Section 93.705. Amount and scope of required financial responsibility.

 

(1)  Owners or operators of petroleum storage tank systems within the scope of this subchapter shall demonstrate financial responsibility for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases arising from the operation of petroleum storage tank systems within the scope of this subchapter in at least the following per-occurrence amounts:

(a) For owners or operators of petroleum underground storage tank systems that are located at petroleum marketing facilities, or that throughput an average of more than 10,000 gallons of petroleum per month based on annual throughput for the previous calendar year; $1 million.

(b) For all other owners or operators of petroleum storage tank systems covered in s. ATCP 93.700 (1) ; $500,000.

(2)  Owners or operators of petroleum underground storage tank systems shall demonstrate financial responsibility for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases arising from the operation of petroleum underground storage tank systems in at least the following annual aggregate amounts:

(a) For owners or operators of 1 to 100 petroleum underground storage tanks; $1 million.

(b) For owners or operators of 101 or more petroleum underground storage tanks; $2 million.

(c) For the purposes of this subsection, a petroleum underground storage tank means a single containment unit and does not mean combinations of single containment units.

(3)  Owners or operators of petroleum aboveground storage tanks covered in this subchapter shall demonstrate financial responsibility for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases arising from their operation in the amount of $1 million per occurrence.

(4)  If the owner or operator uses separate mechanisms or separate combinations of mechanisms to demonstrate financial responsibility, the amount shall be in the full amount specified in subs. (1) to (3) for any of the following, except as provided in sub. (5) :

(a) Taking corrective action.

(b) Compensating third parties for bodily injury and property damage caused by sudden accidental releases.

(c) Compensating third parties for bodily injury and property damage caused by non-sudden accidental releases.

(5)  If an owner or operator uses separate mechanisms or separate combinations of mechanisms to demonstrate financial responsibility for different petroleum storage tank systems, the annual aggregate required shall be based on the number of tanks covered by each such separate mechanism or combination of mechanisms.

(6)  

(a) Owners or operators shall review the amount of aggregate assurance provided whenever additional petroleum storage tank systems are acquired or installed.

(b) If the number of petroleum storage tank systems for which assurance is needed exceeds 100, the owner or operator shall demonstrate financial responsibility in the amount of at least $2 million of annual aggregate assurance by the anniversary of the date on which the mechanism demonstrating financial responsibility became effective.

(c) If assurance is being demonstrated by a combination of mechanisms, the owner or operator shall demonstrate financial responsibility in the amount of at least $2 million of annual aggregate assurance by the first-occurring effective date anniversary of any one of the mechanisms combined, other than a financial test or guarantee, to provide assurance.

(7)  The amounts of assurance required in this section exclude legal defense costs.

(8)  The required per-occurrence and annual aggregate coverage amounts do not in any way limit the liability of the owner or operator.

CR 07-029 : cr. Register November 2008 No. 635 , eff. 2-1-09; correction in (1) (b) made under s. 13.92 (4) (b) 7. , Stats., Register December 2011 No. 672 ; correction in (1) (b) made under s. 13.92 (4) (b) 7. , Stats., Register October 2013 No. 694 .