Wis. Admin. Code Department of Natural Resources § NR 758.09 - Calculating the amount of the insurance coverage

Current through March 28, 2022

To calculate the amount of insurance coverage required, the voluntary party shall submit to the department a summary of the total costs spent on the investigation and remediation of the contaminated sediment at the insured location, including all money spent by the voluntary party as well as other parties including local, state, or federal government entities. The limits of the insurance shall be dedicated to the response actions of the insured location and may not be shared with other coverage parts and may not be limited by the insurance policy's aggregate limit for other coverages. The insurance shall provide coverage with limits of no less than the following:

(1) If the cost of the site investigation and remediation of the contaminated sediment was less than $1,500,000, then the insurance limit for response action coverage shall be at least $1,000,000.

(2) If the cost of the site investigation and remediation of the contaminated sediment was $1,500,000 to $3,999,999, then the insurance limit for response action coverage shall be at least $3,000,000.

(3) If the cost of the site investigation and remediation of the contaminated sediment was $4,000,000 or more, then the insurance limit for response action coverage shall be at least $5,000,000.

(4) If the voluntary party is unable to provide a summary of the costs, the voluntary party shall provide the coverage described under sub. (3).

Notes

Wis. Admin. Code Department of Natural Resources § NR 758.09

Adopted by, EmR2032: emerg. cr., eff. 9-8-20; CR 20-038: cr. Register September 2021 No. 789, eff. 10-1-21; correction in (intro.) made under s. 35.17, Stats., Register September 2021 No. 789, eff. 10/1/2021