Section 520.12. Authorization to release funds.

 

(1)   Closure. When an owner or operator has completed closure, the owner may apply to the department for release of the bond, insurance or the letter of credit or return of the money held on deposit, in escrow, or in trust for closure of the facility. The application shall be accompanied by a report under the seal of a registered professional engineer which documents that the facility has been closed in accordance with the plan of operation approval and ch. NR 514 , and summarizes the actual closure costs incurred. Upon determination by the department that complete closure has been accomplished, the department shall authorize in writing the release and return of all funds accumulated in such accounts or give written permission for cancellation of the bond, insurance or letter of credit. Determinations shall be made within 90 days of the application.

(2)   Long-term care. One year after closure, and annually thereafter for the period of owner responsibility, the owner who has carried out all necessary long-term care during the preceding year may make application to the department for reimbursement from an escrow account, trust account, deposit with the department, or other approved methods, or for reduction of the bond, insurance or letter of credit equal to the estimated costs for long-term care for that year. The application shall be accompanied by an itemized list of costs incurred. Upon determination that the expenditures incurred are in accordance with the long-term care requirements anticipated in the approved plan of operation, the department may authorize in writing the release of the funds or approve a reduction in the bond, insurance or letter of credit. Prior to authorizing a release of the funds or a reduction of the bond, insurance or letter of credit, the department shall determine that adequate funds exist to complete required long-term care work for the remaining period of owner responsibility. Determinations shall be made within 90 days after the application. For facilities using escrow accounts, trust accounts or deposits with the department, the department may authorize the release and return of up to 75% of the expected cost of long-term care for the current year. Any funds remaining in an escrow account, trust account, or on deposit with the department at the termination of the period of owner responsibility shall be released to the owner.

(3)   R EMEDIAL ACTIONS . One year following the midpoint of the period of time that implementation of a remedial action is expected to take, and annually thereafter for the period of the remedial action, the owner who has carried out all required activities during the preceding year may make application to the department for reimbursement from an escrow account, trust account, deposit with the department, or other approved methods, or for reduction of the bond, insurance or letter of credit equal to the estimated costs of remedial activities for that year. The application shall be accompanied by a report under the seal of a licensed professional engineer which documents the actual remedial activity costs incurred for that year. Upon determination that the expenditures incurred are in accordance with the approved remedial action requirements, the department may authorize in writing the release of the funds or approve a reduction in the bond, insurance or letter or credit. Prior to authorizing a release of the funds or a reduction of the bond, insurance or letter of credit, the department shall determine that adequate funds exist to complete the required remedial work over the remaining remedial action period. Determinations shall be made within 90 days of the application. Any funds remaining in an escrow account, trust account, or on deposit with the department upon the successful completion of the approved remedial action shall be released to the owner.

History: Cr. Register, January, 1988, No. 385 , eff. 2-6-88; am. (2), cr. (3), Register, June, 1996, No. 486 , eff. 7-1-96; CR 05-020 : am. (1) and (3) Register January 2006 No. 601 , eff. 2-1-06.