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

7 CCR 1101-14-8-4
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

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