NR 169.13 Note 12. Inspection and supervision.

NR 169.13 Note 14. Other costs identified by the department as reasonable and necessary for proper investigation, remedial action planning and remedial action activities to meet the requirements of s. 292.11, Stats.

NR 169.13 Note Note: Costs incurred after October 14, 1997 and before February 1, 2000 will not be denied for failure to conform with the bidding provisions in this chapter, but will be reviewed and evaluated for reasonableness under this section.

NR 169.13 Note Note: Equipment purchased to remediate environmental contamination belongs to applicant when the remediation is complete and is not property of the department.

NR 169.13(2)(b) (b) Site investigation scoping. Costs for site investigation scoping are eligible costs if they are limited to the scoping of discharges of dry cleaning products from former or current dry cleaning facilities, they result in the documentation of a discharge and subsequent notification of that discharge, per s. 292.11, Stats., and the department deems them reasonable. The results, including data, from that scoping shall be made available to all consultants from whom workplans are requested as part of the bidding process.

NR 169.13(2)(c) (c) Site investigation workplan. Costs for preparation of a site investigation workplan by the consultant who is awarded the contract are eligible costs, if the department determines that they are reasonable.

NR 169.13(2)(d) (d) Bid proposal costs. Costs paid to the consultant who is awarded the contract for preparation of a remedial action bid proposal, including costs to analyze the economic and technical feasibility of a selected remedy are eligible costs if the department determines that they are reasonable.

NR 169.13(2)(e) (e) Costs limitation. Reimbursement of eligible costs for remedial actions will be limited to the costs identified for the lowest cost alternative approved by the department.

NR 169.13 Note Note: Eligible applicants may conduct a more costly remedy, but reimbursement will be limited to the maximum identified for the lowest cost acceptable alternative approved for the site. Criteria and requirements in ch. NR 726 determine whether a site may be closed.

NR 169.13(2)(f) (f) Other reasonable and necessary costs. Reasonable and necessary costs under s. 292.65 (7) (a) 14., Stats., include:

NR 169.13(2)(f)1. 1. Actual costs for equipment, supplies or services that are used exclusively for the response action. The department may reimburse an owner or operator who buys equipment used exclusively for the response action the net cost (purchase cost less salvage value) of the equipment as determined by the department, but not to exceed the reasonable cost of renting the equipment.

NR 169.13(2)(f)2. 2. Normal employee wages, salaries, expenses or fringe benefits allocated to hours that the employees of the owner or operator worked on a response action.

NR 169.13(2)(f)3. 3. Costs that do not exceed $15,000 that the department determines are integral to the response action for dry cleaning solvent discharged from a dry cleaning facility and are incurred for any of the following purposes:

NR 169.13(2)(f)3.a. a. To remove existing structures, fixtures, and building components in order to access and investigate, treat, or remove contaminated soil or water.

NR 169.13(2)(f)3.b. b. To reinstall existing structures, fixtures, and building components.

NR 169.13(2)(f)3.c. c. To replace existing building components destroyed or damaged beyond reuse by removal. Existing building components shall be salvaged and reused to the extent practicable, but existing building components destroyed or damaged beyond reuse by removal may be replaced by building components of comparable or lesser value than the value of the destroyed or damaged components before removal.

NR 169.13 Note Note: Building components include windows, siding, and interior and exterior concrete, asphalt, walls, and doorways.

NR 169.13 Note Note: All other costs to construct, repair, replace, improve, relocate, or demolish a structure, fixture, or building component are ineligible costs under sub. (3).

NR 169.13(3) (3) Ineligible costs.

NR 169.13(3)(a) (a) General costs. Notwithstanding sub. (1), costs which the department has determined ineligible for reimbursement under s. 292.65 (7) (c), Stats., include, but are not limited to, the following:

NR 169.13(3)(a)1. 1. Costs incurred before October 14, 1997.

NR 169.13(3)(a)2. 2. Costs of retrofitting or replacing dry cleaning equipment.

NR 169.13(3)(a)3. 3. Indirect costs charged by a contractor, unless those costs are allocated to the contract according to a reasonable cost allocation formula that the contractor uses for similar contracts.

NR 169.13(3)(a)4. 4. An owner or operator’s indirect costs, including indirect costs for equipment, supplies or services.

NR 169.13 Note Note: This paragraph prohibits allocating indirect costs to the investigation and cleanup of a dry cleaning site. But direct costs for equipment, supplies, services, or employee services may be eligible for reimbursement pursuant to s. NR 169.13 (2) (f).

NR 169.13(3)(a)5. 5. Costs for the time that the owner or operator, or any officer of the owner or operator, spends planning or implementing a response action.

NR 169.13 Note Note: This does not prohibit the department from reimbursing normal employee wages, salaries, expenses or other fringe benefits allocated to hours that employees who are not owners, operators or officers spend implementing a response action.

NR 169.13(3)(a)6. 6. Costs to construct, repair, replace, improve, relocate, or demolish any building or fixture except as allowed by sub. (2) (f) 3.

NR 169.13(3)(a)7. 7. Loss or impairment of property values or other assets.