7 CCR 1101-14-8-4 - Unallowable Costs
(a) Costs and
expenses which are not applicable to the performance of necessary corrective
action in accordance with the requirements of the Director or are deemed
unreasonable by the Committee are unallowable for reimbursement.
(b) The following types of costs are not
allowable for reimbursement.
(1) The cost of
replacement, repair, maintenance, testing and upgrading of affected tanks and
associated piping.
(2) The loss of
income or profits, including without limitation, the loss of business income
arising out of the review, processing, or payment of an application or request
for assistance under these regulations.
(3) Decreased property values.
(4) Bodily injury or property damage except
for injuries or damages suffered by third parties.
(5) Fees for legal services.
(6) Removal and disposal (including
transport) of soils and pavement where removal is necessary to the performance
of corrective action;
(7) The costs
of making improvements to the facility beyond those that are required for
corrective action.
(8) Costs,
including those associated with contamination assessments performed, for any
purpose other than investigating the extent and impacts of a release as
required by the Director.
(9) Costs
of compiling and storing records.
(10) Any activities, including those required
by these regulations, which are not conducted in compliance with applicable
state and federal environmental laws, including laws relating to the transport
and disposal of waste.
(11)
Penalties or payment for damages assessed by the Committee, Director, the
Department of Public Health and Environment, and/or the Federal
government.
(12) At the Committee's
sole discretion, claims for reimbursement relating to a tank owned or operated
by a person who has been convicted of a violation of any law or rule that
relates to the installation, operation, or management of petroleum storage
tanks.
(13) Costs in excess of
those considered reasonable by the Committee.
(14) At the Committee's sole discretion,
cleanup costs resulting from negligence or misconduct on the part of the
owner/operator or applicant.
(15)
Costs for the rental of equipment owned by the applicant if the equipment was
previously reimbursed by the Fund.
(16) Interest paid on loans.
(17) Costs that are a part of normal business
expenses (i.e. insurance charges).
(c) Any attempt by an applicant to claim
reimbursement under circumstances when the applicant knew or should have known
(this includes knowledge held by the applicant's environmental consultant) that
some or all costs would be unallowed authorizes the Committee to reduce
otherwise allowable costs submitted by the applicant (whether on the same or a
different application). Any reduction imposed under this section shall be equal
to the amount of the unallowed costs. This subsection applies only to the
unallowed costs in subsections 8-4(b)(1), (6), (7), (8), (11), and (15) above
and only to applications received after March 1, 1997.
Notes
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