NR 182.117(2)(c)2.2. For the purposes of preparing the long-term care cost estimates under this subsection, 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 shall 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 a permit issued under ch. 283, Stats., authorizing discharge from the municipal wastewater facility. The expected operating life of all pumps, manholes, blowers, extraction wells, and other engineering design features shall be specified in the plan of operation, and as each design feature reaches the end of its anticipated operating life, the cost of its replacement shall be added to the cost estimate for the appropriate year of the long-term care period. NR 182.117(2)(d)(d) The rates of inflation applied to cost estimates under this subsection 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. NR 182.117(3)(3) Calculating the amount of the proof of financial responsibility. The owner shall, as part of the plan of operation submitted under s. NR 182.109, calculate the amounts of the proof of financial responsibility required under sub. (1) for long-term care based on the chosen methods for providing proof of financial responsibility, subject to all of the following: NR 182.117(3)(a)(a) Proof of financial responsibility for long-term care deposited as cash, certificates of deposit, or U.S. government securities under sub. (1) (b) shall be provided in accordance with all of the following: NR 182.117(3)(a)1.1. Annual payments shall be made into the account at the beginning of each year of site life. All estimated annual expenditures during the long-term care proof of financial responsibility period shall be assumed to occur at the end of each year of the proof period. NR 182.117(3)(a)2.2. Annual payments shall be made in equal dollar amounts or in dollar amounts that increase each year by no more than the projected rate of inflation. However, payments in excess of these minimum amounts may be made in any year, thereby reducing the amounts of subsequent annual payments for the remainder of the site life. NR 182.117(3)(a)3.3. The amount of the annual payments shall be calculated and made such that, at the end of the projected facility life, the minimum dollar value of the account is equal to the sum of all estimated long-term care expenditures for the entire long-term care proof of financial responsibility period when the expenditure for each year has first been expressed in future dollars and then brought to present value using a discount rate equal to the projected rate of inflation plus 2 percent. NR 182.117(3)(a)4.4. In estimating future earnings on cash, certificates, and securities deposited as proof of financial responsibility for long-term care, the weighted average rate of return of the investments held in the account may be used for a period of time not to exceed the weighted average maturity of the investments held in the account rounded to the nearest whole year. Earnings for years beyond the weighted average maturity of the investments in the account shall be calculated based on a projected rate of return equal to the projected rate of inflation plus 2 percent. NR 182.117(3)(a)5.5. If an annual payment is missed or made late, the subsequent annual payment shall be increased so that the end of year balances originally calculated based on beginning of year payments are maintained. NR 182.117(3)(b)(b) Proof of financial responsibility for long-term care provided in the form of a performance or forfeiture bond under sub. (1) (a) or insurance under sub. (1) (c) shall be equal to the sum of the costs in current dollars of performing each of the years of long-term care for the required long-term care proof of financial responsibility period. NR 182.117(4)(4) Changing methods of proof of financial responsibility. The owner of an approved mining waste facility may change from one method of providing proof of financial responsibility under sub. (1) to another, but not more than once per year. A change may only be made on the anniversary of the submittal of the original method of providing proof of financial responsibility. The amount of the new method of providing proof of financial responsibility shall be in the amount that is equal to the amount that would have accumulated had the new method been used as the original method. NR 182.117(5)(5) Adjustment of financial responsibility. The owner of a facility for the land disposal of mining waste shall prepare a new long-term care cost estimate whenever a substantial change in the long-term care requirements in the approved plan of operation affects the cost of long-term care. Proof of the increase in the amount of all bonds or other approved methods established under this section shall be submitted annually to the department. The department may adjust the amount of the required proof of financial responsibility for long-term care based upon prevailing or projected interest and inflation rates and the latest cost estimates and may annually require the owner to adjust the amount of proof of financial responsibility accordingly. NR 182.117(6)(6) Access and default. Whenever on the basis of any reliable information, and after opportunity for a hearing, the department determines that an owner or operator of an approved mining waste facility is in violation of any of the requirements for long-term care specified in the approved plan of operation, the department and its designees shall have the right to enter upon the facility and carry out the long-term care requirements. The department may use part, or all of the money deposited as cash, certificates of deposit or government securities, performance or forfeiture bonds, or insurance under sub. (1) to carry out the long-term care requirements. NR 182.117(7)(7) Authorization to release funds. One year after closure, and annually thereafter for the period of owner responsibility under s. 289.41 (1m) (g), Stats., the owner, who has carried out all necessary long-term care during the preceding year, may make application to the department for reimbursement from deposits with the department, or for reduction of the bond or insurance equal to the estimated costs for long-term care for that year. The application shall be accompanied by an itemized list of costs incurred. Upon determination that the expenditures incurred are in accordance with the long-term care requirements anticipated in the approved plan of operation, the department may authorize in writing the release of funds or approve a reduction in the bond or insurance. Prior to authorizing a release of the funds or a reduction of the bond or insurance, the department shall determine that adequate funds exist to complete required long-term care work for the remaining period of owner responsibility. For facilities using deposits with the department, the department may authorize the release and return of up to 75 percent of the expected cost of long-term care for the current year. Determinations shall be made within 90 days of the application. Any funds remaining in deposits with the department at the termination of the period of owner responsibility shall be released to the owner. NR 182.117(8)(8) Termination of requirement to post proof of financial responsibility. The owner of an approved mining facility may apply, at any time at least 40 years after the closing of the facility, to the department for termination of the owner’s obligation to maintain proof of financial responsibility for long-term care of the facility. The department shall process the application in accordance with the notice, hearing, and all other requirements under s. 289.41 (1m) (g), Stats. NR 182.117(9)(9) Successors in interest. Any person acquiring rights of ownership, possession, or operation of a licensed facility shall be subject to all requirements of the license for the facility and shall provide any required proof of financial responsibility to the department in accordance with this section. The previous owner is responsible for long-term care, and shall maintain any required proof of financial responsibility, until the person acquiring ownership, possession, or operation of the facility establishes any required proof of financial responsibility. NR 182.117 HistoryHistory: CR 20-043: cr. Register December 2021 No. 792, eff. 1-1-22; correction in (1) (intro.), (c) 3. made under s. 35.17, Stats., and correction in (1) (c) 2. made under s. 13.92 (4) (b) 6., Stats., Register December 2021 No. 792. NR 182.118(1)(1) Environmental repair fund. All owners or operators of licensed mining waste disposal facilities shall pay to the department an environmental repair fee for each ton of waste received and disposed of at the facility, until the facility no longer receives waste and begins closure activities. The environmental repair fee shall be as specified in s. 289.67 (1), Stats. NR 182.118(2)(2) Groundwater fund. All owners or operators of licensed mining waste facilities shall pay to the department a groundwater fee for each ton of waste received and disposed of at the facility, until the facility no longer receives wastes and begins closure activities. The amount of the groundwater fee shall be as specified in s. 289.63 (3), Stats. The department shall deposit all groundwater fees into the groundwater fund as provided for in s. 25.48, Stats. NR 182.118(3)(3) Solid waste facility siting board fee. All owners or operators of licensed mining waste facilities shall pay to the department a solid waste facility siting board fee for each ton or equivalent volume of waste or that is disposed of at the mining waste facility. The amount of the solid waste facility siting board fee shall be as specified in s. 289.64 (3), Stats. The fees collected under this subsection shall be credited to the appropriation under s. 20.370 (4) (eg), Stats., for transfer to the appropriation under s. 20.505 (4) (k), Stats.