AB222-ASA1,1,65
20.370
(2) (dj)
Fox River cleanup arbitration. All moneys received under s.
6292.83 (3) to pay the costs related to the arbitration procedure under s. 292.83.
AB222-ASA1,2,6
8292.83 Arbitration of Fox River cleanup coverage dispute. (1) The
9department shall establish a binding arbitration procedure, which shall be governed
10by ch. 788, for resolving all claims related to insurance coverage for the costs related
11to remedial action involving the removal of at least 10,000 tons of contaminated
12material from the bed or banks of the Fox River. The department shall identify and
1notify all persons that are responsible under this chapter or the federal
2Comprehensive Environmental Response, Compensation, and Liability Act,
42 USC
39601 to
9675, for that remedial action and, with the assistance of the commissioner
4of insurance, all insurers that are potentially responsible for paying claims related
5to the remedial action, who shall submit their disputes to the binding arbitration
6under this section.
AB222-ASA1,2,14
7(2) Under the procedure, all responsible persons identified by the department
8under sub. (1) shall together select one arbitrator, all insurers identified by the
9department under sub. (1) shall together select one arbitrator, and the 2 arbitrators
10selected shall together select a 3rd arbitrator. The department shall assign
11employees of the department to provide administrative services to the arbitration
12panel. The arbitrators shall resolve all issues related to insurance coverage for costs
13related to the remedial action, including the insurers responsible for payment, the
14persons to whom payments are due, and the amounts of the payments.
AB222-ASA1,2,17
15(3) The department shall assess and collect fees from the parties to the
16arbitration procedure under sub. (2) to cover costs related to the arbitration
17procedure.