Section NR 661.0142 - Cost estimate(1) The owner or operator shall have a detailed written estimate, in current dollars, of the cost of disposing of any hazardous secondary material as listed or characteristic hazardous waste, and the potential cost of closing the facility as a treatment, storage, and disposal facility. The estimate shall include all of the following: (a) The estimate shall equal the cost of conducting those activities at the point when the extent and manner of the facility's operation would make these activities the most expensive.(b) The cost estimate shall be based on the costs to the owner or operator of hiring a third party to conduct these activities. A third party is a party who is neither a parent corporation as defined in s. NR 665.0141(5) nor a subsidiary of the owner or operator. The owner or operator may use costs for on-site disposal in accordance with applicable requirements if the owner or operator can demonstrate that on-site disposal capacity will exist at all times over the life of the facility.(c) The cost estimate may not incorporate any salvage value that may be realized with the sale of hazardous secondary material, or hazardous or non-hazardous wastes if applicable under s. NR 665.0113(4), facility structures or equipment, land, or other assets associated with the facility.(d) The owner or operator may not incorporate a zero cost for hazardous secondary material, or hazardous or non-hazardous wastes if applicable under s. NR 665.0113(4) that might have economic value.(2) During the active life of the facility, the owner or operator shall adjust the cost estimate for inflation within 60 days prior to the anniversary date of the establishment of the financial instrument or instrument used to comply with s. NR 661.0143. For owners and operators using the financial test or corporate guarantee, the cost estimate shall be updated for inflation within 30 days after the close of the firm's fiscal year and before submission of updated information to the department as specified in s. NR 661.0143(5) (c). The adjustment may be made by recalculating the cost estimate in current dollars, or by using an inflation factor derived from the most recent Implicit Price Deflator for Gross National Product published by the U.S. department of commerce in its Survey of Current Business, as specified in pars. (a) and (b). The inflation factor is the result of dividing the latest published annual deflator by the deflator for the previous year. Adjustments shall be made as follows: (a) The first adjustment is made by multiplying the cost estimate by the inflation factor. The result is the adjusted cost estimate.(b) Subsequent adjustments are made by multiplying the latest adjusted cost estimate by the latest inflation factor.(3) During the active life of the facility, the owner or operator shall revise the cost estimate no later than 30 days after a change in a facility's operating plan or design that would increase the costs of conducting the activities described in sub. (1) or no later than 60 days after an unexpected event that increases the cost of conducting the activities described in sub. (1). The revised cost estimate shall be adjusted for inflation as specified in sub. (2).(4) The owner or operator shall keep the following at the facility during the operating life of the facility: The latest cost estimate prepared in accordance with subs. (1) and (3) and, when this estimate has been adjusted in accordance with sub. (2), the latest adjusted cost estimate.Wis. Admin. Code Department of Natural Resources NR 661.0142
Adopted by, CR 19-082: cr. Register August 2020 No. 776, eff. 9/1/2020Amended by, correction in (1) (c), (d) made under s. 35.17, Stats., Register April 2021 No. 784, eff. 5/1/2021