NR 758.01 History History: EmR2032: emerg. cr., eff. 9-8-20; CR 20-038: cr. Register September 2021 No. 789, eff. 10-1-21; correction made under s. 13.92 (4) (b) 7., Stats., Register September 2021 No. 789.

NR 758.03 NR 758.03 Applicability. This chapter applies to voluntary parties, and successors and assigns of voluntary parties, as described under s. 292.15 (3), Stats., seeking an exemption from liability for voluntary party remediation under s. 292.15 (2) (af), Stats., where contaminated sediment exists from a release of a hazardous substance on or originating from a property. In this chapter, requirements that apply to a voluntary party shall also apply to successors or assigns of the voluntary party, if the successor or assignee agrees to pay for the insurance required under this chapter pursuant to a third-party agreement shared with the department.

NR 758.03 History History: EmR2032: emerg. cr., eff. 9-8-20; CR 20-038: cr. Register September 2021 No. 789, eff. 10-1-21; correction made under s. 13.92 (4) (b) 7., Stats., Register September 2021 No. 789.

NR 758.05 NR 758.05 Definitions.

NR 758.05(1) (1) “Preexisting pollution condition” means contaminated soil, groundwater or sediment or other media from a discharge of a hazardous substance that occurred prior to the date the environmental investigation of a property was approved by the department.

NR 758.05(2) (2) “Property” has the meaning specified under s. 292.15 (1) (c), Stats.

NR 758.05 Note Note: Section 292.15 (1) (c), Stats., defines “property” to mean “the area of real property that is included in an application to obtain an exemption under this section, made up of a legally identifiable parcel or legally identifiable contiguous parcels created in compliance with applicable laws.”

NR 758.05(3) (3) “Voluntary party” has the meaning specified under s. 292.15 (1) (f), Stats.

NR 758.05 Note Note: Section 292.15 (1) (f), Stats., defines “voluntary party” to mean a person who submits an application to obtain an exemption under s. 292.15, Stats., and pays any fees required under s. 292.15 (5), Stats.

NR 758.05 History History: EmR2032: emerg. cr., eff. 9-8-20; CR 20-038: cr. Register September 2021 No. 789, eff. 10-1-21.

NR 758.07 NR 758.07 Insurance requirement.

NR 758.07(1) (1) State insurance contract.

NR 758.07(1)(a) (a) If the department enters into a contract under s. 292.15 (2) (e), Stats., the voluntary party seeking a liability exemption under s. 292.15 (2) (af), Stats., shall do all of the following:

NR 758.07(1)(a)1. 1. Pay the department insurance fees calculated under par. (b).

NR 758.07(1)(a)2. 2. Submit a completed application form to the department.

NR 758.07(1)(a)3. 3. Comply with the requirements and procedures described in this chapter for the property to obtain coverage under the state’s master insurance contract.

NR 758.07(1)(b) (b) The department shall publish a state insurance contract fee schedule annually. The fee shall be calculated based on the cost of the insurance premium, a contribution towards the state’s deductible, and other expenses necessary to administer the program.

NR 758.07(2) (2) Individual policy. If the department does not enter into a contract with an insurance company as described under sub. (1) or the voluntary party is unable to use the contract under sub. (1), the voluntary party seeking the liability exemption under s. 292.15 (2) (af), Stats., shall obtain and maintain insurance that conforms to all of the following requirements unless a waiver is obtained under s. NR 758.15:

NR 758.07(2)(a) (a) The insurance policy shall provide liability insurance covering claims for response action expenses caused by preexisting pollution conditions in the sediment on, at, or emanating from the insured location.

NR 758.07(2)(b) (b) The insurance policy shall cover response action expenses in the event that the department issues a written determination that additional remedial action is necessary due to the occurrence of the conditions described under s. 292.15 (2) (b) 2. or 3., Stats.

NR 758.07 Note Note: Section 292.15 (2) (b) 2. and 3., Stats., refer to situations when the department discovers that a cleanup fails to fully restore the environment and minimize the effects from a discharge of a hazardous substance and when the department discovers the contamination from a hazardous substance that is the subject of a cleanup is more extensive than anticipated.

NR 758.07(2)(c) (c) The insurance policy shall name the department as an insured party for response action.

NR 758.07(2)(d) (d) The insurer providing the insurance policy shall be rated at A X or better from A.M. Best Rating Services. If the insurer’s rating falls below A X, the voluntary party shall notify the department within 30 days of this change and provide replacement coverage with a subsequent, qualified insurer within 90 days.

NR 758.07(2)(e) (e) Except under par. (f), the voluntary party shall submit a signed certificate of insurance from the insurer to the department that includes endorsement language developed by the department that certifies that coverage conforms with the requirements of this chapter.

NR 758.07(2)(f) (f) As an alternative to the endorsement language required under par. (e), the voluntary party may request that the department approve an alternative set of endorsements naming the voluntary party as the insured. The department may approve an alternative set of endorsements if all of the following requirements are met:

NR 758.07(2)(f)1. 1. The alternative endorsements do not dilute the coverage naming the department as an insured party that are required by this chapter.

NR 758.07(2)(f)2. 2. The alternative endorsements substantially meet the purpose and intent of this section.

NR 758.07(2)(f)3. 3. The voluntary party provides an explanation of why the required endorsements described under par. (e) were not provided.

NR 758.07(2)(g) (g) If the insurer terminates or lapses coverage for any reason, the insurer shall directly notify the department of the termination within 30 days.