Cost estimates

Cost estimates. (1) General. (a) For the purpose of determining the amount of proof of financial responsibility that is required under s. NR 756.06 , a person required to submit proof shall submit the estimated costs together with all necessary justification and documentation, as required by the department, to the department for approval as part of the initial request for approval of the plan and compliance schedule. The costs shall be based on a third party performing the work and reported on a per unit basis, as applicable. The source of estimates shall be indicated. (b) For the planned costs under s. NR 756.04 (2) (b) 1. and 3. , the person required to submit proof shall estimate the annual cost in current dollars for each year of the plan and compliance schedule proof period. (c) For the additional costs under s. NR 756.04 (2) (b) 2. and 4. , the person required to submit proof shall estimate costs in current dollars and shall multiply the sum of the costs by a percentage that is provided by the department and determined by the department based on all of the following criteria, as applicable: 1. The cost of response actions taken to address contaminated sediments at the site and the cost of response actions that are part of any approved plan to address contaminated sediments for the site. 2. The assessment of the vulnerability of any engineering controls and structural impediments to any occurrences, including third-party actions and events, that may affect the protectiveness of any engineering controls and the completion of the goals established in the plan and compliance schedule. 3. The following site-specific characteristics: a. Types and amounts of bioaccumulative elements and substances present. b. Volume of contaminated material. c. Degree of contamination. d. Cap complexity, including use of geosynthetics, armoring, and amendments. e. Hydrologic and hydraulic characteristics. f. Presence of outstanding resource waters or exceptional resource waters. g. Design factor of safety. h. Dissolved phase contaminants and chemical characteristics. i. Fish advisories issued. j. Navigation. k. Drinking water sources. (2) Extensions and adjustments. (a) Prior to submitting a new cost estimate under par. (b) , the person required to submit proof shall request in writing that the department review the length of the plan and compliance schedule and the length of the proof period for each applicable financial responsibility requirement. The department shall respond within 60 days of the request and shall provide any extensions in writing. (b) The person required to submit proof shall prepare and submit to the department a new cost estimate during the proof period at all of the following times: 1. Once every 5 years, unless the costs are revised within the 5-year period as required under subd. 2. The new cost estimate shall use current dollars. 2. When any change in site design or operation is approved by the department in writing. (3) Costs for engineering control maintenance. Cost estimates for engineering control maintenance shall include all of the following, as applicable: (a) Sampling, surveying, and monitoring, including bathymetry survey, core sampling, pore water measurements, poling, surface water sampling, event-based monitoring, regular monitoring, and comparison with previous monitoring occurrences. For the purposes of preparing cost estimates, all regular monitoring requirements specified in the plan and compliance schedule shall apply over the entire proof period. (b) Modeling, including transport modeling and conceptual site modeling. (c) Chemical and physical analysis. (d) Repair and replacement of engineering controls. The expected operating life of all engineering controls shall be specified in the plan and compliance schedule. 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 proof period. (4) Costs for site investigation and remediation following structural impediment removal. Costs estimates for inspection, the investigation of the extent of residual contamination, and performance of any necessary response actions that are needed following the removal of a structural impediment shall include all of the following, as applicable: (a) Site investigation. (b) Remedial action, including remedial action planning, design, and permitting. The length of time necessary to complete the remedial action to address the contamination shall be estimated and the cost of remedial actions for each year shall be presented. (c) Full dredge including disposal. (d) Annual monitoring and event monitoring. (e) The expected life of any structural impediments, which shall be specified in the plan and compliance schedule, when practicable. As each structural impediment reaches the end of its anticipated life, the cost of the investigation and remediation following the removal of the structural impediment shall be added to the estimate for the appropriate year of the proof period. If the expected life of a structural impediment cannot be determined at the time of the plan and compliance schedule, the investigation and remediation following removal shall be planned to occur in the last year of the proof period and the costs shall be added to the estimate for the last year of the proof period. (5) Additional costs of events and third-party actions. If an assessment of the vulnerability of any engineering controls and structural impediments to any events or third-party actions that may occur indicates that events or third-party actions may affect the protectiveness of the contaminated sediment engineering control and the attainment of the goals established in the plan and compliance schedule, cost estimates shall include damage, destruction, deterioration, and failure of any engineering controls and structural impediments following an event, including all of the following, as applicable: (a) The costs of repair, replacement, or removal of any engineering controls used to address contaminated sediment. (b) The costs of site investigation and remedial action plan and design, including permitting, following the removal of any structural impediment. (c) Dredging and disposal of contaminated sediment in the area that may be affected by the unplanned event. (d) The costs of post-event inspection, monitoring, maintenance, and repair. (6) Duplicative costs. The department shall not impose financial responsibility costs under sub. (5) that are duplicative of those required under subs. (3) and (4) . (7) Inflation rate. The rates of inflation applied to cost estimates approved by the department in previous years shall be derived from the most recent implicit price deflator for gross domestic product published by the U.S. department of commerce in its Survey of Current Business. The inflation rate is the result of dividing the latest published annual deflator by the deflator for the previous year. The projected rate of inflation to be applied in proof of financial responsibility calculations for all future years shall be equal to the rate of inflation for the last full calendar year.