7 CCR 1101-14-8-2 - Reimbursement

(a) The owner/operator of the petroleum storage tanks from which a release has occurred, or another person eligible pursuant to statute, and for which corrective action has been performed, or his duly authorized agent; may file an application for reimbursement.

(b) An application for reimbursement shall include a completed application form provided by the Director and shall contain the following:

(1) Legible copies of invoices according to the format required by the Director.

(2) The application shall provide proof of payment of invoices as follows:

(i) The amounts shown on the invoices for which reimbursement is requested have been paid in full by the applicant according to one of the following methods;

(A) Business receipts, indicating payments received;

(B) Fronts and backs of cancelled checks;

(C) The certification of a certified public accountant that the expenses for which reimbursement is requested have been paid in full;

(D) Provided the parties are unaffiliated and unrelated, a notarized affidavit signed by the person that performed the corrective action affirming that the amounts which the applicant represents as being paid were paid in full; or

(ii) Provided the parties are unaffiliated and unrelated, a notarized affidavit stating that the invoices relative to the referenced application for reimbursement from the Fund will be paid in full by the applicant upon receipt of the reimbursement in accordance with a promissory agreement.

(3) Any other information which the Committee may reasonably require.

(c) Subject to Committee policies regarding reimbursement, all applicants must comply with all corrective action requirements and a corrective action plan (including a technical and economic feasibility summary) must be approved before costs, associated with the corrective action, are eligible. The applicant can be required to provide proof that all corrective action requirements have been met.

(d) The applicant may file the application at any phase of the corrective action subject to any policies adopted by the Committee.

(e) Incomplete submittals shall suspend processing of applications.

(f) Technical information may be required by the Committee or the Director as part of any application for reimbursement:

(1) A detailed account of what corrective action has been taken, why specific actions were taken, when, by whom, and with what results.

(2) An estimate of other corrective action measures that may be required to remediate the facility and the estimated time required to complete such measures.

(3) Line and tank tightness tests, release detection and release prevention records. These records may include time periods ranging from six months to three years prior to a release or detection of contamination.

(4) Documentation that a release being cleaned up is not a new release requiring payment of a separate deductible, if the Director or the Committee has any information indicating a separate release may have occurred.

(g) Applications for reimbursement shall be submitted according to the electronic format and location as required by the Director and by hard copy to:

Petroleum Storage Tank Committee

Department of Labor and Employment

Division of Oil and Public Safety

633 17th St, Ste 500

Denver, CO 80202-3610

(h) The date of filing of any document shall be the receipt date stamped on the document.

Notes

7 CCR 1101-14-8-2

37 CR 18, September 25, 2014, effective 10/15/2014 39 CR 18, September 25, 2016, effective 1/1/2017 40 CR 05, March 10, 2017, effective 5/1/2017 40 CR 07, April 10, 2017, effective 5/1/2017 41 CR 07, April 10, 2018, effective 5/1/2018 42 CR 04, February 25, 2019, effective 3/17/2019