NR 747.54(8)(b)3.3. A complete list of the specific costs which were denied by the department which the claimant has requested be the subject of the arbitration proceeding. NR 747.54(8)(b)4.4. To the extent such information is available, the names and addresses of all identified owners for the site, and the volume of the tanks and nature of the petroleum products that contributed to the contamination. NR 747.54(8)(b)5.5. Any other statement or documentation that the claimant deems necessary to support its claim. NR 747.54(8)(c)(c) If any issue concerning the adequacy of the claimant’s remedial action has been submitted for resolution or may arise during the arbitrator’s determination of the dollar amount of response costs recoverable by the claimant, the statement shall be accompanied with an index of any documents that formed the basis for the selection of the remedial action taken at the site, and a copy of all indexed documents. NR 747.54(8)(d)(d) Within 14 days after receipt of the claimant’s written statement, the department shall submit to the arbitrator 2 copies of an answer and shall serve a copy of the answer upon all other parties. The answer shall include all of the following: NR 747.54(8)(d)1.1. A brief statement of the department’s basis for denying the costs at issue that are the subject of the arbitration. NR 747.54(8)(d)2.2. Any objections to the statement of facts in the claimant’s written statement, and, if so, a counterstatement of facts. NR 747.54(8)(d)3.3. A description of the evidence in support of the department’s denial of the costs at issue and any supporting documentation thereof. NR 747.54(8)(d)4.4. Any objections to the remedial action taken by the claimant at the site based upon any documents that formed the basis for the selection of the remedial action. NR 747.54(8)(d)5.5. Any other documentation that the department deems relevant, including documentation that the department deems necessary to support its denial of costs submitted by the claimant for reimbursement. NR 747.54(9)(a)(a) In accordance with the procedures established by this section, the arbitrator is authorized to arbitrate one or more issues arising from the denial by the department of incurred costs in a claim for reimbursement. NR 747.54(9)(b)(b) The arbitrator’s authority is to render a decision regarding the denial of incurred costs claimed and is limited to only the issues submitted for resolution by the parties in the joint submittal for arbitration. Any issues arising from the denial of incurred costs claimed that are not submitted for resolution shall be deemed to be waived and shall not be raised in any action seeking enforcement of the decision for the purpose of overturning or otherwise challenging the final decision, except as provided in subs. (11) (b) and (c). NR 747.54(9)(c)(c) If the issue of the dollar amount of incurred costs that were denied by the department has been submitted for resolution, the arbitrator shall determine, pursuant to par. (d), the dollar amount recoverable by the claimant and shall award the amount of such costs to the claimant. NR 747.54(9)(d)(d) The arbitrator shall uphold the department’s denial of costs in full or in part unless the claimant can establish that all or part of such costs were either of the following: NR 747.54(9)(d)1.1. Eligible costs based upon the department’s list of eligible costs in s. NR 747.30, or the schedule of usual and customary costs established by the department under s. NR 747.325 for the period in which the costs were incurred. NR 747.54(9)(d)2.2. Clearly not excessive and clearly necessary, taking into account the circumstances of the remedial action and relative to the usual and customary cost schedule established by the department under s. NR 747.325 for the time period in which the costs were actually incurred. NR 747.54(9)(e)(e) If the arbitrator upholds the department’s denial only in part, the arbitrator shall award to the claimant only those costs incurred in connection with the portions of the remedial action that were upheld along with any associated interest that was denied, less any remaining deductible and subject to occurrence maximums. NR 747.54(9)(f)(f) The standard of review to be applied by the arbitrator to the department’s reimbursement denial decision shall be whether the decision was arbitrary and capricious, or otherwise not in accordance with law. NR 747.54(10)(a)(a) Within 5 days after receipt of the statement and answer submitted under sub. (8), the arbitrator shall review the submittals and request any needed additional information from the claimant or the department. NR 747.54(10)(b)(b) Any information requested under par. (a) shall be submitted to the arbitrator and served upon all other parties, within 5 days after receiving the request. NR 747.54(10)(c)(c) Within 10 days after receipt of either the submittals under sub. (8) or the information requested under par. (a), whichever is applicable, the arbitrator shall render a proposed decision and shall mail the proposal to the parties, unless the parties have settled the dispute prior to the decision. NR 747.54(10)(d)(d) Within 10 days after receipt of the proposed decision, a party may submit additional information to the arbitrator, and if done, shall serve a copy of the additional information to all other parties. NR 747.54(10)(e)1.1. Within 5 business days after receipt of any additional information submitted under par. (d), the arbitrator shall render a final decision. NR 747.54(10)(e)2.2. The final decision shall be in writing and shall be signed by the arbitrator. It shall be limited in accordance with the arbitrator’s jurisdiction as established in sub. (9), and shall, if such issues have been jointly submitted by the parties for resolution, contain the arbitrator’s determination of the dollar amount of costs denied by the department, if any, to be awarded to the claimant. NR 747.54(10)(f)(f) The parties shall accept as legal delivery of the final decision the placing in the United States mail of a true copy of the final decision, sent by certified mail, return receipt requested, addressed to each party’s last known address or each party’s attorney’s last known address, or by personal service. NR 747.54(10)(g)(g) Notice of the final decision shall be published by the department on its Web site. The notice shall include the name and location of the site concerned, the names of the parties to the proceeding, and a brief summary of the final decision.