The department shall purchase insurance, including extended coverage insurance, to protect the pollution control facilities administered under this subdivision against fire, vandalism, and malicious mischief. The cost of the insurance shall be included in the user fee. If the department determines that any of the foregoing insurance is unavailable or uneconomical, it may request the governor and council to waive the provisions of this section for the term of the coverage. Nothing in this section shall be construed as a waiver of the state‘s sovereign immunity regardless of the department’s ability to procure the types of insurance described in this section.