prior to the proposed cancellation date. Not less than 30 days prior to the expiration of the 90-day notice period, the owner shall deliver to the department a replacement insurance policy or other proof of financial responsibility under this section, in the absence of which all disposal operations shall immediately cease and either the policy shall remain in effect as long as any obligation of the owner remains for closure or long-term care or the proceeds of the policy shall be payable in full to the department.

NR 520.06(7)(d) (d) If the insurance company becomes bankrupt or insolvent or if the company receives an unfavorable evaluation under s. 618.41 (6) (d), Stats., the owner shall, within 30 days after receiving written notice, deliver to the department a replacement insurance policy or other proof of financial responsibility under this section in the absence of which all disposal operations shall immediately cease and the policy shall either remain in effect as long as any obligation of the owner remains for closure or long-term care or be payable in full to the department.