Wis. Admin. Code Department of Natural Resources NR 520.07 - Cost estimates

(1) GENERAL. For the purpose of determining the amount of proof of financial responsibility that is required in s. NR 520.06, the owner shall estimate the total cost in current dollars of closure for the point in time during operation of the facility when the extent and manner of its operation make closure most expensive, estimate the annual cost in current dollars for each year of the long-term care proof of owner responsibility period for the facility and submit the estimated closure and long-term care costs together with all necessary justification to the department for approval as part of the plan of operation submittal. The costs shall be based on a third party performing the work and reported on a per unit basis. The source of estimates shall be indicated.

(1m) ADJUSTMENTS. The owner shall prepare and submit to the department a new cost estimate for closure and long-term care during the active life of the facility as follows:

(a) Once every 10 years using current dollars, unless the costs are revised within the 10 year period as required under par. (b); and

(b) Due to a change in site design or operation or both approved by the department in writing.

(2) CLOSURE COSTS FOR LANDFILLS. At a minimum, closure costs for a landfill shall include all of the following:

(a) The purchasing, hauling, placement, and documentation testing of all the final cover materials including soils, membranes, fabrics, and grids and topsoil.

(b) Seeding, fertilizing, mulching, and labor.

(c) The installation of gas removal and treatment devices.

(d) The cost of preparing an engineering report documenting the work performed.

(e) A 10 percent contingency.

(2m) CLOSURE COSTS FOR NON-LANDFILL FACILITIES REQUIRED TO PROVIDE PROOF OF FINANCIAL RESPONSIBILITY.

(a) At a minimum, closure costs for a facility required to provide proof of financial responsibility under s. NR 502.04 (6) shall include all of the following:

1. Work to remove entire remaining inventory including equipment and materials, recycling or disposal costs, transportation, labor, supervision, overhead costs, and taxes.

2. Decontamination.

3. Equipment decommissioning.

4. A 10 percent contingency.

(b) Cost estimates under par. (a) shall be based on the maximum volumes approved to be on-site, including material stored before and after processing and material undergoing processing or on sort lines.

(3) LONG-TERM CARE COSTS. At a minimum, long-term care costs shall include, where applicable, land surface care; gas removal, treatment and monitoring; unsaturated zone monitoring; leachate pumping, transportation, monitoring and treatment; groundwater monitoring including sample collection and analysis; leachate collection line cleaning on an annual basis; annual cost of electricity for maintaining the closed site; and a 10% contingency. For the purposes of preparing the long-term care cost estimates, all monitoring requirements specified in the plan of operation shall be assumed to apply over the entire long-term care period. Leachate quantity and strength shall be assumed to remain constant over time and the calculation of leachate generation volumes shall be performed assuming that the waste is at field capacity unless an alternative method is approved by the department in writing. Only detailed performance data will be considered when evaluating estimates for leachate strengths and leachate generation volumes. Leachate treatment costs shall be based on those available from a municipal wastewater treatment plant capable of accepting the leachate in accordance with the applicable requirements of its WPDES permit. The expected operating life of all pumps, manholes, blowers, extraction wells and other engineering design features shall be specified in the plan of operation. As each of these features reach the end of their anticipated operating life, the cost of their replacement shall be added to the estimate for the appropriate year of the long-term care proof period.

(4) REMEDIAL ACTION COSTS. When remedial actions are required by the department, the owner of any municipal solid waste landfill identified in Table 1 as subject to remedial action proof of financial responsibility requirements shall submit cost estimates to the department for performing all activities associated with the required remedial action. The costs shall be provided in current dollars based on a third party performing the work. They shall also be reported on a per unit basis and shall include the source of the estimates. In addition, the length of time necessary to complete the remedial action shall be estimated and the cost of remedial actions for each year shall be presented.

(5) INFLATION RATE. The rates of inflation applied to cost estimates approved by the department in previous years shall be the annual gross domestic product implicit price deflator published in the survey of current business by the bureau of economic analysis, U.S. department of commerce for the appropriate years. The projected rate of inflation to be applied in proof of financial responsibility calculations for all future years shall be equal to the annual gross domestic product implicit price deflator for the last full calendar year.

Notes

Wis. Admin. Code Department of Natural Resources NR 520.07

Cr. Register, January, 1988, No. 385, eff. 2-6-88; am. (1) to (3), r. (5), renum. (4) to be (5) and am., cr. (4), Register, June, 1996, No. 486, eff. 7-1-96; am. (5), Register, August, 1997, No. 500, eff. 9-1-97; CR 05-020: cr. (1m), am. (3) Register January 2006 No. 601, eff. 2-1-06. Amended by, CR 21-041: renum. (2) to (2) (intro.) and am., cr. (2m) Register June 2023 No. 810, eff. 7-1-23; correction in (2m) (title) made under s. 13.92 (4) (b) 2, Stats., Register June 2023 No. 810, eff. 7/1/2023