Wis. Admin. Code Department of Natural Resources § NR 758.15 - Waiver of insurance requirement

Current through March 28, 2022

The voluntary party may submit a written request for a waiver of the insurance requirement under s. NR 758.07 to the department. The department may waive the insurance requirement after considering all the following factors, which shall be identified in the request for waiver:

(1) The voluntary party's explanation of the circumstances eliminating the need for insurance.
(2) The hazardous substance contained in the contaminated sediment. The department may not grant a waiver if mercury, PCBs, as defined in s. 299.45(1) (a), Stats., or dioxin is one of the identified hazardous substances.
(3) Any of the applicable following site-specific factors:
(a) The volume of contaminated sediment.
(b) Concentrations of hazardous substances in the sediment.
(c) Threat to ecological resources.
(d) Known and potential effects of contaminated sediment on human health including consumption of fish, birds, or other wildlife.
(e) Risk that additional cleanup would be needed.
(f) Anticipated cost of additional future cleanup.
(g) Extent of removal of the known contaminants completed in accordance with applicable cleanup standards for the known contaminants.

Notes

Wis. Admin. Code Department of Natural Resources § NR 758.15
Adopted by, EmR2032: emerg. cr., eff. 9-8-20; CR 20-038: cr. Register September 2021 No. 789, eff. 10-1-21; correction in (3) (d) made under s. 35.17, Stats., Register September 2021 No. 789, eff. 10/1/2021

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